46618 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules

DEPARTMENT OF THE INTERIOR SUMMARY: We, the U.S. Fish and of the fisher, Florida Keys mole skink, Wildlife Service (Service), announce 12- Great Sand Dunes tiger beetle, Kirtland’s Fish and Wildlife Service month findings on petitions to list 25 snake, Pacific walrus, and San Felipe species as endangered or threatened gambusia is not warranted at this time. 50 CFR Part 17 species under the Endangered Species However, we ask the public to submit to Act of 1973, as amended (Act). After a us at any time any new information that [4500090022] thorough review of the best available becomes available concerning the scientific and commercial information, stressors to any of the species listed Endangered and Threatened Wildlife we find that listing 14 Nevada above or their habitats. and Plants; 12-Month Findings on springsnail species, Barbour’s map DATES: Petitions To List 25 Species as turtle, Bicknell’s thrush, Big Blue The finding announced in this Endangered or Threatened Species Springs cave crayfish, the Oregon document was made on October 5, 2017. AGENCY: Fish and Wildlife Service, Cascades—California population and ADDRESSES: Detailed descriptions of the Interior. Black Hills population of the black- basis for each of these findings are backed woodpecker, the eastern available on the Internet at http:// ACTION: Notice of 12-month petition population of the boreal toad, the www.regulations.gov under the findings. Northern Rocky Mountains population following docket numbers:

Species Docket No.

14 Nevada springsnails ...... FWS–R8–ES–2011–0001 Barbour’s map turtle ...... FWS–R4–ES–2017–0065 Bicknell’s thrush ...... FWS–R5–ES–2012–0056 Big Blue Springs cave crayfish ...... FWS–R4–ES–2017–0066 Black-backed woodpecker ...... FWS–R8–ES–2013–0034 Boreal toad ...... FWS–R6–ES–2012–0003 Fisher ...... FWS–R6–ES–2015–0104 Florida Keys mole skink ...... FWS–R4–ES–2017–0067 Great Sand Dunes tiger beetle ...... FWS–R6–ES–2017–0068 Kirtland’s snake ...... FWS–R3–ES–2017–0039 Pacific walrus ...... FWS–R7–ES–2017–0069 San Felipe gambusia ...... FWS–R2–ES–2017–0024

Supporting information used to specified under FOR FURTHER under FOR FURTHER INFORMATION prepare these findings is available for INFORMATION CONTACT. Please submit any CONTACT. public inspection, by appointment, new information, materials, comments, during normal business hours, by or questions concerning these findings FOR FURTHER INFORMATION CONTACT: contacting the appropriate person, as to the appropriate person, as specified

Species Contact information

14 Nevada springsnails ...... For bifid duct pyrg: Carolyn Swed, Field Supervisor, Northern Nevada (Reno) Fish and Wildlife Office, 775–861–6337 For all other species: Glen Knowles, Field Supervisor, Southern Nevada Fish and Wildlife Office, 702– 515–5230. Barbour’s map turtle ...... Catherine Phillips, Field Supervisor, Panama City Ecological Services Field Office, 850–769–0552. Bicknell’s thrush ...... Krishna Gifford, Listing Coordinator, Region 5 Regional Office, 413–253–8619. Big Blue Springs cave crayfish ...... Catherine Phillips, Field Supervisor, Panama City Ecological Services Field Office, 850–769–0552. Black-backed woodpeckers ...... Oregon Cascades—California population: Jenn Norris, Field Supervisor, Sacramento Fish and Wildlife Of- fice, 916–414–6600 Black Hills population: Scott Larson, Field Supervisor, South Dakota Ecological Services Office, 605–224– 8693. Boreal toad ...... Drue DeBerry, Field Supervisor, Colorado and Nebraska Field Office, 303–236–4774. Fisher ...... Jodi Bush, Field Supervisor, Montana Ecological Services Field Office, 406–449–5225, ext. 205. Florida Keys mole skink ...... Roxanna Hinzman, Field Supervisor, South Florida Ecological Services Field Office, 772–469–4309. Great Sand Dunes tiger beetle ...... Drue DeBerry, Field Supervisor, Colorado and Nebraska Field Office, 303–236–4774. Kirtland’s snake ...... Dan Everson, Field Supervisor, Ohio Ecological Services Field Office, 614–416–8993. Pacific walrus ...... Patrick Lemons, Chief Marine Mammals Management, Region 7, 907–786–3668. San Felipe gambusia ...... Adam Zerrenner, Field Supervisor, Austin Ecological Services Field Office, 512–490–0057, ext. 248.

If you use a telecommunications and Plants, we are required to make a must make a finding that the petitioned device for the deaf (TDD), please call the finding whether or not the petitioned action is: (1) Not warranted; (2) Federal Relay Service at 800–877–8339. action is warranted (‘‘12-month warranted; or (3) warranted but SUPPLEMENTARY INFORMATION: finding’’), unless we determined that the precluded. ‘‘Warranted but precluded’’ petition did not contain substantial means that (a) the immediate proposal Background scientific or commercial information of a regulation implementing the Within 12 months after receiving any indicating that the petitioned action petitioned action is precluded by other petition to revise the Federal Lists of may be warranted (section 4(b)(3)(B) of pending proposals to determine whether Endangered and Threatened Wildlife the Act (16 U.S.C. 1531 et seq.)). We species are endangered or threatened

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species, and (b) expeditious progress is species-specific assessment forms found (Pyrgulopsis hubbsi), Pahranagat being made to add qualified species to on http://www.regulations.gov under the Pebblesnail (Pyrgulopsis merriami), the Federal Lists of Endangered and appropriate docket number (see White River Valley Pyrg (Pyrgulopsis Threatened Wildlife and Plants (Lists) ADDRESSES above). sathos), Butterfield Pyrg (Pyrgulopsis and to remove from the Lists species for In considering what stressors under lata), Hardy Pyrg (Pyrgulopsis marcida), which the protections of the Act are no the Act’s five factors might indicate that Flag Pyrg (Pyrgulopsis breviloba), Lake longer necessary. Section 4(b)(3)(C) of the species may meet the definition of Valley Pyrg (Pyrgulopsis sublata), Bifid the Act requires that we treat a petition a threatened or endangered species, we Duct Pyrg (Pyrgulopsis peculiaris). for which the requested action is found must look beyond the mere exposure of Previous Federal Actions to be warranted but precluded as though the species to the stressor to determine resubmitted on the date of such finding, whether the species responds to the On February 17, 2009, we received a that is, requiring that a subsequent stressor in a way that causes actual petition from the Center for Biological finding be made within 12 months of impacts to the species. If there is Diversity (the Center), the Freshwater that date. We must publish these 12- exposure to a stressor, but no response, Mollusk Conservation Society, Dr. James month findings in the Federal Register. or only a positive response, that stressor Deacon, and Don Duff requesting that 42 does not cause a species to meet the species of Great Basin springsnails from Summary of Information Pertaining to definition of a threatened or endangered Nevada, Utah, and California be listed the Five Factors species. If there is exposure and the as endangered or threatened species Section 4 of the Act (16 U.S.C. 1533) species responds negatively, the stressor under the Act. Three of those and the implementing regulations at may be significant. In that case, we springsnail species were addressed in part 424 of title 50 of the Code of determine whether that stressor drives an August 18, 2009, 90-day finding (74 Federal Regulations (50 CFR part 424) or contributes to the risk of extinction FR 41649). The remaining 39 set forth procedures for adding species of the species such that the species springsnail species, which includes the to, removing species from, or warrants listing as an endangered or 14 springsnails addressed in this 12- reclassifying species on the Federal threatened species as those terms are month finding, were addressed in a Lists of Endangered and Threatened defined by the Act. This does not September 13, 2011, ‘‘substantial’’ 90- Wildlife and Plants. The Act defines necessarily require empirical proof of day finding (76 FR 56608). ‘‘endangered species’’ as any species impacts to a species. The combination On April 25, 2012, we received from that is in danger of extinction of exposure and some corroborating the Center a notice of intent to file suit throughout all or a significant portion of evidence of how the species is likely to compel us to issue 12-month findings its range (16 U.S.C. 1532(6)), and affected could suffice. The mere for four of the 2009-petitioned species ‘‘threatened species’’ as any species that identification of stressors that could (i.e., Hardy pyrg, flag pyrg, Lake Valley is likely to become an endangered affect a species negatively is not pyrg, and bifid duct pyrg). species within the foreseeable future sufficient to compel a finding that Subsequently, on September 13, 2012, throughout all or a significant portion of listing is appropriate; similarly, the the Center filed a complaint to compel its range (16 U.S.C. 1532(20)). Under mere identification of stressors that do us to issue findings for the four section 4(a)(1) of the Act, a species may not affect a listed species negatively is springsnails. On April 29, 2013, we be determined to be an endangered insufficient to compel a finding that reached a stipulated settlement species or a threatened species because delisting is appropriate. For a species to agreement with the Center, agreeing to of any of the following five factors: be listed or remain listed, we require publish 12-month findings for the four (A) The present or threatened evidence that these stressors are species by September 30, 2017. This 12- destruction, modification, or operative threats to the species and its month finding satisfies the requirements curtailment of its habitat or range; habitat, either singly or in combination, of that stipulated settlement agreement (B) Overutilization for commercial, to the point that the species meets the for Hardy pyrg, flag pyrg, Lake Valley recreational, scientific, or educational definition of an endangered or a pyrg, and bifid duct pyrg. A detailed purposes; threatened species under the Act. discussion of the basis for these findings (C) Disease or predation; In making these 12-month findings, can be found in the Species Assessment (D) The inadequacy of existing we considered and thoroughly Form and the SSA Report that we used regulatory mechanisms; or evaluated the best scientific and in preparing this finding (see ADDRESSES (E) Other natural or manmade factors commercial information available above). affecting its continued existence. regarding the past, present, and future Background We summarize below the information stressors and threats. We reviewed the on which we based our evaluation of the petitions, information available in our All 14 of the species that this finding five factors provided in section 4(a)(1) of files, and other available published and addresses fall within either the genus the Act to determine whether the 14 unpublished information. These Pyrgulopsis or the genus Tryonia. To Nevada springsnail species, Barbour’s evaluations may include information inexperienced and unaided eyes, map turtle, Bicknell’s thrush, Big Blue from recognized experts; Federal, State, species within each genus Pyrgulopsis Springs cave crayfish, Oregon Cascades- and tribal governments; academic and Tryonia appear relatively similar to California and Black Hills populations institutions; foreign governments; one another, but have been collected, of the black-backed woodpecker, eastern private entities; and other members of described, and differentiated based on population of the boreal toad, Northern the public. subtle morphological characteristics Rocky Mountains population of the 14 Nevada Springsnails: Spring using methods described by Hershler fisher, Florida Keys mole skink, Great Mountains Pyrg (Pyrgulopsis deaconi), and Sada (1987, pp. 780–785) and Sand Dunes tiger beetle, Kirtland’s Corn Creek Pyrg (Pyrgulopsis fausta), Hershler (1989, pp. 176–179; 1994, pp. snake, Pacific walrus, and San Felipe Moapa Pebblesnail (Pyrgulopsis 2–4; 1998, pp. 3–11; 2001, p. 2). In gambusia meet the definition of avernalis), Moapa Valley Pyrg general, species of Pyrgulopsis and ‘‘endangered species’’ or ‘‘threatened (Pyrgulopsis carinifera), Grated Tryonia Tryonia are similarly sized. The shell species.’’ More-detailed information (Tryonia clathrata), Blue Point Pyrg heights of adult Pyrgulopsis may range about these species is presented in the (Pyrgulopsis coloradensis), Hubbs Pyrg between approximately 1 and 5 mm

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(0.04 and 0.2 in) and have 3 to 5 whorls water, and adequate spring discharge abundance levels (i.e., scarce, common, (Hershler 1998, pp. 4–9), whereas shell (Service 2017, pp. 42–45). or abundant) across its range as heights of adult grated tryonia may be compared to past survey results. Summary of Status Review approximately 3 to 7 mm (0.1 to 0.3 in) Stressors present include vegetation and and have between 5 to 9 whorls These findings constitute our soil disturbance from ungulate activity (Hershler 2001, p. 7). completion of our review of the (all three springs at Horse Springs The 14 springsnail species occur in a petitioned action. However, we intend Province; Factor A) and recreation (Red portion of the Great Basin, which is a that any listing determination for the 14 Spring and Willow Spring; Factor A), contiguous watershed area of closed Nevada springsnails be as accurate as potential crushing of individuals from drainage basins that retain water and possible. Therefore, we will continue to ungulates and recreationists (all springs allow no outflow to other external accept additional information and except Crystal Spring; Factor E), and bodies of water, such as rivers or comments from all concerned residual impacts associated with oceans. The range and distribution of governmental agencies, the scientific historical spring modification (surface the 14 springsnail species within the community, industry, or any other water diversion) (Kiup Spring and Horse Great Basin overlap 11 hydrographic interested party concerning these Springs Province; Factor A). Although basins (i.e., drainage areas of streams) in findings. these stressors are present, they are not Clark, Lincoln, Nye, and White Pine A species status assessment (SSA) resulting in significant adverse effects to Counties, Nevada, and three was completed for these species and the Spring Mountains pyrg or its habitat. hydrographic basins in Millard County, summarized in an SSA Report (Service Projected future conditions include a Utah. 2017). Below are summary discussions possible decrease in spring discharge Springsnails occur in springs, which for each species, primarily focusing on and insignificant impacts to substrate are relatively small aquatic and riparian impacts to species’ needs within and and vegetation. However, the among populations both currently and systems that flow onto the land surface populations of Spring Mountains pyrg in the future. We focused on the overall through natural processes and are continue to persist with an appropriate condition of the species’ needs here as maintained by groundwater. They range population size, growth rate, and they relate to a species’ ability to widely in size, water chemistry, occupied habitat, and the best available withstand disturbances and stochastic morphology, landscape setting, and information does not indicate any events (resiliency), the distribution of persistence. They occur from mountain reason why the expected condition of populations across the landscape to tops to valley floors, some of which the springs and spring provinces within withstand disturbances and stochastic occur in clusters known as spring the species’ range would not continue to events (redundancy), and the ability for provinces, and are predominantly meet the species’ needs in the each species to adapt to changing isolated from other aquatic and riparian foreseeable future. We also looked for systems. Springs occur where environmental conditions significant portions of the Spring subterranean water under pressure (representation). For detailed scientific Mountain pyrg’s range that might be reaches the earth’s surface through fault information on current and potential endangered or threatened, and we zones, rock cracks, or orifices that occur future conditions of these species, determined that there are no geographic when water creates a passage by including full discussions of resiliency, concentration of stressors (see our dissolving rock. Most springs are redundancy, and representation for each Species Assessment Form, Section considered unique based on the species, please see the SSA Report. As 15.1.3 available on the Internet at http:// province influences of aquifer geology, explained further in the SSA Report, for www.regulations.gov under Docket No. morphology, discharge rates, and all of these springsnails we considered FWS–R8–ES–2011–0001). regional precipitation (Sada and the foreseeable future to be 50 years Pohlmann 2002, pp. 3–5). Details because: (1) It is within the range of the Corn Creek Pyrg—There are three regarding the subject springs’ size, water available hydrological and climate populations of the Corn Creek pyrg that transport or flow system, and change model forecasts; and (2) because continue to occupy the entirety of its environmental characteristics (such as of the short generation time of these known historical range, including five temperature, dissolved oxygen, and springsnails (approximately 1 year), 50 spring source locations in Clark County, other water chemistry conditions) are years encompassed approximately 30 to Nevada, which are within the Desert described in the supporting SSA Report 40 generations, which is a relatively National Wildlife Refuge managed by for these species (Service 2017, pp. 40– high number of generations over which the Service (Sada 2017, pp. 76–79). The 42). to observe effects to the species. relative abundance of Corn Creek pyrg The genetic diversity of springsnails Spring Mountains Pyrg—The Spring has varied between sites and surveys. is not well understood, particularly as it Mountains pyrg has been reported to Residual impacts associated with relates to their ability to adapt to short- occur historically at a total of nine historical spring modification (surface and long-term environmental changes. springs in the Spring Mountains area of water diversion, channel modification, Based on their restricted distributions Clark and Nye Counties, Nevada; and impoundment) occur at Corn Creek within a springbrook (water outflow however, subsequently its presence has Springs Province (Factor A). from a spring source), they seem to be been confirmed at only eight of the nine Additionally, there are insignificant limited to a range of physical and springs. Surveys at six of these locations residual impacts from beneficial habitat biological parameters that exist within indicate that the downstream extent and restoration (Factor A) at four of the five that occupied area (Sada 2017, p. 13), abundance of this species fluctuates springs. Projected future conditions one known parameter being their during and between years. Populations include a possible decrease in spring dependency on perennial water of Spring Mountains pyrg have typically discharge, which is a result of future (Hershler and Liu 2008, p. 92). Overall, been abundant or common during changing climate conditions in the best available information indicates surveys in recent years. A variety of conjunction with a possible increase in that the 14 Nevada springsnails’ stressors have been negatively affecting groundwater withdrawal (although, if it physical and ecological needs include the springs both historically and occurs, this is not expected to be sufficient water quality, adequate currently, and individuals continue to significant across the species’ range). substrate and vegetation, free-flowing occupy those seven springs at similar We project that, at a minimum, four

