Wednesday, December 16, 2009

Part III

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Partial 90-Day Finding on a Petition to List 475 Species in the Southwestern United States as Threatened or Endangered With Critical Habitat; Proposed Rule

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DEPARTMENT OF THE INTERIOR ES-2008-0131; Division of Policy and scientific or commercial information Directives Management; U.S. Fish and you include. Fish and Wildlife Service Wildlife Service; 4401 N. Fairfax Drive, If, after the status review, we Suite 222; Arlington, VA 22203. determine that listing any of the 67 50 CFR Part 17 We will post all information received species is warranted, we will propose [Docket No. FWS–R2–ES–2008–0130] on http://www.regulations.gov. This critical habitat (see definition in section [92210–1111–0000–B2] generally means that we will post any 3(5)(A) of the Act) to the maximum personal information you provide us extent prudent and determinable at the Endangered and Threatened Wildlife (see the Request for Information section time we propose to list the species. and Plants; Partial 90-Day Finding on below for more information). Therefore, within the geographical range a Petition to List 475 Species in the FOR FURTHER INFORMATION CONTACT: currently occupied by each of these 67 Southwestern United States as Nancy Gloman, Assistant Regional species, we request data and Threatened or Endangered with Critical Director, Southwest Regional Ecological information on: (1) what may constitute ‘‘physical or Habitat Services Office, 500 Gold Avenue SW, biological features essential to the Albuquerque, NM 87102; telephone AGENCY: Fish and Wildlife Service, conservation of the species’’; Interior. 505/248-6920; facsimile 505/248-6788. (2) where these features are currently If you use a telecommunications device ACTION: Notice of 90–day petition found; and finding. for the deaf (TDD), please call the (3) whether any of these features may Federal Information Relay Service require special management SUMMARY: We, the U.S. Fish and (FIRS) at 800-877-8339. considerations or protection. Wildlife Service (Service), announce a SUPPLEMENTARY INFORMATION: In addition, we request data and 90–day finding on 192 species from a Request for Information information on ‘‘specific areas outside petition to list 475 species in the the geographical area occupied by the southwestern United States as When we make a finding that a species’’ that are ‘‘essential to the threatened or endangered under the petition presents substantial conservation of the species.’’ Please Endangered Species Act of 1973, as information indicating that listing a provide specific comments and amended (Act). For 125 of the 192 species may be warranted, we are information as to what, if any, critical species, we find that the petition did not required to promptly review the status habitat you think we should propose for present substantial information of the species (status review). For the designation if the species is proposed indicating that listing may be warranted. status review to be complete and based for listing, and why such habitat meets Based on our review, we find that the on the best available scientific and the requirements of section 3(5)(A) and petition presents substantial scientific commercial information, we request section 4(b) of the Act. or commercial information indicating information on each of the 67 species Submissions merely stating support that listing may be warranted for 67 of from governmental agencies, Native for or opposition to the action under the 192 species. Therefore, with the American Tribes, the scientific consideration without providing publication of this notice, we are community, industry, and any other supporting information, although noted, initiating a status review of the 67 interested parties. For each of the 67 will not be considered in making a species to determine if listing is species, we seek information on: determination. Section 4(b)(1)(A) of the warranted. To ensure that the status (1) The species’ biology, range, and Act of 1973, as amended (Act) (16 review is comprehensive, we are population trends, including: U.S.C. 1533 (b)(1)(A)) directs that requesting scientific and commercial (a) Habitat requirements for feeding, determinations as to whether any data and other information regarding breeding, and sheltering; species is an endangered or threatened these 67 species. Based on the status (b) Genetics and taxonomy; species must be made ‘‘solely on the review, we will issue a 12–month (c) Historical and current range basis of the best scientific and finding on the petition, which will including distribution patterns; commercial data available.’’ address whether the petitioned action is (d) Historical and current population You may submit your information warranted, as provided in the Act. levels, and current and projected trends; concerning this status review by one of DATES: To allow us adequate time to and the methods listed in the ADDRESSES conduct a status review, we request that (e) Past and ongoing conservation section. If you submit information via we receive information on or before measures for the species or its habitat. http://www.regulations.gov, your entire February 16, 2010. After this date, you (2) The five factors that are the basis submission—including any personal must submit information directly to the for making a listing determination for a identifying information—will be posted Southwest Regional Ecological Services species under section 4(a) of the Act (16 on the website. If you submit a Office (see FOR FURTHER INFORMATION U.S.C. 1531 et seq.), which are: hardcopy that includes personal CONTACT section below). Please note that (a) The present or threatened identifying information, you may we may not be able to address or destruction, modification, or request at the top of your document that incorporate information that we receive curtailment of its habitat or range; we withhold this information from after the above requested date. (b) Overutilization for commercial, public review. However, we cannot ADDRESSES: You may submit recreational, scientific, or educational guarantee that we will be able to do so. information by one of the following purposes; We will post all hardcopy submissions methods: (c) Disease or predation; on http://www.regulations.gov. • Federal rulemaking Portal: http:// (d) The inadequacy of existing Information and supporting www.regulations.gov. Search for Docket regulatory mechanisms; or documentation that we received and no. FWS-R2-ES-2008-0130 and then (e) Other natural or manmade factors used in preparing this finding will be follow the instructions for submitting affecting its continued existence. available for you to review at http:// comments. Please include sufficient information www.regulations.gov, or you may make • U.S. Mail or hand delivery: Public with your submission (such as full an appointment during normal business Comments Processing, Attn: FWS-R6- references) to allow us to verify any hours at the U.S. Fish and Wildlife

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Service, Southwest Regional Ecological threatened or endangered, and that we m. eremus to a full species, C. eremus. Services Office (see FOR FURTHER designate critical habitat concurrently The species is listed as endangered INFORMATION CONTACT). with the listing. The petition clearly throughout its range, so we did not identified itself as a petition and consider it as part of this petition. Background included the information required in 50 Ramsey Canyon leopard frog (Rana Section 4(b)(3)(A) of the Act requires CFR 424.14(a). We acknowledged subaquavocalis) is no longer recognized that we make a finding on whether a receipt of the petition in a letter dated as a distinct species (Crother 2008, p. 7). petition to list, delist, or reclassify a November 26, 2008. Pediomelum Rather, it is considered to be species presents substantial scientific or pentaphyllum was also included in the synonymous with the Chiricahua commercial information indicating that June 18, 2007, petition. This finding leopard frog (Lithobates [=Rana] a petitioned action may be warranted. will evaluate information in both chiricahuensis). The Chiricahua leopard We are to base this finding on petitions concerning P. pentaphyllum. frog is listed as threatened throughout information provided in the petition, On March 19, 2008, WildEarth its range, and any populations formerly supporting information submitted with Guardians filed a complaint indicating known as Ramsey Canyon leopard frog the petition, and information otherwise that the Service failed to comply with are thus now listed as threatened. readily available in our files. To the its mandatory duty to make a On December 13, 2007, we made a maximum extent practicable, we are to preliminary 90–day finding on the June 12–month finding that the Jollyville make this finding within 90 days of our 18, 2007, petition to list 475 southwest Plateau salamander (Eurycea tonkawae) receipt of the petition and publish our species. We subsequently published an warrants listing, but that listing is notice of this finding promptly in the initial 90–day finding for 270 of the 475 precluded by higher listing priorities (72 Federal Register. petitioned species on January 6, 2009, FR 71040), thus rendering the species to Our standard for substantial concluding that the petition did not candidate status. Similarly, on information within the Code of Federal present substantial information that December 6, 2007, we published our Regulations (CFR) with regard to a 90– listing of those species may be annual review of native species that are day petition finding is ‘‘that amount of warranted (74 FR 419). On March 13, candidates for listing as endangered or information that would lead a 2009, the Service and WildEarth threatened (72 FR 69034), in which we reasonable person to believe that the Guardians filed a stipulated settlement made the San Bernardino springsnail measure proposed in the petition may agreement, agreeing that the Service (Pyrgulopsis bernardina) a candidate be warranted (50 CFR 424.14(b)).’’ If we would submit to the Federal Register a species. Finally, on December 10, 2008, find that substantial scientific or finding as to whether WildEarth we made Sphaeralcea gierischii commercial information was presented, Guardians’ petition presents substantial (Gierisch mallow) a candidate species in we are required to promptly commence information indicating that the the annual review of candidate species a status review of the species, which is petitioned action may be warranted for (73 FR 75175). Because these five subsequently summarized in our 12– the remaining southwestern species by entities—Quitobaquito pupfish, Ramsey month finding. December 9, 2009. This finding, together Canyon leopard frog, Jollyville Plateau salamander, San Bernardino springsnail, Petition History with the 90–day finding on petitions to list nine Texas mussels (completed and Sphaeralcea gierischii—are On June 25, 2007, we received a separately, and submitted to the Federal currently listed or are candidates for formal petition dated June 18, 2007, Register also on December 9, 2009), listing, and we were petitioned to list from Forest Guardians (now WildEarth meets that portion of the settlement. species that are not listed or candidates, Guardians), requesting that we, the U.S. The 2007 petition included a list of they were not evaluated as part of this Fish and Wildlife Service (Service), do 475 species. One species, Salina mucket petition. the following (1) Consider all full (Potamilus metnecktayi), is also known Agave arizonica (Arizona agave) was species in our Southwest Region ranked by the scientific name Disconaias recently delisted (71 FR 35195; June 19, as G1 or G1G2 by the organization salinasensis; we were petitioned to list 2006) because it was determined to be NatureServe, except those that are the species under both scientific names. a product of hybridization and therefore currently listed, as proposed for listing, The species files in NatureServe for not a listable entity. No new information or candidates for listing; and (2) list these two names are identical. For the was presented in the petition for A. each species under the Act as either remainder of our review we used the arizonica beyond that reviewed in the endangered or threatened with critical name P. metnecktayi; therefore, we June 19, 2006, delisting rule (71 FR habitat. The petitioner incorporated all reviewed only 474 actual species files. 35195), thus A. arizonica was not analyses, references, and documentation Because the petition requested that evaluated as part of the petition. After provided by NatureServe in its online we consider all species from the list that eliminating review of Quitobaquito database at http://www.natureserve.org/ were not currently listed, proposed for pupfish, Ramsey Canyon leopard frog, into the petition. The petition clearly listing, or candidates for listing, an Jollyville Plateau salamander, San identified itself as a petition and additional 5 of the 474 petitioned Bernardino springsnail, Sphaeralcea included the appropriate identification species were not included in the review gierischii, and A. arizonica, there were information, as required in 50 CFR because these species are either 468 species files to continue with our 424.14(a). We sent a letter to the currently listed or are candidates for review in the NatureServe database. petitioner dated July 11, 2007, listing. Quitobaquito pupfish A total of 277 of the petitioned acknowledging receipt of the petition (Cyprinodon eremus) is currently listed species were or will be addressed in and stating that the petition was under as endangered under the name desert other findings. As discussed above, 270 review by staff in our Southwest pupfish (Cyprinodon macularius species were addressed in our January 6, Regional Office. eremus). In Arizona, this family was 2009, finding (74 FR 419). Three We received an additional petition on historically represented by two additional species—Camissoria exilis October 15, 2008, from WildEarth recognized subspecies, C. m. macularius (Cottonwood Spring suncup), Guardians, dated October 9, 2008, and C. m. eremus, and an undescribed Cryptantha semiglabra (Pipe Springs requesting that we list Pediomelum species, the Monkey Spring pupfish. crypantha), and Lesquerella navajoensis pentaphyllum (Chihuahua scurfpea) as Minckley et al. (2002, p. 701) raised C. (Navajo bladderpod)—were addressed

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in a separate 90–day finding on a imperiled) or G1G2 (between critically provided for other species in this petition to list 206 species in the imperiled and imperiled). category was similar in nature, or was Midwest and western United States We followed regulations at 50 CFR largely taxonomic with little location (August 18, 2009; 74 FR 41649). Four 424.14(b) in evaluating the information information. additional species which were not presented in the petition. 50 CFR Occasionally, generic information was addressed in an earlier finding and are 424.14(b)(1) provides that the Service presented in the NatureServe species not included in this finding—golden orb must consider whether the petition has files for species we placed in Category (Quadrula aurea), Texas fatmucket presented substantial information A, such as for the class or family the (Lampsilis bracteata), Texas heelsplitter indicating to a reasonable person that species belongs to, but not specific (Potamilus amphichaenus), and Salina the petitioned action may be warranted. information on the individual species. mucket (Potamilus metnecktayi)—will 50 CFR 424.14(b)(2) requires that the The references were taxonomic in be addressed in one or more additional petition provide a narrative justification nature or simply checklists (lists of 90–day findings in the future. Although describing past and present numbers species, for example Common and we are not making a finding on the and distribution, and any threats faced Scientific Names of Fishes from the remaining four species at this time, the by the species. The petition is also United States and Canada (Robins et al. lack of inclusion of those species in this required to provide appropriate 1991)) or taxonomic keys (which finding does not imply that we are supporting documentation—references, provide anatomical characteristics for making or will make a positive finding publications, reports, or letters from identification of species) and did not on any or all of the remaining species. authorities, and maps. address threats to the species. An Finally, based on a review of our We reviewed all references cited in example that illustrates the type of January 6, 2009, 90–day finding (74 FR the NatureServe database species files generic information that was presented that were available to us. For some 419), we are re-evaluating the for such species in Category A is species in NatureServe, there is a ‘‘Local information presented in the petition Guadalupe woodlandsnail (Ashmunella Programs’’ link to the websites of the and readily available in our files carlsbadensis). The NatureServe file for State programs that contribute regarding Donrichardsia macroneuron this species states the name of the information to NatureServe. Where in this finding. Thus, this finding species and lists two references. The information was available from these addresses 192 of the 475 petitioned first is an annotated checklist of New State programs specific to the species in southwest species. Mexico land snails (Metcalf and Smartt question, we accepted the assertions 1988). The second is a checklist of Species Information and opinions of the State programs for names of aquatic invertebrates from the the purposes of this 90–day finding, United States and Canada (Turgeon et The petitioners presented two tables because these programs have primary al. 1998). The file contains no other that collectively listed the 475 species management responsibility for non- information specific to the Guadalupe for consideration and requested that the federally listed species. These State woodlandsnail. The file does describe Service incorporate all analyses, programs’ websites were accessed after the basic biology of terrestrial snails references, and documentation provided 2007 when we downloaded the species (pulmonates) in general stating by NatureServe in its online database files from NatureServe. We also ‘‘terrestrial gastropods do not move into the petition. The information reviewed information in references cited much usually only to find food or presented by NatureServe (http:// in NatureServe that were available on reproduce’’ and ‘‘as a whole, www.natureserve.org/explorer/) is the Internet and in local libraries, and pulmonates (previously Subclass considered to be a reputable source of other information readily available in Pulmonata) are better dispersers than information on taxonomy and our files directly relevant to the prosobranchs (previously Subclass distribution. However, NatureServe information raised in the petition. Prosobranchia) possibly due to their indicates on its website that information Following review of the available hermaphroditic reproduction increasing in the database is not intended for information, we separated the 192 the chance of new colonization.’’ determining whether species are remaining species reviewed in this Identical language was used in other warranted for listing under the Act, and finding into categories based on the NatureServe files for terrestrial snail we found that the information presented level of information found. The first species, and no specific information was was limited in its usefulness for this category, titled Category A in Table 1, provided about the species or threats to process. The threat information has only minimal information about the species or its habitat. presented by NatureServe in many cases each species, and in some cases no more The information we reviewed for the is minimal. NatureServe was limited in information than the name of the species in Category B contained basic usefulness when the information species. Category A contains 45 species. information on the range of the species presented did not identify one or more An example of a species in this category based on some level of survey effort. threats, did not link the threats to the that had minimal information is a Habitat type was frequently mentioned species or the habitats occupied by the caddisfly with no common name, as well as other aspects of the species’ species, or did not reasonably indicate Hydroptila protera. The NatureServe file biology, such as food habitats. how the threats may impact the species’ for this species names the species and Population size or abundance, if status. states that it occurs in undetermined addressed, was rarely quantified, and We accessed the NatureServe database sites in Oklahoma and Texas. The file NatureServe (2007) instead used on July 5, 2007. We saved electronic and provides two references. The first, descriptors such as large, small, or hard-copies of each species file and Blickle (1979), contains no information numerous. The available information we used this information, including on threats to the species, but provides reviewed did not address specific references cited within these files, illustrations of various species within threats to the species. Category B during our review. Therefore, all the same genus and in others. The contains 29 species. information we used from the species second, Clemson University Department An example of the type of information files in NatureServe was current to that of Entomology (2002), provides only we found for species in Category B is date. All of the petitioned species were taxonomic information for the species. illustrated by Opuntia aureispina ranked by NatureServe as G1 (critically The magnitude and type of information (golden-spined prickly-pear). The

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NatureServe file for O. aureispina (Kartesz 1994). Neither article addresses limestone rocks in shrublands in low provides two references. The first threats to O. aureispina. The elevations near the Rio Grande. The describes the physical characteristics of NatureServe file for this species states NatureServe file for this species does cacti of Big Bend National Park (Heil that the species is known from one not address threats or the global and Brack 1988). The second is a small area of Big Bend National Park in protection status for this species. This checklist of the vascular flora of the Brewster County, Texas, and that it information is typical for the species in United States, Canada, and Greenland inhabits limestone slabs and fractured Category B.

TABLE 1. SPECIES FOR WHICH THREAT INFORMATION WAS NOT PROVIDED IN THE PETITION OR READILY AVAILABLE IN OUR FILES.

Category Scientific Name Common Name Range Group

A Ashmunella carlsbadensis Guadelupe Woodlandsnail NM, TX Snail

A Holospira yucatanensis Bartsch Holospira TX Snail

A Humboldtiana edithae Boulder Slide Threeband TX Snail

A Pseudosubulina cheatumi Chisos Foxsnail TX Snail

A Marstonia comalensis Comal Siltsnail TX Snail

A Radiocentrum ferrissi Fringed Mountainsnail NM Snail

A Euglandina texasiana Glossy Wolfsnail TX Snail

A Holospira hamiltoni Hamilton Holospira TX Snail

A Daedalochila hippocrepis Horseshoe Liptooth TX Snail

A Holospira oritis Mountain Holospira TX Snail

A Holospira pityis Pinecone Holospira TX Snail

A Holospira riograndensis Rio Grande Holospira TX Snail

A Holospira pasonis Robust Holospira TX Snail

A Helicodiscus nummus Wax Coil AR, OK, TX Snail

A Holospira mesolia Widemouth Holospira TX Snail

A Microdynerus arenicolus Antioch Potter Wasp AZ,CA,NV Insect

A Hydroptila protera Caddisfly OK, TX Insect

A Ptomaphagus cocytus Cave Obligate Beetle AZ Insect

A Oncopodura prietoi Cave Obligate Springtail NM Insect

A Pseudosinella vita Cave Obligate Springtail NM Insect

A Tomocerus grahami Cave Obligate Springtail NM Insect

A Afilia sp. 1 Notodontid Moth TX Insect

A Hydroptila ouachita Purse Casemaker Caddisfly LA, TX Insect

A Melanoplus sp. 9 Grasshopper TX Insect

A Melanoplus sp. 22 Grasshopper TX Insect

A Melanoplus sp. 26 Grasshopper TX Insect

A Melanoplus sp. 36 Grasshopper TX Insect

A Melanoplus sp. 48 Grasshopper NM Insect

A Melanoplus sp. 52 Grasshopper AZ Insect

A Melanoplus sp. 62 Grasshopper TX Insect

A Ceuthothrombium cavaticum Cave Obligate Mite NM Arachnid

A Albiorix anophthalmus Cave Obligate Pseudoscorpion AZ Arachnid

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TABLE 1. SPECIES FOR WHICH THREAT INFORMATION WAS NOT PROVIDED IN THE PETITION OR READILY AVAILABLE IN OUR FILES.—Continued

Category Scientific Name Common Name Range Group

A Aphrastochthonius pachysetus Cave Obligate Pseudoscorpion NM Arachnid

A Chitrellina chiricahuae Cave Obligate Pseudoscorpion AZ Arachnid

A Neoleptoneta anopica Cave Obligate Spider TX Arachnid

A Procambarus texanus Bastrop Crayfish TX Crustacean

A Holsingerius samacos Cave Obligate Amphipod TX Crustacean

A Texiweckelia relicta Cave Obligate Amphipod TX Crustacean

A Palaemonetes holthuisi Cave Obligate Decapod TX Crustacean

A Amergoniscus centralis Cave Obligate Isopod OK Crustacean

A Amergoniscus gipsocolus Cave Obligate Isopod TX Crustacean

A Sphaeromicola moria Cave Obligate Shrimp TX Crustacean

A Fryxellia pygmaea Fryxell’s Pygmy Mallow TX Flowering Plant

A Quercus acerifolia Mapleleaf Oak AR, OK Flowering Plant

A Xanthoparmelia planilobata Lichen (no common name) NM Lichen

B Eurycea sp. 6 Pedernales River Springs Salamander TX Amphibian

B Sonorella papagorum Black Mountain Talussnail AZ, NM Snail

B Sonorella christenseni Clark Peak Talussnail AZ, NM Snail

B Sonorella huecoensis Hueco Mountains Talus Snail TX Snail

B Sonorella sp. 1 Terrestrial Snail NM Snail

B Limnephilus adapus Caddisfly TX Insect

B Comaldessus stygius Comal Springs Diving Beetle TX Insect

B Protoptila arca San Marcos Saddle-case Caddisfly TX Insect

B Sphinx smithi Sphinx Moth (no common name) AZ, Mexico Insect

B Stygobromus limbus Border Cave Amphipod TX Crustacean

B Procambarus brazoriensis Brazoria Crayfish TX Crustacean

B Paramexiweckelia ruffoi Ruffo’s Cave Amphipod TX Crustacean

B Adenophyllum wrightii Wright’s Dogweed AZ, NM Flowering Plant

B Berberis harrisoniana Kofka Barberry AZ, CA Flowering Plant

B Carex mckittrickensis Guadalupe Mountain Sedge TX Flowering Plant

B Cooperia smallii Small’s Rainlily TX Flowering Plant

B Hedyotis pooleana Jackie’s Bluet TX Flowering Plant

B Echeandia texensis Craglily (no common name) TX Flowering Plant

B Opuntia aureispina Golden-spined Prickly-pear TX Flowering Plant

B Opuntia densispina Big Bend Prickly-pear TX Flowering Plant

B Perityle cochisensis Cochise Rockdaisy AZ Flowering Plant

B Quercus boytonii Boynton’s Sand Post Oak AL, TX Flowering Plant

B Quercus tardifolia Chisos Mountains Oak TX Flowering Plant

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TABLE 1. SPECIES FOR WHICH THREAT INFORMATION WAS NOT PROVIDED IN THE PETITION OR READILY AVAILABLE IN OUR FILES.—Continued

Category Scientific Name Common Name Range Group

B Quercus robusta Robust Oak TX Flowering Plant

B Selinocarpus maloneanus Malone Mountains Moonpod TX Flowering Plant

B Senna ripleyana Ripley’s Senna TX Flowering Plant

B Solanum leptosepalum Tigna Potato TX Flowering Plant

B Stellaria porsildii Porsild’s Starwort AZ, NM Flowering Plant

B Yucca necopina Brazos River Yucca TX Flowering Plant

The information we reviewed for the threats. Each of these species, which are discussed more thoroughly in the ‘‘Five- remaining 118 species included some listed in Tables 2 and 3 below, is Factor Evaluation’’ section below. discussion of one or more potential

TABLE 2. SPECIES FOR WHICH THREAT INFORMATION WAS PRESENTED, BUT FOR WHICH THE INFORMATION PRESENTED IN THE PETITION AND OTHERWISE READILY AVAILABLE WAS NOT SUBSTANTIAL.