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springs total (two populations) are likely (Cardy Lamb). The best available data activities are evident throughout the to remain viable in the foreseeable indicate that various stressors have been species’ range, although surveys do not future even with the potential stressor of negatively affecting the springs both indicate that the activities have had ground water withdrawal effects, historically and currently, although it significant impacts on the species across particularly given the significant appears not to the degree that the entire its range. Projected future conditions protections and management afforded populations have been affected over include a possible decrease in spring the springs due to their presence within time. Overall, the likelihood that 5 of discharge that, if manifested, could the Desert National Wildlife Refuge both the 6 populations (15 springs) for each result in the loss of the Cardy Lamb currently and into the future (the species will continue to persist with Spring population. However, the best Species Assessment form describes in appropriate population sizes and growth available information indicates that more detail our analysis of these rates appears high based on both there is a high likelihood that 10 of the protections). We also looked for species’ demonstrated ability to persist 11 populations of grated tryonia will significant portions of the Corn Creek with disturbances in the past, as well as continue to persist in the foreseeable pyrg’s range that might be endangered the future expected conditions, and the future with an appropriate population or threatened, and we determined that best available information does not size and growth rate. We also looked for there was a geographic concentration of indicate any reason why the expected significant portions of the grated stressors but that portion was not condition of the springs and spring tryonia’s range that might be significant, and thus did not meet the provinces within the species’ range endangered or threatened, and we criteria of an SPR (see our Species would not continue to meet the species’ determined that there are no geographic Assessment Form, Section 15.1.3 needs in the foreseeable future. We also concentration of stressors (see our available on the Internet at http:// looked for significant portions of the Species Assessment Form, Section www.regulations.gov under Docket No. Moapa pebblesnail and Moapa Valley 15.1.3 available on the Internet at http:// FWS–R8–ES–2011–0001). pyrg ranges that might be endangered or www.regulations.gov under Docket No. Moapa Pebblesnail and Moapa Valley threatened, and we determined that FWS–R8–ES–2011–0001). Pyrg—The Moapa pebblesnail and there was a geographic concentration of Blue Point Pyrg—The Blue Point Moapa Valley pyrg are endemic stressors but that portion was not pyrg’s range has always been limited to springsnails that co-occur at 6 locations significant, and thus did not meet the Blue Point Spring (Hershler 1998, p. 29), (springs and spring provinces, totaling criteria of an SPR (see our Species which is owned and managed by the 16 springs) in Clark County, Nevada, Assessment Form, Section 15.1.3 National Park Service (Lake Mead which is the entirety of their historical available on the Internet at http:// National Recreation Area) in Clark ranges. Their abundance and www.regulations.gov under Docket No. County, Nevada. The species’ distribution vary temporally and in FWS–R8–ES–2011–0001). abundance is known to vary over time: response to restoration (documented to Grated Tryonia—The grated tryonia is Scarce in the early 1990s, potentially be scarce to abundant over survey an endemic springsnail that occurs in 5 extinct prior to 2001, rediscovered in periods), and the best available data springs and 6 spring provinces, totaling 2006, common or abundant in 2012, indicate that the populations for both greater than 31 springs in Clark, scarce in 2014, common or abundant in species are stable. Moapa Valley pyrg Lincoln, and Nye Counties, Nevada: 3 2015, and again common in 2017 typically appears more abundant than springs exhibit common relative (Service 2017, p. 137). The primary Moapa pebblesnail. The primary abundance, 6 exhibit scarce abundance stressor for this species is aquatic impacts are at one spring that is (which historically is the most-frequent invasive predation (Factor C), although currently low-flow—Cardy Lamb relative abundance value recorded other stressors that may negatively affect Spring—which represents residual across its range, suggesting the species’ the species to a lesser degree are impacts from historical spring abundance is inherently scarce), and for vegetation and substrate damage from modifications (surface diversion, 3 springs the presence of the species ungulate use and roads (Factor A), as channel modification, and must be presumed because there was no well as residual impacts from historical impoundment) (Factor A), as well as access to the springs during the most- spring modification (Factor A). presence of invasive species recent surveys in 2016. This occupied Although invasive species are the (mosquitofish (Gambusia affinis) and area is the entirety of its known primary stressors for Blue Point pyrg, red-rimmed melania (Melanoides historical range (multiple springs at they do not occur in high numbers or tuberculate)) that may predate upon the multiple locations). The primary densities such that population- or species (Factor C) or compete with stressors are invasive species (Factors C rangewide-level effects are evident. resource needs (Factor E) of the Moapa and E) and residual impacts from spring Overall, although stressors are present at pebblesnail. Baldwin Spring also modification and habitat restoration Blue Point Spring, they do not appear to harbors invasive species (Factors C and activities (Factor A), which have been be resulting in significant adverse E) and experiences residual impacts negatively affecting the springs effects to Blue Point pyrg or its habitat from historical spring modifications historically and currently to varying (i.e., the species’ needs continue to be (surface diversion and channel degrees. Invasive species occur at a met, and there is no information to modification) (Factor A). Additionally, greater abundance at Baldwin Spring indicate declining population trends). residual historical impacts are evident and Ash Spring Province as compared Given the continued disturbance from to an insignificant degree from spring to Cardy Lamb Spring, Moorman Spring, some of these stressors, and the modifications and restoration (Factor A) and Hot Creek Springs Province; continued presence of the species at this at Apcar Springs Province, Pederson however, invasive species do not occur spring, Blue Point pyrg appears resilient Springs Province, and Plummer Springs in high numbers or densities such that over the long term in the face of these Province. The species’ needs (adequate population- or rangewide-level effects impacts. The spring modification that water quality and discharge, substrate are evident. Residual impacts from occurred historically is not expected to and vegetation, and free-flowing water) historical spring modifications (surface be restored to its natural condition, are being met throughout its range, diversions, channel modifications, or although springsnails continue to although water flow is low at one spring impoundments) or from past restoration persist now and are expected to persist

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into the future, despite this surface carbonate aquifer that Crystal Springs springsnail individuals may be modification. Additionally, the spring is Province relies on. Although the species impacted, the species’ needs would still expected to continue to experience an is now found in only one spring, we be met in the foreseeable future. We also insignificant level of impacts from soil concluded in the Species Assessment looked for significant portions of the and vegetation disturbances. Even with Form that the resiliency of the species Pahranagat pebblesnail’s range that both these residual, historical impacts within that spring is sufficiently high might be endangered or threatened, and and the potential addition of ground that the species is not in danger of we determined that there are no water withdrawal if it occurs, there is no extinction or likely to become so in the geographic concentration of stressors evidence to suggest that these stressors foreseeable future. Therefore, at this (see our Species Assessment Form, are likely to increase in magnitude to time, there is no evidence to suggest that Section 15.1.3 available on the Internet such a degree that the population of the stressors discussed herein are likely at http://www.regulations.gov under Blue Point pyrg would be lost, or to increase in magnitude into the future Docket No. FWS–R8–ES–2011–0001). decline to a significant degree as a result to such a degree that the population of White River Valley pyrg—The White in the foreseeable future. We also looked Hubbs pyrg would be lost, or decline to River Valley pyrg occurs in seven for significant portions of the Blue Point a significant degree as a result in the populations at nine springs or provinces pyrg’s range that might be endangered foreseeable future. We also looked for in Nye and White Pine Counties, or threatened, and we determined that significant portions of the Hubbs pyrg’s Nevada. Although some historical there are no geographic concentration of range that might be endangered or habitat was lost for this species, it stressors (see our Species Assessment threatened, and we determined that currently occupies multiple springs at Form, Section 15.1.3 available on the there are no geographic concentrations multiple locations throughout its known Internet at http://www.regulations.gov of stressors (see our Species Assessment historical range. Two additional springs under Docket No. FWS–R8–ES–2011– Form, Section 15.1.3 available on the that could possibly contain the species 0001). Internet at http://www.regulations.gov have not been accessed since 1999 and 2007; there is no evidence to suggest Hubbs Pyrg—Hubbs pyrg has been under Docket No. FWS–R8–ES–2011– that the species no longer occurs at reported from two spring areas on 0001). those locations. The White River Valley private land in Lincoln County, Nevada: Pahranagat Pebblesnail—This pyrg in Flag Springs, Camp Spring, springsnail is consistently found to be Hiko Spring and Crystal Springs Lund Spring, and Preston Big Spring Province (two springs) (Service 2017, common or abundant within four appears to be thriving. The primary Figure 5.5; Hershler 1998, pp. 35–37; springs and spring provinces (greater stressor affecting the species is residual Sada 2017, pp. 80–81). The species is than nine springs) in Lincoln and Nye impacts from historical spring likely extirpated from Hiko Spring; in Counties, Nevada. This area is the modifications (Factor A), primarily at 2000, Sada (2017, p. 80) observed that entirety of its known historical range. Cold Spring and Nicholas Spring, the spring box was significantly Although none of its springs are in although these residual impacts are also modified, and the pyrg has not been natural condition or resemble natural evident to a lesser degree at three other observed since. Hubb’s pyrg is characteristics, physical alteration of springs and one spring province. presumed extant at Crystal Springs these habitats has all been historical, Although no significant effects were Province where it has been found to be and the springs have naturalized to a noted, invasive species (Factor C) occur common or abundant from surveys stable condition. Relative abundance at Preston Big Spring, and vegetation conducted between 1992 and 2015 (see and springbrook data have varied by and substrate impacts (Factor A) from Table 5.35 in the SSA Report (Service spring and year, although the most- roads, ungulate use, and recreation were 2017, p. 140)). The best available recent survey information indicates it is also evident at four springs. information indicates that the primary currently abundant to common The best available information stressor for this species is residual throughout its range. There are no indicates that the current stressors impacts associated with historical stressors that are significantly affecting (spring modification, vegetation and soil spring modifications (surface diversion, the species, although some presence of disturbance from ungulates, invasive channel modification, and invasive species (Factor C) and residual aquatic species) have existed impoundment) (Factor A). It is impacts from historical spring historically across the species’ range, reasonable to assume that some residual modifications (Factor A) are likely resulting in a likelihood of some temporary negative impacts associated resulting in insignificant effects. continued residual impacts to with historical spring modifications Although these stressors are present, individuals or populations, but on a currently exist. However, there is no they do not appear to be resulting in limited scale that does not affect the evidence to suggest that the Hubbs pyrg significant adverse effects to Pahranagat entire range of the species; no current is not continuing to occupy Crystal pebblesnail or its habitat (i.e., the impacts appear to exist at the Flag Springs Province at similar abundance species’ needs continue to be met at Springs Province (three springs). Thus, levels (i.e., common or abundant) as affected springs, and there is no the best available information indicates recorded previously. Thus, although information to indicate declining that White River Valley pyrg continues spring modifications still exist at Crystal population trends across the species’ to occupy multiple springs at Springs Province, the best available range). Future conditions are projected abundance levels (common or information indicates there are no to include the continued presence of abundant) similar to historical levels significant adverse effects to Hubbs pyrg invasive species. There is also potential (albeit presumed occupancy for three of or its habitat (i.e., the species’ needs for future decreased flow or ground the populations). At this time, although continue to be met, and there is no water withdrawals across this species’ stressors are present, they do not appear information to indicate declining range if climate change or pressures to be resulting in any significant adverse population trends). Potential future from oil or gas development occur; effects to White River Valley pyrg or its changes in climate conditions (increases however, if any such reduction in flow habitat (i.e., the species’ needs continue in temperature or decreases in or reduced substrate and vegetation to be met at affected springs, and there precipitation) are not likely to cause conditions occur, impacts are predicted is no information to indicate declining significant impacts to the regional to be insignificant; thus, even if population trends across the species’

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range). Four populations—Flag Springs range). It is likely that all populations populations (11 springs) would be able Province, Camp Spring, Lund Spring, will continue to persist into the future. to withstand future stochastic events, and Preston Big Spring—consisting of The most probable impacts to the regardless of the lowered resiliency. five to eight springs are likely to species’ needs are potential reduced Overall, we expect habitat conditions continue to provide for the species’ aquifer levels if climate change may be reduced to some extent, but needs into the foreseeable future. predictions (minimal increase in overall conditions will remain suitable Existing stressors (i.e., presumed temperature and decrease in for the Hardy pyrg in the foreseeable invasive species (nonnative fish), precipitation) come to fruition. If flow future. We also looked for significant vegetation and soil disturbance from does decrease, it is not expected to portions of the Hardy pyrg’s range that roads, and historical spring affect the species’ needs negatively to might be endangered or threatened, and modifications) are likely to continue but such a degree that springsnail we determined that there are no only to affect individuals of the species abundance would decrease or springs geographic concentrations of stressors or to result in insignificant effects to would be lost in the foreseeable future. (see our Species Assessment Form, populations. Additionally, abundance We also looked for significant portions Section 15.1.3 available on the Internet levels are expected to continue at this of the Butterfield pyrg’s range that might at http://www.regulations.gov under same status (abundant or common), be endangered or threatened, and we Docket No. FWS–R8–ES–2011–0001). having persisted over time regardless of determined that there was a geographic Flag Pyrg—Flag pyrg occurs in two the historical surface water diversions. concentration of stressors; however, we populations (four springs) in Nye We also looked for significant portions found those stressors were not likely to County, Nevada: Meloy Spring and Flag of the White River Valley pyrg’s range cause the species in that portion to be Springs Province. Both of these areas that might be endangered or threatened, in danger of extinction now or in the represent the entirety of the species’ and we determined that there are no foreseeable future. Therefore, no portion known historical range. They both geographic concentrations of stressors of the Butterfield pyrg’s range meets the contain large populations that have (see our Species Assessment Form, criteria of an SPR (see our Species historically and currently been Section 15.1.3 available on the Internet Assessment Form, Section 15.1.3 classified as common or abundant (with at http://www.regulations.gov under available on the Internet at http:// the exception of Flag Spring C where Docket No. FWS–R8–ES–2011–0001). www.regulations.gov under Docket No. none were found in 2016 (Service 2017, Butterfield Pyrg—Butterfield pyrg FWS–R8–ES–2011–0001). p. 190). Although this pyrg may be occurs as two populations (likely five present in low numbers or absent at Flag springs) at the Butterfield Springs Hardy Pyrg—The Hardy pyrg occurs Province in Nye County, Nevada, which in White River Valley, Nye County, Spring C, all remaining populations is the likely historical range. Although Nevada. Although some historical appear to be thriving. The overall two of the five springs could not be habitat was lost for this species, it condition of these four springs is high, located during recent survey efforts, currently occupies multiple springs at with the only stressor known to affect there is no evidence to suggest that the multiple locations (8 populations within these populations being residual springs no longer exist. We determined 24 springs) throughout its known impacts from historical spring that the species’ needs are being met (or historical range. The species’ abundance modifications (surface diversions at presumed to be met, noting additional in some springs varies, including recent both locations, and an impoundment at surveys are necessary to locate two of surveys showing the species’ abundance Meloy Spring) (Factor A). Although the five spring sources). The primary to range from none to common or residual effects from this stressor are stressors, although insignificant where abundant. The most common stressors present, the spring modifications are not they occur, are vegetation and soil across the range of the species include resulting in significant adverse effects to disturbance from ungulate use (Factor vegetation and soil disturbance from the Flag pyrg or its habitat (i.e., the A), invasive species (Factor C), and ungulate use (Factor A), as well as species’ needs continue to be met at residual impacts from historical spring potential for crushed springsnails (seven affected springs, and there is no modifications (Factor A). The best populations; Factor E), and residual information to indicate declining available data indicate that residual impacts from historical spring population trends across the species’ impacts occur at the springs from past modifications (surface diversions, range). There is potential for future surface water diversions and channel modifications, or reduced flow and possibly reduced disturbance of substrate and vegetation impoundments at six populations; substrate and vegetation conditions at from ungulate activity, in addition to Factor A). Additionally, three both locations if climate change invasive plants present at two of the populations are subject to vegetation projections are realized; however, if any springs. Regardless of these historical and soil disturbance from roads (Factor such reduction in flow or reduced and current impacts, the species was A), and two also contain invasive substrate and vegetation conditions found to be both scarce and abundant species (Factor C). Although these occur, impacts to this species are (the latter at the largest spring in the stressors are present, they are not expected to be insignificant; even if province) at the three springs surveyed resulting in significant adverse effects to springsnail individuals may be in 2016. Hardy pyrg or its habitat (i.e., the impacted, the species’ needs would still We are also unaware of any projects species’ needs continue to be met at be met. Because the springs have or activities occurring that would result affected springs, and there is no substantially high rates of free-flowing in significant negative effects to the information to indicate declining water, we expect habitat conditions may species’ needs. Although there are population trends across the species’ be reduced, but overall conditions are stressors present, they are not resulting range). A decrease in spring discharge in likely to remain suitable for the Flag in significant adverse effects to the future, if it occurs, may result in pyrg in the foreseeable future. We also Butterfield pyrg or its habitat (i.e., the reduced Hardy pyrg population looked for significant portions of the species’ needs continue to be met at resiliency (possibly loss of the Ruppes Flag pyrg’s range that might be affected springs, and there is no Boghole Springs). Based on the current endangered or threatened, and we information to indicate declining spring characteristics, stressors, and determined that there are no geographic population trends across the species’ habitat conditions, we believe at least 6 concentrations of stressors (see our

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Species Assessment Form, Section determined that there are no geographic representation is not likely to be 15.1.3 available on the Internet at http:// concentrations of stressors (see our reduced to a significant degree in the www.regulations.gov under Docket No. Species Assessment Form, Section foreseeable future. This conclusion is FWS–R8–ES–2011–0001). 15.1.3 available on the Internet at http:// based on: (1) There are no proposed Lake Valley Pyrg—Although some www.regulations.gov under Docket No. projects or negative changes in historical habitat was lost for this FWS–R8–ES–2011–0001). management practices expected in the species, Lake Valley pyrg currently Bifid Duct Pyrg—The bifid duct pyrg foreseeable future, and (2) any future occupies multiple springs at multiple occurs in White Pine County, Nevada, reduction in discharge or other species locations throughout its known and Millard County, Utah. Although needs is not likely to be significant historical range. Specifically, Lake some historical habitat was lost for this given the overall adequacy of current Valley pyrg is known from four springs species, it currently occupies a wide conditions (particularly spring at Wambolt Springs Province (Lake distribution within multiple springs at discharge; see Service 2017, Table 6.13, Valley, Lincoln County, Nevada), where multiple locations throughout its known p. 268) throughout the majority of the it occurs as two populations. Surveys in historical range (11 extant bifid duct species’ range such that springs or 2009 found Lake Valley pyrg in three of pyrg populations in 18 springs), which populations would be lost. We also the four springs surveyed—Wambolt can help protect the species against looked for significant portions of the Springs A, C, and D—which closely potential catastrophic events. bifid duct pyrg’s range that might be align in a meadow, whereas surveys in Abundance varies across the species’ endangered or threatened, and we 2016 found the species in Wambolt range. During 2016 surveys, it was determined that there was a geographic Springs B, C, and D where Sada (2017, common or abundant in the majority of concentration of stressors but that pp. 112–113) considered them springs where it was found. It also portion was not significant, and thus abundant. With regards to stressors, appears that it consistently did not meet the criteria of an SPR (see spring modification (surface diversion; demonstrates relatively high abundance our Species Assessment Form, Section Factor A) and cattle disturbance to numbers in all but one of the 18 springs, 15.1.3 available on the Internet at http:// vegetation and substrate (Factor A) are and that the species has been both www.regulations.gov under Docket No. evident. The Wambolt Springs Province historically and currently scarce in the FWS–R8–ES–2011–0001). has historically experienced some remaining spring. The most significant spring modifications and ungulate use stressors across the species’ range Finding that disturbs substrate and vegetation; include residual impacts associated Based on our review of the best ungulate use continues currently, with historical spring modification available scientific and commercial although Lake Valley pyrg’s relative (eight populations; Factor A), damaged information pertaining to the five abundance numbers do not appear substrate and vegetation from ungulate factors, as well as the number and significantly affected. At this time, use (Factor A), the potential for crushed distribution of springs and spring although these stressors are present, springsnails from ungulate use (Factor provinces for each of the 14 springsnail they are not resulting in significant E), and, to a significantly lesser extent, species, the continued presence of adverse effects to Lake Valley pyrg or its potential vegetation and substrate adequate resources to meet the species’ habitat (i.e., the species’ needs continue impacts (Factor A) from roads (three needs, and our consideration of the to be met at affected springs, and there springs) and recreation (three springs). species’ continued redundancy, is no information to indicate declining Additionally, one spring (Maple Grove resiliency, and representation, we population trends across the species’ Springs) has invasive species (Factor C) conclude that the impacts on the 14 range). present, although at insignificant species and their habitat are not of such With regard to our future conditions abundance levels. The best available imminence, intensity, or magnitude to analysis, the most probable impacts to data indicate that there are no projects indicate that any of the 14 springsnail the species’ needs are associated with or activities occurring or proposed that species are in danger of extinction (an reduced aquifer levels if climate change would result in significant negative endangered species), or likely to become predictions (minimal increase in effects to the species’ needs. so within the foreseeable future (a temperature and decrease in At this time, although these stressors threatened species), throughout all or a precipitation) come to fruition, as well are present, they are not resulting in significant portion of their ranges. We as with vegetation and soil disturbance significant adverse effects to bifid duct conclude there is no evidence of any from ungulate activity. Additionally, pyrg or its habitat (i.e., the species’ significant impacts to the species such there are no proposed projects that are needs continue to be met at affected that there is or would be in the likely to impact the species or its habitat springs, and there is no information to foreseeable future a loss of the resources in the future. The greatest potential indicate declining population trends needed to meet the species’ physical future impacts—ground water across the species’ range). A decrease in and ecological needs across all 14 of the withdrawal or changes in climate spring discharge, if it occurs in the species’ ranges. Nor is there any conditions—may result in future future, may result in a reduction in evidence that there are any significant reductions in spring discharge and free- resiliency for all populations of bifid flowing water; however, the best duct pyrg. The degree to which portions of the species’ ranges where the available information suggests that any reduction in discharge would affect species could be in danger of extinction realized negative effects would not resiliency would vary among or likely to become so in the foreseeable result in significant population- or populations, based on the current size of future. Thus, our future analysis reveals rangewide-level effects. In other words, the population, the amount of flow at a low risk of extirpation in the Lake Valley pyrg’s resiliency, each spring site, the extent of habitat, foreseeable future for all 14 species. redundancy, or representation is not and uncertainties associated with Barbour’s Map Turtle (Graptemys likely to be reduced to a significant management on private land and barbouri) degree in the foreseeable future. We also proposed groundwater development looked for significant portions of the projects. The best available information Previous Federal Actions Lake Valley pyrg’s range that might be indicates that the bifid duct pyrg’s On April 20, 2010, we received a endangered or threatened, and we resiliency, redundancy, or petition from the Center to list 404

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aquatic, riparian, and wetland species cooler water temperatures but do not assessed a range of future conditions to from the southeastern United States as hibernate. Basking is required for allow us to consider the species’ endangered or threatened species under thermoregulation, prevention and resiliency, redundancy, and the Act, including Barbour’s map turtle. destruction of parasites and fungi that representation. Resiliency describes the On September 27, 2011, we published a may grow on the carapace or skin, and ability of a population to withstand 90-day finding in the Federal Register exposure to ultraviolet radiation for stochastic disturbance effects. (76 FR 59836) concluding that the absorption of vitamin D. Map turtles are Redundancy describes the ability of the petition presented substantial easily startled and will dive into the species to withstand catastrophic information indicating that listing the water for protection. disturbance events. Representation Barbour’s map turtle may be warranted. River sinuosity, meaning the amount characterizes a species’ adaptive As a result of the Service’s 2012 and type of curves and bends, plays an potential by assessing geographic, settlement agreement with the Center, important part in providing habitat, genetic, ecological, and niche the Service is required to submit a shelter, and food for this species. The variability. Together, resiliency, proposed listing rule or not-warranted more bends and curves a river or creek redundancy, and representation 12-month finding for the Barbour’s map has, the more riparian area that could be comprise the key characteristics that turtle to the Federal Register by present to provide woody vegetation contribute to a species’ ability to sustain September 30, 2017. This notice and snags for basking and sheltering, populations in the wild over time. satisfies the requirements of that increased diversity of water depth and A species with multiple resilient settlement agreement for the Barbour’s flow, more exposed open sandbars to populations distributed across its range provide advantageous nesting areas, and map turtle, and constitutes the Service’s is more likely to persist into the future habitat for food sources consumed by all 12-month finding on the April 20, 2010, and avoid extinction than a species with life stages of Barbour’s map turtle. petition to list the Barbour’s map turtle fewer, less-resilient populations. For the as an endangered or threatened species. Summary of Status Review purposes of this assessment, Background In completing the status review for populations were delineated using The Barbour’s map turtle is a the Barbour’s map turtle, we considered HUC8 watersheds that Barbour’s map freshwater riverine turtle found in the and evaluated the best scientific and turtles have historically occupied or Apalachicola–Chattahoochee–Flint commercial information available, and currently occupy. The Barbour’s map (ACF) Rivers and their major evaluated the potential stressors that turtle currently occupies 16 HUC8 tributaries—Choctawhatchee, Pea, could be affecting the Barbour’s map watersheds within the ACF River basin Ochlockonee, and Wacissa Rivers in turtle, including the Act’s five threat and the Choctawhatchee, Ochlockonee, southeastern Alabama, southwestern factors. This evaluation includes and Wacissa River basins. Overall, Georgia, and the Florida panhandle. information from all sources, including estimates of current resiliency, Barbour’s map turtles are mostly found Federal, State, tribal, academic, and representation, and redundancy for in riverine habitats, although they may private entities and the public. The Barbour’s map turtle are considered to also be found in creeks, streams, and Species Status Assessment Report be moderate to high, with the exception impoundments. These map turtles are (Service 2017b, entire) for the Barbour’s of the Upper Choctawhatchee River, and historically known from the ACF River map turtle summarizes and documents we did not find any evidence that these drainage (to include Chattahoochee, the biological information we conditions may change in the future. Flint, and Chipola Rivers) of assembled, reviewed, and analyzed as Our estimation of the species’ moderate southeastern Alabama, southwestern the basis for our finding. While the to high resiliency, redundancy, and Georgia, and the Florida panhandle and petition stated concerns regarding representation throughout the majority some of their tributaries. Stream impacts to the species from stressors of its range suggest that it has the ability geomorphology in the ACF River basin within the five factors, we concluded to sustain its populations into a 30-year is characterized by steep, sandy banks that the species is resilient to the time horizon. This timeframe captures and Ocala limerock outcrops with stressors and current impacts to the the time period of 2–3 generations of alternating shallow, rocky shoals and species do not rise to a level that would Barbour’s map turtles, as well as our deep, sandy pools. The abundance of warrant listing under the Act. best professional judgment of the Barbour’s map turtles in the ACF River Our review of the best available projected future conditions related to basin has led researchers to believe the science indicates that the Barbour’s map either environmental stressors (e.g., limestone substrate and water depth are turtle continues to occupy most of its water management, deadhead logging, important elements of the species’ historical range in the ACF River basin dredging or channel maintenance for habitat. Barbour’s map turtles have and additional locations beyond the commerce and public use of the recently been found outside the known historical range. Although the Barbour’s waterways) or systematic changes (e.g., historical range in the Wacissa and map turtle faces a variety of impacts climate change, riparian management or Ochlockonee Rivers in the Florida from reduced water flow from dams, regulatory mechanisms, human panhandle and the Choctawhatchee and fluctuating levels of water quality and consumption, and pet trade collection). Pea Rivers in Alabama and Florida habitat availability, dredging, and We evaluated the current range of the panhandle. deadhead logging, the species has Barbour’s map turtle to determine if Map turtles are avid baskers, basking continued to persist and the magnitude there are any apparent geographic up to 6 or more hours a day from March of these threats is not expected to concentrations of potential threats to the through October. In Florida and significantly change in the near future. species. The risk factors that occur southern Alabama, map turtles will bask Furthermore, the impacts from any of throughout the Barbour’s map turtle’s during every month of the year as long the stressors—either individually or range include reduction of water flow as the ambient temperature is above cumulatively—are not likely to affect from dams (Factor A), climate change water temperature. In the northern the species at a population- or range- (Factor A), deadhead logging (Factor A), portion of their range in Georgia and wide level in the near term. dredging (Factor A), and human during cold spells throughout the To evaluate the current and future exploitation (Factor B). There was no region, turtles become lethargic in the viability of the Barbour’s map turtle, we concentration of threats identified