Scientific Name Common Name Range Group

Geomys streckeri Strecker’s Pocket Gopher TX Mammal

Ashmunella mearnsii Big Hatchet Woodlandsnail NM Snail

Pyrgulopsis simplex Fossil Springsnail AZ Snail

Ashmunella hebardi Hacheta Grande Woodlandsnail NM Snail

Sonorella pedregosensis Leslie Canyon Talussnail AZ Snail

Pyrgulopsis davisi Limpia Creek Springsnail TX Snail

Pyrgulopsis montezumensis Montezuma Well Springsnail AZ Snail

Pyrgulopsis metcalfi Naegele Springsnail TX Snail

Ashmunella kochi San Andreas Woodlandsnail NM Snail

Adhemarius blanchardorum Blanchard’s Sphinx Moth TX Insect

Phylocentropus harrisi Caddisfly (no common name) AL, FL, TX Insect

Apodemia chisosensis Chisos Metalmark TX Insect

Stallingsia maculosus Manfreda Giant-skipper TX, Mexico Insect

Lachlania dencyannae Mayfly (no common name) NM Insect

Euhyparpax rosea Notodontid Moth (no common name) CO, NM Insect

Ursia sp. 1 Notodontid Moth (no common name) TX Insect

Cylloepus parkeri Parker’s Cylloepus Riffle Beetle AZ Insect

Automeris patagoniensis Patagonia Eyed Silkmoth AZ Insect

Sphingicampa raspa Royal Moth (no common name) AZ, TX Insect

Sphinx eremitoides Sage Sphinx CO, KA, NM, TX Insect

Thymoites minero Cave Obligate Spider (no common name) AZ Arachnid

Procambarus nigrocinctus Blackbelted Crayfish TX Crustacean

Procambarus nechesae Neches Crayfish TX Crustacean

Streptocephalus moorei Spinythumb Fairy Shrimp NM, Mexico Crustacean

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TABLE 2. SPECIES FOR WHICH THREAT INFORMATION WAS PRESENTED, BUT FOR WHICH THE INFORMATION PRESENTED IN THE PETITION AND OTHERWISE READILY AVAILABLE WAS NOT SUBSTANTIAL.—Continued

Scientific Name Common Name Range Group

Arenaria livermorensis Livermore Sandwort TX Flowering Plant

Argemone arizonica Arizona Prickle-poppy AZ Flowering Plant

Batesimalva violacea Purple Gay-mallow TX, Mexico Flowering Plant

Bonamia ovalifolia Bigpod Bonamia TX, Mexico Flowering Plant

Bouteloua kayi Kay Gramma TX Flowering Plant

Cryptantha ganderi Gander’s Cryptantha AZ, CA, Mexico Flowering Plant

Dalea bartonii Cox’s Dalea TX Flowering Plant

Dalea tentaculoides Gentry’s Indigobush AZ Flowering Plant

Eleocharis cylindrica Cylinder Spikerush NM, TX Flowering Plant

Erigeron acomanus Acoma Fleabane NM Flowering Plant

Erigeron bistiensis Bisti Fleabane NM Flowering Plant

Escobaria guadalupensis Guadalupe Pincushion Cactus NM, TX Flowering Plant

Euphorbia aaron-rossii Marble Canyon Spurge AZ Flowering Plant

Glossopetalon texense Texas Grease Bush TX Flowering Plant

Kallstroemia perennans Perennial Caltrop TX Flowering Plant

Pediomelum humile Rydberg’s Scurfpea TX, Mexico Flowering Plant

Perityle huecoensis Hueco Mountains Rockdaisy TX, Mexico Flowering Plant

Perityle saxicola Fish Creek Rock Daisy AZ Flowering Plant

Perityle warnockii River Rockdaisy TX Flowering Plant

Quercus graciliformis Slender Oak TX, Mexico Flowering Plant

Rhododon angulatus Lonestar Sand-mint TX Flowering Plant

Sophora gypsophila Gypsum Necklace NM, TX Flowering Plant

Valerianella nuttallii Nuttall’s Corn-salad AR, OK Flowering Plant

Grimmia americana Moss (no common name) AZ, NV, TX Fern Ally

Riccia californica Moss (no common name) CA, OR, TX Fern Ally

Acarospora clauzadeana Lichen (no common name) NM, Mexico, Spain Lichen

Omphalora arizonica Lichen (no common name) AZ, CO, NM Lichen

TABLE 3. SPECIES FOR WHICH INFORMATION IN THE PETITION AND OTHERWISE READILY AVAILABLE IS SUBSTANTIAL AND INDICATES THAT LISTING AS THREATENED OR ENDANGERED MAY BE WARRANTED.

Scientific name Common Name Range Group

Aspidoscelis arizonae Arizona Striped Whiptail AZ Reptile

Notophthalmus meridionalis Black-spotted Newt TX, Mexico Amphibian

Eurycea robusta Blanco Blind Salamander TX Amphibian

Eurycea tridentifera Comal Blind Salamander TX Amphibian

Eurycea sp. 8 Comal Springs Salamander TX Amphibian

Eurycea neotenes Texas Salamander TX Amphibian

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TABLE 3. SPECIES FOR WHICH INFORMATION IN THE PETITION AND OTHERWISE READILY AVAILABLE IS SUBSTANTIAL AND INDICATES THAT LISTING AS THREATENED OR ENDANGERED MAY BE WARRANTED.—Continued

Scientific name Common Name Range Group

Macrhybopsis tetranema Arkansas River Speckled Chub CO, KA, NM, OK, TX Fish

Ictalurus sp. 1 Chihuahua Catfish TX Fish

Cyprinella sp. 2 Nueces Shiner TX Fish

Cyprinodon pecosensis Pecos pupfish NM, TX Fish

Cyprinella lepida Plateau Shiner TX Fish

Gambusia clarkhubbsi San Felipe Gambusia TX Fish

Trogloglanis pattersoni Toothless Blindcat TX Fish

Cyprinodon tularosa White Sands Pupfish NM Fish

Satan eurystomus Widemouth Blindcat TX Fish

Pleurobema riddellii Louisiana Pigtoe LA, TX Clam

Pisidium sanguinichristi Sangre de Cristo Peaclam NM Clam

Toxolasma corvunculus Southern Purple Lilliput AL, FL, GA, OK Clam

Fusconaia lananensis Triangle Pigtoe TX Clam

Pyrgulopsis arizonae Bylas Springsnail AZ Snail

Ashmunella macromphala Cook’s Peak Woodlandsnail NM Snail

Sonorella todseni Dona Ana Talussnail NM Snail

Tryonia gilae Gila Tryonia AZ Snail

Pyrgulopsis bacchus Grand Wash Springsnail AZ Snail

Ashmunella levettei Huachuca Woodlandsnail AZ, NM Snail

Pyrgulopsis conica Kingman Springsnail AZ Snail

Phreatodrobia imitata Mimic Cavesnail TX Snail

Oreohelix pilsbryi Mineral Creek Mountainsnail NM Snail

Pyrgulopsis pecosensis Pecos Springsnail NM Snail

Sonorella grahamensis Pinaleno Talussnail AZ Snail

Tryonia quitobaquitae Quitobaquito Tryonia AZ Snail

Sonorella eremite San Xavier Talussnail AZ Snail

Maricopella allynsmithi Squaw Park Talussnail AZ Snail

Pyrgulopsis glandulosa Verde Rim Springsnail AZ Snail

Sonorella macrophallus Wet Canyon Talussnail AZ Snail

Cicindela theatina Colorado Tiger Beetle CO Insect

Haideoporus texanus Edwards Aquifer Diving Beetle TX Insect

Lycaena ferrisi Ferris’s Copper AZ Insect

Astylis sp. 1 Notodontid Moth (no common name) AZ Insect

Heterocampa sp. 1 nr. amanda Notodontid Moth (no common name) AZ Insect

Litodonta sp. 1 nr. alpina Notodontid Moth (no common name) AZ Insect

Ursia furtiva Notodontid Moth (no common name) TX Insect

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TABLE 3. SPECIES FOR WHICH INFORMATION IN THE PETITION AND OTHERWISE READILY AVAILABLE IS SUBSTANTIAL AND INDICATES THAT LISTING AS THREATENED OR ENDANGERED MAY BE WARRANTED.—Continued

Scientific name Common Name Range Group

Papaipema eryngii Rattlesnake-master Borer Moth AR, IL, IN, IA, KY, MO, NC, OK Insect

Sphingicampa blanchardi Royal Moth (no common name) TX, Mexico Insect

Argia sabino Sabino Dancer AZ Insect

Anacroneuria wipukupa Stonefly (no common name) AZ, Mexico Insect

Agapema galbina Tamaulipan Agapema AZ, TX, Mexico Insect

Archeolarca cavicola Grand Canyon Cave Scorpion AZ Arachnid

Cambarus subterraneus Delaware County Cave Crayfish OK Crustacean

Orconectes saxatilis Kiamichi Crayfish OK Crustacean

Cambarus tartarus Oklahoma Cave Crayfish OK Crustacean

Lirceolus smithii Texas Troglobitic Water Slater TX Crustacean

Agalinis navasotensis Navasota False Foxglove TX Flowering Plant

Amoreuxia gonzalezii Santa Rita Yellowshow AZ, Mexico Flowering Plant

Amsonia tharpii Tharp’s Blue-star NM, TX Flowering Plant

Asclepias prostrata Prostrate Milkweed TX, Mexico Flowering Plant

Astragalus hypoxylus Huachuca Milk-vetch AZ, Mexico Flowering Plant

Castilleja ornata Glowing Indian-paintbrush NM, Mexico Flowering Plant

Erigeron piscaticus Fish Creek Fleabane AZ Flowering Plant

Eriogonum mortonianum Morton’s Wild Buckwheat AZ Flowering Plant

Genistidium dumosum Brush-pea TX, Mexico Flowering Plant

Hexalectris revolute Chisos Coralroot AZ, TX, Mexico Flowering Plant

Lesquerella kaibabensis Kaibab Bladderpod AZ Flowering Plant

Paronychia congesta Bushy Whitlow-wort TX Flowering Plant

Pediomelum pentaphyllum Chihuahua Scurfpea AZ, NM, TX, Mexico Flowering Plant

Salvia pentstemonoides Big Red Sage TX Flowering Plant

Donrichardsonia macroneuron Moss (no common name) TX Fern Ally

Evaluation of Information for this the inadequacy of existing regulatory information readily available in our Finding mechanisms; or (E) other natural or files. manmade factors affecting its continued Section 4 of the Act (16 U.S.C. 1533) Species Placed in Categories A and B existence. and its implementing regulations at 50 for Which Substantial Information Was CFR 424 set forth the procedures for In making this 90–day finding, we Not Presented adding a species to, or removing a evaluated whether information species from, the Federal Lists of regarding threats to each of the 192 Factor A, The present or threatened Endangered and Threatened Wildlife species, as presented in the petition and destruction, modification, or and Plants. A species may be other information in our files, is curtailment of a species’ habitat or determined to be an endangered or substantial, thereby indicating that the range: For each of the species we placed threatened species due to one or more petitioned action may be warranted. Our in Categories A and B (Table 1 above), of the five factors described in section evaluation is presented below. For each no information was presented on threats 4(a)(1) of the Act: (A) the present or species, we fully evaluated all specific to the species or their habitats; threatened destruction, modification, or therefore, we find the petition, information available to us through the curtailment of its habitat or range; (B) including all available references and NatureServe website, information cited overutilization for commercial, the NatureServe species files, does not recreational, scientific, or educational in NatureServe available on the Internet present substantial information that the purposes; (C) disease or predation; (D) or in local libraries, and other present or threatened destruction,

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modification, or curtailment of habitat Species for Which Threat Information past. No information was provided on or range is a threat to any of the 74 Was Presented, But For Which whether the burn occurred, or how the species in Categories A and B (Table 1). Substantial Information Was Not species may have responded to it. We Factor B, Overutilization of species Presented have determined that this information does not meet the substantial for commercial, recreational, scientific, Mammals information standard. or educational purposes: For each of the Strecker’s Pocket Gopher (Geomys Factors B, C, and D: No information species we placed in Categories A and streckeri) was presented in the petition B (Table 1, above), no information was Strecker’s pocket gopher is known concerning threats to this species from presented on threats to the species or these factors. their habitats; therefore we find the from two localities in Dimmit and Zavala Counties, Texas (NatureServe Factor E: The Big Hatchet petition, including all available woodlandsnail and Hacheta Grande 2007). No further information regarding references and the NatureServe species woodlandsnail (Ashmunella hebardi) the historical or current distribution or co-occur and hybridize in a narrow and files, does not present substantial status of the species was presented. information that overutilization for Factors A, B, C, and D: No abrupt zone of contact of approximately commercial, recreational, scientific, or information was presented in the 0.259 square kilometers (km) (0.1 square educational purposes is a threat to any petition concerning threats to this miles (mi)) in southwestern Chaney of the 74 species in Categories A and B species from these factors. Canyon (Lang 2005). However, the area (Table 1). Factor E: NatureServe (2007) where hybrids occur is small relative to identifies rarity as a threat to Strecker’s the size of the area occupied by the Big Factor C, Disease or predation: For Hatchet woodlandsnail (Lang 2005). No those species we placed in Categories A pocket gopher. In the absence of information identifying other threats to information was presented indicating and B (Table 1, above), no information that this narrow zone of hybridization is was presented on threats specific to the the species and linking those to the rarity of the species, we do not consider resulting in impacts to the species. We species or their habitats; therefore we have determined that this information find the petition, including all available rarity to be a threat. Based on our evaluation of the does not meet the substantial references and the NatureServe species information provided in the petition, we information standard. files, does not present substantial have determined that the petition does Based on our evaluation of the information provided in the petition, we information that disease or predation is not present substantial information to have determined that the petition does a threat to any of the 74 species in indicate that listing the Strecker’s not present substantial information to Categories A and B (Table 1). pocket gopher may be warranted. indicate that listing the Big Hatchet Factor D, Inadequacy of existing Snails woodlandsnail may be warranted. regulatory mechanisms: For those species we placed in Categories A and Big Hatchet Woodlandsnail Fossil Springsnail (Pyrgulopsis simplex) B (Table 1, above), no information was (Ashmunella mearnsii) The fossil springsnail is found at a presented on threats specific to the The Big Hatchet woodlandsnail is spring near Strawberry, Gila County, species or their habitats; therefore we known to occur on talus slopes (rock and Fossil Springs, Yavapai County, find the petition, including all available piles formed at the base of cliffs) in the Arizona (AGFD 2003) in the lower references and the NatureServe species mountains of eastern Hidalgo County in Verde River watershed (NatureServe files, does not present substantial southwestern New Mexico (Metcalf and 2007). Individuals of the species are information that the inadequacy of Smartt 1997). Recently, the species was typically found in the headsprings and existing regulatory mechanisms is a collected from isolated populations upper sections of the outflow. They are threat to any of the 74 species in within the range of the Big Hatchet gill breathers and, therefore, require Categories A and B (Table 1). Mountains at Zeller Peak, Mescal perennially flowing water (AGFD 2003). Canyon, Chaney Canyon (also called Springsnails in the genus Pyrgulopsis Factor E, Other natural or manmade Chainey Canyon), Big Hatchet Peak, and are generally found on rock or aquatic factors affecting species’ continued Thompson Canyon (Lang 2005). The plants in moderate current. The existence: For those species we placed species likely formerly occupied the occupied springs are on the Coconino in Categories A and B (Table 1, above), Little Hatchet Mountains and Howells and Tonto National Forests. The fossil no information was presented on threats Ridge to the northwest of the Big springsnail was formerly a candidate 2 specific to the species or their habitats; Hatchet Mountains as indicated by the species, a taxon for which information therefore we find the petition, including presence of fossils in those areas (Lang in our possession indicated that all available references and the 2005). proposing to list was possibly NatureServe species files, does not Factor A: A prescribed burn of 4,856 appropriate, but for which persuasive present substantial information that hectares (ha) (12,000 acres (ac)) was data on biological vulnerability and other natural or manmade factors planned for late spring to early summer threat were not available to support a affecting the species’ continued of 2005 to control woody plant proposed listing rule. This species has existence are threats to any of the 74 overgrowth in the north-central range of had no Federal Endangered Species Act species in Categories A and B (Table 1). the Big Hatchet Mountains. Such a fire status since the practice of maintaining Based on our evaluation of the could threaten the persistence of a list of candidate 2 species was isolated populations of the Big Hatchet information provided in the petition, we discontinued in 1996. woodlandsnail (Lang 2005). In addition, Factor A: According to AGFD (2003), have determined that the petition does since the species inhabits talus slopes, the fossil springsnail is threatened by not present substantial information to which are sparsely vegetated and water development activities and indicate that listing the 74 species in probably unlikely to have much fuel deterioration or disappearance of its Categories A and B may be warranted. load, it is likely that the species and its habitat; however, they also note that the habitat have withstood previous fossil springsnail has experienced no wildfires or prescribed burns in the apparent reduction in range or

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abundance as a result of activities in the forage and are not generally accessed by the geographic range of the species, we Fossil Creek watershed during the past livestock (NatureServe 2007). A do not consider restricted geographic two decades. Further, AGFD (2003) does prescribed burn of 4,856 ha (12,000 ac) range to be a threat. not describe the nature or cause of the was planned for late spring to early Based on our evaluation of the deterioration or disappearance of fossil summer of 2005 to control woody plant information provided in the petition, we springsnail habitats. We have overgrowth in that area of the Big have determined that the petition does determined that this information does Hatchet Mountains. Such a fire could not present substantial information to not meet the substantial information threaten the persistence of isolated indicate that listing the Hacheta Grande standard. populations of the Hacheta Grande woodlandsnail may be warranted. Factors B and C: No information was woodlandsnail (Lang 2005) or cause the Leslie Canyon Talussnail (Sonorella presented in the petition concerning extirpation of the species (NatureServe pedregosensis) threats to this species from these factors. 2007); however, no information was Factor D: According to AGFD (2003), provided on whether the burn occurred The Leslie Canyon talussnail is Fossil Springs was designated a or how the species may have responded known to occur in Leslie Canyon Botanical Area by the Coconino to it. In addition, since the species National Wildlife Refuge (a unit of the National Forest, an action designed to inhabits rock outcrops, which are San Bernardino National Wildlife provide increased protection and sparsely vegetated and probably Refuge complex), north of Douglas in restoration of the area. Public access to unlikely to have much fuel load, it is the Pedregosa Mountains, Cochise Fossil Springs is limited to foot travel; likely that the species and its habitat County, Arizona (Gilbertson and Radke however, the other spring in the have withstood previous wildfires or 2006). No further information regarding watershed containing the Fossil prescribed burns in the past. We do not the historical or current distribution or springsnail is provided no special consider the assertions by Lang (2005) status of the species was presented. protection. or NatureServe (2007) to meet the Factors A and B: No information was Factor E: No information was substantial information standard. presented in the petition concerning presented in the petition concerning NatureServe (2007) asserts that while threats to this species from these factors. threats to this species from this factor. range contraction due to climate change Factor C: According to NatureServe Based on our evaluation of the in the past ten thousand years has not (2007), at the time of initial collection information provided in the petition, we been documented for this species, it has of specimens of this species, Gilbertson have determined that the petition does been documented for many similar and Radke (2006) observed a desert box not present substantial information to species and may be a concern for the turtle (Terrapene ornate luteola) indicate that listing the fossil Hacheta Grande woodlandsnail. actively preying on snails in the refuge springsnail may be warranted. However, this is an assertion, and following an overnight rainstorm when Hacheta Grande Woodlandsnail NatureServe (2007) did not provide snails became most active. An (Ashmunella hebardi) references or discussion to support it, examination of the box turtle’s feces and there is no evidence of range found shell fragments of the snail; The Hacheta Grande woodlandsnail is contraction despite efforts of researchers however, there is no indication that this known from one population in Chaney to document it (Metcalf and Smartt level of predation may constitute a Canyon (also referred to as Chainey 1997; Lang 2005). We have determined species-level threat. We have Canyon) in the Big Hatchet Mountains, that this information does not meet the determined that this information does Hidalgo County, New Mexico substantial information standard. not meet the substantial information (NatureServe 2007). The species has Factors B, C, and D: No information standard. been collected from elevations of 1,935 was presented in the petition Factors D and E: No information was to 2,234 meters (m) (6350 to 7330 feet concerning threats to this species from presented in the petition concerning (ft)) on the south side of Chaney Canyon these factors. threats to this species from these factors. west of Big Hatchet Peak (Metcalf and Factor E: The Big Hatchet Based on our evaluation of the Smartt 1997; Lang 2005). Hacheta woodlandsnail and Hacheta Grande information provided in the petition, we Grande woodlandsnails most commonly woodlandsnail co-occur and hybridize have determined that the petition does occur at the base of limestone outcrops in a narrow and abrupt zone of contact not present substantial information to beneath large rock fragments and rock of approximately 0.259 square km (0.1 indicate that listing of the Leslie Canyon rubble piles where mold grows on leaf square mi) in southwestern Chaney talussnail may be warranted. litter mixed with soil (Lang 2005) in an Canyon (Lang 2005). However, the area Limpia Creek Springsnail (Pyrgulopsis area of tall pinyon pines (Metcalf and where hybrids occur is small relative to davisi) Smartt 1997). The historic range of the the size of the area occupied by the species is unknown; however, at all Hacheta Grande woodlandsnail (Lang The Limpia Creek springsnail is found sites sampled by Lang (2005) where the 2005), and there is no evidence the area in and on mud and rocks among patches species was found, live individuals or of hybridization has increased between of Nasturtium officinale (watercress) in shells of recently dead individuals were the time of the Metcalf and Smartt spring-fed rivulets within a tributary of found, suggesting that the historic and surveys (1997) and those of Lang (2005). Limpia Creek, Pecos River drainage, Jeff current range may be the same. No information was presented Davis County, Texas (NatureServe Factor A: According to NatureServe indicating that this narrow zone of 2007). The species is a gill breather and, (2007), Chaney Canyon is remote and hybridization is resulting in impacts to therefore, requires perennially flowing inaccessible, and does not appear to be the species. We have determined that water. Based on specimens collected in valuable as a recreational site. The area this information does not meet the 1914, there may be an additional has been explored for minerals, but the substantial information standard. locality; however, the location of the absence of mining in this mountain and NatureServe (2007) identifies restricted possible second site is uncertain those nearby suggests that mining is not geographic range as a potential threat to (NatureServe 2007). It is reported as a threat (NatureServe 2007). The the species. In the absence of additional abundant at the single known mountain is grazed by livestock, but the information identifying other threats to occurrence, but quantitative population snail inhabits rocky areas that lack the species and linking those threats to estimates are not provided (NatureServe

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2007). Since only one occurrence is reported to be common at the single indicate that listing the San Andreas known with certainty and the only known occurrence, but quantitative woodlandsnail may be warranted. known occurrence is small, occupying a population estimates are not provided Insects very restricted habitat, abundance may (NatureServe 2007). Since only one be considered very low relative to most occurrence is known with certainty and Blanchard’s Sphinx Moth (Adhemarius other organisms (NatureServe 2007). the only known occurrence is small, blanchardorum) Factor A: NatureServe (2007) occupying restricted habitat, abundance Blanchard’s sphinx moth is known to indicates probable threats include may be considered very low relative to occur in the Chisos Mountains in trampling and other degradation of the most other organisms (NatureServe Brewster County, Texas (NatureServe aquatic site by livestock, and the 2007). 2007). Almost all known specimens are potential for diversion or other flow Factor A: NatureServe (2007) from Panther Pass and adjacent Green alteration; however, no information is indicates probable threats include Gulch in Big Bend National Park. The presented indicating that these activities trampling and other degradation of the species’ range may extend south into the are occurring or are likely to occur in aquatic site by livestock, and the Sierra Madre Orientale of Mexico; the future in occupied habitats. We have potential for alteration of the sole however, no occurrences south of the determined that this information does aquatic site of occurrence; however, no U.S. border are documented not meet the substantial information information is presented indicating that (NatureServe 2007). No further standard. these activities are occurring or are information regarding the historical or Factor B, C, D, and E: No information likely to occur in the future in occupied current distribution or status of the was presented in the petition habitats. We have determined that this species was presented. concerning threats to this species from information does not meet the Factors A, B, C, and D: No these factors. substantial information standard. Based on our evaluation of the Factor B, C, D, and E: No information information was presented in the information provided in the petition, we was presented in the petition petition concerning threats to this have determined that the petition does concerning threats to this species from species from these factors. not present substantial information to these factors. Factor E: NatureServe (2007) indicate that listing the Limpia Creek Based on our evaluation of the identifies rarity as a threat to springsnail may be warranted. information provided in the petition, we Blanchard’s sphinx moth. In the absence have determined that the petition does of information identifying other threats Montezuma Well Springsnail not present substantial information to to the species and linking those threats (Pyrgulopsis montezumensis) indicate that listing the Naegele to the rarity of the species, we do not The Montezuma Well springsnail is springsnail may be warranted. consider rarity to be a threat. known to occur in Montezuma Well, a Based on our evaluation of the San Andreas Woodlandsnail unit of Montezuma Castle National information provided in the petition, we (Ashmunella kochii) Monument, in Yavapai County, Arizona have determined that the petition does (NatureServe 2007). No further The San Andreas woodlandsnail is not present substantial information to information regarding the historical or known to occur in the San Andres indicate that listing Blanchard’s sphinx current distribution or status of the Mountains, Dona Ana County, New moth may be warranted. species was presented. Mexico, and the Caballo Mountains to Caddisfly (no common name) Factors A, B, C, and D: No the west of the San Andres Mountains (Phylocentropus harrisi) information was presented in the in Sierra County (Metcalf and Smartt petition concerning threats to this 1997; Sullivan 1997). It primarily occurs NatureServe (2007) cites Morse et al. species from these factors. in rock seams in steep canyons and (1997) and personal communications Factor E: The Arizona Game and Fish cliffs associated with moderately moist with J. Morse in 2000 and 2004 in Department (AGFD 1998) identifies vegetation and abundant shade stating that the caddisfly is known to restricted geographic distribution as a (NatureServe 2007). occur in the Southern Appalachian threat to the Montezuma Well Factor A: According to Sullivan States and Texas. No further springsnail. In the absence of additional (1997), a road may be built to the peak information regarding the historical or information identifying other threats to of Quartzite Mountain in a portion of current distribution or status of the the species and linking one or more of the San Andres Mountains, which species was presented. those threats to the species, we do not would destroy some of the habitat of the Factor A: Morse et al. (1997) identify consider a restricted geographic range to species. No information was provided multiple historical and potential current be a threat. on whether the road has been threats to the mayflies, dragonflies, Based on our evaluation of the constructed or if it may be constructed damselflies, stoneflies, and caddisflies information provided in the petition, we at some point in the future. The portion of the southeastern United States have determined that the petition does of the species’ habitat that would be including agriculture, dams, not present substantial information to impacted by such a road appears small deforestation, acid precipitation, indicate that listing the Montezuma relative to the range of the species. We sedimentation, and residential Well springsnail may be warranted. have determined that this information development. However, the discussions does not meet the substantial in Morse et al. (1997) are general in Naegele Springsnail (Pyrgulopsis information standard. nature and do not identify which metcalfi) Factors B, C, D, and E: No information activities are currently impacting any The Naegele springsnail is found in was presented in the petition species in particular nor do they the outflows of Naegele Springs (Rio concerning threats to this species from identify which threats may be occurring Grande River basin), Presidio County, these factors. in which habitats. We have determined western Texas. Fossils from two Based on our evaluation of the that this information does not meet the localities in the Pecos River valley in information provided in the petition, we substantial information standard. New Mexico and Texas may also be have determined that the petition does Factors B, C, D, and E: No information Naegele springsnails (Taylor 1987). It is not present substantial information to was presented in the petition