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across its range. Therefore, there is no biological vulnerability and threats were petition to list the Bicknell’s thrush as portion of the species’ range where the not currently available to support an endangered or threatened species. species could be in danger of extinction proposed rules. In 1996, the Service Background or likely to become so in the foreseeable discontinued the list of category 2 future, and the Barbour’s map turtle is candidate species, resulting in the This information is summarized from not in danger of extinction currently, removal of the Bicknell’s thrush from the Service’s Bicknell’s Thrush nor is it likely to become so in the candidate status (61 FR 64481, Biological Species Report (Species foreseeable future, in a significant December 5, 1996). Report) (Service 2017c, entire); for more portion of its range. On August 26, 2010, we received a detail, please see the Bicknell’s Thrush petition dated August 24, 2010, from the Species Report available on the Internet Finding Center, requesting that the Bicknell’s at http://www.regulations.gov under Based on our review of the best thrush be listed as an endangered or Docket No. FWS–R5–ES–2012–0056. available scientific and commercial threatened species under the Act and The Bicknell’s thrush is a migratory information pertaining to the five that critical habitat be designated. bird: The smallest of North American factors, as well as the number and Included in the petition was supporting Catharus thrushes in the family distribution of populations, the information regarding the species’ Turdidae, which includes all birds continued presence of adequate natural history and ecology, population related to the robins. Due to similar resources to meet the species’ needs, status, and threats to the species, morphometric (related to size and and our consideration of the species’ including: Habitat loss and climate shape) characteristics, positively continued redundancy, resiliency, and change (Factor A); disease and identifying a Bicknell’s thrush from representation, we conclude that the predation (Factor C); the inadequacy of other North American Catharus impacts on the species and its habitat existing regulatory mechanisms (Factor thrushes, especially the gray-cheeked are not of such imminence, intensity, or D); and exposure to mercury, acid thrush (C. minimus), requires close magnitude to indicate that the Barbour’s deposition, interspecific competition, scrutiny. However, trained biologists map turtle is in danger of extinction (an and disturbance by recreationists can tell similar species apart. We have endangered species), or likely to become (Factor E). carefully reviewed the available so within the foreseeable future (a On September 9, 2011, the U.S. taxonomic information and conclude threatened species), throughout all or a District Court for the District of that the Bicknell’s thrush (Catharus significant portion of its range. Columbia approved two settlement bicknelli) is a valid taxonomic species. We conclude there is no evidence of agreements: One agreement between the The Bicknell’s thrush breeds during any significant loss of the resources Service and the Center and a second the summer (May to August) in areas of needed to meet the species’ physical agreement between the Service and the northeastern United States and and ecological needs across the species’ WildEarth Guardians (Guardians). The southeastern Canada. Individuals start range, nor is there any evidence of agreements enabled the Service to migrating in late September or early declining numbers of turtles at any of systematically, over a period of 6 years, October by following a coastal route the locations. Rather, recent surveys review and address the needs of more south to Virginia, where most birds (1990s–2000s) have resulted in a larger than 250 species listed on the 2010 depart, flying across the ocean to the Bahamas and Cuba, before finally species range than that which was Candidate Notice of Review (75 FR arriving in the Greater Antilles (i.e., the previously known. 69222, November 10, 2010). The grouping of larger islands in the Therefore, we find that listing the agreements also included additional Caribbean, including but not limited to Barbour’s map turtle as a threatened or scheduling commitments for a small the Bicknell’s thrush’s wintering areas an endangered species or maintaining subset of the actions in the 6-year work in Cuba, Haiti, the Dominican Republic, the species as a candidate is not plan that were consistent with the Jamaica, and Puerto Rico) sometime warranted throughout all or a significant Service’s objectives and biological during mid-October through early portion of its range. A detailed priorities. For the Bicknell’s thrush, the November. Wintering occurs in the discussion of the basis for this finding settlement agreement with Guardians Greater Antilles (October to March), and can be found in the Barbour’s map turtle specified that we would complete a 90- migration occurs back overland through species-specific assessment form and day petition finding by the end of fiscal the Southeast United States in spring other supporting documents available year 2012. On August 15, 2012, we published a 90-day finding for the (April to May) to reach its breeding on the Internet at http:// Bicknell’s thrush (77 FR 48934) grounds. www.regulations.gov under Docket No. indicating that the petition provided Breeding habitat for the Bicknell’s FWS–R4–ES–2017–0065. substantial information indicating that thrush consists of dense tangles of both Bicknell’s Thrush (Catharus listing the species because of Factors A, living and dead ‘‘stunted’’ trees that are bicknelli) D, and E may be warranted, and predominately balsam fir (Abies initiated a status review. balsamea) with lesser amounts of red Previous Federal Actions In 2013, the Center filed a complaint spruce (Picea rubens) and white birch In 1994, the Bicknell’s thrush was against the Service for failure to (Betula papyrifera var. cordifolia) determined to be a category 2 species of complete a 12-month finding for the (Wallace 1939, p. 285; Ouellet 1993, p. concern and we announced that finding Bicknell’s thrush within the statutory 561; Rimmer et al. 2001, p. 7; McKinnon in the Animal Candidate Review for timeframe. The Service entered into a et al. 2014, p. 2). Except in the case of Listing as Endangered or Threatened settlement agreement with the Center to the Canadian provinces, where the Species (59 FR 58982, November 15, address the complaint; the court- species has been found at lower 1994). Category 2 was defined as approved settlement agreement elevations along the coast and in including taxa for which the Service specified a 12-month finding for the regenerating industrial forests at higher had information indicating that Bicknell’s thrush would be delivered to elevations, the species breeds mostly in proposing to list as endangered or the Federal Register by September 30, stunted high-elevation or montane threatened was possibly appropriate, 2017. This notice constitutes the 12- spruce-fir forests located close to, but but for which persuasive data on month finding on the August 26, 2010, below, timberline (i.e., at elevations

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above 700 m (2,300 ft)) (Wallace 1939, fecundity rates, we evaluated existing found. It is also likely that pp. 248, 286; Ouellet 1993, pp. 560, 561; stressor-related data and qualitatively socioeconomic and development Atwood et al. 1996, p. 652; Nixon et al. assessed the individual and cumulative pressures, especially in the Dominican 2001, p. 38; Rimmer et al. 2001, p. 7; effects of those stressors on individual Republic and Haiti, will result in further Glennon and Seewagen 2016, p. 134; Bicknell’s thrush, aggregates of losses of the species’ preferred habitat, Aubry et al. 2016, p. 304). Although the Bicknell’s thrush in the breeding or as forests are converted to other land Bicknell’s thrush exhibits some wintering grounds, and at the species uses. flexibility in the elevation of its level. From this assessment, we The stressors we evaluated in detail in breeding habitats, the species conclude that habitat loss in the our Bicknell’s Thrush Report (Service demonstrates a strong preference for a wintering range has most likely been a 2017c, entire) that fall under Factors A, specific, dense vegetation structure. significant driver of the species’ C, and E of section 4(a)(1) of the Act are While there is more suitable breeding decreased viability, particularly when habitat loss and degradation due to habitat in Canada than in the United combined with low productivity in incompatible forestry practices (e.g., States, the species is not evenly some years due to nest predation from precommercial thinning), conversion to distributed throughout the habitat. red squirrels (Sciurus vulgaris), which agriculture, atmospheric acid and Based on breeding density information, also contributes to annual variation in nitrogen deposition, recreational and the best available data indicate that the the abundance of the Bicknell’s thrush. wind energy development, and the current Bicknell’s thrush global Activities that contribute to loss of the effects of climate change (Factor A); population is approximately 97,358 to species’ habitat include some forestry predation from red squirrels and 139,477, with approximately 66 percent practices such as precommercial Norway rats (Rattus norvegicus) (Factor of the population breeding in the United thinning and clearcutting in the C); and effects of mercury, effects of acid States and 33 percent breeding in Canadian portion of the species’ range, deposition, collision and disturbance by Canada. which may result in the loss and stationary and moving structures, During migration, the Bicknell’s fragmentation of important breeding disturbance by recreationalists, and thrush appears to be a habitat generalist habitat. However, the regeneration of competition with Swainson’s thrush and can be found in dense woodlots young dense stands of conifers that (Factor E). An examination of existing composed of variable tree species, or follows cutting can provide breeding regulatory mechanisms (Factor D) for along well-vegetated beaches, orchards, habitat for the species for approximately both the Bicknell’s thrush and its and gardens (Wallace 1939, p. 259; 5 to 12 years after clearcutting habitat in general reveals that some Wilson and Watts 1997, pp. 520–521). (International Bicknell’s Thrush mechanisms exist that may provide a Wintering occurs exclusively in the Conservation Group 2010, p. 12; conservation benefit to the species. Greater Antilles, with the majority of McKinnon et al 2014, pp. 264, 268). The Where relevant, the adequacy of those Bicknell’s thrushes on the island of development of ski areas, wind turbines, mechanisms is discussed in context in Hispaniola, in Haiti and the Dominican telecommunication facilities, and their the relevant sections of the Species Republic; however, the species can also associated infrastructure (i.e., roads and Report. be found on the islands of Cuba, transmission lines) has also resulted in We have no information indicating Jamaica, and Puerto Rico (Rimmer et al. the loss and fragmentation of Bicknell’s that habitat degradation due to 2001, pp. 3–4). In Jamaica, the thrush habitat (International Bicknell’s atmospheric acid and nitrogen Bicknell’s thrush is considered Thrush Conservation Group 2010, p. deposition (Factor A), disease (Factor ‘‘extremely rare’’ and observed in old 12), but these activities have affected a C), or the effects of mercury and acid growth forests (Strong in litt. 2016). The relatively small proportion of the deposition (Factor E) are currently species’ information for Puerto Rico is available Bicknell’s thrush breeding affecting the Bicknell’s thrush or its scant (Rivera in litt. 2017), with surveys habitat and associated individuals. habitat. In addition, we concluded that conducted in the winter of 2015 and Looking forward, the best available recreational and wind energy 2016 finding a total of 10 birds (Rimmer information suggests that, as a result of development (Factor A), as well as 2016, entire). In the Dominican climate change, the spruce-fir habitat collision and disturbance by stationary/ Republic, where the majority of that supports breeding Bicknell’s moving structures and disturbance by wintering information about the species thrushes may be substantially reduced, recreationalists (Factor E) may be is derived, the Bicknell’s thrush can be with the potential to be nearly affecting individual Bicknell’s thrush found from sea level to 2,200 m (7,200 eliminated, from the species’ current but were not significant stressors to ft), although most occur in moderately range in the northeastern United States aggregates of individuals or at the wet to wet broadleaf montane forests and may decline in Canada by the end species level. above 1,000 m (3,300 ft) elevation (i.e., of this century, depending on the Our review of the best available cloud forest) (Rimmer et al. 2001, p. 8). amount of greenhouse gases emitted to information indicates that the Bicknell’s The Bicknell’s thrush can also be found the atmosphere, habitat type (i.e., low thrush continues to occupy most of its in dry pine-dominated forests at lower vs. high elevation), and forest harvest historical breeding, migration, and elevations (Rimmer et al. 2001, p. 6). management strategies. The effects of wintering range. Although there are The species prefers wintering in dense climate change may also result in an some stressors that are expected to thicket vegetation (Townsend et al. increase in competition between the result in the loss of suitable breeding 2010, p. 520), similar to the habitat Bicknell’s and Swainson’s thrushes and wintering habitat for the Bicknell’s structure selected during the breeding (Catharus ustulatus), at the expense of thrush, as well as directly affect the season. the Bicknell’s thrush, and an increase in species through reduced reproduction predation from red squirrels. and overwintering mortality, we have Summary of Status Review On the wintering grounds, the no evidence to suggest that the species This information is summarized from consequences of climate change will is currently at risk of extinction; in other the Species Report (Service 2017c, likely include a drying of the Caribbean words, the risk of the Bicknell’s thrush entire); for more detail, please see the region and an associated decline in the significantly declining in the near term report. Due to the lack of specific data wet montane and cloud forest habitats is very low given that it has persisted regarding survival rates by life stage or where most Bicknell’s thrushes are despite historical levels of habitat loss