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concerning threats to this species from standard, particularly in light of the (NatureServe 2007). AGFD (2005) these factors. wide dispersion of the counties where indicates that further study is needed to Based on our evaluation of the the species has been documented. determine the moth’s life history, information provided in the petition, we Factors B, C, D, and E: No information population status, and population range. have determined that the petition does was presented in the petition Factors A, B, C, and D: No not present substantial information to concerning threats to this species from information was presented in the indicate that listing the caddisfly may these factors. petition concerning threats to this be warranted. Based on our evaluation of the species from these factors. information provided in the petition, we Factor E: NatureServe (2007) Chisos Metalmark (Apodemia have determined that the petition does identifies its restricted range at each of chisosensis) not present substantial information to the three known sites as a threat to this The Chisos metalmark is a butterfly indicate that listing the Manfreda giant- notodontid moth. Restricted geographic known to occur in Texas (NatureServe skipper may be warranted. range may exacerbate the impacts to the 2007). No further information regarding species of potential threats through the historical or current distribution or Mayfly (no common name) (Lachlania chance events such as fire, invasion of status of the species was presented. dencyannae) exotic weeds, or inadvertent Factors A, B, C, and D: No This mayfly is confined to the Gila management actions (NatureServe information was presented in the River drainage system in New Mexico. 2007). However, in the absence of petition concerning threats to this According to NatureServe (2007), larvae information identifying chance events species from these factors. have been found clinging to woody or other threats to the species and Factor E: NatureServe (2007) debris and vegetation caught in the linking those threats to the restricted identifies rarity as a threat to the Chisos crevices of rocks near the East Fork of range of the species, or the potential for metalmark. In the absence of the Gila River at its junction with the such chance events to occur in the information identifying other threats to Gila River (McCafferty et al. 1997). occupied habitats, we do not consider the species and linking those threats to Factor A: According to NatureServe chance events or restricted geographic the rarity of the species, we do not (2007), the Gila River drainage, the only range to be threats to the species. This consider rarity to be a threat. known drainage inhabited by the is especially true in light of its apparent Based on our evaluation of the species, is subjected to on-going widely dispersed distribution, which information provided in the petition, we degradation, primarily associated with suggests that a chance event occurring have determined that the petition does grazing. However, NatureServe (2007) in one State is unlikely to be occurring not present substantial information to does not explain the type of grazing or in another State. indicate that listing Chisos metalmark its impact to the species or the portion Based on our evaluation of the may be warranted. of the Gila River occupied by the information provided in the petition, we Manfreda Giant-skipper (Stallingsia species where grazing threatens it. We have determined that the petition does maculosus) have determined that this information not present substantial information to does not meet the substantial indicate that listing the notodontid The Manfreda giant-skipper is a information standard. moth may be warranted. butterfly known to occur in San Factors B, C, and D: No information Notodontid Moth (no common name) Patricio, Bexar, and Kinney Counties, was presented in the petition (Ursia sp. 1) Texas, and possibly in Nuevo Leon, concerning threats to this species from Mexico (NatureServe 2007). these factors. This Notodontid moth is known to NatureServe (2007) states that the Factor E: NatureServe (2007) cites occur in Cameron and San Patricio species is currently declining, and McCafferty et al. (1997) indicating that Counties, along the coast of south Texas projects that the global long-term trend the species appears to be truly rare and (NatureServe 2007). of the species will be one of large to restricted to the Gila River drainage. In Factors A, B, C, and D: No substantial decline (50 percent to 90 the absence of additional information information was presented in the percent). identifying other threats to the species petition concerning threats to this Factor A: NatureServe (2007) and linking one or more of those threats species from these factors. identifies development as a threat to the to the species, we do not consider rarity Factor E: NatureServe (2007) Manfreda giant-skipper, and asserts that to be a threat. identifies its restricted geographic range some of the few known sites have been Based on our evaluation of the as a threat to this notodontid moth. destroyed. However, no specific information provided in the petition, we Restricted geographic range may information on where the development have determined that the petition does exacerbate the impacts to the species of may be threatening the species now or not present substantial information to potential threats through chance events in the future was provided. The three indicate that listing the Mayfly may be such as fire or inadvertent management counties where it has been documented warranted. actions (NatureServe 2007). However, in are not close to one another; therefore, the absence of information identifying we do not assume that if development Notodontid Moth (no common name) chance events or other threats to the is occurring at one occupied site, it also (Euhyparpax rosea) species and linking those threats to the occurs at other sites. NatureServe (2004) This notodontid moth is known to restricted range of the species, or the also notes that the species’ host plant occur in Custer County in south-central potential for such chance events to may be in competition with invasive Colorado, and several hundred miles occur in the occupied habitats, we do grasses such as Guinea grass (Panicum (several hundred kilometers) away, near not consider chance events or restricted maximum), but does not indicate Silver City, Grant County in geographic range to be threats to the whether P. maximum occurs within the southwestern New Mexico, and in species. Additionally, the two counties range of the Manfreda giant-skipper or Arizona (AGFD 2005; NatureServe where this species is known to occur are is likely to in the future. We have 2007). Described in the 1800s, the widely spaced from one another, with determined that this information does species has been found in one or two four counties between them; thus, it is not meet the substantial information locations in the last 40 or 50 years unlikely the same chance event would

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occur at both sites in the same several miles (several kilometers) apart grazed lands as a threat to the sage timeframe. and thus would not likely be impacted sphinx. However, NatureServe (2007) Based on our evaluation of the simultaneously by invasive weeds. We provides no information or discussion information provided in the petition, we have determined that this information to indicate that either of these activities have determined that the petition does does not meet the substantial is actually occurring or likely to occur not present substantial information to information standard. in occupied habitats. We have indicate that listing the Notodontid Factors B, C, D, and E: No information determined that this information does moth may be warranted. was presented in the petition not meet the substantial information concerning threats to this species from Parker’s Cylloepus Riffle Beetle standard. these factors. Factors B, C, D, and E: No information (Cylloepus parkeri) Based on our evaluation of the was presented in the petition The Parker’s cylloepus riffle beetle is information provided in the petition, we concerning threats to this species from known to occur in Roundtree Canyon in have determined that the petition does these factors. Bloody Basin within the Tonto National not present substantial information to Based on our evaluation of the Forest, Yavapai County, Arizona (AGFD indicate that listing the Patagonia eyed information provided in the petition, we 2003). Johnson (1992) states that it also silkmoth may be warranted. have determined that the petition does occurs in Tangle Creek, also located in not present substantial information to Royal Moth (no common name) Bloody Basin. The habitat is described indicate that listing the sage sphinx may (Sphingicampa raspa) as permanent, clean, slow-moving small be warranted. streams, with loose gravelly substrate This royal moth is known to occur in and very little sand. The species likely southeastern Arizona and Big Bend, Arachnids hides under rocks and may occur in Texas. On August 3, 2004, the species Cave Obligate Spider (no common spring brooks as well as creeks (AGFD was photographed in Copper Canyon, name) (Thymoites minero) Cochise County, Arizona, where 20 or 2003). This cave obligate spider can be found Factor A: According to AGFD (2003), more individuals were observed (AGFD in tangled webs built under stones, the riffle beetle requires water that is 2005; NatureServe 2007). No further against walls, and in cracks and crevices high in oxygen content. This factor information regarding the historical or in caves within Cochise County, greatly restricts the species’ distribution current distribution or status of the Arizona (AGFD 2005). AGFD (2005) and results in high sensitivity to species was presented. indicates that further study is needed to pollutants. AGFD (2003) indicates that Factor A: The AGFD (2005) and determine distribution and population activities such as mining, stream NatureServe (2007) identify the lack of size, as well as life history traits of the channelization, and heavy grazing targeted management of habitat and fire as threats to the royal moth and its spider. would deplete the oxygen content of its Factor A: AGFD (2005) identifies habitat. However, neither source habitat and almost certainly be development and vandalism as potential identifies the extent to which these detrimental to this beetle; however, they threats to cave invertebrates; however, management activities may be occurring do not indicate whether these activities no information specific to this cave- in the range of the species nor identifies are occurring or are likely to occur in obligate species or its habitat was the potential impacts of these activities habitats occupied by the species. presented. We have determined that this Factor B, C, D, and E: No information on the species. We have determined that information does not meet the was presented in the petition this information does not meet the substantial information standard. concerning threats to this species from substantial information standard. Factors B, C, D, and E: No information Factors B, C, D, and E: No information these factors. was presented in the petition Based on our evaluation of the was presented in the petition concerning threats to this species from information provided in the petition, we concerning threats to this species from these factors. have determined that the petition does these factors. Based on our evaluation of the not present substantial information to Based on our evaluation of the information provided in the petition, we indicate that listing Parker’s cylloepus information provided in the petition, we have determined that the petition does riffle beetle may be warranted. have determined that the petition does not present substantial information to not present substantial information to Patagonia Eyed Silkmoth (Automeris indicate that listing the cave obligate indicate that listing the royal moth may patagoniensis) spider may be warranted. be warranted. The Patagonia eyed silkmoth is Crustaceans known to occur at Harshaw Creek in the Sage Sphinx (Sphinx eremitoides) Patagonia Mountains in Santa Cruz The sage sphinx is a moth believed to Blackbelted Crayfish (Procambarus County and in the Huachuca Mountains occur in the Great Plains region from nigrocinctus) in Cochise County, Arizona Kansas to Texas west into Colorado and According to NatureServe (2007), the (NatureServe 2007). No further New Mexico (NatureServe 2007), blackbelted crayfish is known to occur information regarding the historical or although there are no documented in five sites in the Neches River basin current distribution or status of the records for Colorado or New Mexico in Angelina and Jasper Counties, Texas. species was presented. (NatureServe 2007). NatureServe (2007) Blackbelted crayfish occur among rocks Factor A: NatureServe (2007) indicates that the species occurs in two and accumulated debris in small, identifies potential replacement of host counties in Kansas and in four counties moderately flowing creeks (NatureServe plant grasses by invasive weeds to be a in Texas. No further information 2007). No further information regarding threat to the moth. However, regarding the historical or current the historical or current distribution or NatureServe (2007) does not indicate distribution or status of the species was status of the species was presented. whether invasive weeds currently occur presented. Factor A: NatureServe (2007) or are likely to occur in known habitat Factor A: NatureServe (2007) indicates that several sites are near an of the moth. Additionally, the known identifies conversion of native habitats airport and that development could moth sites are in two mountain ranges to cultivated agriculture or heavily eliminate populations; however, there is

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no discussion or information provided Spinythumb Fairy Shrimp information does not meet the which indicates any adverse impacts to (Streptocephalus moorei) substantial information standard. the species as a result of its location The spinythumb fairy shrimp is Factors B, C, D, and E: No information near an airport nor an indication of known from a site north of the town of was presented in the petition whether development is occurring or is Jimenez in northern Chihuahua, concerning threats to this species from likely to occur in occupied habitats. We Mexico, and from two counties in these factors. have determined that this information southern New Mexico (Maeda-Martinez Based on our evaluation of the does not meet the substantial et al. 2005). In New Mexico, the species information provided in the petition information standard. has been discovered recently in two and in our files, we have determined pools in the town of Columbus in Luna that the petition does not present Factors B, C, D, and E: No information substantial information to indicate that was presented in the petition County and in a stock tank in Sierra County (Maeda-Martinez et al. 2005). listing Arenaria livermorensis may be concerning threats to this species from warranted due to the present or these factors. The area of occupancy is small, though three of the four sites are widely threatened destruction, modification, or Based on our evaluation of the separated (NatureServe 2007). curtailment of its habitat or range. information provided in the petition, we According to NatureServe (2007), the Argemone arizonica (Arizona Prickle- have determined that the petition does species was found at the northern poppy) not present substantial information to Mexico site only in 1971 and has not Argemone arizonica is a plant known indicate that listing the blackbelted been found there since, despite repeated crayfish may be warranted. to occur on steep rocky slopes on the visits. Maeda-Martinez et al. (2005) north wall of Grand Canyon National Neches Crayfish (Procambarus indicate that it may be extirpated there. Park, Coconino County, Arizona Factor A: According to NatureServe nechesae) (NatureServe 2007). No further (2007), habitat destruction is the greatest information regarding the historical or threat to the species. Maeda-Martinez et The Neches crayfish is known to current distribution or status of the al. (2005) indicates that extension of occur in five sites in the Neches River species was presented. Federal Highway Number 45 is altering basin in Angelina and Trinity Counties, Factor A: NatureServe (2007) the habitat at the northern Mexico site. Texas (NatureServe 2007). According to identifies trampling from hiking as a However, the highway construction NatureServe (2007), Neches crayfish possible threat to the species, but does threatens the site where the species has form simple burrows in temporary or not indicate whether trampling is not been found since 1971, despite semipermanent pools in roadside occurring or is likely to occur in the repeated visits. No specific information ditches. No further information future. Further, because Argemone on habitat destruction was presented for regarding the historical or current arizonica is found on steep rocky slopes the remaining three sites. We have distribution or status of the species was on canyon walls, it is not clear that determined that this information does presented. recreationists would favor that type of not meet the substantial information habitat for hiking. We have determined Factor A: NatureServe (2007) standard. that this information does not meet the identifies land alteration as a threat to Factors B, C, D, and E: No information substantial information standard. the Neches crayfish, but does not was presented. Factors B, C, D, and E: No information indicate what type of land alteration Based on our evaluation of the was presented in the petition may be occurring or the impacts such information provided in the petition, we concerning threats to this species from alteration could have on the species. We have determined that the petition does these factors. have determined that this information not present substantial information to Based on our evaluation of the does not meet the substantial indicate that listing of the spinythumb information provided in the petition, we information standard. fairy shrimp may be warranted. have determined that the petition does Factors B, C, and D: No information Flowering Plants not present substantial information to was presented in the petition indicate that listing Argemone arizonica Arenaria livermorensis (Livermore concerning threats to this species from may be warranted. these factors. Sandwort) Arenaria livermorensis is an Batesimalva violacea (Purple Gay- Factor E: NatureServe (2007) states mallow) that there are few known occurrences of herbaceous plant that inhabits crevices the Neches crayfish and that it appears and cracks on cliffs and bare igneous Batesimalva violacea is a shrub to be restricted to a small watershed. In rock walls at high elevations known to occur in the Chisos Mountains (NatureServe 2007). This species is the absence of information identifying of southern Brewster County, Texas, and known only from Mt. Livermore, Jeff other threats to the species and linking is thought to occur in Coahuila and Davis County, Texas (NatureServe Nuevo Leon, Mexico (NatureServe those threats to rarity or geographic 2007). 2007). No further information regarding distribution the species, we do not Factor A: NatureServe (2007) the historical or current distribution or consider rarity or restricted geographic identifies habitat loss and degradation status of the species was presented. distribution to be a threat. We note that as a threat to Arenaria livermorensis; Factors A and B: No information was NatureServe (2007) also states that more however, the cause of loss and presented in the petition concerning and better surveys will probably at least degradation of habitat was not specified. threats to this species from these factors. double the number of occurrences. NatureServe (2007) states that the Factor C: NatureServe (2007) Based on our evaluation of the possible development of an observatory identifies grazing as a threat to information provided in the petition, we on top of Mt. Livermore may constitute Batesimalva violacea, but does not have determined that the petition does a threat to the species; however, there is indicate whether grazing is occurring or not present substantial information to no information indicating whether this is likely to occur in the future in indicate that listing the Neches crayfish development took place or may still take occupied habitats Further, NatureServe may be warranted. place. We have determined that this (2007) does not indicate how grazing

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may be impacting this species (e.g., this information does not meet the Factor A: NatureServe (2007) trampling, habitat degradation, substantial information standard. identifies overgrazing as a threat to predation). We have determined that Factors B, C, D. and E: No information Dalea bartonii, but does not indicate this information does not meet the was presented in the petition whether grazing is occurring or is likely substantial information standard. concerning threats to this species from to occur in the future in occupied Factors D and E: No information was these factors. habitats. Further, NatureServe (2007) presented in the petition concerning Based on our evaluation of the does not indicate how grazing may be threats to this species from these factors. information provided in the petition, we impacting this species (e.g., trampling, Based on our evaluation of the have determined that the petition does habitat degradation, predation). information provided in the petition, we not present substantial information to NatureServe (2007) further identifies the have determined that the petition does indicate that listing Bouteloua kayi may introduction of exotic species as a threat not present substantial information to be warranted. to D. bartonii, but does not identify indicate that listing Batesimalva Cryptantha ganderi (Gander’s which exotic species may be occurring within the range of D. bartonii or how violacea may be warranted. Cryptantha) those exotic species may be impacting Bonamia ovalifolia (Bigpod Bonamia) Cryptantha ganderi is an annual plant D. bartonii. We have determined that Bonamia ovalifolia is a perennial herb known to occur in southern California the information presented concerning known to occur in Brewster County, and Arizona in the United States, and overgrazing and exotic species does not Texas, and in adjacent Coahuila, Mexico Baja California and Sonora in Mexico meet the substantial information (NatureServe 2007). It is an inhabitant of (NatureServe 2007). It is found on sand standard. deep alluvial sands overlying limestone dunes around the head of the Gulf of Factors B, C, D, and E: No information ledges or outcrops along deep river California, including the Gran Desierto was presented in the petition canyons near desert grasslands and de Altar in Sonora, Mexico; the Pinta concerning threats to this species from shrublands (NatureServe 2007). No Sands in Yuma County, Arizona; and these factors. further information regarding the the Borrego Valley in San Diego County, Based on our evaluation of the historical or current distribution or California (NatureServe 2007). information provided in the petition, we have determined that the petition does status of the species was presented. According to the AGFD (2005), six occurrences are known in California and not present substantial information to Factors A: NatureServe (2007) one in Arizona. indicate that listing Dalea bartonii may identifies overgrazing as a threat to Factor A: NatureServe (2007) be warranted. Bonamia ovalifolia, but does not identifies development in California as indicate whether grazing is occurring or Dalea tentaculoides (Gentry’s a threat to the species, claiming that the is likely to occur in the future in Indigobush) expansion of the Borrego airport may occupied habitats Further, NatureServe impact the species’ habitat; however, no Dalea tentaculoides is a perennial (2007) does not indicate how grazing supporting information was provided shrub known historically in the United may be impacting this species (e.g., that allows us to determine if these States from only three areas in southern trampling, habitat degradation, activities are occurring or how they may Arizona: the western and northern predation). We have determined that be impacting the species. No slopes of the Baboquivari Mountains in this information does not meet the information about development was the Tohono O’odham Nation, Mendoza substantial information standard. presented for other portions of the range Canyon in the Coyote Mountains, and Factors B, C, D, and E: No information of the species. NatureServe (2007) Sycamore Canyon in the Atascosa was presented in the petition indicates that sand dune habitats are Mountains on the Coronado National concerning threats to this species from vulnerable to OHV use; however, no Forest (Service 2005). As of 2005, plants these factors. information specific to Cryptantha were only known to occur in Sycamore Based on our evaluation of the ganderi or the specific areas where OHV Canyon and on lands within the Tohono information provided in the petition, we use may be occurring was presented. We O’odham Nation (Schmalzel 2005). The have determined that the petition does have determined that the information plant has also been found at three not present substantial information to presented concerning development and locations in Mexico (Service 2005). The indicate that listing Bonamia ovalifolia OHV use does not meet the substantial first location was found in 1995, may be warranted. information standard. northeast of Hua´sabas in the State of Bouteloua kayi (Kay Gramma) Factors B, C, D, and E: No information Sonora. In 2004, the species was was presented in the petition documented in the Sierra El Humo, Bouteloua kayi is a perennial grass concerning threats to this species from south-southwest of Sasabe, Arizona, in known to occur in limestone crevices in these factors. northwestern Sonora, Mexico (L. Hahn, Brewster County, Texas, where there are Based on our evaluation of the pers. comm. 2004 cited in Service 2005). five known populations (NatureServe information provided in the petition, we Surveys in 2005 documented the 2007). No further information regarding have determined that the petition does persistence of those two populations the historical or current distribution or not present substantial information to and discovered a third in the Sierra de status of the species was presented. indicate that listing Cryptantha ganderi La Madera (Van Devender 2005). Factors A: NatureServe (2007) may be warranted. In 2005, the Service made a 12–month indicates that Bouteloua kayi is possibly finding in response to a January 2, 2002, threatened by overgrazing, but does not Dalea bartonii (Cox’s Dalea) petition to list Dalea tentaculoides indicate whether grazing is occurring or Dalea bartonii is a perennial plant (September 27, 2005; 70 FR 56426). is likely to occur in the future in with one known occurrence in the After reviewing the best scientific and occupied habitats Further, NatureServe drainage of the San Francisco Creek in commercial information available at that (2007) does not indicate how grazing Brewster County, Texas (NatureServe time, we determined the species did not may be impacting this species (e.g., 2007). This population likely contains warrant listing (Service 2005). trampling, habitat degradation, fewer than 1000 individuals Factor A: NatureServe (2007) predation). We have determined that (NatureServe 2007). indicates that seasonal flooding,

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watershed degradation due to have determined that the petition does Factor B: No information was overgrazing, and trampling by not present substantial information to presented in the petition concerning recreational users and livestock may be indicate that listing Eleocharis threats to this species from this factor. threats to Dalea tentaculoides, but does cylindrica may be warranted. Factor C: NatureServe (2007) not indicate whether these activities are identifies intense grazing as a threat to Erigeron acomanus (Acoma Fleabane) occurring or are likely to occur in Erigeron bistiensis, but also states that occupied habitat. Further, these Erigeron acomanus is a perennial plants seem free of signs of herbivory potential threats were examined in our herb known to occur in McKinley and (consumption of plants). According to 2005 12–month finding with the Cibola Counties, New Mexico Tonne (2007), livestock grazing is conclusion that the species did not (NatureServe 2007). It is an inhabitant of intense in the area of the single warrant listing (Service 2005), and no sandy arroyos beneath sandstone cliffs described population, but individual newer information was provided by the in the high plateau country of west- plants showed no sign of herbivory; it petitioner than that used in the 2005 central New Mexico. It is presently appears to be relatively unpalatable to finding. We have determined that the known from four small, isolated livestock. We have determined that this information presented does not meet the populations, which are further divided information does not meet the substantial information standard. into distinct geographic subpopulations substantial information standard. Factor B: No information was (Reed 1996). Factors D and E: No information was presented in the petition concerning presented in the petition concerning Factor A: NatureServe (2007) states threats to this species from this factor. threats to this species from these factors. Factor C: NatureServe (2007) indicates that current land uses do not Based on our evaluation of the that consumption by livestock may be a significantly threaten this species’ information provided in the petition, we threat to Dalea tentaculoides, but does habitats. NatureServe (2007) further have determined that the petition does not indicate whether consumption is notes that the species may occasionally not present substantial information to occurring or is likely to occur in the be impacted by mining, but does not indicate that listing Erigeron bistiensis future. Further, this potential threat was identify whether mining is actually may be warranted. examined in our 2005 12–month finding occurring or is likely to occur in the Escobaria guadalupensis (Guadalupe with the conclusion that the species did future. We have determined that this Pincushion Cactus) not warrant listing (Service 2005), and information does not meet the no newer information was provided by substantial information standard. Escobaria guadalupensis is a cactus the petitioner than that used in the 2005 Factors B, C, D, and E: No information known to occur in New Mexico and in finding. We have determined that the was presented in the petition the Guadalupe Mountains National information presented does not meet the concerning threats to this species from Park, Texas (NatureServe 2007). The substantial information standard. these factors. species inhabits exposed slabs and Factors D and E: No information was Based on our evaluation of the fractured outcrops of limestone on steep presented in the petition concerning information provided in the petition, we slopes in open coniferous woodlands threats to this species from these factors. have determined that the petition does (NatureServe 2007). No further Based on our evaluation of the not present substantial information to information regarding the historical or information provided in the petition, we indicate that listing of Erigeron current distribution or status of the have determined that the petition does acomanus may be warranted. species was presented. not present substantial information to Factor A: No information was indicate that listing Dalea tentaculoides Erigeron bistiensis (Bisti Fleabane) presented in the petition concerning may be warranted. Erigeron bistiensis is a perennial herb threats to this species from this factor. Factor B: NatureServe (2007) known from a small area primarily on Eleocharis cylindrica (Cylinder identifies collection of the cactus for Navajo Nation lands in San Juan Spikerush) cultivation as a possible threat to County, New Mexico (NatureServe Eleocharis cylindrica is a perennial Escobaria guadalupensis, but indicates 2007). It is reported that there are fewer sedge known to occur in New Mexico that specimens identified in trade were than 1,000 individuals, which are and Texas (NatureServe 2007). It is an not collected from the wild. We have restricted to a particular type of inhabitant of shallow water or determined that this information does sandstone-derived rock (NatureServe calcareous mud at desert springs and in not meet the substantial information 2007). However, Tonne (2007) has streams (NatureServe 2007). No further standard. questioned the validity of the species information regarding the historical or Factors C, D, and E: No information and believes it to be the common current distribution or status of the was presented in the petition Erigeron pulcherrimus (basin fleabane). species was presented. concerning threats to this species from Factor A: NatureServe (2007) states Factor A: NatureServe (2007) these factors. that wetlands in arid environments are identifies the species’ placement in an Based on our evaluation of the often in jeopardy, but does not identify area of high oil and gas development as information provided in the petition, we any specific activities or threats that a threat to the species, but does not have determined that the petition does may be impacting Eleocharis cylindrica identify how oil and gas activities may not present substantial information to now or in the future. We have be impacting the species or its habitat. indicate that listing Escobaria determined that this information does NatureServe (2007) also identifies urban guadalupensis may be warranted. not meet the substantial information development as a threat, but does not Euphorbia aaron-rossii (Marble Canyon standard. indicate whether urban development is Factors B, C, D, and E: No information occurring or is likely to occur in Spurge) was presented in the petition occupied habitats. We have determined Euphorbia aaron-rossii is a plant concerning threats to this species from that the information presented known to occur on Navajo Nation lands these factors. concerning oil and gas activities and and in the following areas in Grand Based on our evaluation of the urban development does not meet the Canyon National Park in Coconino information provided in the petition, we substantial information standard. County, Arizona: Marble Canyon, Grand