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and predation throughout its range. Since the analysis of potential effects definition of a threatened species under Furthermore, neither the loss of from climate change was an important the Act. wintering habitat nor predation levels consideration in our status assessment We evaluated the current range of the nor any other stressors, either and the effects of climate change take Bicknell’s thrush to determine if there individually or cumulatively, are likely place over a period of time, we sought are any apparent geographic to cause species-level effects such that to consider a timeframe that was long concentrations of potential threats to the the species is currently at risk of enough to evaluate those potential species. The risk factors that occur extinction; thus the Bicknell’s thrush effects adequately. However, in throughout the Bicknell’s thrush’s range does not meet the definition of an evaluating the status of the species, we include the loss of habitat due to the endangered species. did not extend our forecast out as far as effects of climate change. The loss of The stressors likely to have the all existing climate change models habitat due to illegal logging, conversion greatest influence on the Bicknell’s discussed in the Bicknell’s Thrush to subsistence farming, and slash and thrush’s viability over time include: (1) Report. Those models extend to burn agriculture, however, is occurring For the breeding range, changes in approximately 100 years, and we both currently and in the foreseeable habitat suitability (e.g., changes in tree concluded that such an extended future, at a rate of approximately 5 species composition, forest pests, and forecast was not sufficiently reliable for percent reduction in tree cover over 15 fire regime), increased red squirrel the listing determination due to the: (1) years (based on Hansen et al.’s (2017, predation, and increased interspecific Increased uncertainty in the model entire) analysis), solely in the competition due to the effects of climate results (i.e., the confidence intervals Dominican Republic and Haiti. Thus, change; and (2) for the wintering range, associated with temperature and this one area of the species’ wintering range is subject to a type of habitat loss direct habitat loss due to agriculture precipitation projections); (2) increasing that is not affecting the species conversion and the effects of climate uncertainty in the magnitude and uniformly throughout its range. While change. We considered whether we imminence of the predicted changes; (3) the human-mediated loss of suitable could reliably predict the extent to higher level of uncertainty of how the habitat in the wintering grounds appears which these stressors might affect the species may respond to any potential to be concentrated in areas within the status of the species in the future. Our changes in its habitat that may result Dominican Republic and Haiti, the risk ability to make reliable predictions into from changes in temperature and is low that the current rate of loss that the future for the Bicknell’s thrush is precipitation patterns; and (4) limited by the variability in not only the we project to continue, is sufficient to uncertainty associated with how society cause the Bicknell’s thrush to be in quantity and quality of available data will respond to the predicted change in across the species’ range regarding the danger of extinction (i.e., be an climate (e.g., take actions that will endangered species) or likely to cause species’ occurrence and the potential mediate or accelerate global emissions) impacts to the species from ongoing and the species to become endangered that far into the future. As an example within the foreseeable future period of predicted stressors, but also by the high of biological uncertainty, there are amount of uncertainty in how the approximately 30 years (i.e., be a significant questions regarding the point Bicknell’s thrush may respond to those threatened species) in a portion of its at which the predicted shifts (i.e., tree effects. range. species composition, interspecific The future timeframe for this analysis competition with Swainson’s thrush) Finding is approximately 30 years, which is a make the habitat unsuitable for the Based on our review of the best reasonably long time to consider as the Bicknell’s thrush, as well as the extent foreseeable future given the Bicknell’s available scientific and commercial to which the Bicknell’s thrush has the information pertaining to the five thrush’s life history and the temporal adaptive capacity to use any changes in scale associated with the patterns of the factors, we find that the stressors acting what we now understand to be suitable on the species and its habitat, either past and current stressors outlined in habitat or to find other habitat to be the best available information. For singly or in combination, are not of suitable. These uncertainties are example, the foreseeable future is twice sufficient imminence, intensity, or additive and undermine the Service’s as long as the 15-year data set (from magnitude to indicate that the Bicknell’s confidence in making a risk assessment 2001 to 2014) showing the extent of thrush is in danger of extinction (an projection beyond 30 years into the decline in tree cover on four Caribbean endangered species), or likely to become future. Therefore, the Service concluded islands occupied by wintering endangered within the foreseeable that an approximate 30-year projection Bicknell’s thrushes (Hansen et al. 2017, future (a threatened species), throughout of threats and effects to the species entire). This timeframe also captures the all of its range. We request that you represents the timeframe in which a range of time periods for continued submit any new information concerning reliable prediction is possible. habitat loss in the wintering range as a the status of, or threats to, the Bicknell’s result of incompatible forestry practices Based on the species’ abundance and thrush to our New England Fish and and conversion to agricultural lands distribution in its breeding and Wildlife Office (see ADDRESSES) (i.e., using the previous 15 years of data wintering locations, the continued whenever it becomes available. to project the same rate of the decline presence of adequate habitat quality and Big Blue Springs Cave Crayfish over the next 15 to 30 years), climate quantity to meet the species’ breeding (Procambarus horsti) models, as well as our best professional and overwintering needs, and our judgment of the reliability of data on, consideration of the species’ future Previous Federal Actions and the projected range of future distribution, abundance, and diversity, On April 20, 2010, we received a conditions related to the effects, we conclude that the Bicknell’s thrush petition from the Center to list 404 including cumulative effects, of climate is likely to remain at a sufficiently low aquatic, riparian, and wetland species change (i.e., the period in which there risk of extinction that it will not become from the southeastern United States as is reliable data upon which to base a in danger of extinction in the threatened or endangered species under prediction of the species’ response to foreseeable future (i.e., approximately the Act, including the Big Blue Springs the potential effects of climate change). 30 years) and thus does not meet the cave crayfish. The 90-day finding was

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published on September 27, 2011; it Act’s five threat factors. As explained conditions, and disturbance dynamics determined that the petition contained further below, we also used a time (Terando et al. 2014, p. 1). substantial information indicating the period of 35–50 years for the foreseeable Population projections for Leon species may warrant listing, and future. This evaluation included County, Florida, are expected to initiated a status review (76 FR 59836). information from all sources, including increase, leading to potential ground As a result of the Service’s 2012, Federal, State, tribal, academic, and water impacts associated with greater settlement agreement with the Center, private entities and the public. water demands for the city of the Service is required to submit a 12- The Big Blue Springs cave crayfish Tallahassee. However, the Northwest month finding to the Federal Register were recently (March 2017) observed in Florida Water Management District by September 30, 2017. This notice two of three historical locations. No indicated that ground water pumping satisfies the requirements of that population estimates exist for the was not an issue in the watershed; more settlement agreement for the Big Blue species; however, at least 90 individuals freshwater is staying in the system due Springs cave crayfish, and constitutes were observed across three locations to improvements in storm water and the Service’s 12-month finding on the during the 2017 surveys. The primary stream flow management. This is based April 20, 2010, petition to list the Big stressors to the Big Blue Springs cave on observed increases in discharge that Blue Springs cave crayfish as an crayfish currently and into the future could be related to the release of water endangered or threatened species. are loss of freshwater within the karst from underground stream openings and sinks connected to the regional karst Background system and saltwater intrusion. The petition stated that the species is system (Coates 2017, pers. comm.). With The Big Blue Springs cave crayfish is at risk from present or future more freshwater staying in the system a subterranean species of crayfish destruction, modification, or due to improvements in storm water endemic to several freshwater springs curtailment of its range by extensive and stream flow management, we and sink caves within the panhandle of degradation of aquatic and riparian concluded that the best available Florida. It has been collected from habitats due to land-use activities and scientific and commercial information aquatic caves and limestone springs the direct alterations of waterways. In does not indicate that ground water associated with the Woodville Karst addition, populations are prone to changes are having a negative impact on Plain near and south of a potential pollution and detrital change, the species at a population level. geomorphological feature of karst Overutilization: The petition also and there is concern that the aquifer limestone known as the Cody Scarp, discussed the potential threat of system may be receiving pollutants from paralleling riverine karst areas of the overutilization of crayfish from the Tallahassee area. We also evaluated Wakulla, St. Marks, and Wacissa Rivers collection for bait or food; however, the in Jefferson, Leon, and Wakulla the extent to which overutilization and freshwater cave habitat for this species Counties, Florida. It has been found in climate change (including saltwater is difficult to access, which offers the the boil area of springs, depths of 21– intrusion resulting from sea-level rise) crayfish some protection from 26 m (70–80 ft), and a sinkhole near the may be affecting the species negatively. collection. This threat is not causing surface. The principal habitat feature Land Use Activities and Direct population- or species-level impacts; supporting this species appears to be a Alteration of Waterways: In general, therefore, the best available information flowing, freshwater, subterranean crayfish species experience degradation does not indicate overutilization is an environment; however, specific water- of aquatic and riparian habitats in the operative threat to this species. quality requirements for the species are Southeast due to land-use activities— Climate Change: Our analyses under currently unknown. such as development, agriculture, the Act include consideration of The Big Blue Springs cave crayfish logging, and mining—and direct ongoing and projected changes in was historically found in three alterations of waterways—such as climate. Various types of changes in locations: A well in Leon County, Big impoundment, diversion, dredging and climate can have direct or indirect Blue Spring in Jefferson County, and channelization, and draining of effects on the species. These effects may Shepherd Spring on St. Marks National wetlands (Benz and Collins 1997, p. be positive, neutral, or negative and Wildlife Refuge in Wakulla County, 273; Shute et al. 1997, pp. 445–446). they may change over time. In our Florida. In 2017, the species was found However, information on whether these analyses, we use the best available in three aquatic cave sites within 12 mi activities represent actual or active scientific and commercial data and (19 km) of each other—Big Blue Spring threats to the Big Blue Springs cave modeling available and our expert and nearby Garner Spring on the east crayfish is inconclusive. judgment to weigh relevant information, side of the Wacissa River (Jefferson Population Increases and Water including uncertainty, in our County) and Horsehead Spring on the Pollution: According to the U.S. Census consideration of various aspects of west side of the Wacissa River (Jefferson Bureau, the human population in the climate change. County)—which included locations southeastern United States has grown at One impact from climate change that where the species had not previously an average annual rate of 37.9 percent may be a factor for the Big Blue Springs been found. since 2000 (U.S. Census Bureau 2017, cave crayfish is sea-level rise due to its pp. 1–4), by far the most rapidly proximity to the Gulf coast of Florida. Summary of Status Review growing region in the country. This Annual rates of sea-level rise at In completing our status review for rapid growth has resulted in expanding Apalachicola, Florida (southwest of the Big Blue Springs cave crayfish, we urbanization, sometimes referred to as areas inhabited by Big Blue Springs cave reviewed the best available scientific ‘‘urban sprawl.’’ Urban sprawl increases crayfish) have averaged approximately and commercial information and the connectivity of urban habitats while 1.96 mm (0.08 in) since the 1970s compiled the information in the Species simultaneously fragmenting non-urban (National Oceanic and Atmospheric Status Assessment Report (Service habitats such as forests and grasslands Administration 2017). The projected 2017d, entire) for the Big Blue Springs (Terando et al. 2014, p. 1). In turn, sea-level rise for coastal Wakulla County cave crayfish. We evaluated all known species and ecosystems are negatively in 2080 is 0.32 m (1.05 ft) (Harrington potential impacts to the Big Blue affected by the increased sprawl because and Walton 2008, p. 12). Sea-level rise Springs cave crayfish, including the of water pollution, local climate may result in an increase in saltwater

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intrusion into the karst freshwater absolute sense. An increase in uncertainty in evaluating the response aquifer system as a result of associated conductivity is indicative of saltwater of the species to habitat changes or the increases in hydraulic pressure on the intrusion inland (Xu et al. 2016, p. 9). impacts from sea-level rise, drought, or aquifer; however, the mechanics of the Conductivity would likely be similar or overall water availability. coastal aquifer system are complex and less at the two furthest sites occupied by We evaluated the current range of the dynamic. Generally, seawater is kept out Big Blue Springs cave crayfish (Big Blue Big Blue Springs cave crayfish to of the conduit system by freshwater Spring and Garner Spring). Seawater hydraulic pressure resisting against intrusion could be a more important determine if there are any apparent seawater intrusion (Werner and issue at Shepherd Spring, which is geographic concentrations of potential Simmons 2009, pp. 197–198). However, located within 3 km (2 mi) of the Gulf threats to the species. There was no Xu et al. (2016, p. 2) documented of Mexico. concentration of threats identified seawater intrusion into the Woodville Overall, based on historical data along across its range. Therefore, we find there Karst Plain conduit network during with current and future conditions of could be no significant portion of the periods of low precipitation. Their the species and habitat, we anticipate species’ range where the species is in analysis of precipitation and electrical that Big Blue Springs cave crayfish danger of extinction or likely to become conductivity data indicates that populations will remain resilient. The so in the foreseeable future. Therefore, seawater intrusion into the karst system locations where the crayfish have been we find that the Big Blue Springs cave does occur, traveling 11 mi (18 km) observed at the surface can be thought crayfish is not endangered or threatened against the prevailing regional hydraulic of as ‘‘windows’’ into the karst system. throughout a significant portion of its gradient to Wakulla Spring (Xu et al. The species has the ability to move range. 2016, p. 2). throughout the system in response to This increase in seawater intrusion environmental conditions in order to Finding into the karst conduit system may be relocate to suitable habitat or areas of contributing to the increased freshwater refugia. The species is expected to Based on our review of the best discharge rates periodically observed in continue to be resilient in response to available scientific and commercial some springs (e.g., Wakulla Springs) in stochastic events. A survey from March information pertaining to the five recent years. Sea-level rise would result 2017 detected the species in areas where factors, we evaluated relevant stressors, in increased hydraulic pressure and, they hadn’t previously been detected, including land-use activities and direct therefore, the potential for increased and many individuals were found in alterations of waterways (Factor A), saltwater intrusion into the conduit Garner Springs, indicating that the water withdrawal (Factor A), sea-level system. However, we are unable to species is persisting there. Management rise (Factor A), and overutilization conclude that the current predicted actions on public lands can provide (Factor B), and concluded that the rates of sea-level rise will significantly protection and improvement for springs. stressors acting on the species and its affect the cave crayfish’s habitat within Portions of the Aucilla Wildlife habitat, either singly or in combination, the foreseeable future. First, the species Management Area are designated as are not of sufficient imminence, is able to move vertically within spring Outstanding Florida Waters by the intensity, or magnitude to indicate that systems and can quickly adapt to Florida Department of Environmental the Big Blue Springs cave crayfish is in changes in the availability of freshwater Protection; such a designation restricts danger of extinction (an endangered within the conduit system (Moler 2016, degradation of water quality and water species), or likely to become endangered pers. comm.). Saltwater is also denser withdrawal (Florida Fish and Wildlife within the foreseeable future (a than freshwater and, therefore, descends Conservation Commission 2016, p. 57). threatened species), throughout all or a as it intrudes inland through the aquifer, As explained further in the Species significant portion of its range. reducing the likelihood that it will affect Assessment Form, we evaluated ongoing the availability of freshwater in the management of the springs within the The most important factor that may conduit system as distance from the range of the Big Blue Springs cave affect Big Blue Springs cave crayfish ocean increases. The flow of seawater crayfish will reduce impacts to the resiliency is ground water decline. We from the Gulf of Mexico interacts with species by maintaining water flow to the expect that ground water levels may the force of a seaward hydraulic springs thus allowing the persistence of decline over time, but there is pressure of freshwater creating a suitable habitat. significant uncertainty over how that diffusion zone at the freshwater– Foreseeable future for this species was will affect freshwater availability. If saltwater interface (Zhang et al. 2002, p. determined to be a 35–50-year freshwater availability is reduced due to 233). This interface is a dynamic zone timeframe based on the biology of the lower aquifer levels caused by ground that is dictated by the flow of the water species, the threats identified, and water pumping or prolonged drought, in each direction; further inland, there ongoing water management practices we expect populations would likely be that include actions that are beneficial is less pressure from the introduced minimally affected, since the species to the species, with the 50-year outer seawater and more pressure from the has been found at significant spring and freshwater system flowing into the limit as the conservative amount of time sink depths and can move as ground ocean. to apply when evaluating its status as Finally, habitats occupied by the Big threatened. The lifespan of cave crayfish water levels decrease (Moler 2016, pers. Blue Springs cave crayfish are located 3 is typically around 20 years, so the comm.). to 43 km (2 to 27 mi) from the coast, at range of 35–50 years encompasses 2–3 A detailed discussion of the basis for elevations of 1.5 to 15 m (5 to 50 ft) generations, allowing sufficient time for this finding can be found in the Big Blue above sea level, though occupied population response to stressors to be Springs cave crayfish species-specific habitats within the conduit system are detected, with the major stressor to the assessment form and other supporting below sea level. Although seawater species being a decline or loss of documents available on the Internet at intrusion and transport in karst aquifers freshwater availability. The climate http://www.regulations.gov under can occur over extremely long distances, model used included projections Docket No. FWS–R4–ES–2017–0066. increases in conductivity noted at the beyond 50 years; however, a longer vent of Wakulla Spring are small in an timeframe would lead to too much

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Black-Backed Woodpecker (Picoides Tremblay et al. 2016, p. 1). The black- infestations have resulted in high tree arcticus) backed woodpecker has only three toes mortality (Bonnot et al. 2009, p. 220). on each foot instead of the usual four. The black-backed woodpecker was Previous Federal Actions Black-backed woodpeckers have a first described in 1831 (Swainson and On May 8, 2012, we received a narrow diet, consisting mainly of larvae Richardson 1831, p. 313; American petition dated May 2, 2012, from the of wood-boring beetles and bark beetles Ornithologists’ Union (AOU) 1983, p. John Muir Project of the Earth Island (Cerambycidae, Buprestidae, 392). The scientific community Institute, the Center for Biological Tenebrionidae, and Scolytidae) recognizes the black-backed Diversity, the Blue Mountains (Goggans et al. 1989, pp. 20, 34; Villard woodpecker as a valid species (AOU Biodiversity Project, and the and Beninger 1993, p. 73; Murphy and 1983, pp. 392–393), and no subspecies Biodiversity Conservation Alliance Lehnhausen 1998, pp. 1366–1367; of the black-backed woodpecker were (Earth Island Institute et al. 2012, pp. 1– Powell 2000, p. 31; Dudley and Saab included at the time that AOU, the 16) (petitioners), requesting that the 2007, p. 593), which are available scientific authority responsible for bird Oregon-Cascades/California population following large-scale disturbances, classification, last published subspecies and the Black Hills population of the especially high-severity fire (Nappi and classifications in 1957 (AOU 1957, p. black-backed woodpecker each be listed Drapeau 2009, p. 1382). The black- 330). In addition, no other taxonomic as an endangered or threatened backed woodpecker is a cavity-nesting authority has recognized any subspecies subspecies, and that critical habitat be bird. It nests in late spring, with nest for the black-backed woodpecker designated concurrent with listing excavation generally occurring from (Tremblay et al. 2016, p. 9). under the Act. The petition also April to June, depending on location Summary of Status Review requested that, should we not recognize and year. either population as a subspecies, we The black-backed woodpecker occurs A recent genetic study identified consider listing each population as an across dense, closed-canopy boreal and some genetic differences between endangered or threatened distinct montane coniferous forests of North individuals found in three areas within population segment (DPS) under our America from Alaska, Canada, the black-backed woodpecker’s range. policy published in the Federal Register Washington, Oregon, California, The three areas include: (1) The boreal for determining distinct vertebrate Northern Rockies, South Dakota, forest of Canada, Washington, Northern population segments under the Act (61 Minnesota and east to New England Rockies, and northeastern United States, FR 4721; February 7, 1996). Included in (Winkler et al. 1995, p. 296; Tremblay (2) the Oregon-Cascades/California the petition was information regarding et al. 2016, pp. 10–11). This includes (Sierra Nevada Mountains), and (3) the the species’ ecology, genetic sampling the Black Hills of western South Dakota area around the Black Hills information, distribution, present status, (Drilling et al. 2016, pp. 251–252) and (southwestern South Dakota and and suggested actual and potential adjacent counties of northeastern northeastern Wyoming) (Pierson et al. causes of decline. Our positive 90-day Wyoming (Orabona et al. 2012, p. 76). 2010, entire; Pierson et al. 2013, entire). finding for the petition was published in It also includes the area of eastern The petitioners have relied on the the Federal Register on April 9, 2013 Washington and Oregon where the Pierson et al. (2010) study results to (78 FR 21086). species is found in the Cascade Range, propose that this new genetic On September 24, 2014, the United south through throughout the Blue information may warrant a revised States District Court for the District of Mountains and Wallowa Mountains and interpretation of the taxonomic Columbia issued a court order for a into the Siskiyou Mountains in description of the species into three stipulated settlement agreement in the southwestern Oregon. From Oregon, the subspecies (EII et al. 2012, pp. 13–16). case of Center for Biological Diversity v. range continues south into California However, based on our review of the S.M.R. Jewell, No.1: 14–cv–0 1021–EGS. along the higher elevation slopes of the best available scientific and commercial The order and stipulated settlement Siskiyou, Cascades, Klamath, and Sierra information, as well as the expert agreement required the Service to Nevada Mountains to eastern Tulare opinion of the scientific community, we complete a 12-month finding for the County, California (Dawson 1923, p. find that the Oregon-Cascades/ ‘‘California-Oregon and South Dakota 1007; Grinnell and Miller 1944, p. 248; California and Black Hills populations populations’’ of the black-backed Tremblay et al. 2016, pp. 10–11). The are not subspecies. Also in our analysis, woodpecker by September 30, 2017. black-backed woodpecker’s breeding we could not find significant differences This notice constitutes the 12-month range generally corresponds with the in behavior, morphology, or habitat use finding on the May 2, 2012, petition to location of boreal and montane for the species across its range, or that list the Oregon-Cascades/California coniferous forests throughout its range. any genetic differences have yet population and Black Hills population At the landscape scale, while not tied manifested themselves into differences as endangered or threatened species to any particular tree species, the black- that can be pointed at that would under the Act. backed woodpecker generally is found support separation of the populations in older conifer forests that comprise into subspecies. Background high densities of larger snags (Bock and We also reviewed whether the Black The black-backed woodpecker is Bock 1973, p. 400; Russell et al. 2007, Hills population or the Oregon- similar in size to the more-common p. 2604; Nappi and Drapeau 2009, p. Cascades/California population were American robin (Turdus migratorius) 1388; Siegel et al. 2012, pp. 34–42). The distinct vertebrate population segments and is heavily barred with black and species is closely associated with (DPSs) under our 1996 DPS policy (61 white sides (Dawson 1923, pp. 1007– standing dead timber that contains an FR 4721, February 7, 1996). Based on a 1008). Males and young have a yellow abundance of snags (Tremblay et al. review of the best available information, crown patch, while the female crown is 2016, pp. 13–16). Black-backed we have determined that the Black Hills entirely black. Its sooty-black dorsal woodpeckers appear to be most population and the Oregon-Cascades/ plumage camouflages it against the abundant in stands of trees recently California population are not significant black, charred bark of the burned trees killed by fire (Hutto 1995, pp. 1047, in relation to the remainder of the taxon upon which it preferentially forages 1050; Smucker et al. 2005, pp. 1540– because they do not exist in an (Murphy and Lehnhausen 1998, p. 1366; 1543) and in areas where beetle ecological setting unique or unusual to

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the taxon; the loss of the populations substantial information indicating that announced that we were initiating a would not result in a significant gap in the petitioned action may be warranted. review of the status of the Eastern the range of the taxon; they are not the On March 23, 1995, the Service Population to determine if listing it as only surviving natural occurrences of announced a 12-month finding that a DPS is warranted. The 90-day finding the taxon; and the genetic makeup of listing the Southern Rocky Mountains further announced that we did not find neither population contains unique population of the boreal toad as an substantial information that listing the genetic characteristics not found endangered DPS was warranted but Southern Rocky Mountains population elsewhere in the larger boreal precluded by other higher priority of the boreal toad as a DPS may be population. Therefore, we have actions (60 FR 15281). At that time, a warranted. Although the Southern determined that neither the Black Hills listing priority number of 3 was Rocky Mountains population appears population nor the Oregon-Cascades/ assigned. When we find that listing a geographically discrete, we did not find California population qualifies as a DPS species is warranted but precluded, we substantial information to suggest that it under our 1996 DPS policy, and neither refer to it as a candidate species. Section may be significant according to the is a listable entity under the Act. 4(b)(3)(B) of the Act directs that, when criteria in our DPS Policy. We Because the Black Hills and Oregon- we make a ‘‘warranted but precluded’’ concluded that there is not substantial Cascades/California populations of the finding on a petition, we are to treat the information in the petition and in our black-backed woodpecker are not petition as being one that is resubmitted files to suggest that the Southern Rocky listable entities, we did not perform a annually on the date of the finding; Mountains population of boreal toads status assessment under the five factors thus, the Act requires us to reassess the may be a valid listable entity (i.e., a found in section 4(a) of the Act. petitioned actions and to publish a DPS) (77 FR 21920, April 12, 2012). finding on the resubmitted petition on On June 27, 2013, the Center filed a Finding an annual basis. Several resubmitted complaint (1:13–cv–00975–EGS) to Based on our thorough review of the candidate assessments for the boreal compel the Service to issue 12-month best available scientific and commercial toad were completed. The most recent findings as to whether listing under the information as summarized in our of these was published in the Federal Act was warranted for nine species, Species Assessment (Service 2017f, Register on May 11, 2005 (70 FR 24870). including the Eastern Population of the entire), we find that the petitioned On September 29, 2005, we boreal toad. On September 23, 2013, the entities identified as the Oregon- determined that the Southern Rocky Service and the Center filed a stipulated Cascades/California population and the Mountains population of the boreal toad settlement agreement, agreeing that the Black Hills population of the black- did not warrant listing because it was Service would submit to the Federal backed woodpecker are not subspecies not a listable entity according to the Register a 12-month finding for the and neither meets our criteria for being DPS criteria and, therefore, should be Eastern DPS of the boreal toad by a DPS under our February 7, 1996, DPS withdrawn from the candidate list (70 September 30, 2017 (Center for policy (61 FR 4722). Therefore the FR 56880). When the boreal toad was Biological Diversity v. Jewell 2013, case Oregon-Cascades/California and Black put on the candidate list in 1995, the 1:13–cv–00975–EGS). This notice Hills populations of the black-backed DPS Policy did not yet exist, so the constitutes the Service’s 12-month woodpecker do not meet the definition determination that the toad was a finding on the 2011 petition to list the of listable entities under the Act and, as listable entity was not based on the Eastern DPS of boreal toad as an a result, cannot warrant listing under current criteria. The combination of endangered or threatened species. using the DPS criteria developed in the Act. Our complete rationale and Background supporting information for our 1996 and incorporating genetic and The boreal toad is a subspecies of the subspecies and DPS determinations are other information available during Western toad (Anaxyrus boreas, outlined in our Species Assessment development of the 2005 finding led to formerly Bufo boreas), which occurs document (Service 2017f, entire; determinations that the Southern Rocky throughout much of the western United available on the Internet at http:// Mountains population of the boreal toad States. Current and ongoing genetic www.regulations.gov under Docket No. was discrete, but not significant. Therefore, we determined in the 2005 analyses suggest the occurrence of an FWS–R8–ES–2013–0034). finding that it was not a listable entity. eastern group of boreal toads that are Boreal Toad (Anaxyrus boreas On May 25, 2011, we received a distinct from the rest of the subspecies. boreas) petition from the Center, the Center for Genetic studies have helped clarify the Native Ecosystems, and the Biodiversity boundaries of this group, which we now Previous Federal Actions Conservation Alliance, requesting that understand to include boreal toads in On September 30, 1993, the Service either the Eastern or Southern Rocky southeastern Idaho, western and south- received a petition from the Biodiversity Mountains population of the boreal toad central Wyoming, most of Utah (except Legal Foundation and Dr. Peter be listed as an endangered or threatened western Box Elder County), Colorado, Hovingh. The petitioners requested that DPS, and that critical habitat be and north-central New Mexico. This the Service list the Southern Rocky designated under the Act. Please note group, which we refer to as the ‘‘Eastern Mountains population of the ‘‘western that the Southern Rocky Mountains Population,’’ is the focus of this finding. boreal toad’’ (an alternate common population is a subset of what we now The boreal toad occurs between 2,000 name sometimes used in the past for call the Eastern Population of the boreal m (6,550 ft) and 3,670 m (12,232 ft) in Anaxyrus boreas boreas) as endangered. toad. We published a notice of a 90-day areas with suitable breeding habitat The petitioners also requested that the finding for the petition in the Federal within a landscape containing a variety Service designate critical habitat. On Register on April 12, 2012 (77 FR of vegetation types, including pinon- July 22, 1994, we published a notice of 21920). In that finding we concluded juniper, lodgepole pine, spruce-fir a 90-day finding on the petition in the that the petition presented substantial forests, mountain shrubs, and alpine Federal Register (59 FR 37439), scientific or commercial information meadows (Service 2017f, p. 13). indicating that the petition and other indicating that listing the Eastern Breeding takes place in shallow, quiet readily available scientific and Population of the boreal toad as a DPS water in lakes, marshes, bogs, ponds, commercial information presented may be warranted. The finding and wet meadows (Service 2017f, p. 13).