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Canyon (along the Colorado River on the information does not meet the vertical cliffs in the canyon, habitat not east side of the canyon), and the canyon substantial information standard. likely to be visited by humans. We have of the Little Colorado River (AGFD Factors B, C, D, and E: No information determined that this information does 2005). was presented in the petition not meet the substantial information Factors A, B, C, and D: No concerning threats to this species from standard. information was presented in the these factors. Factors B, C, D, and E: No information petition concerning threats to this Based on our evaluation of the was presented in the petition species from these factors. information provided in the petition, we concerning threats to this species from Factor E: NatureServe (2007) have determined that the petition does these factors. identifies limited geographic range as a not present substantial information to Based on our evaluation of the threat to Euphorbia aaron-rossii. In the indicate that listing Kallstroemia information provided in the petition, we absence of information identifying other perennans may be warranted. have determined that the petition does not present substantial information to threats to the species and linking those Pediomelum humile (Rydberg’s indicate that listing Perityle huecoensis threats to the limited geographic range Scurfpea) of the species, we do not consider may be warranted. limited geographic range to be a threat. Pediomelum humile is a perennial herb known to occur in Val Verde Perityle saxicola (Fish Creek Rock Based on our evaluation of the County, Texas, and possibly in adjacent Daisy) information provided in the petition, we Coahuila, Mexico (NatureServe 2007). Perityle saxicola is a perennial herb have determined that the petition does No further information regarding the known to occur in Gila and Maricopa not present substantial information to historical or current distribution or Counties, Arizona (NatureServe 2007). indicate that listing Euphorbia aaron- status of the species was presented. Its current distribution is found near rossii may be warranted. Factor A: NatureServe (2007) Tonto National Monument, Roosevelt Glossopetalon texense (Texas Grease indicates that habitats are often heavily Lake, and above Horse Camp Creek in Bush) browsed by sheep or goats, but does not the Sierra Ancha Mountains (AGFD indicate how these activities may be Glossopetalon texense is a shrub 2004). Perityle saxicola grows in impacting this species (e.g., trampling, known to occur in Uvalde and Val moisture deficient habitat in cracks and habitat degradation, predation). Verde Counties, Texas (NatureServe crevices on cliff faces, on large boulders, NatureServe (2007) further indicates 2007). No further information regarding and on rocky outcrops in canyons that urbanization could destroy some the historical or current distribution or (AGFD 2004). sites, but not does explain through what Factor A: AGFD (2004) indicates that status of the species was presented. portion of the range these activities may threats to the species are restricted to Factors A and B: No information was occur nor how it would impact the activities requiring blasting, including presented in the petition concerning species. We have determined that the dam, road, and trail construction, but threats to this species from these factors. information presented concerning does not indicate whether these Factor C: NatureServe (2007) states browsing and urbanization does not activities are occurring or are likely to that Glossopetalon texense may be meet the substantial information occur in occupied habitats in the future. susceptible to predation from browsing, standard. AGFD (2004) further indicates that the but does not indicate whether grazing Factors B, C, D, and E: No information species may have been impacted during by livestock or other herbivores was presented in the petition the Roosevelt Dam re-construction in (animals which eat plants) is occurring concerning threats to this species from the 1990s; however, most of the plants or may occur in the future in occupied these factors. occurred up-slope, above construction habitats.. We have determined that this Based on our evaluation of the activities. We have determined that this information does not meet the information provided in the petition, we information does not meet the substantial information standard. have determined that the petition does substantial information standard. Factors D and E: No information was not present substantial information to Factors B, C, D, and E: No information presented in the petition concerning indicate that listing Pediomelum humile was presented in the petition threats to this species from these factors. may be warranted. concerning threats to this species from Based on our evaluation of the Perityle huecoensis (Hueco Mountains these factors. information provided in the petition, we Based on our evaluation of the Rockdaisy) have determined that the petition does information provided in the petition, we not present substantial information to Perityle huecoensis is a plant known have determined that the petition does indicate that listing Glossopetalon to occur in the Hueco Mountains on not present substantial information to texense may be warranted. Fort Bliss Military Reservation in El indicate that listing Perityle saxicola Paso County, Texas, and in the Sierra Kallstroemia perennans (Perennial may be warranted. Juarez, Mexico (NatureServe 2007). Caltrop) According to NatureServe (2007), the Perityle warnockii (River Rockdaisy) Kallstroemia perennans is a plant Texas population consists of a total of Perityle warnockii is a plant known to known to occur in Presidio, Val Verde 700 to 800 plants. No further occur in the Pecos River in Val Verde and Brewster Counties, Texas information regarding the historical or County, Texas (NatureServe 2007). No (NatureServe 2007). No further current distribution or status of the further information regarding the information regarding the historical or species was presented. historical or current distribution or current distribution or status of the Factor A: Worthington (1991) status of the species was presented. species was presented. identifies human activity as a potential Factors A: NatureServe (2007) Factor A: According to NatureServe threat to the genus Perityle in an indicates that the area is heavily grazed (2007), Kallstroemia perennans occurs occupied canyon; however, he does not by sheep and goats, but does not in an area subject to land abuse; describe the nature of the human indicate how these activities may be however, these abuses are not specified. activity. Worthington (1991) also reports impacting this species (e.g., trampling, We have determined that this that Perityle huecoensis occurs on habitat degradation, predation).

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Factors B, C, D, and E: No information Factors B, C, D, and E: No information Factor A: NatureServe (2007) was presented in the petition was presented in the petition indicates that Valerianella nuttallii concerning threats to this species from concerning threats to this species from occurs in hay meadows in which these factors. these factors. moderate grazing occurs; however, Based on our evaluation of the Based on our evaluation of the NatureServe (2007) does not identify information provided in the petition, we information provided in the petition, we moderate grazing as a threat to the have determined that the petition does have determined that the petition does species. We have determined that this not present substantial information to not present substantial information to information does not meet the indicate that listing Perityle warnockii indicate that listing Rhododon substantial information standard. may be warranted. angulatus may be warranted. Factors B, C, D, and E: No information Quercus graciliformis (Slender Oak) Sophora gypsophila (Gypsum Necklace) was presented in the petition concerning threats to this species from Quercus graciliformis is a plant Sophora gypsophila is a shrub known these factors. known to occur in the Chisos Mountains to occur in Culberson County in western Based on our evaluation of the in Big Bend National Park, Brewster Texas and in adjacent Eddy and Otero information provided in the petition, we County, Texas, and in adjacent northern Counties in southern New Mexico have determined that the petition does Chihuahua, Mexico (NatureServe 2007). (NatureServe 2007). There is an not present substantial information to No further information regarding the additional occurrence 300 km (185 mi) indicate that listing Valerianella historical or current distribution or to the south in Chihuahua, Mexico nuttallii may be warranted. status of the species was presented. (NatureServe 2007). NatureServe (2007) Factor A: NatureServe (2007) estimates that there are approximately Ferns and Allies identifies the activities of tourists as a 2000 known individuals of the species. Grimmia americana (no common name) threat to this species, but does not Factors A, B, C, and D: No identify the type of activities nor how information was presented in the Grimmia americana is a moss known they may be impacting this species. petition concerning threats to this to occur in western Texas, southern NatureServe (2007) further identifies species from these factors. Nevada, and central Arizona occasional drought as a threat to the Factor E: NatureServe (2007) (NatureServe 2007). No further species, but provides no information identifies the effects of climate change information regarding the historical or concerning the frequency or intensity of as a threat to Sophora gypsophila. current distribution or status of the these droughts or how the species is NatureServe (2007) indicates that the species was presented. impacted by drought. We have distribution of the species is declining Factor A: Stark (1999) states that the determined that the information as its habitat becomes drier due to Grimmia americana population in Clark presented concerning tourist activities climate change. Information in our files County, Nevada, occurs at an entry and drought does not meet the indicates that warming of the climate is point to a canyon containing substantial information standard. unequivocal and that drying trends in petroglyphs, and due to relatively high Factors B, C, D, and E: No information the southwestern United States are public access, is likely impacted by was presented in the petition likely to persist (Intergovernmental trampling by humans. Because this concerning threats to this species from Panel on Climate Change 2007a, p. 30; species is known to occur on cliffs and these factors. Intergovernmental Panel on Climate boulders (NatureServe 2007), it is likely Based on our evaluation of the Change 2007b, p. 887); however, we somewhat protected from recreational information provided in the petition, we find the information presented in the users. No information is presented have determined that the petition does petition and readily available in our concerning recreational use at the Texas not present substantial information to files to be insufficiently specific to or Arizona site. We have determined indicate that listing Quercus Sophora gypsophila or its habitat. that this information does not meet the graciliformis may be warranted. Based on our evaluation of the substantial information standard. information provided in the petition, we Factors B, C, D, and E: No information Rhododon angulatus (Lonestar Sand- have determined that the petition does was presented in the petition mint) not present substantial information to concerning threats to this species from Rhododon angulatus is a plant known indicate that listing Sophora gypsophila these factors. from two populations occurring in may be warranted. Based on our evaluation of the Aransas County, Texas (NatureServe information provided in the petition, we 2007). It is also reported in Nueces and Valerianella nuttallii (Nuttall’s Corn- have determined that the petition does Refugio Counties; however, these salad) not present substantial information to reports remain unconfirmed Valerianella nuttallii is an herbaceous indicate that listing Grimmia americana (NatureServe 2007). No further plant that is limited to western Arkansas may be warranted. information regarding the historical or and eastern Oklahoma. The species is Riccia californica (no common name) current distribution or status of the known from few remaining individuals species was presented. (approximately 1,000-3,000) Riccia californica is a moss reported Factor A: NatureServe (2007) notes (NatureServe 2007). The species from west-central Oregon south to San that threats to Rhododon angulatus historically occurred in 11 counties in Francisco and Santa Clara Counties in include suburban sprawl, industrial western Arkansas (NatureServe 2007) northern California, with a disjunct development, and road widening, but and in 13 counties in eastern Oklahoma population reported from San Diego does not indicate whether these (Oklahoma Biological Survey 2002), and County in southern California (Stark activities are occurring or are likely to is currently thought to occur in 7 and Whittemore 1992; NatureServe occur in the future nor how these counties in Arkansas and 3 in Oklahoma 2007). It has also been reported from activities may impact R. angulatus. We (NatureServe 2007). The species is Texas (Schuster 1992). have determined that this information found in areas with saturated soils Factor A: NatureServe (2007) does not meet the substantial associated with shale (NatureServe indicates the population in southern information standard. 2007). California may be threatened by

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development, but the nature of the determined that this information does species near Willcox and near Bonita development and impact on the species not meet the substantial information (where not previously recorded), but not were not discussed. Additionally, no standard. in the Whitlock Valley (Sullivan et al. information was presented concerning Factor B, C, D, and E: No information 2005). Sullivan et al. (2005) did not find the present or threatened destruction, was presented in the petition appropriate habitat at the historical modification, or curtailment of its concerning threats to this species from Fairbank site and believe it was a base habitat in the rest of its range in these factors. camp rather than the actual collection northern California, Oregon, and Texas. Based on our evaluation of the site. We have determined that this information provided in the petition, we Factor A: NatureServe cited the AGFD information does not meet the have determined that the petition does (2006) in indicating that habitat substantial information standard. not present substantial information to degradation due to urban and Factors B, C, D, and E: No information indicate that listing Acarospora agricultural development and improper was presented in the petition clauzadeana may be warranted. livestock grazing may be threats to the concerning threats to this species from Omphalora arizonica (no common species. Sullivan et al. (2005) noted that these factors. name) one historical collecting site is now a Based on our evaluation of the housing development where they found information provided in the petition, we Omphalora arizonica is a lichen no whiptails during their surveys. While have determined that the petition does known to occur in the mountains in they found the species at seven of eight not present substantial information to Santa Cruz and Apache Counties, historical collecting sites, they found indicate that listing Riccia californica Arizona; in Bernalillo, Lincoln, Otero, evidence of recent heavy grazing at most may be warranted. San Miquel, Union, and Don˜ a Ana sites occupied by the species (Sullivan Counties, New Mexico; and in Larimer, et al. 2005). Lichens Mineral, and Saguache Counties, Factor B, C, D, and E: No information Acarospora clauzadeana (no common Colorado (NatureServe 2007). was presented in the petition name) Factor A: NatureServe (2007) concerning threats to this species from identifies mechanical disturbance such Acarospora clauzadeana is a lichen these factors. as rock climbing in the Sandia Based on our evaluation of the known to occur near Roswell in Chaves Mountains of New Mexico as a threat to County, New Mexico; near Almeria in information provided in the petition, we Omphalora arizonica; however, this have determined that the petition Andalusia, Spain; and near Cuatro threat is not considered by NatureServe Cienegas in Coahuila, Mexico presents substantial information to to be of significant concern. We have indicate that listing the Arizona striped (NatureServe 2007). In New Mexico, it determined that this information does is very specific in where it colonizes as whiptail may be warranted due to the not meet the substantial information present or threatened destruction, it is restricted to pure gypsum that has standard. been eroded to knife-sharp edges modification, or curtailment of its Factors B, C, and D: No information habitat or range resulting from (NatureServe 2007). The current size of was presented in the petition the area occupied by this species is development and improper livestock concerning threats to this species from grazing. apparently small, even though it occurs these factors. in three distinct parts of the world Factor E: NatureServe (2007) Amphibians (NatureServe 2007). The lichen is identifies air pollution as a threat to sparsely distributed throughout its local Black-spotted Newt (Notophthalmus Omphalora arizonica, but does not meridionalis) area in New Mexico. It is difficult to identify the nature of such pollution nor quantify abundance of this species its impacts on this lichen. We have The black-spotted newt is known to because it deeply penetrates stony determined that this information does occur along the Gulf Coastal Plain, from rocks. It is not clearly known how this not meet the substantial information south of the San Antonio River in Texas species disperses and whether it has standard. southward to Tamaulipas, northern relatively recently colonized certain Based on our evaluation of the Veracruz, and southeastern San Luis sites or it was once more common than information provided in the petition, we Potosi, Mexico (NatureServe 2007). it is now and surviving historic sites are have determined that the petition does Adults, juveniles, and larvae of the being observed (NatureServe 2007). The not present substantial information to species inhabit permanent and status of the populations in Spain and indicate that listing Omphalora temporary ponds, roadside ditches, and Mexico are unknown (NatureServe arizonica may be warranted. quiet stream pools. The species is 2007). usually found among submerged Factor A: NatureServe (2007) Species For Which Substantial vegetation such as Chara spp. indicates that gypsum mining, off-road Information Was Presented (muskgrass) and under rocks and other vehicle use, and other recreational Reptiles shelter when ponds dry up (NatureServe activities are potential threats to 2007). NatureServe (2007) reports Acarospora clauzadeana, but does not Arizona Striped Whiptail (Aspidoscelis results from a Service survey in the mid- indicate whether any of these activities arizonae) 1980’s whereby the black-spotted newt are occurring or are likely to occur in The Arizona striped whiptail is a was observed at 5 localities, 2 in Texas occupied habitats. Additionally, lizard which inhabits grasslands and and 3 in Mexico, during 221 surveys NatureServe (2007) indicates that its shrublands and is reported to occur in conducted. Additionally, NatureServe habitat is naturally subject to erosion a small range in southeastern Arizona, (2007) reports that the species could be such that any activity that accelerates including in the vicinity of the towns of absent from two of the three known erosion would threaten the species; Willcox (Cochise County) and Fairbank localities in Mexico, but still exists in however, NatureServe (2007) does not (Cochise County), and the Hackberry Siberia in northern Veracruz. The black- identify any specific erosion Ranch in Whitlock Valley (Graham spotted newt was formerly a candidate accelerating threats occurring or likely County) (Sullivan et al. 2005). Surveys 2 species, a taxa for which information to occur in occupied habitats. We have from 2000 through 2003 found the in our possession indicated that

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proposing to list was possibly in water quality and thus vulnerable to concerning threats to this species from appropriate, but for which persuasive groundwater pollutants. NatureServe these factors. data on biological vulnerability and (2007) further indicates the salamander Based on our evaluation of the threat were not available to support a is likely threatened by falling information provided in the petition, we proposed listing rule. This species has groundwater levels that have resulted have determined that the petition had no Federal Endangered Species Act from increased pumping to support presents substantial information to status since the practice of maintaining residential and commercial indicate that listing the Comal blind a list of candidate 2 species was development in the region. Campbell Salamander may be warranted due to discontinued in 1996. (2003) indicates that increased the present or threatened destruction, Factor A: NatureServe (2007) groundwater use coupled with drought modification, or curtailment of its identifies past habitat alteration within in the region is a serious threat to habitat or range resulting from the historic range of the species in Texas aquatic species in the Edwards Aquifer. groundwater withdrawal and and Mexico as a threat to the species; Factor B, C, D, and E: No information contamination. however, no information is provided was presented in the petition concerning the potential for alteration of Comal Springs Salamander (Eurycea sp. concerning threats to this species from 8) currently occupied habitats. We have these factors. determined that this information does Based on our evaluation of the The Comal Springs salamander is not meet the substantial information information provided in the petition, we known to occur only in Comal Springs standard. have determined that the petition in Landa Park and Landa Lake, Texas. Factor A: NatureServe (2007) cites Factors B and C: No information was presents substantial information to Chippindale et al. (2000), who note that presented in the petition concerning indicate that listing Blanco blind several species that occur in the Comal threats to this species from these factors. salamander may be warranted due to the Factor D: NatureServe (2007) states Springs ecosystem are threatened by present or threatened destruction, that it is unknown whether any habitat loss and modification due to modification, or curtailment of its occurrences are appropriately protected groundwater withdrawal and habitat or range resulting from water or managed. The species is listed as groundwater contamination within the pollutants and water withdrawal. endangered by the Mexican government, Edwards Aquifer. Because the Comal but it is not known to occur in any Comal Blind Salamander (Eurycea Springs salamander co-occurs with protected areas in Mexico (NatureServe tridentifera) these species, it may be facing the same (2007). The species is listed as The Comal blind salamander is threats. Factor B, C, D, and E: No information threatened by Texas Parks and Wildlife known to occur in the southeastern was presented in the petition Department. Texas Parks and Wildlife margin of the Edwards Plateau and the concerning threats to this species from Department regulations prohibit the Cibolo Sinkhole Plain region of Comal these factors. taking, possession, transportation, or County, Bexar County, and possibly in sale of any of the animal species Based on our evaluation of the Kendall County, Texas (NatureServe information provided in the petition, we designated by State law as endangered 2007). Its current distribution includes or threatened without the issuance of a have determined that the petition Badweather Pit, Honey Creek Cave, presents substantial information to permit. Ebert Cave, Comal Springs, Pedernales Factor E: Dixon (1987) identifies the indicate that listing the Comal Springs Spring 1 and Spring 2, and caves at use of herbicide and pesticide as a salamander may be warranted due to the Camp Bullis Army Base (Chippindale threat to the species, indicating that the present or threatened destruction, and Hills 1994, Hills and Chippindale species ‘‘has become endangered in modification, or curtailment of its 2000). Hills and Chippindale (2000) Texas because pesticides and herbicides habitat or range resulting from listed at least seven separate have been used throughout its area of groundwater withdrawal and occurrences of the species in recent distribution in Texas.’’ groundwater contamination. Based on our evaluation of the surveys. Texas Salamander (Eurycea neotenes) information provided in the petition, we Factor A: NatureServe (2007) cites have determined that the petition Hills and Chippindale (2000), who note The Texas Salamander is known to presents substantial information to that several species that occur in the occur in Bexar County in south-central indicate that listing the black-spotted Comal Springs ecosystem are threatened Texas (NatureServe 2007). It was newt may be warranted due to the other by habitat loss and modification due to formerly thought to be a wide-ranging natural or manmade factors affecting its groundwater withdrawal and species (Sweet 1984), but recent genetic continued existence resulting from groundwater contamination within the data indicates that it is restricted to herbicide and pesticide use. Edwards Aquifer. Because the Comal Helotes Creek Spring, Leon Springs, and blind salamander co-occurs with these Mueller’s Spring (Chippindale et al. Blanco Blind Salamander (Eurycea species, it may be facing the same 2000). No further information regarding robusta) threats. NatureServe (2007) also the historical or current distribution or The Blanco blind salamander is found indicates that the species may be status of the species was presented. in water-filled underground caverns threatened by land development; Factor A: Bruce (1976) identifies known to occur in the San Marcos Pool however, no information was provided frequent drought and occasional of the Balcones Aquifer (part of the indicating that development is flooding, which would destroy or Edwards Aquifer), Hays County, Texas occurring or is likely to occur in areas modify its habitat, as threats to the (NatureServe 2007). It is known from occupied by the species. We have Texas salamander. Although those four specimens observed in 1951 where determined that the information Texas salamanders in permanent only one was collected and preserved presented concerning land development springs or underground waters would be (NatureServe 2007). does not meet the substantial expected to survive droughts, it is likely Factor A: NatureServe (2007) information standard. that many would be trapped indicates that the Blanco blind Factor B, C, D, and E: No information downstream in drying surface pools salamander may be sensitive to changes was presented in the petition (Bruce 1976). Information readily