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We are not aware of any total characteristics relative to the rest of the occupied sites where Bd infection is population size estimates for the Eastern taxon. Therefore, we consider the absent to be the most resilient; some Population of the boreal toad. We lack Eastern Population of the boreal toad populations exist where Bd is present information to define or precisely map significant to the taxon to which it and are highly resistant to Bd infection, all individual breeding populations of belongs under the DPS policy. Because and we also consider these populations boreal toads, because some recent the Eastern Population of the boreal highly resilient (Service 2017f, p. 29). location data are limited to incidental toad is both discrete and significant, it Other areas display moderate resistance sightings of individual toads. Therefore, qualifies as a DPS under the Act. From to Bd and are, therefore, moderately for the purposes of our analysis, the here on in this document, we refer to resilient; low-resiliency populations are range of the species was depicted by this entity as the Eastern DPS of the those that have little or no resistance to watershed, at the 12-digit hydrologic boreal toad. Bd and suffer severe population declines or extirpation (Service 2017f, p. unit code (HUC–12) level, where a Summary of Status Review HUC–12 may include one or more 33). current or historical breeding sites We completed a Species Status The historical range of the Eastern (Service 2017f, pp. 11–13). We Assessment (SSA) Report for the Eastern DPS of boreal toad includes 439 known considered these HUC–12s to be proxies DPS of the boreal toad (Service 2017f, HUC–12s across the range of this for ‘‘populations’’ within the larger entire), which reports the results of the subspecies. Currently, approximately Eastern Population, because the 12-digit comprehensive biological status review 194 HUC–12s are considered occupied. HUC is the finest grained sub-watershed by the Service for the Eastern DPS of the Of these, approximately 83 HUC–12s are delineated in the National Watershed boreal toad, and provides a thorough positive for Bd infection (Service 2017f, Boundary Dataset, representing areas of account of the species’ overall viability pp. 31–32). Occupancy within the 10,000–40,000 ac (4,000–16,000 ha) and, therefore, extinction risk. To remaining approximately 245 HUC–12s (USGS 2009). This approach allowed us evaluate the biological status of the is currently unknown due primarily to to rely upon consistent units for boreal toad both currently and into the the lack of recent survey effort. analysis across the range of the boreal future, we assessed a range of However, this number includes toad. We do not believe that the current conditions to allow us to consider the approximately 62 HUC–12s within the range has changed substantially from population’s resiliency, redundancy, Southern Rocky Mountains the historical range, although some and representation as proxies for subpopulation area that are considered evaluating overall viability. The boreal HUC–12s with documented presence of unoccupied and may have been toad needs multiple resilient toads are now considered extirpated extirpated by Bd (Service 2017f, pp. 31– populations (redundancy) widely (Service 2017f, pp. 11–13). 32). We recognize that the 439 known distributed (representation) across its HUC–12s within the range of the species We evaluated the Eastern Population range to maintain its persistence into likely represents a minimum number of of boreal toads under the Service’s the future and to avoid extinction. A possible breeding sites, since surveys Policy Regarding the Recognition of number of factors may increase a boreal done to date have not included every Distinct Vertebrate Population Segments toad population’s resilience to area that could possibly support boreal Under the Endangered Species Act (61 stochastic events. These factors include toads (Service 2017f, p. 11). FR 4722; February 7, 1996). Our (1) sufficient population size The variability in the toads’ response complete DPS evaluation can be found (abundance), (2) recruitment of toads to Bd infection informs our in the Species Assessment and Listing into the population, as evidenced by the understanding of the future of the boreal Priority Assignment Form for the boreal presence of all life stages at some point toad. As part of the Southern Rocky toad (available on the Internet at http:// during the year, and (3) connectivity Mountains Recovery Team’s update of www.regulations.gov under Docket No. between breeding populations. As its conservation plan, Converse et al. FWS–R6–ES–2012–0003) and is explained further in the SSA Report (2016, entire) and Gerber et al. (in summarized here. The Eastern (Service 2017f), we used a time period review) as cited in Crockett (2017a, p. 2) Population of the boreal toad is of up to 50 years for the foreseeable developed a population persistence markedly separated from the rest of the future. model, which provides a statistically boreal toad subspecies, based on the We evaluated a number of potential rigorous assessment of viability of collective results of genetic studies that stressors that could influence the health boreal toads in the Southern Rocky provide evidence of this discontinuity, and resilience of boreal toad Mountains (Crockett 2017a, p. 2). The and in particular the nuclear DNA populations (Service 2017f, p. 22), model, based on data on the occupancy evidence clarifying the boundaries of corresponding to the five factors under of sites by toads and the presence of Bd, the Eastern Population. As a result, the section 4(a)(1) of the Act. We found that is described in greater detail in our SSA Eastern Population of the boreal toad is the main factor influencing the status of Report (Service 2017f, pp. 24, 34–35). considered a discrete population populations is the presence of chytrid This model predicts a greater-than-95 according to the DPS policy. In fungus, Batrachochytrium dendrobatidis percent probability of persistence of addition, the extirpation of this group (Bd); however, the response of boreal toads within the Southern Rocky would mean the loss of the genetic toads to Bd varies across the species’ Mountains over the next 50 years, but variation in this distinct group, and the range (Service 2017f, p. 24). Toads in with lower population levels, fewer loss of the future evolutionary potential the Southern Rocky Mountains breeding sites, and reduced geographic (i.e., representation) that goes with it. subpopulation area appear to respond distribution. Given that boreal toads in Thus, the genetic data support the most negatively when exposed to Bd, other geographic areas display higher conclusion that the Eastern Population resulting in drastic declines in toad levels of resistance to Bd infection (and of the boreal toad represents a unique numbers at breeding sites, or the there is no information to suggest that and irreplaceable biological resource of extirpation of toads at some sites. Toads situation will change), we believe this the type the Act was intended to in Utah do not appear to be significantly model represents a worst-case scenario preserve. Thus, we conclude that the affected by Bd, and toads in western when considering the future condition Eastern Population of the boreal toad Wyoming display slow population of the Eastern DPS as a whole (Service differs markedly in its genetic declines through time. We consider 2017f, pp. 35–36). If we anticipate that

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this high level of persistence will occur 2017f, p. 35). Despite the possible danger of extinction or likely to become within an area most susceptible to Bd reductions in breeding sites and so in the foreseeable future. infection (with possible reductions in occupied mountain ranges in the We have carefully assessed the best resilience, representation, or foreseeable future, the current and scientific and commercial information redundancy), toads in other population projected future conditions indicate a available regarding the past, present, areas are likely to fare even better, low risk of extinction for boreal toads in and future threats to the Eastern DPS of maintaining robust breeding the Southern Rocky Mountains. the boreal toad. Because the species is populations into the future, although Therefore, Eastern boreal toads are not neither in danger of extinction now nor there is uncertainty regarding how in danger of extinction or likely to likely to become so in the foreseeable climate change may factor into the become so in the foreseeable future in future throughout all or any significant future condition of the Eastern DPS the Southern Rocky Mountains portion portion of its range, the species does not (Service 2017f, p. 36). of its range. meet the definition of an endangered In summary, boreal toad populations species or threatened species. Therefore, are currently experiencing variability in Finding we find that listing the Eastern DPS of their response to Bd infection, which we We reviewed the best available boreal toad as an endangered or consider to be the primary stressor on scientific and commercial information threatened species under the Act is not boreal toad population resilience. The pertaining to the Eastern DPS of the warranted at this time. This document most-susceptible population to Bd boreal toad, corresponding to the Act’s constitutes the Service’s 12-month infection experiences high population five threat factors. Because boreal toads finding on the 2011 petition to list the losses and localized extirpations, but in the Eastern DPS are distributed across Eastern DPS of boreal toad as an some breeding sites continue to persist the majority of their historical range, endangered or threatened species. A despite significant population declines. with a large percentage of populations detailed discussion of the basis for this Some populations within the range in a moderate or high resiliency finding can be found in the Eastern DPS show little or no evidence of impacts category in the face of Bd, which is the of boreal toad’s species-specific Species caused by Bd infection and remain primary stressor influencing the species Assessment and Listing Priority robust despite the presence of Bd. Other (Service 2017f, pp. 11–12, 33–34), we Assignment Form, SSA Report, and areas show some population decline, find that the species retains adaptive other supporting documents (available but at much lower severity than capacity and has a very low risk of on the Internet at http:// observed in the Southern Rocky extirpation due to stochastic or www.regulations.gov under Docket No. Mountains. This analysis is described in catastrophic events that could plausibly FWS–R6–ES–2012–0003). greater detail in our SSA Report (Service occur in the future. Therefore, we Fisher (Pekania pennanti) 2017f, entire). Therefore, we have conclude that the current risk of concluded that the Eastern DPS of extinction is low, such that the Eastern Previous Federal Actions boreal toad is not in danger of extinction DPS of boreal toads is not in danger of On December 29, 1994, we received a because it will likely continue to extinction throughout all of its range. maintain self-sustaining populations petition dated December 22, 1994, from In addition, because we project a high distributed across its range over the next the Biodiversity Legal Foundation probability of persistence in the face of 50 years. requesting that two fisher populations Having determined that the Eastern Bd across the majority of the range of in the western United States, including DPS of boreal toad is not currently in the Eastern DPS in 50 years, even under the States of Washington, Oregon, danger of extinction or likely to become a worst-case scenario (Service 2017f, pp. California, Idaho, Montana, and so in the foreseeable future throughout 35–36), we find that the species has a Wyoming, be listed as threatened under all of its range, we next considered low future risk of extirpation due to the Act. Based on our review, we found whether there are any significant plausible stochastic or catastrophic that the petition did not present portions of the range where the species events in the foreseeable future and that, substantial information indicating that is in danger of extinction or is likely to due to the high probability of listing the two western United States become endangered in the foreseeable persistence and the low risk of fisher populations as DPSs was future. Given the apparent greater extirpation, the species is expected to warranted (61 FR 8016; March 1, 1996). vulnerability to Bd of boreal toads in the retain most of its adaptive capacity. On March 6, 2009, we received a Southern Rocky Mountains (Service Therefore, we conclude that the risk of petition dated February 24, 2009, from 2017f, p. 24), we evaluated whether the extinction in the foreseeable future is the Defenders of Wildlife, Center, population could be considered low, and the Eastern DPS of boreal toad Friends of the Bitterroot, and Friends of endangered or threatened in this portion is not likely to become an endangered the Clearwater requesting that the fisher of its range. We found that in this species within the foreseeable future population in the Northern Rocky portion of the range, 51 percent of HUC– throughout all of its range. Mountains (NRM) of the United States 12s are in the high or moderate Finally, we considered whether there be considered a DPS and listed as resilience category, and these are spread are any significant portions of the range endangered or threatened, and critical throughout the Southern Rocky where the population is in danger of habitat be designated under the Act. We Mountains, providing adaptive capacity extinction or is likely to become so in published a 90-day finding on April 16, (representation) and redundancy in the the foreseeable future. We evaluated the 2010, stating that the petition presented face of catastrophic events (Service Southern Rocky Mountains portion of substantial information that listing a 2017f, p. 30). Looking into the the range, where the population has DPS of fisher in the NRMs may be foreseeable future, we considered the evidenced the least ability to resist Bd, warranted, and initiated a status review best data available—the only existing the primary stressor, and found a low of the species (75 FR 19925). The next model of population persistence focused risk of extirpation of the Eastern boreal annual Candidate Notice of Review on the Southern Rocky Mountains. That toad even in that portion of its range. (CNOR), published on November 10, model predicted a 95-percent Based on this analysis, we concluded 2010, also included a notice of the 90- probability of persistence for toads in that there is not a significant portion of day finding and commencement of a 12- this geographic area in 50 years (Service the DPS’s range where the species is in month status review for the fisher NRM

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DPS (75 FR 69222). In our June 30, (moderately moist), coniferous and extinction risk. To assess the NRM 2011, 12-month finding, we concluded mixed conifer and hardwood forests fisher’s current and future statuses, we that the fisher in the U.S. Northern (reviewed by Hagmeier 1956, entire; used the three conservation biology Rocky Mountains of western Montana Arthur et al. 1989a, pp. 683–684; Banci principles of resiliency, redundancy, and north-central to northern Idaho 1989, p. v; Aubry and Houston 1992, p. and representation. Specifically, we constitutes a DPS (hereafter referred to 75; Jones and Garton 1994, pp. 377–378; identified the species’ ecological as NRM fisher). However, we concluded Powell 1994, p. 354; Powell et al. 2003, requirements at the individual, that listing the NRM fisher as an p. 641; Weir and Harestad 2003, p. 74). population, and species levels and endangered or threatened species was Fishers are associated more commonly described the stressors influencing the not warranted. with mature forest cover and late-seral species’ viability. The NRM fisher needs On September 23, 2013, the Center, forests with greater physical complexity multiple, resilient populations Defenders of Wildlife, Friends of the than other habitats (reviewed by Powell distributed across its range in a variety Bitterroot, Friends of the Clearwater, and Zielinski 1994, p. 52). In the NRM, of ecological settings to persist into the Western Watersheds Project, and fishers select for landscapes with future and to avoid extinction. Friends of the Wild Swan petitioned the abundant large trees (Schwartz et al. The biological information we Service to list the NRM fisher as 2013, p. 109; Olsen et al. 2014, p. 93) reviewed and analyzed as the basis for threatened or endangered under the Act. and greater than 50 percent mature our findings and projections for the We published a positive 90-day finding forest (Sauder and Rachlow 2014, pp. future condition of the species is on the petition on January 12, 2016 (81 79–80) arranged in a contiguous, documented in the SSA Report (Service FR 1368). We published a notice of complex mosaic (Sauder and Rachlow 2017g, entire). The potential stressors commencement of a status review for 2014, p. 79). These features occur in we evaluated in detail in the SSA the NRM fisher on January 13, 2017 (82 regions of the NRM receiving greater Report (Service 2017g, entire) include FR 4404). In August 2016, the Service mean annual precipitation (Olson et al. climate change (Factor A), entered into a settlement agreement 2104, p. 93) and having mid-range development/roads (Factor A), forestry with the Center, requiring the Service to values for mean temperature in the (Factor A), fire (Factor A), trapping submit a proposed listing rule or not- coldest month (Olson et al. 2104, p. 93). (Factor B), poisoning (Factor E), and warranted 12-month finding for the Within areas of low- and mid-elevation predation (Factor C) (Service 2017g, NRM fisher to the Federal Register by forests, the most-consistent predictor of chapter 3.5). For the reasons described September 30, 2017. This notice fisher occurrence at larger spatial scales in the SSA Report, there is no evidence satisfies the requirements of that is moderate to high levels of contiguous to suggest that climate change, settlement agreement for the NRM fisher canopy cover rather than any particular development, forestry, fire, trapping, and constitutes the Service’s 12-month forest plant community (Buck 1982, p. poisoning, or predation are having finding on the 2013 petition to list the 30; Arthur et al. 1989b, pp. 681–682; population-level impacts to the NRM NRM fisher as an endangered or Powell 1993, p. 88; Jones and Garton fisher, either individually or threatened species. 1994, p. 41; Weir and Corbould 2010, p. cumulatively with any other potential threats (Service 2017g, chapter 3.5 and Background 408). NRM fishers select heterogeneous chapter 4.9). The fisher is a forest-dwelling, areas with intermediate abundance of The NRM fisher currently exhibits a medium-sized mammal, light brown to habitat edge and high canopy cover level of viability (characterized using dark blackish-brown in color, found within home ranges, not necessarily resiliency, redundancy, and throughout many forested areas in areas containing more-mature forest representation) that allows them to Canada and the United States. The (Sauder and Rachlow 2015, pp. 52–53). occur across their historical range fisher has a long body with short legs In general, composition of individual (Service 2017h, chapter 3.6). A species and a long bushy tail. The fisher is fisher home ranges is usually a mosaic distribution model estimates about classified in the order Carnivora, family of different forested environments and 30,000 sq km (78,000 sq mi) of potential Mustelidae, a family that also includes successional stages (Sauder and habitat for fisher in the NRM (Service weasels, mink, martens, and otters Rachlow 2015, pp. 52–53; reviewed by 2017g, p. 25). Fisher habitat is (Anderson 1994, p. 14). The distribution Lofroth et al. 2010, p. 94). Cavities and inherently resistant to stochastic events of NRM fishers includes forested areas branches in trees, snags, stumps, rock (resilient) such as localized fire and of western Montana and north-central to piles, and downed timber are used as drought (Service 2017g, p. 51) because northern Idaho, and potentially resting sites, while cavities in large- the effects of such events on fisher northeastern Washington (Service diameter live or dead trees are selected habitat are mediated by the wetter, 2017g, p. 15). Genetic analyses confirm more often for natal and maternal dens maritime climate and diverse the presence of a remnant native (Powell and Zielinski 1994, pp. 47, 56). topography across much of the NRM, as population of fishers in the NRM that A unique aspect of the landscapes that evidenced by the longer fire-return escaped presumed extirpation early in fishers use in the NRM is the presence intervals that characterize most of the the 20th century (Vinkey et al. 2006 p. of an ash layer in the soil profile— modeled fisher habitat (Service 2017g, 269; Schwartz 2007, p. 924; Knaus et al. which is linked to increased forest p. 51). In order to characterize spatial 2011, p. 7). The population was productivity and potential resilience to distribution of potential fisher habitat, supplemented with reintroductions of drought (McDaniel and Wilson 2007, p. we divided the area of the NRM into fisher from the Midwest and Canada in 32). three spatial units. In addition, since the mid to late 1900’s (Service 2017g, p. population size of the NRM fisher has 12). Some fishers in the NRM still Summary of Status Review not been estimated, we rely on reflect the genetic legacy of the remnant We completed a Species Status describing the amount and distribution native population, with unique genetic Assessment (SSA) Report for the NRM of modeled habitat patches at two scales identity found nowhere else in the range fisher, which reports the results of the to make inferences about the NRM of fishers (Service 2017g, p. 14). comprehensive biological status review fisher. The smaller scale habitat patch is Fisher habitat includes low- to mid- and provides a thorough account of the 100 km2—the approximate size of a elevation environments of mesic species’ overall viability and, therefore, male fisher home range and area needed