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available in our files confirms that upstream recolonization. NatureServe pollution, dewatering, and nonnative droughts occur in this region of south- (2007) claims that pollution from oil, species. central Texas (72 FR 71040, December feedlots, and pesticides is probably also Nueces Shiner (Cyprinella sp. 2) 13, 2007). preventing upstream recolonization. Factor B: No information was Based on our evaluation of the The Nueces shiner is a small fish presented in the petition concerning information provided in the petition, we known to occur in clear, cool headwater threats to this species from this factor. have determined that the petition creeks of the Nueces River in Texas Factor C: Bruce (1976) indicates that presents substantial information to (Richardson and Gold 1995). a high mortality rate in juvenile Texas indicate that listing the Arkansas River Factor A: Groundwater levels for salamanders may be due to high speckled chub may be warranted due to much of south-central Texas have predation, but provides no information the present or threatened destruction, decreased substantially over the past on the type of predation that may be modification, or curtailment of its decade, resulting in significantly occurring. We have determined that this habitat or range resulting from water reduced water flow in spring-fed rivers, information does not meet the impoundment and diversion projects, including the Nueces River (Richardson substantial information standard. and due to other natural or manmade and Gold 1995; NatureServe 2007). In Factors D and E: No information was factors affecting its continued existence addition, much of the land in the presented in the petition concerning resulting from restricted recolonization. Nueces River basin is used for agriculture, and both improper grazing threats to this species from these factors. Chihuahua Catfish (Ictalurus sp. 1) Based on our evaluation of the by livestock and possible stream information provided in the petition, we The Chihuahua catfish historically pollution from pesticides and other have determined that the petition occurred in the Rio Grande basin in chemicals may pose serious problems presents substantial information to New Mexico, Texas, and Mexico, and for the Nueces shiner (Richardson and indicate that listing the Texas possibly the Rio San Fernando basin in Gold 1995; NatureServe 2007). salamander may be warranted due to the Nuevo Leon and Tamaulipas, Mexico Factors B, C, D, and E: No information present or threatened destruction, (Service 1994). According to Service was presented in the petition modification, or curtailment of its (1994), the species trend is declining concerning threats to this species from habitat or range resulting from drought. and may be extirpated in the United these factors. States. Anderson et al. (1995) indicate Based on our evaluation of the Fish that catfishes in general show a pattern information provided in the petition, we Arkansas River Speckled Chub of reduced relative abundance in most have determined that the petition (Macrhybopsis tetranema) Texas rivers. The Chihuahua catfish was presents substantial information to formerly a candidate 2 species, a taxa indicate that listing the Nueces shiner The Arkansas River speckled chub is for which information in our possession may be warranted due to the present or a fish known to occur in shallow indicated that proposing to list was threatened destruction, modification, or channels of large, permanently flowing, possibly appropriate, but for which curtailment of its habitat or range sandy streams (NatureServe 2007). persuasive data on biological resulting from reduced water flow, Historically, it occurred in the upper vulnerability and threat were not improper grazing by livestock and Arkansas River basin in Oklahoma, available to support a proposed listing pollution. Kansas, Texas, New Mexico, and rule. This species has had no Federal Pecos Pupfish (Cyprinodon pecosensis) Colorado. It is currently known to be Endangered Species Act status since the extant in two widely disjunct areas: the practice of maintaining a list of The Pecos pupfish is known from a Ninnescah River and an associated candidate 2 species was discontinued in small range in the Pecos River drainage portion of the Arkansas River in Kansas, 1996. of New Mexico and Texas (NatureServe and the South Canadian River between Factor A: Anderson et al. (1995) 2007). The historical range of the Ute and Meredith reservoirs in New identify causes for changes in diversity species includes the Pecos River from Mexico and Texas (Eisenhour 1999; of fishes in Texas, including dam Bitter Lake National Wildlife Refuge and Luttrell et al. 1999). construction, proliferation of exotic Bottomless Lakes State Park near Factor A: According to NatureServe species, and increasing water demands; Roswell, New Mexico, downstream (2007) and Luttrell et al. (1999), the however, no information specific to this approximately 650 km (404 mi) to the Arkansas River speckled chub may be species is included. Information in mouth of Independence Creek, Texas threatened by continuing river Service (1994) supports the information (Service 2000). The species was also impoundments, water diversion presented in Anderson et al. (1995) and found in gypsum sinkholes and saline projects, drought, and depletions of notes that the aquatic habitats of this springs at Bitter Lake National Wildlife groundwater. catfish are threatened with pollution Refuge; sinkholes and springs at Factors B, C, and D: No information and dewatering, and that nonnative Bottomless Lakes State Park; and in Salt was presented in the petition species threaten native fish fauna. Creek, Reeves County, Texas. As of concerning threats to this species from Factors B, C, D, and E: No information 2000, the species was known to occur these factors. was presented in the petition only in the upper reach of Salt Creek in Factors E: Reservoirs and dewatered concerning threats to this species from Texas, in the Pecos River from north of river stretches may pose further threats these factors. Malaga upstream to Bitter Lake National to the species by creating barriers to Based on our evaluation of the Wildlife Refuge, Bottomless Lakes State movement and recolonization (Luttrell information provided in the petition, we Park, and the Bureau of Land et al. 1999). According to NatureServe have determined that the petition Management (BLM) Overflow Wetlands (2007) and Luttrell et al. (1999), the presents substantial information to Wildlife Habitat Area/Area of Critical species has declined in Kansas and indicate that listing the Chihuahua Environmental Concern (Service 2000). Arkansas due to dewatering of streams, catfish may be warranted due to the Factor A: Information presented in and low-water dams and other present or threatened destruction, NatureServe (2007) and verified by obstructions, which may have modification, or curtailment of its Service (2000) indicates Pecos pupfish fragmented habitat and blocked habitat or range, resulting from habitat may be threatened by alterations

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of habitat, such as dewatering, that the decline in abundance is habitat or range resulting from channelization, and nonnatural flow particularly evident in the Sabinal River development and pollution. regime, due to excessive groundwater (Richandson and Gold 1995). Toothless Blindcat (Trogloglanis pumping and dams on the Pecos River. Factor A: The species’ decline is pattersoni) Lower water tables may also eliminate believed to be associated with habitat water flow between sinkholes, isolating alteration resulting from dewatering, The toothless blindcat is a catfish small populations. Oil spills from improper grazing by livestock, and known to occur in five wells that pipelines into Salt Creek, Texas, have possible stream pollution from penetrate the San Antonio Pool of the occurred and accidental spills or leaks pesticides and other agricultural Edwards Aquifer in and near San may represent an ongoing threat to chemicals (Richardson and Gold 1995; Antonio, Bexar County, Texas water quality throughout its range. NatureServe 2007). (NatureServe 2007). Factor A: Ono et al. (1983) identify Factor B and C: No information was Factors B, C, D, and E: No information decreasing water levels in the Edwards presented in the petition concerning was presented in the petition Aquifer and contamination from threats to this species from these factors. concerning threats to this species from chemical pollution as threats to the Factor D: In 1999, the Texas Parks and these factors. toothless blindcat. The Edwards Aquifer Wildlife Department; New Mexico Based on our evaluation of the supplies irrigation and drinking water to Department of Game and Fish information provided in the petition, we the area around San Antonio, Texas (NMDGF); New Mexico Energy, have determined that the petition Minerals, and Natural Resources (Ono et al. 1983). Projected increases in presents substantial information to Department; New Mexico Department of the human population around San indicate that listing the Plateau shiner Agriculture; New Mexico Antonio will likely result in an increase may be warranted due to the present or Environmental Department; New in water usage which would lower the threatened destruction, modification, or Mexico Office of the State Engineer; water level in the aquifer to below the curtailment of its habitat or range BLM; and Service signed a conservation rainfall recharge zone (Ono et al. 1983). resulting from dewatering, improper agreement for the Pecos pupfish. The As such, the species may be vulnerable grazing by livestock, and possible purpose of the agreement was to secure to pollution and depletion of the aquifer stream pollution. and protect the Pecos pupfish within its (Ono et al. 1983). In addition, Anderson occupied and historical range (Texas San Felipe Gambusia (Gambusia et al. (1995) includes local habitat Parks and Wildlife Department et al. clarkhubbsi) disturbances, such as the alteration of 1999); however, the agreement expired The San Felipe gambusia is a fish instream flow and eutrophication as in 2004 and has not been renewed. known to occur in San Felipe Creek, Val threats to the species. Eutrophication is Factor E: The Pecos pupfish may be caused by an excess of nutrients, such threatened by hybridization with the Verde County, Texas. The species appears to prefer edge or quiet water as nitrogen and phosphorus, which sheepshead minnow (Cyprinodon stimulate excessive plant growth that variegatus) (NatureServe 2007; Service habitat in close association to areas with significant spring flows (Garrett and results in the depletion of dissolved 2000). The sheepshead minnow was oxygen needed by the toothless apparently introduced into the Pecos Edwards 2003). On February 13, 2007, we published a 90–day finding in blindcat. River in Texas in the 1980s (Echelle and Factor B, C, and D: No information response to a petition to list the species Connor 1989). Interbreeding with the was presented in the petition as threatened or endangered under the Pecos pupfish lead to hybridization and concerning threats to this species from Act. We found that the petition did not swamping of the genetic material of the these factors. Pecos pupfish with that of the present substantial information that the Factor E: Competition may be a threat sheepshead minnow and Pecos pupfish- species warranted listing at that time (72 due to the rapid increase of exotic sheepshead minnow hybrids. As of FR 6703). However, we are re-evaluating species within the toothless blindcat’s 1998, the sheepshead minnow had the information we considered at that occupied habitat (Anderson et al. 1995). replaced the Pecos pupfish in about time and information presented in the Based on our evaluation of the two-thirds of its former range. current petition. information provided in the petition, we Based on our evaluation of the Factor A: San Felipe Creek is an urban have determined that the petition information provided in the petition, we stream that has been modified for bank presents substantial information to have determined that the petition stabilization, flood control, public indicate that listing the toothless presents substantial information to access, road bridges, and diversion of blindcat may be warranted due to the indicate that listing the Pecos pupfish irrigation water (Garrett and Edwards present or threatened destruction, may be warranted due to the present or 2003). As a result, the San Felipe modification, or curtailment of its threatened destruction, modification, or gambusia may be threatened by water habitat or range other natural or curtailment of its habitat or range as a quality problems including elevated manmade factors affecting its continued result of water quality and quantity nitrate, phosphate, and orthophosphate existence resulting from water issues, and due to other natural or levels (Garrett and Edwards 2003). drawdown and pollution, or to other manmade factors affecting its continued Factors B, C, D, and E: No information natural or manmade factors affecting its existence as a result of hybridization was presented in the petition continued existence resulting from with the sheepshead minnow. concerning threats to this species from competition. these factors. Plateau Shiner (Cyprinella lepida) Based on our evaluation of the White Sands Pupfish (Cyprinodon The Plateau shiner is a small fish information provided in the petition, we tularosa) known to occur in a small range in the have determined that the petition The White Sands pupfish occurs in clear, cool spring-fed headwater creeks presents substantial information to Lincoln, Otero, and Sierra Counties, of the Frio and Sabinal Rivers in central indicate that listing the San Felipe New Mexico (NatureServe 2007). The Texas (Nueces River system). Survey gambusia may be warranted due to the species is abundant where its habitat efforts indicate that population sizes present or threatened destruction, occurs in the Tularosa Basin within the have decreased appreciably and suggest modification, or curtailment of its White Sands Missile Range and

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Holloman Air Force Base, where the Widemouth Blindcat (Satan far west as the San Jacinto and Trinity White Sands pupfish typically occurs in eurystomus) Rivers, Texas, eastward through the clear, shallow water over a variety of The widemouth blindcat is a catfish Neches and Sabine systems into the Red substrates, ranging from sand and gravel known to occur in five artesian wells River and Bayou Pierre of north central to silt and mud (NatureServe 2007, U.S. penetrating the San Antonio Pool of the Louisiana (Howells et al. 1996, 1997). Army et al. 2006). Edwards Aquifer in and near San We have information in our files that in Factor A: NatureServe (2007) Antonio, Bexar County, Texas an extensive survey for mussels throughout Texas, Howells (2006) found identifies habitat alteration as a threat to (NatureServe 2007). the species at only two sites in eastern the White Sands pupfish. According to Factor A: Ono et al. (1983) identify Texas and concluded that it has NatureServe (2007), feral horses degrade decreasing water levels in the Edwards declined in Texas in recent decades. aquatic habitats; however, no further Aquifer and contamination from chemical pollution as threats to the Factor A: NatureServe (2007) discussion was provided. We have no indicates that general human information that feral horses occur in toothless blindcat. The Edwards Aquifer supplies irrigation and drinking water to modification of the area, including that portion of the Tularosa Basin; timber cutting, gravel and sand removal, the area around San Antonio, Texas however, information in our files is impacting mussel species within the (Ono et al. 1983). Projected increases in indicates that oryx (Oryx gazelle), an region. The Louisiana Department of the human population around San exotic African ungulate, occurs and Wildlife and Fisheries (2007) identifies Antonio will likely result in an increase breeds year long in the area (Rowley loss of habitat as a result of siltation and in water usage which would lower the 2001). NatureServe (2007) states that impoundments, and stream pollution as water level in the aquifer to below the missile impact in pupfish habitat may threats to the species in that state. rainfall recharge zone (Ono et al. 1983). affect or eliminate a population. We Additional threats likely to affect the In addition, Anderson et al. (1995) have information in our files that species in Texas are poor land and includes local habitat disturbances, missile firing activity occurs in the area water management practices resulting in such as the alteration of instream flow (U.S. Army et al. 2006). According to the loss of mussel habitat (Howells et al. and eutrophication as threats to the NatureServe (2007), surface water 1997) and improper flow control from species. Eutrophication is caused by an withdrawal is prohibited, but military an upstream dam in the Neches River excess of nutrients, such as nitrogen and activities, such as road construction, (Howells 2006). may require the use of groundwater, phosphorus, which stimulate excessive Factor B: Turgeon et al. (1998) which may affect the quality of aquatic plant growth that results in the identify overharvesting as a threat to habitats. NatureServe (2007) states that depletion of dissolved oxygen needed mussel species in general; however, no introduced salt cedar (Tamarix spp.) has by the toothless blindcat. information specific to this species was As such, the species may be spread throughout the area occupied by presented. vulnerable to pollution and depletion of the pupfish and may affect water levels Factors C and D: No information was the aquifer (Ono et al. 1983). In or suitability of pupfish habitat. presented in the petition concerning addition, Anderson et al. (1995) NatureServe (2007) states that the use of threats to this species from these factors. includes local habitat disturbances, off-road vehicles by recreationalists or Factor E: Turgeon et al. (1998) such as the alteration of instream flow for military activities is a threat to the identify contamination by viruses, and eutrophication, as being threats to species; however, no further discussion bacteria, harmful algal blooms, and the species. is provided. toxic chemicals as threats to shellfish; Factors B, C, and D: No information however, no information specific to the Factors B and C: No information was was presented in the petition Louisiana pigtoe was provided. Turgeon presented in the petition concerning concerning threats to this species from et al. (1998) also identify competition threats to this species from these factors. these factors. from introduced species as a threat to Factor E: Competition may be a threat Factor D: The White Sands pupfish is mollusk species in general; however, no due to the rapid increase of exotic managed under the implementation of a information specific to the Louisiana species within the widemouth management plan jointly administered pigtoe was provided. by NMDGF, the Service, the U.S. blindcat’s occupied habitat (Anderson et Based on our evaluation of the National Park Service, Holloman Air al. 1995). information provided in the petition, we Based on our evaluation of the Force Base, and White Sands Missile have determined that the petition information provided in the petition, we Range (NatureServe 2007). We do not presents substantial information to have determined that the petition have information on the effectiveness of indicate that listing the Louisiana pigtoe presents substantial information to the implementation of this management may be warranted due to the present or indicate that listing the widemouth plan; however, we will evaluate it more threatened destruction, modification, or blindcat may be warranted due to the thoroughly during our status review for curtailment of its habitat or range present or threatened destruction, the species. resulting from general human modification, or curtailment of its modification of the water and adjacent Factor E: No information was habitat or range other natural or land, siltation, impoundments, and presented in the petition concerning manmade factors affecting its continued water pollution. threats to this species from this factor. existence resulting from water Based on our evaluation of the drawdown and pollution, or to other Sangre de Cristo Peaclam (Pisidium information provided in the petition, we natural or manmade factors affecting its sanguinichristi) have determined that the petition continued existence resulting from The Sangre de Cristo peaclam is a presents substantial information to competition. small freshwater clam known to occur indicate that listing the White Sands Clams in Middle Fork Lake, Taos County, New pupfish may be warranted, resulting Mexico (NMDGF 2008). It is found in from an exotic ungulate, missile-firing Louisiana Pigtoe (Pleurobema riddellii) mud along emergent grasses in sheltered activity, water withdrawal, and the The Louisiana pigtoe is a freshwater embankments and rocky substrates. introduced plant salt cedar. mussel historically known to occur as NMDGF (2008) cites Taylor (1987), who

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suggested the clam may occur in other toxic chemicals as threats to shellfish; mussel species in general; however, no portions of the southern Rocky however, no information specific to the information specific to this species was Mountains, but his surveys and those Sangre de Cristo peaclam was provided. presented. initiated by NMDGF in the mid-1990s Turgeon et al. (1998) also identify Factors C and D: No information was have failed to find additional competition from introduced species as presented in the petition concerning occurrences of the clam. We were a threat to mollusk species in general; threats to this species from these factors. petitioned to list the Sangre de Cristo however, no information specific to the Factor E: Turgeon et al. (1998) peaclam in 1985 by NMDGF. In 1987, Sangre de Cristo peaclam was provided. identify contamination by viruses, we published a finding on the petition Based on our evaluation of the bacteria, harmful algal blooms, and indicating that the petitioned action was information provided in the petition, we toxic chemicals as threats to shellfish; warranted, but precluded by work on have determined that the petition however, no information specific to the higher priority listings (July 1, 1987; 52 presents substantial information to southern purple liliput was provided. FR 24485). In 1991, we classified this indicate that listing the Sangre de Cristo Turgeon et al. (1998) also identify species as a candidate 2, a taxon for peaclam may be warranted due to the competition from introduced species as which information in our possession present or threatened destruction, a threat to mollusk species in general; indicated that proposing to list was modification, or curtailment of its however, no information specific to the possibly appropriate, but for which habitat or range resulting from water southern purple liliput was provided. persuasive data on biological pollution. Based on our evaluation of the information provided in the petition vulnerability and threat were not Southern Purple Lilliput (Toxolasma and our files, we have determined that available to support a proposed listing corvunculus) rule. On December 5, 1996, we the petition presents substantial published a rule that discontinued the The southern purple lilliput is a small information to indicate that listing the practice of keeping a list of category 2 freshwater mussel reported from Swamp southern purple lilliput may be candidate species (61 FR 64481), and Creek, Whitfield County, Georgia; warranted due to the present or the Sangre de Cristo peaclam was no Village Creek, Jefferson County, threatened destruction, modification, or longer considered a candidate species. Alabama; the Sipsey Fork and Cahaba curtailment of its habitat or range Factor A: NatureServe (2007) River in Alabama, and historically from resulting from impoundments and poor indicates that threats to the clam may Lake Ashby, Volusia County, Florida water quality. include mining, water pollution from (NatureServe 2007). Current information fish and forest fire management, and in our files indicates that it may remain Triangle Pigtoe (Fusconaia lananensis) dewatering due to population growth. in four locations: the Sipsey Fork, Little The triangle pigtoe is a freshwater NMDGF (2008) supports the assertions Cahaba River, two tributaries to the mussel known to occur in the Neches of NatureServe (2007) in noting that Middle Coosa River, and a site in the and San Jacinto Rivers and Village runoff from placer mining and water Tallapoosa drainage, all within the Creek in three counties in eastern Texas pollution from fish and forest fire Mobile River basin of Georgia and (Howells et al. 1996, NatureServe 2007). management may threaten the species, Alabama (J. Powell 2009, pers. comm.). It is known from collections at 45 sites but does not speak to the threat of According to NatureServe (2007), Isely on the Neches River and 13 on the San dewatering. NatureServe (2007) reported it in 1924 from Cherokee Jacinto River (Howells et al. 1997). It is provides no discussion indicating County, Oklahoma, but records remain believed to be extirpated from all but whether dewatering due to population unconfirmed, and Branson (1982; 1983; one tributary to the Neches River and growth is occurring in occupied 1984) does not include this species in possibly extirpated from the San Jacinto habitats. We do not consider the the mussel fauna of Oklahoma. This River (Howells et al. 1997). This information presented concerning species is known to inhabit the same species’ habitat primarily consists of dewatering to meet the substantial tributaries of the Coosa River in which mixed mud, sand, and fine gravel in information standard. the Georgia pigtoe mussel, interrupted small rivers (Howells et al. 1996). Factor B: Turgeon et al. (1998) rocksnail, and rough hornsnail have Factor A: According to NatureServe identify overharvesting as a threat to recently been proposed as endangered (2007) and Howells et al. (1997), sand mussel species in general; however, no with critical habitat (74 FR 31114, June deposition from environmental information specific to this species was 29, 2009). disturbances to the San Jacinto River presented. Factor A: Hurd (1974) indicates that has caused either the depletion or Factor C: No information was habitat degradation as a result of human extirpation of the species in that river. presented in the petition concerning activities, such as creation of Howells et al. (1997) indicate that the threats to this species from this factor. hydroelectric and other impoundments, population declines are likely due to Factor D: NMDGF (2008) indicates and contamination with sewerage, poor land and water management that a conservation assessment plan for insecticides, and other chemicals, practices that have resulted in the loss this species between the Service, U.S. threatens the species. Dams eliminate or of mussel habitat. Forest Service, and NMDGF was reduce river flow within impounded Factor B: Turgeon et al. (1998) formalized in 1996. According to areas, cause sediment deposition, alter identify overharvesting as a threat to NMDGF (2008), the plan ‘‘calls for water temperature and dissolved oxygen mussel species in general; however, no multi-agency research and management levels, change downstream water flow information specific to this species was efforts direct at protection of the and quality, affect normal flood presented. species.’’ We do not have information patterns, and block upstream and Factors C and D: No information was on the effectiveness of the downstream movement of species (74 presented in the petition concerning implementation of this plan; however, FR 31114). McGregor et al. (2000) also threats to this species from these factors. we will evaluate it more thoroughly indicates that poor water quality in the Factor E: Turgeon et al. (1998) during our status review for the species. Cahaba River from high nutrient inputs identify contamination by viruses, Factor E: Turgeon et al. (1998) may threaten the species there. bacteria, harmful algal blooms, and identify contamination by viruses, Factor B: Turgeon et al. (1998) toxic chemicals as threats to shellfish; bacteria, harmful algal blooms, and identify overharvesting as a threat to however, no information specific to the

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triangle pigtoe was provided. Turgeon et species, we do not consider restricted Factors B, C, and D: No information al. (1998) also identify competition from geographic distribution to be a threat. was presented in the petition introduced species as a threat to Based on our evaluation of the concerning threats to this species from mollusk species in general; however, no information provided in the petition, we these factors. information specific to the triangle have determined that the petition Factor E: Climate change may be a pigtoe was provided. presents substantial information to threat, based on fossil evidence that the Based on our evaluation of the indicate that listing the Bylas range has contracted to higher information provided in the petition, we springsnail may be warranted due to the elevations of the mountain occupied by have determined that the petition present or threatened destruction, the species (Metcalf and Smartt 1997). presents substantial information to modification, or curtailment of its Its declining trend is estimated to be 10 indicate that listing the triangle pigtoe habitat or range resulting from water to 30 percent due to its range may be warranted due to the present or modification and livestock grazing. contraction attributed to drying of the threatened destruction, modification, or climate in the past ten thousand or more Cook’s Peak Woodlandsnail years (Metcalf and Smartt 1997), which curtailment of its habitat or range (Ashmunella macromphaia) resulting from sand deposition, and suggests that the range may continue to poor land and water management The Cook’s Peak woodlandsnail is contract with continued warming of the practices. known to occur on two rock slides, 400 climate. m (1,312 ft) apart, on Cooke’s Peak in Based on our evaluation of the Snails Luna County, New Mexico, and in a information provided in the petition, we have determined that the petition Bylas Springsnail (Pyrgulopsis arizonae) single isolated population located in OK Canyon in Carson National Forest, presents substantial information to indicate that listing the Cook’s Peak The Bylas springsnail is a small northern New Mexico (Lang 2000). woodlandsnail may be warranted due to freshwater snail known to occur in three According to NMDGF (2008), the snails the present or threatened destruction, springs on the north bank of the Gila occupy the edges of the talus, where modification, or curtailment of its River between Bylas and Pima in they occur under rocks, soil, and debris. habitat or range, resulting from fire, Graham County, southeastern Arizona The snail also uses the vegetation rockslides, and mining, and to other (AGFD 2003). According to AGFD surrounding the talus such as oaks natural manmade factors affecting its (2003), the Bylas springsnail occurs in (Quercus sp.), which provide food and continued existence resulting from springs that are mildly thermal, ranging shelter for the species (NMDGF 2008). climate change. from 26 to 32 degrees Celsius (79 to 90 Fossil shells were found at the base of degrees Fahrenheit). The most abundant Cooke’s Peak (Metcalf and Smartt 1997) Dona Ana Tallussnail (Sonorella submergent vegetation is Chara spp., indicating that the species likely todseni) and species of sedges and Distichlis occupied more of the mountain. The The Dona Ana tallussnail is known to (saltgrass) grow along the margins of the Cook’s Peak woodlandsnail was springs. The species is most abundant be restricted to the Dona Ana formerly a candidate 2 species, a taxon Mountains, a small mountain range in on dead wood, gravel, and pebbles for which information in our possession (AGFD 2003). The Bylas springsnail was Dona Ana County, New Mexico (Metcalf indicated that proposing to list was and Smartt 1997). According to formerly a candidate 2 species, a taxon possibly appropriate, but for which for which information in our possession NatureServe (2007), the known persuasive data on biological population size is small, estimated at indicated that proposing to list was vulnerability and threat were not possibly appropriate, but for which less than 1,000 individuals. Although available to support a proposed listing Sullivan (1997) estimated the occupied persuasive data on biological rule. This species has had no Federal vulnerability and threat were not range to be 0.4 ha (1.0 ac), Lang (2000) Endangered Species Act status since the found it at a few additional sites in the available to support a proposed listing practice of maintaining a list of rule. This species has had no Federal mountain range. The Dona Ana candidate 2 species was discontinued in tallussnail was formerly a candidate 2 Endangered Species Act status since the 1996. practice of maintaining a list of species, a taxon for which information Factor A: NatureServe (2007) candidate 2 species was discontinued in in our possession indicated that indicates this species may be threatened 1996. proposing to list was possibly by mining activities and wildfire. appropriate, but for which persuasive Factor A: According to AGFD (2003), According to NMDGF (2008), natural data on biological vulnerability and the snail is threatened by water perturbations of its habitat such as fire threat were not available to support a development, including pond and rockslides, and mining (surface and proposed listing rule. This species has construction, and habitat degradation underground) represent the primary had no Federal Endangered Species Act due to livestock grazing. AGFD (2003) threats to the species. NatureServe status since the practice of maintaining recommends fencing of the springs to (2007) further notes that the mountain a list of candidate 2 species was protect them from the effects of grazing. occupied by the species is grazed by discontinued in 1996. Factor B, C, and D: No information cattle, but that the rocky slopes Factors A: NatureServe (2007) stated was presented in the petition occupied by the woodlandsnail are not that the mountain does not appear to concerning threats to this species from favored by cattle. Lang (2000) have recreational values that would these factors. documented grazing at the type locality threaten the species. NatureServe (2007) Factor E: According to AGFD (2003), for this species and notes that although further notes ‘‘whether mining is a the species is threatened by its restricted cattle likely don’t graze the rocky threat needs to be determined.’’ Lang geographic distribution with associated slopes, intense grazing of the woody (2000) indicates extant populations are potential for extinction due to chance vegetation surrounding the rocky slope highly vulnerable to any forms of soil events. In the absence of information can potentially decrease leaf litter disturbance, including foot traffic by identifying other threats to the species available as food for snails. To this end, human or cattle, or mining activities, and linking those threats to the Lang (2000) recommends exclusion of but does not indicate whether these restricted geographic distribution of the grazing from these areas. activities are occurring or are likely to

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occur in tallussnail habitats. We do not was formerly a candidate 2 species, a Endangered Species Act status since the consider the information provided in taxon for which information in our practice of maintaining a list of NatureServe (2007) and Lang (2000) to possession indicated that proposing to candidate 2 species was discontinued in be meet the substantial information list was possibly appropriate, but for 1996. standard. which persuasive data on biological Factor A: According to the AGFD Factors B and C: No information was vulnerability and threat were not (2001), threats to the snail include presented in the petition concerning available to support a proposed listing groundwater depletion, subsequent loss threats to this species from these factors. rule. This species has had no Federal of spring flows, and habitat degradation Factor D: NatureServe (2007) Endangered Species Act status since the due to livestock use. Grapevine and indicates this species is listed by the practice of maintaining a list of Whiskey springs are fenced to prevent State of New Mexico as an endangered candidate 2 species was discontinued in access by livestock, but Tassi Springs is species, which prohibits collection 1996. not fenced, and livestock can access the without a permit; however, Factor A: According to AGFD (2003), spring complex. We also have overcollection was not identified as a the species is threatened by information in our files that ungulate threat under Factor B above. groundwater depletion and reduction of grazing causes degradation of spring Additionally, NatureServe (2007) notes spring flows. AGFD (2003) further habitats in Arizona (Service 2008c). that a portion of the range of the species indicates that protection of spring AGFD (2001) further indicates that occurs on BLM lands in an Area of sources is a needed management fencing of habitats is a needed Critical Concern, although they note activity. management activity. that the adequacy of protection due to Factor B, C, and D: No information Factor B, C, D, and E: No information this designation needs to be reviewed was presented in the petition was presented in the petition further. We have determined that this concerning threats to this species from concerning threats to this species from information does not meet the these factors. these factors. substantial information standard. Factor E: According to AGFD (2003), Based on our evaluation of the Factor E: NatureServe (2007) claims the species’ restricted geographic information provided in the petition, we that restricted range and low numbers of distribution makes it vulnerable to have determined that the petition occurrences of this species are a threat. extinction due to chance events. In the presents substantial information to In the absence of information absence of information identifying other indicate that listing the Grand Wash identifying other threats to the species threats to the species and linking those springsnail may be warranted due to the and linking those threats to the threats to the restricted geographic present or threatened destruction, restricted range and rarity of the species, distribution of the species, we do not modification, or curtailment of its we do not consider restricted range or consider restricted geographic habitat or range, resulting from rarity to be a threat. Old shells found at distribution to be a threat. groundwater depletion, loss of spring the base of the small occupied mountain Based on our evaluation of the flows, and livestock use. beyond the currently occupied sites information provided in the petition, we (NatureServe 2007) suggest that the have determined that the petition Huachuca Woodlandsnail (Ashmunella range of the species has contracted over presents substantial information to levettei) time. Sullivan (1997) indicates that indicate that listing the Gila tryonia may The Huachuca woodlandsnail is range contraction is attributed to drying be warranted due to the present or known to occur in Arizona and New of the climate in the past 10 thousand threatened destruction, modification, or Mexico (NatureServe 2007). No further years and suggests that the range will curtailment of its habitat or range, information regarding the historical or continue to contract with continued resulting from groundwater depletion current distribution or status of the warming of the climate. and reduction of spring flows. species was presented. Based on our evaluation of the Grand Wash Springsnail (Pyrgulopsis Factors A, B, C, and D: No information provided in the petition, we bacchus) information was presented in the have determined that the petition petition concerning threats to this presents substantial information to The Grand Wash springsnail is a species from these factors. indicate that listing the Dona Ana small freshwater snail known to occur Factor E: Fairbanks and Miller (1983) tallussnail may be warranted due to in Grapevine, Whisky, and Tassi springs documented inbreeding and the other natural or manmade factors within the Grand Wash trough, Mohave subsequent loss of heterozygosity (a affecting its continued existence County, northwestern Arizona (AGFD measure of genetic diversity) in several resulting from climate change. 2001). Empty shells suspected to be the populations of Huachuca Grand Wash springsnail were collected Gila Tryonia (Tryonia gilae) woodlandsnail. We are aware that from the southern end of the Virgin inbreeding can act as a stressor in small The Gila tryonia is a freshwater snail Mountains, Clark County, southeastern populations. known to occur in springs on the north Nevada (AGFD 2001). Where they occur, Based on our evaluation of the side of the Gila River between Bylas and the snail may be very abundant, in the information provided in the petition, we Pima in Graham County, Arizona tens of thousands, with as many as 30 have determined that the petition (NatureServe 2007). The species can be to 50 snails being found on a single presents substantial information to found on dead wood, leaves, or stones submerged cottonwood leaf (AGFD indicate that listing the Huachuca in spring or springbrooks (Taylor 1987). 2001). The Grand Wash springsnail was woodlandsnail may be warranted due to Its habitat consists of spring sources that formerly a candidate 2 species, a taxon other natural or manmade factors are all mildly thermal, ranging from 26 for which information in our possession affecting its continued existence to 32 degrees Celsius (79 to 90 degrees indicated that proposing to list was resulting from inbreeding. Fahrenheit) (AGFD 2003). The most possibly appropriate, but for which abundant submergent vegetation is persuasive data on biological Kingman Springsnail (Pyrgulopsis Chara spp., and species of sedges and vulnerability and threat were not conica) Distichlis (saltgrass) grow along the available to support a proposed listing The Kingman springsnail is known to margins of the springs. The Gila tryonia rule. This species has had no Federal occur in the Burns, Dripping, and Cool

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springs in the Black Mountains near groundwater withdrawal and have determined that the petition Kingman, Mohave County, Arizona. The groundwater contamination. presents substantial information to species is a gill breather and, therefore, indicate that listing the Mineral Creek Mineral Creek Mountainsnail (Oreohelix requires perennially flowing water mountainsnail may be warranted due to pilsbryi) (AGFD 2003). Springsnails in the genus the present or threatened destruction, Pyrgulopsis are generally found on rock The Mineral Creek mountainsnail is a modification, or curtailment of its or aquatic plants in moderate current. snail known to occur in a small habitat or range resulting from habitat Factor A: According to AGFD (2003), limestone outcrop in the Black Range disturbance. the species is threatened by mountains of Sierra County, New groundwater depletion and reduction of Mexico (NatureServe 2007; Metcalf and Pecos Springsnail (Pyrgulopsis spring flows. AGFD (2003) also states Smartt 1997; Lang 2000). The species pecosensis) can be found in moist limestone that development is a threat to the The Pecos springsnail is known to crevices and in soil and leaf litter species. AGFD (2003) further indicates occur in southeastern New Mexico beneath limestone rocks. The occupied that protection of the remaining known (Taylor 1987). This snail is known only spring sources is a needed management patches within the outcrop may total less than 0.4 ha (1 ac). Fossil shells are from Blue and Castle springs (Eddy activity. County), which are key habitat areas in Factor B, C, and D: No information common throughout much of the outcrop, indicating a larger historic the State (NMDGF 2008). The historic was presented in the petition range of the Pecos springsnail includes concerning threats to this species from range (NatureServe 2007). The site is on the Gila National Forest (NatureServe areas in New Mexico, but is not found these factors. beyond the State’s borders (NMDGF Factor E: According to AGFD (2003), 2007). 2008). The species is an aquatic, gilled the species’ restricted geographic Factor A: According to NatureServe species found along edges of streams in distribution makes it vulnerable to (2007), threats may include natural mud and pebble substrate (NMDGF extinction due to chance events. In the disturbances, such as fire and rock 2008). At Blue Springs, the species is absence of information identifying other slides. Lang (2000) indicates the species most common at the spring source. The threats to the species and linking those is highly vulnerable to any form of soil stream supports dense masses of Chara threats to the restricted geographic disturbance or mining activity. spp. with an abundance of emergent and distribution of the species, we do not NatureServe (2007) further indicates riparian plants including Salix spp. consider restricted geographic that the area is grazed by livestock, but (willows), Cladium jamaicense distribution to be a threat. the snail inhabits rocky areas that are Based on our evaluation of the not favored by livestock. (sawgrass), cattails, and watercress information provided in the petition Factor B: According to NatureServe (NMDGF 2008). Flows in this spring are and in our files, we have determined (2007) the site is remote and not easily substantial, and the water quality is that the petition presents substantial accessed and does not appear to have excellent (NMDGF 2008). At Castle information to indicate that listing the recreation values that would threaten Springs, habitat is smaller and lower in Kingman springsnail may be warranted the species with overutilization for water quality due primarily to lower due to the present or threatened recreational purposes. flows and more frequent flood-scouring destruction, modification, or Factor C: No information was of the arroyo into which the spring curtailment of its habitat or range presented in the petition concerning issues (NMDGF 2008). resulting from groundwater depletion threats to this species from this factor. Factor A: NMDGF (2008) indicates with loss of spring flow and human Factor D: According to NatureServe that a significant threat to the Pecos development. (2007), the species is listed by the State springsnail is dewatering, which results as endangered, which protects from diversion, drought, and Mimic Cavesnail (Phreatodrobia individuals from collection without a underground pumping in the area. imitata) permit, but does not protect its habitat. Additional threats may include loss or The mimic cavesnail is known from The site is in the Gila National Forest, alteration of habitat due to pollution two wells penetrating the Edwards which must issue permits for mining or from oil and gas exploration and Aquifer, Texas (NatureServe 2007). other activities that could impact the production in the vicinity. According to Factor A: Several species that occur in species. NMDGF (2008), the problem of flood- the Edwards Aquifer are known to be Factor E: According to NatureServe scouring is present at both Blue and facing the threats of loss of habitat due (2007), the species may be threatened by Castle springs due to improper range- to groundwater withdrawal and its narrow range and low number of management and the disturbance of groundwater contamination (Service occurrences. In the absence of surface soils. 1996). Because the mimic cavesnail co- information identifying other threats to Factor B, C, D, and E: No information occurs with these species, it may be the species and linking those threats to was presented in the petition facing the same threats. the limited range of the species, we do Factors B, C, D, and E: No information not consider limited range to be a threat. concerning threats to this species from was presented in the petition NatureServe (2007) also notes that these factors. concerning threats to this species from climate change may be a threat, based Based on our evaluation of the these factors. on fossil evidence that the range has information provided in the petition, we Based on our evaluation of the contracted within the limestone outcrop have determined that the petition information provided in the petition, we occupied by the species; however, no presents substantial information to have determined that the petition supporting information was presented indicate that listing the Pecos presents substantial information to that allows us to verify these claims. We springsnail may be warranted due to the indicate that listing the mimic cavesnail have determined that this information present or threatened destruction, may be warranted due to the present or does not meet the substantial modification, or curtailment of its threatened destruction, modification, or information standard. habitat or range resulting from curtailment of its habitat or range Based on our evaluation of the dewatering, pollution, and flood resulting from resulting from information provided in the petition, we scouring.

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Pinaleno Talussnail (Sonorella Quitobaquito Tryonia (Tryonia construction and mining. According to grahamensis) quitobaquitae) AGFD (2003), development of habitat, The Pinaleno talussnail is a land snail The Quitobaquito tryonia is a including mine expansion and found in rockslides from the northeast freshwater snail known to occur in prospecting, may be a threat to the slope of Mount Graham south to the Quitobaquito Springs, Pima County, species. AGFD (2003) further indicates vicinity of Arcadia Campground in the Arizona (AGFD 2003). The species has that protection of habitat from direct Pinaleno Mountains, Graham County, been documented from three springs in and indirect effects of mining is a needed management activity. We have Arizona (AGFD 2003). The Pinaleno the spring complex (NatureServe 2007). information readily available in our files talussnail was formerly a candidate 2 According to AFGD (2003), the species indicating that the general area species, a taxon for which information requires flowing water and has been occupied by the talussnail is known for in our possession indicated that extirpated from parts of the spring its mining potential (El Paso Natural Gas proposing to list was possibly complex. The Quitobaquito tryonia was Company et al. 1998). appropriate, but for which persuasive formerly a candidate 2 species, a taxon Factors B: NatureServe (2007) data on biological vulnerability and for which information in our possession indicates overcollection may be a threat threat were not available to support a indicated that proposing to list was to this species, but provides no proposed listing rule. This species has possibly appropriate, but for which additional information indicating that had no Federal Endangered Species Act persuasive data on biological over-collection may be occurring. We status since the practice of maintaining vulnerability and threat were not have determined that this information a list of candidate 2 species was available to support a proposed listing does not meet the substantial discontinued in 1996. rule. This species has had no Federal information standard. Factor A: The species is known to co- Endangered Species Act status since the Factor C: AGFD (2003) notes that occur with the federally endangered practice of maintaining a list of predation by rodents may be a potential Mount Graham squirrel in the Pinaleno candidate 2 species was discontinued in threat to the species, but provides no Mountains and may be facing threats 1996. information indication that predation is such as potential intense fires resulting Factor A: According to AGFD (2003), occurring or is likely to occur in the from increased fuel loads (Service 1993, the Quitobaquito tryonia is threatened future. We have determined that this pp. 22). Because fires have been with habitat loss and degradation from information does not meet the suppressed for a period of time, dead groundwater pumping, water depletion, substantial information standard. brush and decayed plant matter has and growth of thick vegetation which Factor D: The El Paso Natural Gas built up on top of the talus slopes so inhibits free flowing water. AGFD Company, Arizona Electric Power that the heat of a large fire may be (2003) further indicates that protection Cooperative, AGFD, and Service are intense enough to kill the snails in the of spring source and restoration of parties to a conservation agreement for talus below (AGFD 2003). previously occupied habitats are needed the San Xavier talussnail that was Factor B: The snail inhabits land management actions. signed in 1998 (El Paso Natural Gas primarily used for recreation; however, Factor B, C, and D: No information Company et al. 1998). We do not have the telescope complex on Mount was presented in the petition information on the effectiveness of the Graham and an increase in camping and concerning threats to this species from implementation of this conservation recreational sites are not expected to these factors. agreement; however, we will evaluate it impact these snails to a great extent Factor E: According to AGFD (2003), more thoroughly during our status (AGFD 2003). the Quitobaquito tryonia is restricted in review for the species. Factors C and D: No information was distribution with the associated Factor E: AGFD (2003) identifies presented in the petition concerning potential for extinction due to chance restricted distribution as a threat to the threats to this species from these factors. events. In the absence of information San Xavier talussnail. In the absence of Factor E: AGFD (2003) indicates this identifying other threats to the species additional information identifying other snail faces restricted and declining and linking those threats to the threats to the species and linking one or distribution with associated potential restricted distribution of the species, we more of those threats to the species, we for extinction due to chance events. In do not consider restricted distribution to do not consider rarity to be a threat. the absence of information identifying be a threat. Based on our evaluation of the other threats to the species and linking Based on our evaluation of the information provided in the petition, we those threats to the restricted information provided in the petition, we have determined that the petition distribution of the species, we do not have determined that the petition presents substantial information to consider restricted distribution to be a presents substantial information to indicate that listing the San Xavier threat. AGFD (2003) further notes that indicate that listing the Quitobaquito talussnail may be warranted due to the since 1954, the mimic talussnail tryonia may be warranted due to the present or threatened destruction, (Sonorella imitator) is becoming more present or threatened destruction, modification, or curtailment of its common over the range previously modification, or curtailment of its habitat or range as a result of mining inhabited by the Pinaleno talussnail, habitat or range, resulting from activities. although the reason for and impact of groundwater pumping and loss of free this replacement is unknown. flowing water. Squaw Park Talussnail (Maricopella Based on our evaluation of the allynsmithi) information provided in the petition, we San Xavier Talussnail (Sonorella The Squaw Park talussnail is known have determined that the petition eremita) to occur at Squaw Peak Park and presents substantial information to The San Xavier talussnail is known Mummy Mountain in Maricopa County, indicate that listing the Pinaleno from one location in the Mineral Hills Arizona. The snail’s habitat is north talussnail may be warranted due to the of Pima County, Arizona (NatureServe facing talus slopes; fourteen occur in present or threatened destruction, 2007). Squaw Peak Park and two on Mummy modification, or curtailment of its Factor A: NatureServe (2007) notes Mountain (Hoffman 1994). These snails habitat or range resulting from fire. that potential threats include nearby must inhabit very deep, open, talus

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where they can seal their shell openings a list of candidate 2 species was fires represent threats to this species to solid rock while being protected from discontinued in 1996. (U.S. Forest Service et al. 1999). heat and dryness by rock layers and Factor A: According to the AGFD Factor B and C: No information was plants above (AGFD 2009). Some of the (2003), the species is threatened by presented in the petition concerning sites are within a park managed by the water development and groundwater threats to this species from these factors. city of Phoenix. The Squaw Park depletion. AGFD (2003) further Factor D: The U.S. Forest Service, talussnail was formerly a candidate 2 indicates that protection of spring Service, and Arizona Game and Fish species, a taxon for which information sources is a needed management action. Commission are parties to a in our possession indicated that Factors B, C, and D: No information conservation agreement for the Wet proposing to list was possibly was presented in the petition Canyon talussnail that was signed in appropriate, but for which persuasive concerning threats to this species from 1999 (U.S. Forest Service et al. 1999). data on biological vulnerability and these factors. We do not have information on the threat were not available to support a Factor E: The AGFD (2003) identifies effectiveness of the implementation of proposed listing rule. This species has a restricted geographic range as a threat this conservation agreement; however, had no Federal Endangered Species Act to the species. In the absence of we will evaluate it more thoroughly status since the practice of maintaining additional information identifying other during our status review for the species. a list of candidate 2 species was threats to the species and linking one or Factor E: AGFD (2004) indicates that discontinued in 1996. more of those threats to the species, we this species has a highly restricted Factor A: According to AGFD (2009), do not consider rarity to be a threat. distribution with associated potential the Squaw Park talussnail is restricted Based on our evaluation of the for extinction due to chance events. In in distribution and may be threatened information provided in the petition, we the absence of information identifying by residential development, which may have determined that the petition other threats to the species and linking modify or destroy its occupied habitat. presents substantial information to those threats to the restricted The city of Phoenix occurs in Maricopa indicate that listing the Verde Rim distribution of the species, we do not County, and its population is predicted springsnail may be warranted due to the consider restricted distribution to be a to continue to grow at a rapid rate present or threatened destruction, threat. (Gammage et al. 2008, p. 51), which modification, or curtailment of its Based on our evaluation of the supports the claim that development habitat or range, resulting from water information provided in the petition, we may threaten the species. AGFD (2009) development and groundwater have determined that the petition also states that the species may be depletion. presents substantial information to threatened by habitat modification or Wet Canyon Talussnail (Sonorella indicate that listing the Wet Canyon destruction due to human recreational macrophallus) talussnail may be warranted due to the activity such as hiking and climbing off The Wet Canyon talussnail is a land present or threatened destruction, trails. modification, or curtailment of its Factors B, C, D, and E: No information snail found only in talus slopes above approximately a 1-mile length of Wet habitat or range resulting from was presented in the petition recreation and fire. concerning threats to this species from Canyon on the northeast slope of the these factors. Pinaleno Mountains in Graham County, Insects Arizona (AGFD 2004). No other Based on our evaluation of the Colorado Tiger Beetle (Cicindela information provided in the petition locations are known at this time. Recent theatina) and in our files, we have determined surveys in 2001 and 2002 by the AGFD that the petition presents substantial (2004) documented live talussnails The Colorado tiger beetle, also known information to indicate that listing of further upstream and downstream in the as the Great Sand Dunes tiger beetle, is the Squaw Park talussnail may be Wet Canyon watershed than was a narrow endemic known only from the warranted due to the present or previously reported, but the identity of sand dunes of the Great Sand Dunes threatened destruction, modification, or the talussnails has not been confirmed. National Park and adjacent lands in the curtailment of its habitat or range They also reported finding several live San Luis Valley, Colorado (NatureServe resulting from residential development unidentified talussnails in the nearby 2007). Adult Colorado tiger beetles and recreational activities such as Twilight Canyon drainage, upstream of prefer sandy slopes with sparse bunches hiking and climbing off trails. Highway 366, and in an unnamed of vegetation, generally less than 15- drainage uphill of Twilight Creek percent vegetative cover, but are not Verde Rim Springsnail (Pyrgulopsis (AGFD 2004). This species requires a found on open sand (Pineda and glandulosa) somewhat wetter and possibly a lower Kondratief 2003, p. 1). Larvae are The Verde Rim springsnail is a small elevation habitat when compared to restricted to burrowing in the cooler, freshwater snail known to occur in the other talus-inhabiting snails (AGFD more moist, and leeward, especially Nelson Place Spring complex in 2004). northeast, sides of the dunes. Suitable Yavapai County, Arizona (AGFD 2003). Factor A: Human recreational activity habitat is restricted to 290 square The spring complex has two springs 150 from a nearby campground and hiking kilometers (Pineda and Kondratief 2003, m (500 ft) apart (AGFD 2003). The Verde trail may negatively impact this species p. 1). No accurate population estimates Rim springsnail was formerly a and its habitat by causing talus removal are available, although Nature Serve candidate 2 species, a taxon for which and infilling of the crevices in the talus (2007) provided an educated guess of information in our possession indicated that the snail occupies (AGFD 2004). 1000 to 10,000 individuals. that proposing to list was possibly Fire suppression in the area has Factor A: (NatureServe 2007) appropriate, but for which persuasive increased fuel loads, which threatens identifies the off-site depletion of data on biological vulnerability and the species with intense wildfires and groundwater in the San Luis Valley as threat were not available to support a post-fire ash flows (AGFD 2004). an imminent threat to the species; it proposed listing rule. This species has Information readily available in our files could change the hydrology of the sand had no Federal Endangered Species Act supports the assertions by AGFD (2004) dunes, possibly altering moisture status since the practice of maintaining that recreational activities and intense gradients in the sands and decreasing

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the stability of the dunes. A reduced indicate that listing the Edwards 1996; Dahms and Geils 1997; Danzer et water table could also result in Aquifer diving beetle may be warranted al. 1997). increased shrubby vegetation, which due to the present or threatened Factors B, C, D, and E: No information would reduce the quality of the habitat destruction, modification, or was presented in the petition for the tiger beetle (P. Bovin 2009, pers. curtailment of its habitat or range concerning threats to this species from comm.). NatureServe (2007) states that resulting from water drawdown and loss these factors. visitor use at the park may cause of water quality due to development. Based on our evaluation of the trampling of tiger beetle burrows. information provided in the petition Ferris’s Copper (Lycaena ferrisi) Approximately three-quarters of the and information in our files, we have known tiger beetle locations occur Ferris’s copper is a butterfly known to determined that the petition presents within the Great Sand Dunes National occur in the White Mountains of substantial information to indicate that Park, where tiger beetles are generally Apache County, near McNary and listing of this Notodontid moth species protected from ground-disturbance Maverick, and in Greer County, Arizona may be warranted due to the present or impacts, such as off-road vehicles (P. (NatureServe 2007). The species can be threatened destruction, modification, or Bovin 2009, pers. comm.). At the found in meadows and marshes near curtailment of its habitat or range remaining known locations of the tiger Rumex hymeospalus (wild rhubarb), the resulting from fire. beetle on lands adjacent to the National plant species on which the larvae feed Notodontid Moth (no common name) Park, access is limited, offering some (NatureServe 2007). (Heterocampa sp. 1 nr. amanda) protection from ground-disturbance Factor A: AGFD (2002) indicates that impacts (P. Bovin 2009, pers. comm.). It fire suppression is a threat because it This Notodontid moth is known to is unclear from the information results in the invasion of meadow occur in oak-juniper woodland in reviewed the degree to which ground- habitats by dense conifer forests and an southern Arizona. It is known from Ash disturbance may be at threat to the understory of grasses. Eventual warm and Garden Canyons of the Huachuca Colorado tiger beetle; however, we season fires could be intense and Mountains, Cochise County, and at two intend to investigate the ground- eliminate some populations or localities in the Atascosa Mountains, disturbance factor more thoroughly in permanently alter previously suitable Santa Cruz County (AGFD 2005). our status review for the species. habitats. Although it is not explicitly Factor A: According to AGFD (2005) Factors B, C, D, and E: No information stated by AGFD (2002), we interpret and NatureServe (2007), this species is was presented in the petition their claim that fire suppression is a threatened by its limited range and concerning threats to this species from threat to be because the larval food states that a single event, such as an these factors. plant, Rumex hymeospalus, and extensive fire, could destroy or modify Based on our evaluation of the possibly individual larvae, would be its habitat in significant portions of the information provided in the petition destroyed or reduced in abundance as a moth’s small range. We have and in NatureServe, we have result of fire suppression. information in our files that fire determined that the petition presents Factors B, C, D, and E: No information suppression in southern Arizona forests substantial information to indicate that was presented in the petition has resulted in excessive fuel loads that listing of the Colorado tiger beetle may concerning threats to this species from encourage large, vegetation-destroying be warranted due to the present or these factors. wildfires (DeBano and Neary 1996; threatened destruction, modification, or Based on our evaluation of the Swetnam and Baisan 1996; Dahms and curtailment of its habitat or range information provided in the petition, we Geils 1997; Danzer et al. 1997). resulting from off-site depletion of have determined that the petition Factors B, C, D, and E: No information groundwater. presents substantial information to was presented in the petition indicate that listing the Ferris’s copper concerning threats to this species from Edwards Aquifer Diving Beetle may be warranted due to the present or these factors. (Haideoporus texanus) threatened destruction, modification, or Based on our evaluation of the The Edwards Aquifer diving beetle is curtailment of its habitat or range information provided in the petition known to occur in underground resulting from fire suppression. and information in our files, we have freshwater in the San Marcos pool of the determined that the petition presents Notodontid Moth (no common name) Edwards Aquifer, Hays County, Texas. substantial information to indicate that (Astylis sp. 1) According to NatureServe (2007), it is listing of this Notodontid moth species uncommon in water samples taken from This notodontid moth is known to may be warranted due to the present or the aquifer. occur in Ash Canyon of the Huachuca threatened destruction, modification, or Factor A: According to NatureServe Mountains in Cochise County, Arizona. curtailment of its habitat or range (2007), the Edwards Aquifer diving The AGFD (2005) indicates that further resulting from fire. beetle is threatened by aquifer study is needed to determine the moth’s drawdown and loss of water quality due population status and range, as well as Notodontid Moth (no common name) to increasing human population growth its life history traits. (Litodonta sp. 1 nr. alpina) in large cities using the water supply. Factor A: According to AGFD (2005) This Notodontid moth is known to We have information in our files that and NatureServe (2007), this species is occur only in upper Pinery Canyon on substantiates this claim (Service 1996, threatened by its limited range and that the west slope of the Chiricahua pp. 16-19). a single event, such as an extensive fire, Mountains in Cochise County, in Factors B, C, D, and E: No information could destroy or modify its habitat in all southeastern Arizona (AGFD 2005). was presented in the petition or a significant portion of the moth’s Factor A: AGFD (2005) indicates that concerning threats to this species from small range. We have information in our this species is threatened by its limited these factors. files that fire suppression in southern range and that a single event, such as an Based on our evaluation of the Arizona forests has resulted in excessive extensive fire, could eliminate information provided in the petition, we fuel loads that encourage large, significant portions of the moth’s small have determined that the petition vegetation-destroying wildfires (DeBano range. We have information in our files presents substantial information to and Neary 1996; Swetnam and Baisan that fire suppression in southern

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Arizona forests has resulted in excessive (NatureServe 2007). The moth appears resulting from fire, or to overutilization fuel loads that encourage large, to have declined more than any of the for commercial, recreational, scientific, vegetation-destroying wildfires (DeBano other prairie moths in the same genus, or educational purposes resulting from and Neary 1996; Swetnam and Baisan at least in the northern part of its range collection, or to other natural or 1996; Dahms and Geils 1997). (NatureServe 2007). It is apparently manmade factors affecting its continued Factors B, C, D, and E: No information restricted to mesic prairies and existence resulting from loss of genetic was presented in the petition associated wetlands in the midwest, variability and inability to colonize concerning threats to this species from often but not always with limestone remnant habitat. these factors. (NatureServe 2007). The rattlesnake- Royal Moth (no common name) Based on our evaluation of the master borer moth was formerly a (Sphingicampa blanchardi) information provided in the petition candidate 2 species, a taxon for which and information in our files, we have information in our possession indicated This royal moth is known to occur in determined that the petition presents that proposing to list was possibly a few isolated localities in Cameron and substantial information to indicate that appropriate, but for which persuasive Hidalgo Counties, Texas (NatureServe listing the Notodontid moth may be data on biological vulnerability and 2007). The range of the moth likely warranted due to the present or threat were not available to support a extends into Mexico; however, no threatened destruction, modification, or proposed listing rule. This species has occurrences are documented there curtailment of its habitat or range had no Federal Endangered Species Act (NatureServe 2007). No further resulting from fire. status since the practice of maintaining information regarding the historical or a list of candidate 2 species was current distribution or status of the Notodontid Moth (no common name) discontinued in 1996. species was provided. (Ursia furtiva) Factor A: NatureServe (2007) Factor A: NatureServe (2007) This Notodontid moth is known to indicates that most or all sites for the identifies conversion of habitat to occur from two widely separated moth could be vulnerable to agricultural lands and proposed locations in San Antonio, Bexar County, catastrophic events, including wildfires construction in the area as threats to the and Pine Canyon in the Chisos that occur while the species is dormant. royal moth and its habitat. Jahrsdoerfer Mountains, Big Bend National Park, NatureServe (2007) also indicates that and Leslie (1988) indicate that native Texas (NatureServe 2007). The San its prairie habitat has been reduced to brushland in the Lower Rio Grande Antonio habitat is on private property, remnants except possibly in eastern Valley, which includes Cameron and while Big Bend National Park is part of Oklahoma where it is documented to Hidalgo Counties, has been converted to the National Park Service system occur in one county. agriculture. They claim that agricultural (NatureServe 2007). Factor B: NatureServe (2007) cites a clearing is the greatest threat to the Factor A: NatureServe (2007) case in Illinois that documents a vegetation communities and wildlife in indicates that the moth may be collector damaging the moth’s needed that region. They further explain that threatened by its limited range. A food plants on a large scale while habitat alterations likely have been catastrophic fire in the Chisos looking for larvae. It is likely that some detrimental to the invertebrate fauna as Mountains and urban development in of the moth’s populations are small well. the San Antonio area could eliminate enough that overcollecting may be a Factors B, C, and D: No information significant portions of its two known threat. NatureServe (2007) also notes was presented in the petition occurrences. Information in our files damage from collectors in Kentucky concerning threats to this species from supports the claim that the City of San where the population is small. these factors. Antonio is growing at a rapid rate (Draft Specifically, collecting immatures is a Factor E: NatureServe (2007) Bexar County Karst Invertebrates potential problem (NatureServe 2007). identifies pesticide drift from adjacent Recovery Plan, p. 1.5-1). Factors C and D: No information was agricultural lands as a threat to the royal Factors B, C, D, and E: No information presented in the petition concerning moth. This may be a reasonable was presented in the petition threats to this species from these factors. assertion considering information in concerning threats to this species from Factor E: Due to very low number of Jahrsdoerfer and Leslie (1988) that these factors. populations and the likelihood that extensive agriculture occurs in the Based on our evaluation of the most or all have survived major genetic Lower Rio Grande Valley; however, no information provided in the petition, we bottlenecks during past fires, loss of information is presented which have determined that the petition genetic variability could be a concern indicates that pesticide drift is in fact presents substantial information to (NatureServe 2007). NatureServe (2007) occurring or how it may be impacting indicate that listing the Notodontid also indicates that colonization between the royal moth. We have determined moth may be warranted due to the habitat remnants must be very rare and that this information does not meet the present or threatened destruction, only plausible today in Oklahoma. substantial information standard. modification, or curtailment of its Although the references cited in Based on our evaluation of the habitat or range resulting from fire and NatureServe were not readily available information provided in the petition, we development. to us, the information in NatureServe for have determined that the petition this species was provided by Dr. D. F. presents substantial information to Rattlesnake-Master Borer Moth Schweitzer, who is a reputable indicate that listing this royal moth may (Papaipema eryngii) lepidopterist. Based on our evaluation be warranted due to the present or The rattlesnake-master borer moth is of the information provided in the threatened destruction, modification, or historically known to occur in portions petition, we have determined that the curtailment of its habitat or range of Illinois, Indiana, Iowa, Kentucky, petition presents substantial resulting from agricultural clearing. North Carolina, Oklahoma, Arkansas, information to indicate that listing the and maybe Missouri (NatureServe rattlesnake-master borer moth may be Sabino Dancer (Argia sabino) 2007). As of 2004, the species is warranted due to the present or The Sabino dancer is a damselfly believed to be extant in Illinois, threatened destruction, modification, or known to occur in Sabino Canyon in the Arkansas, Oklahoma, and Kentucky curtailment of its habitat or range Santa Catalina Mountains of Arizona. In

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Sabino Creek, the species’ range has existence resulting from decreased time Factors B, C, D, and E: No information constricted over the past 35 years, for larval development. was presented in the petition previously including Lower and Upper concerning threats to this species from Stonefly (no common name) Sabino Creek but now restricted to the these factors. (Anacroneuria wipukupa) latter area (AGFD 2001). It is probable Based on our evaluation of the that additional populations of the This stonefly is only known to occur information provided in the petition, we Sabino dancer exist in other parts of in Oak Creek, Yavapai County, Arizona have determined that the petition southeastern Arizona or northern (NatureServe 2007). NatureServe (2007) presents substantial information to Mexico (AGFD 2001). Access to remote notes that it may also occur in similar indicate that listing of Tamaulipan high-gradient streams is difficult, and habitats in Sonora, Mexico. agapema may be warranted due to the many habitats have never been surveyed Factor A: According to AGFD (2004), present or threatened destruction, (AGFD 2002). The Sabino dancer was threats to the stonefly may include modification, or curtailment of its formerly a candidate 2 species, a taxon impacts to its aquatic habitats, habitat resulting from its conversion to for which information in our possession especially pollution. Information in our agricultural field crops. indicated that proposing to list was files substantiates this claim. The site is Arachnid possibly appropriate, but for which in close proximity to a State fish persuasive data on biological hatchery, which appears to drain fish- Grand Canyon Cave Scorpion vulnerability and threat were not rearing waste water into Oak Creek, and (Archeolarca cavicola) available to support a proposed listing it is downstream from the town of The Grand Canyon cave scorpion is a rule. This species has had no Federal Sedona (D. Smith 2009, pers. comm.). In pseudoscorpion, lacking a stinger that Endangered Species Act status since the the spring of 2008, David Smith, a true scorpions possess (AGFD 2003). It practice of maintaining a list of Service biologist, visited the site and candidate 2 species was discontinued in occurs on or very near the soil surface found most of the aquatic insects there in Cave of the Domes, Grand Canyon 1996. were tolerant of higher nutrients in the Factor A: AGFD (2001) states that the National Park, Coconino County, water (D. Smith 2009, pers. comm.), Arizona. The subterranean cave habitat decline of Sabino dancer’s population which is indicative of pollution. size and geographic distribution is due is also occupied by bats and rodents, Factors B, C, D, and E: No information which are thought to be necessary to to hydrological alteration resulting in was presented in the petition reduced water flow. Recreational use of support the arthropod food base for the concerning threats to this species from Upper Sabino Creek is controlled by Grand Canyon cave scorpion (AGFD these factors. preventing vehicle access and requiring 2003). This pseudoscorpion was recreationists to access it by a tram Based on our evaluation of the formerly a candidate 2 species, a taxon (AGFD 2001). information provided in the petition, we for which information in our possession Factor B: No information was have determined that the petition indicated that proposing to list was presented in the petition concerning presents substantial information to possibly appropriate, but for which threats to this species from this factor. indicate that listing this stonefly may be persuasive data on biological Factor C: AGFD (2001) indicates that warranted due to the present or vulnerability and threat were not the species’ habitat is experiencing pool threatened destruction, modification, or available to support a proposed listing contraction that increases the likelihood curtailment of its habitat or range as a rule. This species has had no Federal that exotic green sunfish (Lepomis result of pollution. Endangered Species Act status since the cyanellus) and crayfish (Procambarus Tamaulipan Agapema (Agapema practice of maintaining a list of sp.) have the potential to expand their galbina) candidate 2 species was discontinued in ranges up Sabino Creek into the core of 1996. Sabino dancer’s current range, The Tamaulipan agapema is a moth Factor A: According to AGFD (2003), increasing predation impacts on the known to occur in the lower Rio Grande threats to the scorpion include Sabino dancer. Valley of Texas, in southern Arizona, groundwater pollution and recreational Factor D: No information was and in Tamaulipas and Baja California, impacts from cave visitation. presented in the petition concerning Mexico (Struttman 1997). The species is Factors B and C: No information was threats to this species from this factor. thought to be extirpated from the United presented in the petition concerning Factor E: AGFD (2001) indicates that States portion of its range (Struttman threats to this species from these factors. the species’ habitat is experiencing pool 1997), but is currently known to occur Factor D: AGFD (2003) indicates that contraction that may have direct in Tamaulipas, Mexico (Tuskes et al. Cave of the Domes is the only cave in negative effects on the Sabino dancer 1996). In Tamulipas and formerly in Grand Canyon National Park for which larvae, reducing the time available for Texas, its habitat is Tamaulipan visitation is not regulated, although the larval development. thornscrub, which is open, low National Park Service has the authority Based on our evaluation of the vegetation characterized by thorny trees to regulate recreational visitation. information provided in the petition, we with short trunks and low, branching Factor E: No information was have determined that the petition crowns that rarely meet to form a closed presented in the petition concerning presents substantial information to canopy. threats to this species from this factor. indicate that listing the Sabino dancer Factor A: Jahrsdoerfer and Leslie Based on our evaluation of the may be warranted due to the present or (1988) indicate this species faces the information provided in the petition, we threatened destruction, modification, or loss and degradation of its habitat in the have determined that the petition curtailment of its habitat or range Lower Rio Grande Valley. With the presents substantial information to resulting from hydrological alteration conversion of its Tamaulipan indicate that listing the Grand Canyon resulting in reduced water flow, to thornscrub habitat there to agricultural cave scorpion may be warranted due to disease and predation resulting from field crops, such as cotton, only up to the present or threatened destruction, pool contraction that allows increased 5 percent of native vegetation remained modification, or curtailment of its predation, or to other natural or in the 1980s and 1990s (Jahrsdoerfer habitat or range resulting from manmade factors affecting its continued and Leslie 1988; Tuskes et al. 1996). groundwater pollution and recreational

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impacts, and to inadequacy of existing (NatureServe 2007). Historically, the persuasive data on biological regulatory mechanisms resulting from Kiamichi crayfish was known from vulnerability and threat were not unregulated visitation. fewer than 20 adults until a recent available to support a proposed listing survey in which 696 individuals were rule. This species has had no Federal Crustaceans found 7 rivers in the upper Kiamichi Endangered Species Act status since the Delaware County Cave Crayfish River watershed in Oklahoma. The practice of maintaining a list of (Cambarus subterraneus) Kiamichi crayfish is known to co-occur candidate 2 species was discontinued in with Ouachita rock pocketbook The Delaware County cave crayfish is 1996. (Arkansia wheeleri), a federally thought to be restricted to three caves in Factor A: Spavinaw Creek is endangered mussel, which suggests the Delaware County, Oklahoma (Hobbs designated an impaired waterbody by species faces the same threats listed in 1993, NatureServe 2007) in the Neosho the State of Oklahoma under section the Ouachita rock pocketbook recovery River watershed. No additional 303(d) of the Clean Water Act due to plan (Service 2004, pp. 20-30). populations have been found despite excessive nutrient loading; many Factor A: Impoundment, confined animal feeding operations recent surveys of over 50 caves that channelization, and water quality provide suitable habitat within the occur upstream from the caves in which degradation have been identified as this species occurs, and the City of vicinity of the occupied caves (Graening principal factors causing the decline of and Fenolio 2005). The species is Colcord discharges sewage effluent into the Ouachita rock pocketbook (Service the Spavinaw Creek Watershed considered to have fewer than 50 2004, p. 20), and since it co-occurs with individuals in the three different caves (Graening et al. 2006). Graening et al. the Kiamichi crayfish, we conclude (2006) noted that cave crayfish are likely (NatureServe 2007). these same factors may threaten that Factor A: NatureServe (2007) susceptible to contaminants in cave species as well. NatureServe (2007) water due to adaptations to otherwise identifies groundwater contamination, identifies dewatering as a threat to the specifically the disposal of untreated stable conditions and as a result of the Kiamichi crayfish. Surface water in the species’ longevity which could allow animal waste from hog farms and Kiamichi River watershed is the primary poultry houses, as the greatest threat to toxins to accumulate to lethal levels. source of drinking water and the Graening et al. (2006) further indicate this species. In a study of the recharge proposed site of additional water areas for groundwater impacting two of this species remains vulnerable to resource development projects needed extirpation, primarily because of water the three caves, Aley and Aley (1990) to meet the demands of the growing identified petroleum storage areas, quality degradation and recent habitat population in neighboring States. These transformation. including gas stations and sawmills; proposed projects may cause stream Factor B, C, D, and E: No information large storage tanks that might contain drying and may play a role in the was presented in the petition petroleum; confined hog and poultry decline in Kiamichi crayfish. Siltation concerning threats to this species from buildings; dairies and livestock sale resulting from poor tree-harvesting these factors. barns; and dumps, landfills, and auto techniques, road construction, or large- salvage yards within the recharge areas scale changes in land use is also Based on our evaluation of the of the caves. They identified six such identified as a threat to the species information provided in the petition, we sites in the recharge area for one cave (NatureServe 2007). have determined that the petition and five in the recharge area of the other Factors B, C, D, and E: No information presents substantial information to and concluded that these were potential was presented in the petition indicate that listing the Oklahoma Cave sources of water pollution for those two concerning threats to this species from crayfish may be warranted due to the caves. They also concluded that these factors. present or threatened destruction, disposal of untreated animal wastes is Based on our evaluation of the modification, or curtailment of its probably the greatest single threat to information provided in the petition, we habitat or range resulting from water aquatic life in those caves. have determined that the petition pollution and habitat transformation. Factors B, C, D, and E: No information presents substantial information to Texas Troglobitic Water Slater was presented in the petition indicate that listing the Kiamichi (Lirceolus smithii) concerning threats to this species from crayfish may be warranted due to the these factors. present or threatened destruction, The Texas troglobitic water slater is Based on our evaluation of the modification, or curtailment of the an isopod known to occur in an aquifer information provided in the petition, we species’ habitat or range resulting from under several counties in central Texas have determined that the petition impoundment, channelization, water (NatureServe 2007), the Edwards presents substantial information to quality degradation, and dewatering. Aquifer, which supports numerous indicate that listing of Delaware County species of underground aquatic species cave crayfish may be warranted due to Oklahoma Cave Crayfish (Cambarus (Service 1996, pp. 16-19). Within its the present or threatened destruction, tartarus) limited range, it is considered to be modification, or curtailment of its The Oklahoma cave crayfish is known abundant (NatureServe 2007). Records habitat resulting from pollution. to occur at two caves in a single of its occurrence represent different watershed of Spavinaw Creek, a small sampling sites rather than different Kiamichi Crayfish (Orconectes saxatilis) creek in Delaware County, Oklahoma, populations within its occupied range The Kiamichi crayfish is known to and potentially at three additional caves (NatureServe 2007). occur in the upper Kiamichi River and in that watershed (Graening et al. 2006). Factor A: NatureServe (2007) its associated tributaries above Graening et al. (2006) estimate the identified aquifer drawdown and Whitesboro, Oklahoma (NatureServe species’ abundance to be 80 individuals. declining water quality in the aquifer as 2007). The species can be found in The Oklahoma cave crayfish was threats to the species. Drawdown of the slowly to moderately flowing streams formerly a candidate 2 species, a taxon Edwards Aquifer’s water level and with rocky bottoms, and usually with for which information in our possession decreasing water quality are the result of emergent vegetation, such as Typha sp. indicated that proposing to list was a rapid population increase (Service (cattails), in shallower areas possibly appropriate, but for which 1996, pp. 16-19) in that area of Texas.

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Factors B, C, D, and E: No information habitat or range resulting from road County, New Mexico, and Pecos was presented. widening, trampling, and off-road County, Texas. Soils are shallow, well- Based on our evaluation of the vehicle use. drained, and generally composed of information provided in the petition sand, silt, and clay over limestone Amoreuxia gonzalezii (Santa Rita and our files, we have determined that (NatureServe 2007). One population in Yellowshow) the petition presents substantial New Mexico is small with less than 100 information to indicate that listing of Amoreuxia gonzalezii is an plants and the other two contain a few the Texas troglobitic water slater may be herbaceous plant known to occur from thousand individuals (NatureServe warranted due to the present or Santa Cruz and Pima Counties, Arizona, 2007). threatened destruction, modification, or south to Sonora, Mexico, and probably Factor A: NatureServe (2007) curtailment of its habitat or range Baja California (AGFD 2003; indicates that habitat degradation and resulting from aquifer drawdowns and NatureServe 2007). It has been reported loss is a likely threat. In New Mexico, decreasing water quality. from two subpopulations in the Santa Desert Botanical Garden (2008) Rita Mountains, in Pima County and indicates that Amsonia tharpii is subject Flowering Plants from four populations in northern to extirpation due to environmental Agalinis navasotensis (Navasota False Mexico (NatureServe 2007). In Arizona, changes brought about by improper Foxglove) A. gonzalezii grows on rocky limestone grazing, such as severe erosion resulting hillsides, but in Sonora, Mexico, it in loss of habitat. Regular monitoring of Agalinis navasotensis is an prefers decomposed granite on slopes the New Mexico populations may also herbaceous plant in the family (AGFD 2003). One of the Arizona cause additional erosion (NatureServe scrophulariaceae that is known from populations of A. gonzalezii has fewer 2007). There is active gas development Grimes County, Texas. One population than 65 plants on a limestone outcrop in the vicinity of two of the New Mexico of approximately 330 individuals is (AGFD 2003). populations (New Mexico Rare Plant located on the shallow soil of a Factor A: According to NatureServe Technical Council 1999). In Texas, sandstone outcrop (Canne-Hilliker and (2007), Amoreuxia gonzalezii is Amsonia tharpii may be threatened by Dubrule 1993; NatureServe 2007). There threatened by degradation of habitat due mowing of the highway easement along are two subpopulations, one with to livestock grazing, urban development, which plants grow (NatureServe 2007). approximately 300 individuals and one and mining. AGFD (2003) concurs, but Factor B, C, and D: No information with approximately 30 (Canne-Hilliker points out that the grazing threat is due was presented in the petition and Dubrule 1993). Canne-Hilliker and to herbivory, not habitat degradation concerning threats to this species from Dubrule (1993) describe the outcrop as (see Factor C). these factors. a distinct island surrounded by a sea of Factor B: No information was Factor E: According to the Desert post oak savannah, blackland prairie, presented in the petition concerning Botanical Garden (2008), environmental and farmland. Similar outcrops may threats to this species from these factors. changes brought about by past improper harbor additional populations Factor C: Herbivory by cattle is a grazing such as change in species (NatureServe 2007), although there are management problem because the composition has resulted in increased no other such outcrops in that county species is very palatable to cattle (AGFD competition with nonnative species. (Canne-Hilliker and Dubrule 1993). 2003; NatureServe (2007). Javelina Based on our evaluation of the Factor A: NatureServe (2007) states (Pecari tajacu) dig up and consume the information provided in the petition, we that the most likely foreseeable threat to roots, which NatureServe (2007) and have determined that the petition the Agalinis navasotensis is habitat AGFD (2003) indicate is a threat. presents substantial information to degradation and loss. Individual plants Factor D: No information was indicate that listing of Amsonia tharpii are reported to occur close to a road, presented in the petition concerning may be warranted due to the present or making them and their habitat threats to this species from this factor. threatened destruction, modification, or susceptible to destruction from road Factor E: According to AGFD (2003), curtailment of its habitat or range widening (Canne-Hilliker and Dubrule competition is likely occurring with the resulting from erosion, gas development 1993; NatureServe 2007). Road introduced Cenchrus ciliaris and mowing, or other natural or widening would probably destroy the (buffelgrass), Eragrostis lehmanniana manmade factors affecting its continued main subpopulation (Canne-Hilliker and (Lehmans lovegrass), and other existence resulting from competition. Dubrule 1993; NatureServe 2007). There aggressive, exotic plants. are no known plans to put the site into Based on our evaluation of the Asclepias prostrata (Prostrate cultivation or to graze it (NatureServe information provided in the petition, we Milkweed) 2007). Trampling by humans and off- have determined that the petition Asclepias prostrata is a perennial, road vehicle use are potential threats presents substantial information to low-growing plant found in areas of because the site is not fenced (Canne- indicate that listing of Amoreuxia little or no vegetation in grasslands or Hilliker and Dubrule 1993; NatureServe gonzalezii may be warranted due to the shrub-invaded grasslands within Starr 2007). present or threatened destruction, and Zapata Counties, Texas and Factor B, C, D, and E: No information modification, or curtailment of its Tamaulipas, Mexico (NatureServe was presented in the petition habitat or range resulting from 2007). It is reportedly known from fewer concerning threats to this species from development and mining, to predation than 10 occurrences in southern Texas these factors. by cattle and javelina, and to other (NatureServe 2007), at least four of Based on our evaluation of the natural or manmade factors affecting its which are along roadsides (Damude and information provided in the petition, we continued existence resulting from Poole 1990). have determined that the petition competition. Factors A, B, C, and D: No presents substantial information to information was presented in the indicate that listing of Agalinis Amsonia tharpii (Tharp’s Blue-star) petition concerning threats to this navasotensis may be warranted due to Amsonia tharpii is an herbaceous species from these factors. the present or threatened destruction, plant found in open areas in shortgrass Factor E: NatureServe (2007) indicates modification, or curtailment of its grasslands or shrublands in Eddy that roadside mowing is a threat to

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Asclepias prostrata. Damude and Poole occurs in a collection of sub- Factor A: NatureServe (2007) and the (1990) indicate that frequent roadside populations. New Mexico Rare Plant Technical mowing can cut individuals of the Factor A: According to AGFD (1999) Council (1999) indicate that the species if the mowing blade is set low and NatureServe (2007), improper seasonally wet habitat of Castilleja enough. NatureServe (2007) further grazing has the greatest impact to the ornata is often improperly grazed or indicates that Asclepias prostrata is species and its habitat. Seedling converted to cultivated cropland. threatened by competition from widely survivorship was found to be lower in According to New Mexico Rare Plant planted and escaped nonnative pasture heavily trampled areas at that site Technical Council (1999), the sites in grasses, such as Cenchrus ciliaris (NatureServe 2007). Livestock grazing Chihuahua, Mexico, were fully (buffelgrass) (NatureServe 2007). occurs at all of the known sites converted to agriculture. According to Damude and Poole (1990), (NatureServe 2007). According to AGFD Factor B, C, D, and E: No information seeding Cenchrus ciliaris for pasture (1999), recreation at the Bear Creek site was presented in the petition improvement has introduced a also results in destruction of Astragalus concerning threats to this species from competitior to Asclepias prostrata that hypoxylus and its habitat, and these factors. may be the greatest threat to the species. NatureServe (2007, citing T. Deecken) Based on our evaluation of the Based on our evaluation of the considers recreation to be a greater information provided in the petition, we have determined that the petition information provided in the petition, we threat to that population than livestock presents substantial information to have determined that the petition grazing. An informal dirt parking lot has indicate that listing of Castilleja ornata presents substantial information to already damaged one sub-population may be warranted due to the present or indicate that listing of Asclepias and its habitat, and increased use of the threatened destruction, modification, or prostrata may be warranted, resulting area may destroy other plants and curtailment of its habitat or range from roadside mowing and planting of habitat in the future (NatureServe 2007, resulting from improper grazing or an exotic grass. citing T. Deecken). Factor B, C, and D: No information conversion to cultivated cropland. Astragalus hypoxylus (Huachuca Milk- was presented in the petition Erigeron piscaticus (Fish Creek concerning threats to this species from vetch) Fleabane) these factors. Astragalus hypoxylus is an Factor E: NatureServe (2007) indicates Erigeron piscaticus is an herbaceous herbaceous plant found on hillsides that possible indirect threats to the plant found in moist, sandy canyon with slopes of 25 to 30 percent in open, species could come from threats to the bottoms associated with continuously limestone rocky clearings in oak- bee population; bees are the main flowing streams. It is known historically juniper-pinyon woodland within the pollinators for Astragalus hypoxylus. from two sites in Fish Creek Canyon, Huachuca and Patagonia Mountains of Pesticide use and the trampling of Superstition Mountains, Maricopa Arizona. Despite surveys for the species occupied bee nests may be harmful to County; and Turkey Creek and Oak in Sonora, Mexico, it has not been found the bees and, ultimately, to the plants Grove Canyon (Aravaipa Canyon there (NatureServe 2007). Astragalus they pollinate (Karron 1991, tributaries), Galiuro Mountains, Graham hypoxylus was described from a NatureServe 2007). County, Arizona (AGFD 2001). collection made in the Huachuca Based on our evaluation of the Currently, it is known only from the Mountains in 1882. The description of information provided in the petition, we Oak Grove Canyon location, which has the location of where the specimen was have determined that the petition been annually monitored since 1992 found, ‘‘Mahoney’s Ranch, near Ft. presents substantial information to (AGFD 2001). According to AGFD Huachuca’’, was not sufficient to indicate that listing of Astragalus (2001), surveys conducted in 1993 and relocate the site (NatureServe 2007). The hypoxylus may be warranted due to the 1994 at the Oak Grove Canyon site species was not seen again in the field present or threatened destruction, found 79 plants in both years, which until a collection in 1986 in the modification, or curtailment of its suggests that the population is small, Patagonia Mountains south of Harshaw habitat or range resulting from but stable. Two surveys conducted in (NatureServe 2007). Searches elsewhere recreation and livestock grazing and 1994 showed continued population in the Patagonia Mountains have not other natural or manmade factors stability, and greater germination after extended the known range in that area affecting its continued existence summer rains, evidence that plants can by more than 1 mile (NatureServe 2007). resulting from impacts to its pollinator. germinate and flower following summer Since 1986, other populations of A. rains (AGFD 2001). Erigeron piscaticus hypoxylus have been located in the Castilleja ornata (Glowing Indian- was formerly a candidate 2 species, a Huachuca Mountains. One population paintbrush) taxon for which information in our was found on the southwest side of the Castilleja ornata is an herbaceous possession indicated that proposing to Huachuca Mountains near lower Bear plant known to occur in western list was possibly appropriate, but for Canyon along Bear Creek (NatureServe Chihuahua and west-central Durango, which persuasive data on biological 2007). Another population was located Mexico; and at a single site in Hidalgo vulnerability and threat were not in Scotia Canyon in 1990, and as many County in southwestern New Mexico available to support a proposed listing as 600 to 700 individuals were found (NatureServe 2007). The plant is a rule. This species has had no Federal there in the spring of 1991. The majority predominantly Mexican species, but is Endangered Species Act status since the of the Scotia Canyon population is possibly now extinct there (NatureServe practice of maintaining a list of located on private land, and the other 2007). NatureServe (2007) indicates that candidate 2 species was discontinued in sites are managed by the Coronado Castilleja ornata occurs in flat 1996. National Forest (AGFD 1999). According seasonally wet areas in arid grasslands. Factor A: According to AGFD (2001), to AGFD (1999), the Bear Creek According to New Mexico Rare Plant the location at Turkey Creek was in area population is extirpated, but Technical Council (1999), searches of used as a casual camping site; the Oak NatureServe (2007) cites a personal historical collection sites in Chihuahua Grove Canyon site, the only site where communication with T. Deecken and failed to locate a single population the species is known to be extant, is also indicates that the population there there. used for camping. There is also hiking

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traffic at the site, which can destroy or the restricted geographic distribution of or juveniles have been observed (Poole modify the habitat (AGFD 2001). AGFD the species, we do not consider 1992). Poole (1992) concluded that the (2001) indicates poor watershed restricted geographic distribution to be major threat to the species is its low conditions and flooding in Oak Grove a threat. population numbers and lack of Canyon also threaten the species with Based on our evaluation of the recruitment (survival of individuals to habitat loss or modification. information provided in the petition, we sexual maturity and joining the Factors B, C and D: No information have determined that the petition reproductive population). was presented in the petition presents substantial information to Based on our evaluation of the concerning threats to this species from indicate that listing of Eriogonum information provided in the petition, we these factors. mortonianum may be warranted due to have determined that the petition Factor E: According to AGFD (2001), the present or threatened destruction, presents substantial information to the small range and population size of modification, or curtailment of its indicate that listing Genistidium about 80 plants in Oak Grove Canyon habitat or range resulting from road dumosum may be warranted due to the make it vulnerable to natural and maintenance and livestock use. present or threatened destruction, human-caused disturbances. In the modification, or curtailment of its Genistidium dumosum (Brush-pea) absence of information identifying other habitat or range resulting from highway threats to the species and linking those Genistidium dumosum is a woody construction and recreation, or to threats to the restricted range of the shrub known to occur in Brewster overutilization resulting from collection, species, we do not consider restricted County, Texas, and Coahuila, Mexico or to other natural or manmade factors range to be a threat. (NatureServe 2007). The genus is affecting its continued existence Based on our evaluation of the monotypic (contains only one species) resulting from lack of recruitment. information provided in the petition (Poole 1992, NatureServe 2007). There and our files, we have determined that are three Texas occurrences within a Hexalectris revoluta (Chisos Coralroot) the petition presents substantial few km of one another, and three in Hexalectris revoluta is an orchid information to indicate that listing of Mexico. The Texas occurrences consist known from widely separated mountain Erigeron piscaticus may be warranted of fewer than 50 plants (Poole 1992; ranges in Texas, Arizona, and Mexico due to the present or threatened NatureServe 2007). The status of the (NatureServe 2007). Few total destruction, modification, or Mexican occurrences is unknown, individuals of this species have been curtailment of its habitat or range although they are disjunct from the located throughout its range; however, resulting from recreational activities, Texas occurrences and may differ surveys may be difficult because above poor watershed conditions, and genetically from them (Poole 1992). ground portions of this plant are not flooding. Genistidium dumosum was formerly a produced in dry years (NatureServe candidate 2 species, a taxon for which 2007). Hexalectris revoluta was formerly Eriogonum mortonianum (Morton’s information in our possession indicated a candidate 2 species, a taxon for which Wild Buckwheat) that proposing to list was possibly information in our possession indicated Eriogonum mortonianum is a woody appropriate, but for which persuasive that proposing to list was possibly perennial plant known from a single site data on biological vulnerability and appropriate, but for which persuasive on the Kaibab-Paiute Indian Reservation threat were not available to support a data on biological vulnerability and in Mojave County, Arizona. The species proposed listing rule. This species has threat were not available to support a is usually found along small drainages had no Federal Endangered Species Act proposed listing rule. This species has in red clay hills of very shallow soils status since the practice of maintaining had no Federal Endangered Species Act containing gypsum within sandstone a list of candidate 2 species was status since the practice of maintaining and shale uplands (AGFD 2001; discontinued in 1996. a list of candidate 2 species was NatureServe 2007). AGFD (2001) reports Factor A: According to Poole (1992), discontinued in 1996. that in 1980 the population contained highway construction at one of the Factor A: Louie (1996) indicates this approximately 750 plants and at that Texas occurrences probably initially species is subject to inadvertent time appeared stable with several size destroyed a few plants, and erosion of destruction through maintenance and age classes represented. roadcuts probably threatens a few more. activities, but does not identify the Factor A: NatureServe (2007) reports Any future highway widening could types of maintenance activities likely to that in 1992, many plants were destroy additional plants and their occur in occupied habitats. We have destroyed by highway maintenance. habitat at that site (Poole 1992). Poole determined that this information does According to AGFD (2001), Eriogonum (1992) also reports that a tract of private not meet the substantial information mortonianum is threatened by highway land was developed for an annual standard. AGFD (2004) identifies right-of-way maintenance along State recreational event, which may threaten mining as a threat to this species. Citing Highway 389 which would modify the the species and its habitat with Coleman (2002), AGFD (2004) notes habitat. AGFD (2001) also identifies destruction or modification from ‘‘some of its habitat in Arizona is at livestock use and developments trampling, erosion and wildfire. extreme risk from mining development. associated with livestock use as threats Factor B: According to Poole (1992), One of its major locations was briefly to the species. individuals at the highway site in Texas part of a planned land exchange Factors B, C, and D: No information are threatened by collection pressure between the U.S. Forest Service and a was presented in the petition due to easy access to the site and the mining company until falling copper concerning threats to this species from rarity and uniqueness (being in a prices forced postponement of the these factors. monotypic genus) of the species. deal.’’ Factor E: According to AGFD (2001), Factors C and D: No information was Factor B: NatureServe (2007) and the highly restricted geographic presented in the petition concerning Louie (1996) indicate that collection distribution is a management issue for threats to this species from these factors. may be a threat to this species, but the species. In the absence of Factor E: Although individuals of provide no additional information information identifying other threats to Genistidium dumosum occasionally concerning the likelihood of the species and linking those threats to produce numerous fruits, no seedlings overcollection or the impacts to the

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species of these activities. We have the present or threatened destruction, presents substantial information to determined that this information does modification, or curtailment of its indicate that listing Paronychia not meet the substantial information habitat or range resulting from highway congesta may be warranted due to the standard. widening and maintenance and OHV present or threatened destruction, Factors C, D, and E: No information use or to disease or predation resulting modification, or curtailment of its was presented in the petition from grazing. habitat or range resulting from right-of- concerning threats to this species from way construction and maintenance, Paronychia congesta (Bushy Whitlow- these factors. pipeline installation, oil and gas wort) Based on our evaluation of the exploration, and well pad construction, information provided in the petition, we Paronychia congesta is a woody or to other natural or manmade factors have determined that the petition perennial shrub known to occur in affecting its continued existence presents substantial information to openings in shrublands on calcareous resulting from drought or freezes. indicate that listing Hexalectris revoluta outcrops of a particular geologic may be warranted due to the present or formation, the Bordas Escarpment in Jim Pediomelum pentaphyllum (Chihuahua threatened destruction, modification, or Hogg County, Texas (NatureServe 2007). Scurfpea) curtailment of its habitat or range as a This species was removed from the Pediomelum pentaphyllum is a result of mining development. Service’s list of candidate species for perennial plant that grows up to 25 listing under the Act on September 12, centimeters (9.8 inches) tall and has a Lesquerella kaibabensis (Kaibab 2006 (71 FR 53755). The two known long, swollen taproot (Tonne 2000; Bladderpod) populations occur within two miles of Sivinski 1993). The taproot apparently Lesquerella kaibabensis is a perennial each other. The species was first allows the plant to remain dormant or herb known to occur in the Kaibab collected in 1963 at a site where the restrict growth in dry years (BLM 2004). Plateau in the Kaibab National Forest in population was estimated to have 2,000 As such, P. pentaphyllum may not send Coconino County, Arizona (NatureServe plants; a second locality was found up an aerial portion (stem, leaves, and 2007). It occurs on limestone-clay knolls nearby in 1987 was estimated then to flowers) in dry years, making ground with a high percentage of exposed rock have 100 plants (Service 2006). In 1987, surveys more difficult (Tonne 2000). on the surface, within open windswept five additional sites were searched, but Pediomelum pentaphyllum meadows and along the sides of a State the species was not found at them historically occurred in Texas, New highway (AGFD 2001). (Service 2006). The known occupied Mexico, Arizona, and Chihuahua, Factor A: NatureServe (2007) sites are on private land, which has not Mexico (NatureServe 2007). It is identifies road widening and been accessed since the early 1990s currently only known from two disjunct maintenance as a threat to Lesquerella (Service 2006). sites in New Mexico and Arizona, kaibabensis. According to AGFD (2001), Factor A: NatureServe (2007) states despite multiple survey attempts across the Forest Service Regional Botanist at that Paronychia congesta may be its range (WildEarth Guardians 2008). the time made specific threatened by right-of-way construction The New Mexico site occurs on BLM recommendations for widening of the and maintenance, pipeline installation, and New Mexico State Trust lands in State highway intended to minimize the oil and gas exploration, and well pad Hidalgo County, and consists of 396 impact to Lesquerella kaibabensis. construction. Both populations occur on plants in an approximately 1,214 ha However, those recommendations were private rangeland that overlays oil (3,000 ac) area (Tonne 2008). The not followed (AGFD 2001). NatureServe fields, and are bissected by rights-of- Arizona site occurs on private land and (2007) also identifies OHV use in way (NatureServe 2007), one by a road includes a documented 32 plants in a 13 occupied meadows as a threat to the and the other by a pipeline (Service ha (32 ac) area (Tonne 2008). species. AGFD (2001) and NatureServe 2006). Paronychia congesta may also be Factor A: The petitioner asserts that (2007) acknowledge that the Kaibab threatened by brush clearing, herbicide livestock grazing may be a threat to National Forest has prohibited all OHV use, and replanting to nonnative forage Pediomelum pentaphyllum; however, in the meadows adjacent to the State grasses, such as Pennisetum ciliare information in NatureServe (2007) highway, but neither addresses whether (Service 2006). However, the practice of indicates that the impacts of livestock the prohibition is effectively enforced. replanting to nonnative forage grasses grazing on this species are unknown. Factor B: No information was may be declining (NatureServe 2007). The petitioner further asserts that oil presented in the petition concerning Factor B, C, and D: No information development may be a potential threat, threats to this species from this factor. was presented in the petition but provides no information indicating Factor C: NatureServe (2007) concerning threats to this species from whether oil development is occurring or identifies grazing as a threat to this factor. is likely to occur in occupied habitats Lesquerella kaibabensis. According to Factor E: NatureServe (2007) nor does the petitioner provide AGFD (2001) the Kaibab National Forest identifies rarity as a threat to information indicating how this species Plan establishes that livestock Paronychia congesta. Restricted may be impacted by oil development. utilization in these meadows should not geographic range may exacerbate the We have determined that the exceed 30 percent, but utilization impacts to the species of potential information provided concerning probably exceeds this level in most threats, such as chance events like fire grazing and oil development does not years. and flood. For instance, the Service meet the substantial information Factors D and E: No information was (2006) noted that in 1990, the number standard. presented in the petition concerning of individuals, and the apparent vigor of Factor B: The petitioner notes that threats to this species from these factors. the plants in the second, smaller Pediomelum pentaphyllum may have Based on our evaluation of the population, was reduced due to two historically been threatened by information provided in the petition, we consecutive years of drought and overcollection. Tarahumara Indians have determined that the petition freezes. used P. pentaphyllum to reduce fever presents substantial information to Based on our evaluation of the (Sivinski 1993; Tonne 2000). According indicate that listing Lesquerella information provided in the petition, we to Robert Bye, an ethnobotanist who has kaibabensis may be warranted due to have determined that the petition worked in Mexico, this species was

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regularly available in the Chihuahua in New Mexico (BLM 2004). Howard cultivate Salvia penstemonoides. market in 1908, but has not been (2005) notes that P. pentaphyllum is NatureServe (2007) further notes that available in recent years (R. Bye, pers. negatively impacted by Tebuthiuron use wild populations are potentially comm. cited in Sivinski 1993). The as evidenced by a greater proportion of threatened by loss of genetic integrity reasons for the plant’s disappearance absent plants, a greater proportion of due to hybridization as well as from the market are unclear but may non-normal looking plants, and a greater horticultural collecting. have been due to overcollection (Tonne proportion of non-flowering plants in Factors C and D: No information was 2000). However, historic overcollection areas treated with Tebuthiuron as presented in the petition concerning is not considered a threat to current compared to control areas not treated threats to this species from these factors. populations and no information was with Tebuthiuron. Factor E: Salvia penstemonoides may presented in the petition concerning Based on our evaluation of the be threatened by potential extinction current overutilization pressures. information provided in the petition, we from chance events due to its restricted Factor C: No information was have determined that the petition geographic distribution and small presented in the petition concerning presents substantial information to remaining number of individuals. In threats to this species from this factor. indicate that listing Pediomelum 1997, an early and long summer flood Factor D: The petitioner asserts that pentaphyllum may be warranted due to killed the largest part of the largest existing regulatory mechanisms are not other natural or manmade factors population, leaving only a few hundred adequate to protect Pediomelum affecting the species’ continued total individuals left in the wild pentaphyllum from the threats it faces. existence resulting from herbicide use. (NatureServe 2007, citing Texas Parks The petition reports that P. Salvia pentstemonoides (Big Red Sage) and Wildlife Department 1999), pentaphyllum is listed as endangered by indicating that natural chance events the State of New Mexico. As such, P. Salvia pentstemonoides is a plant may threaten the species. pentaphyllum is protected from found in moist or seasonally wet areas, Based on our evaluation of the unauthorized collection, transport, or especially creekbeds within the information provided in the petition, we sale by the New Mexico Endangered Edwards Plateau of Texas. Salvia have determined that the petition Plant Species Act, 9-10-10 NMSA. This pentstemonoides was thought to be presents substantial information to law prohibits the taking, possession, extinct until one large and several small indicate that listing Salvia transportation and exportation, selling populations were found in the late penstemonoides may be warranted due or offering for sale any listed plant 1980s. In 1997, an early and long the present or threatened destruction, species. Listed species can only be summer flood killed a large portion of modification, or curtailment of its collected under permit from the State of the largest population, leaving only a habitat or range resulting from aquifer New Mexico for scientific studies and few hundred total individuals left in the drawdown; overutilization for impact mitigation; however, this law wild (NatureServe 2007). NatureServe commercial, recreational, scientific, or does not provide any protection for P. (2007) states that the plant consists of educational purposes as a result of six small extant populations and about pentaphyllum habitat. commercial uses; or to other natural or a dozen historical occurrences, some of The petition reports that Pediomelum manmade factors affecting its continued which are of uncertain location or occur pentaphyllum is considered a sensitive existence resulting from flooding. species by the BLM. According to BLM on private land and haven’t been (2008), actions authorized by the BLM searched for in recent years. Salvia Fern Ally shall further the conservation of BLM- pentstemonoides was formerly a Donrichardsia macroneuron (no sensitive species. However, as noted by candidate 2 species, a taxon for which common name) the petitioner, BLM-sensitive species information in our possession indicated status does not confer any requirement that proposing to list was possibly Donrichardsia macroneuron is an to protect populations or their habitats. appropriate, but for which persuasive aquatic moss known to occur at Seven The petitioner further notes that the data on biological vulnerability and Hundred Springs on the South Llano Service has identified Pediomelum threat were not available to support a River, Edwards County, Texas (Crum pentaphyllum as a species of concern. proposed listing rule. This species has and Anderson 1981, Wyatt and While not a formal legal designation had no Federal Endangered Species Act Stoneburner 1980). It grows partially under Service regulations, a species of status since the practice of maintaining submerged in shaded areas in rapidly concern is defined as a taxon for which a list of candidate 2 species was flowing water (Wyatt and Stoneburner further biological research and field discontinued in 1996. 1980). Following an unsuccessful search study are needed to resolve its Factor A: According to NatureServe of 11 similar spring sites in the Llano conservation status or which is (2007) the species is threatened with River watershed by Wyatt and considered sensitive, rare, or declining lowering of the water table due to Stoneburner (1980), they concluded that on lists maintained by Natural Heritage development, drought, grazing, and there are no longer sites downstream Programs, State wildlife agencies, other erosion. We have information in our suitable for the species, although they Federal agencies, or professional/ files that aquifer drawdown due to believe such sites were historically academic scientific societies (Service increasing human population growth in occupied by the species. 2009). Species of concern are identified this area is occurring (Service 1996, pp. Factor A: According to NatureServe for planning purposes only and the title 16-19). No additional discussion was (2007) and Wyatt and Stoneburner confers no regulatory protection. presented for the claims that drought, (1980), the one occurrence at Seven Factor E: The petitioner asserts that grazing, and erosion threaten the Hundred Springs is threatened by Pediomelum pentaphyllum is species, and thus we have determined drying due to drought. A prolonged threatened by herbicide use. that the information presented drought in 1950-1958 dried the 11 Information cited in the petition concerning drought, grazing, and springs that were later searched for the indicates that the herbicide Tebuthiuron erosion does not meet the substantial species by Wyatt and Stoneburner is being used to control shrub information standard. (1980). NatureServe (2007) also claims encroachment and improve rangelands Factor B: According to NatureServe the species is threatened by changes in in the area occupied by P. pentaphyllum (2007) Austin area nurseries extensively hydrology, such as a rise in water level.

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Wyatt and Stoneburner (1980) indicate information that listing the remaining petitioned action is warranted after we that flooding is a potential threat to the 67 of the 192 species that we evaluated have completed a thorough status species. as threatened or endangered under the review of the species, which is Factors B, C, D, and E: No information Act may be warranted. Because we have conducted following a substantial 90– was presented in the petition found that the petition presents day finding. Because the Act’s standards concerning threats to this species from substantial information that listing these for 90–day and 12–month findings are these factors. 67 species may be warranted, we are different, as described above, a Based on our evaluation of the initiating a status review to determine substantial 90–day finding does not information provided in the petition, we whether listing any of these 67 species mean that the 12–month finding will have determined that the petition under the Act is warranted. We will result in a warranted finding. presents substantial information to issue a 12–month finding as to whether References Cited indicate that listing of Donrichardsia any of the petitioned actions are macroneuron may be warranted due to warranted. A complete list of references cited is the present or threatened destruction, We previously determined that available on the Internet at Docket No. modification, or curtailment of its emergency listing of any of the 192 FWS-R2-ES-2008-0130 at http:// habitat or range resulting from drought species is not warranted. However, if at www.regulations.gov and upon request or changes in hydrology. any time we determine that emergency from the Southwestern Regional listing of any of the species is Finding Ecological Services Office (see FOR warranted, we will initiate an FURTHER INFORMATION CONTACT). We reviewed and evaluated 192 of the emergency listing. 475 petitioned species, based on the The petitioners also request that Author information in the petition and the critical habitat be designated for the The primary authors of this document literature cited in the petition, and we species concurrent with final listing are the staff members of the have evaluated the information to under the Act. If we determine in our Southwestern Regional Ecological determine whether the sources cited 12–month finding, following the status Services Offices (see FOR FURTHER support the claims made in the petition review of the species, that listing is INFORMATION CONTACT). relating to the five listing factors. We warranted, we will address the also reviewed reliable information designation of critical habitat in the Authority readily available in our files. subsequent proposed rule. The authority for this action is the On the basis of our determination The ‘‘substantial information’’ Endangered Species Act of 1973, as under section 4(b)(3)(A) of the Act, we standard for a 90–day finding differs amended (U.S.C. 1531 et seq.). have determined that the petition does from the Act’s ‘‘best scientific and not present substantial scientific or commercial data’’ standard that applies Dated: December 4, 2009 commercial information indicating that to a status review to determine whether Rowan W. Gould, listing may be warranted for 125 a petitioned action is warranted. A 90– Acting Director, U.S. Fish and Wildlife Service species. day finding does not constitute a status [FR Doc. E9–29699 Filed 12–15– 09; 8:45 We find that the petition presents review under the Act. In a 12–month am] substantial scientific or commercial finding, we will determine whether a BILLING CODE 4310–55–S

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