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to sustain individual fishers. The larger reintroductions, indicate some level of this redundancy is expected to remain scale habitat patch is 2,500 km2—a genetic variability within the fisher into the future (Service 2017g, p. 68). minimum critical area (MCA) needed to population in the NRM; this variability Representation, both currently and in sustain 50 breeding fisher and avoid the is expected to persist into the future the future, is predicted to remain high effects of inbreeding depression. (Service 2017g, p. 68). Both modeled among all three fisher spatial units Within the NRM, there is redundancy future scenarios predict that adequate because of connectivity across the NRM, of modeled habitat patches at the home- distribution of patches among fisher the mobile nature of dispersing fisher, range scale (100 km2) (Service 2017g, p. spatial units will remain into the future and the continued existence of the 52). In addition, two of the three fisher (Service 2017g, p. 68). Thus, native genotype (Service 2017g, p. 68). spatial units have three or more MCAs representation is expected to remain Although there is inherently some level (2,500 km2), thereby lowering the risk high in the future (Service 2017g, p. 68). of uncertainty to any model, we that even a large, catastrophic event This analysis is described in greater conclude that the potential stressors that could eliminate all larger, contiguous detail in our SSA Report (Service 2017g, the NRM fisher is facing do not place habitat patches (Service 2017g, p. 52). entire). the species in danger of extinction. Representation of suitable fisher habitat Therefore, we conclude that the current Finding across the NRM appears high, and fisher risk of extinction is low, such that the have been able to adapt to shifting We evaluated the NRM fisher under NRM fisher is not in danger of habitat in the past as glacial ice sheets the Service’s Policy Regarding the extinction throughout all of its range, melted and habitat distribution changed Recognition of Distinct Vertebrate i.e., not an endangered species (Service 2017g, p. 52). A native Population Segments (DPS) Under the throughout its range at this time. genotype is still present in the NRM, Endangered Species Act (61 FR 4722; To evaluate the status of the species along with individuals with genetic February 7, 1996). Based on the best in the future, we considered two overall signatures presumably from past scientific and commercial information future scenarios out to 2030, 2060, and reintroductions (Service 2017g, p. 14). available, we find that the fisher in the 2090. We used these timeframes because Fishers can utilize a wide variety of NRM is both discrete and significant to the best available science (Olsen et al. prey, thereby minimizing the influence the taxon to which it belongs. Fishers in 2014, p. 92), used these timeframes to of changing environmental conditions the NRM are markedly separated from synthesize and project the effects of on prey abundance and distribution other populations of the same taxon as potential stressors on viability of NRM (Service 2017g, p. 52). a result of physical factors, further fisher (Service 2017g, chapter 4.8) in the We assessed the future condition of supported by quantitative differences in future. We expect fisher habitat to shift the NRM fisher by analyzing the number genetic identity. The loss of the fisher in north and east, with widely distributed and distribution of potential habitat the NRM would result in the loss of habitat across its range under both patches at the home-range scale (100 sq markedly different genetic future scenarios (Service 2017g, pp. 65– km) and MCA scale (2500 sq km) among characteristics relative to the rest of the 68). Fishers have good overall dispersal fisher spatial units in the NRM at three taxon and a significant gap in the range capability and, given that canopy cover future time points (years 2030, 2060, of the taxon; therefore, we consider the is expected to be adequate across much and 2090) and under two future NRM fisher to be significant to the taxon of the NRM, are expected to adapt to scenarios incorporating stressor to which it belongs (Service 2017h, pp. habitat shifts in the future (Service trajectories derived from the scientific 12–14). Because the fisher in the NRM 2017g, p. 65). NRM fisher resiliency is literature (Service 2017g, chapter 4.8). is both discrete and significant, it expected to be maintained or increase in In both future scenarios, modeled fisher qualifies as a DPS under the Act. future scenarios (Service 2017g, pp. 65– habitat is expected to be widely We reviewed the best available 67). In terms of redundancy, under both distributed across its range and, in some scientific and commercial information modeled future scenarios, we predict cases, increase (Service 2017g, pp. 57– pertaining to the status of the NRM that the NRM fisher modeled habitat 58). Under these modeled future fisher, corresponding to the Act’s five will remain or increase in distribution scenarios, we expect resiliency to threat factors. Currently, based on and amount across its range and that remain stable or increase in the future modeled habitat, there is a high-level (in redundancy will be in a moderate to (Service 2017g, pp. 65–67). Redundancy both quantity and distribution) high condition (Service 2017g, p. 68). of habitat patches capable of supporting condition of individual home ranges We expect fisher in the NRM to retain multiple fisher (100 sq km) and the (100 sq km) and a moderate-level their ability to withstand catastrophic number of MCAs (2500 sq km) are condition of MCAs (2,500 sq km) across events (Service 2017g, p. 68). In terms expected to increase under Scenario 1 the NRM (Service 2017g, chapter 3.6). of representation, in both future and be widely distributed among all Habitat patches are widespread in scenarios, we predict the NRM fisher fisher spatial units (Service 2017g, p. distribution and occupy a part of the will continue to occupy the full extent 68). Fewer habitat patches capable of NRM that has a distinct ash cap in the of its range and ecological settings and supporting multiple fishers (100 sq km) soil left from the eruption of Mount will maintain its current level (high) of and slightly fewer MCAs (2500 sq km) Mazama, thereby increasing the soils’ representation (Service 2017g, p. 68) are expected in the future under water retention properties and making through 2090. Scenario 2 than Scenario 1; however, NRM fisher habitat relatively resilient to We conclude that, despite the habitat patches are expected to remain future environmental change stemming uncertainties inherent in any modeling well distributed among fisher spatial from climate change (Service 2017g, p. of future scenarios, the risk of extinction units (Service 2017g, p. 68). Regarding 4). Modeled habitat patches that are of the NRM fisher in the foreseeable representation, the full genetic diversity currently present throughout the NRM future is low, such that the NRM fisher of fisher in the NRM is unknown; indicate that they are likely to sustain is not likely to become an endangered however, four different genetic fisher in the short and long term and to species within the foreseeable future haplotypes exist in the NRM (Service persist throughout the NRM through at throughout all of its range. Overall, 2017g, p. 68). The native haplotype, least 2090 (Service 2017g, chapter 3.6). resiliency, redundancy, and along with three other haplotypes Modeled habitat patches are redundant representation are expected to be stable presumed to be from historical fisher among the three fisher spatial units, and or increasing into the future at both

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scales (100 sq km and 2500 sq km) NRM fisher as an endangered or Dry Tortugas or in the Upper Keys in (Service 2017g, chapters 3.6 and 4.9). threatened species. A detailed the Key Largo area. The Florida Keys Under both future scenarios, and based discussion of the basis for this finding mole skink occurs in the beach berm (50 on our modeled habitats, we expect can be found in the NRM fisher’s to 80 cm [20 to 31 in] above sea level) adequate available habitat distributed Species Assessment and Listing Priority and coastal hammock habitats and relies across the NRM to support multiple Assignment Form, SSA Report, and on dry, unconsolidated soils for individual home ranges (100 sq km) and other supporting documents (available movement, cover, and nesting. The dry, MCAs (2500 sq km) to provide on the Internet at http:// unconsolidated soils allow for the resiliency (to tolerate environmental www.regulations.gov under Docket No. Florida Keys mole skink to dig nest and demographic stochasticity), FWS–R6–ES–2015–0104). cavities. Because of the predominantly redundancy (to withstand catastrophic limestone, prehistoric coral reef, and Florida Keys Mole Skink (Plestiodon events), and representation (to allow for rocky composition of the Florida Keys, egregius egregius) future adaptive capacity) (Service only a few areas [137 to 191 ha (340 to 2017g, chapter 4.9). Thus, after Previous Federal Actions 472 ac)] provide the suitable soils assessing the best available information, On April 20, 2010, we received a needed for Florida Keys mole skink we conclude that the NRM fisher is not petition from the Center to list 404 nesting. This subspecies needs detritus, in danger of extinction throughout all of aquatic, riparian, and wetland species leaves, wrack, and other ground cover its range nor is it likely to become so in from the southeastern United States— over loose substrate as cover and to the foreseeable future, i.e., not a including the Florida Keys mole skink— locate the insects that serve as a food threatened species throughout its range. as endangered or threatened species source. These ground cover and Having determined that the NRM substrate conditions also provide fisher does not meet the definition of a under the Act. On September 27, 2011, we published a 90-day finding, which reproductive and thermoregulatory threatened or endangered species refugia. throughout all of its range, we next determined that the petition contained The Florida Keys mole skink considered whether there are any substantial information indicating the subspecies was listed as a threatened significant portions of the range where Florida Keys mole skink may warrant species by the State of Florida in 1974 the species is in danger of extinction or listing, and initiated a status review for under the Florida Endangered and is likely to become endangered in the the subspecies (76 FR 59836). As a Threatened Species Act but was foreseeable future. The SSA Report did result of the Service’s 2013 settlement not identify any areas of the species’ agreement with the Center, the Service changed to a species of concern in 1978. range where stressors are currently is required to submit a 12-month finding In 2010, after a subspecies status review, having any population-level negative to the Federal Register by September the Florida Fish and Wildlife impacts to the NRM fisher (Service 30, 2017. This notice satisfies the Conservation Commission (FWC) 2017g, chapter 3.5). There is no requirements of that settlement determined the Florida Keys mole skink evidence to suggest that climate change, agreement for the Florida Keys mole warranted listing as a State-designated development, forestry, fire, trapping, skink and constitutes the Service’s 12- threatened species. Under the Florida poisoning, or predation are having month finding on the April 20, 2010, Endangered and Threatened Species population-level impacts to the species petition to list the Florida Keys mole Act, ‘‘threatened species’’ means ‘‘any either individually or cumulatively with skink as an endangered or threatened species of fish and wildlife naturally any other potential threats (Service species. occurring in Florida which may not be in immediate danger of extinction, but 2017g, chapter 3.5). We conclude there Background are no concentrations of threats in any which exists in such small populations portion of the range such that the The Florida Keys mole skink is one of as to become endangered if it is species could be in danger of extinction five distinct subspecies of mole skinks, subjected to increased stress as a result now or likely to become so in the all in the genus Plestiodon (previously of further modification of its foreseeable future in a particular portion referred to as Eumeces) (Brandley et al. environment.’’ The FWC uses a system (Service 2017h, pp. 26–27). Therefore, 2005, pp. 387–388). The Florida Keys to rank and evaluate species and no portion warrants further mole skink is isolated from the subspecies according to biological consideration to determine whether the mainland and limited to islands of the vulnerability. If the species or species may be in danger of extinction Florida Keys. This subspecies is a subspecies meets at least one of the or likely to become so in the foreseeable slender, small, brownish lizard with criteria for listing as a State-designated future in a significant portion of its smooth scales, two to four pairs of light Threatened species based on range (Service 2017h, pp. 26–27). stripes, and a brilliantly colored tail. International Union for Conservation of We have carefully assessed the best This subspecies is semi-fossorial Nature (IUCN) guidelines and criteria in scientific and commercial information (adapted to digging and living Rule 68A–27.001, F.A.C., then the FWC available regarding the past, present, underground) and cryptic in nature, but makes a determination whether listing a and future threats to the NRM fisher. has also been seen running along the species or subspecies is warranted. The Because the species is neither in danger substrate surface when exposed. Adults criteria in the Guidelines for Using the of extinction now nor likely to become reach a total length of approximately 13 IUCN Red List Categories and Criteria so in the foreseeable future throughout cm (5 in) (Florida Natural Areas (Version 13) are (A) population size all or any significant portion of its Inventory 2001, p. 1). reduction, (B) geographic range size, (C) range, the species does not meet the Historically, the Florida Keys mole population size and trend, (D) definition of an endangered species or skink has been found in low numbers population very small or restricted, and threatened species. Therefore, we find across the range from Key Largo to Dry (E) quantitative analysis of extinction that listing the NRM fisher as an Tortugas (north to south). Current risk (IUCN 2017, p. 15). The FWC endangered or threatened species under surveys documented the subspecies justified the listing as a State-designated the Act is not warranted at this time. from Long Key southwest to the Threatened species for the Florida Keys This notice constitutes the Service’s 12- Marquesas Keys, but no current records mole skink based on criterion D, which month finding on the petition to list the have been documented as far west as the is met when a population has a very

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restricted area of occupancy (estimated recently identified at least four climate-change-associated factors. We at 20.3 sq km) (7.8 sq mi) of potential genetically distinct populations within geospatially assessed potentially habitat) such that it is prone to the the Florida Keys mole skink subspecies available suitable habitat (beach berm effects of human activities or stochastic (Parkinson et al. 2016). These and coastal hammock) for the Florida events within a short time period in an preliminary findings should be taken Keys mole skink, and the current total uncertain future (FWC 2011, pp. 10, 14). with caution as the study used small acreage of available suitable habitat in In 2013, a Florida Keys mole skink State sample sizes from a limited number of the Florida Keys from Key Largo to the Action Plan was developed with the locations, and additional samples Dry Tortugas is approximately 3,700 ha goal of improving the conservation collected from other Keys are still to be (9,100 ac). In addition, we assessed status of the Florida Keys mole skink to processed. We did not explore the potentially available suitable dry, the point at which the subspecies is possibility of these genetically distinct unconsolidated soils (Bahia fine sand, secure within its historical range (FWC populations as qualifying as distinct beach, and unconsolidated soils) from 2013). population segments under the Act, Monroe County Soil maps for this same because we were not petitioned to do so. Summary of Status Review range with some overlap of the suitable The preliminary genetic evidence In completing our status review for habitat identified, and the current suggests that little to no breeding is suitable soils total approximately 138 to the Florida Keys mole skink, we taking place between the four 191 ha (340 to 472 ac) and mainly occur reviewed the best available scientific genetically distinct populations, on six of the Keys in Monroe County: and commercial information and suggesting that the structure of the Lower Matecumbe, Long Key, Boot Key, compiled the information in the Species subspecies is that of discrete, minimally Status Assessment Report (SSA Report) to non-interbreeding populations Bahia Honda, Big Pine, and Key West (Service 2017i) for the Florida Keys (Parkinson et al. 2016). It is likely that (Monroe County 2016). There are small mole skink. We evaluated all known some level of stochastic passive patches of unconsolidated soils that potential impacts to the Florida Keys dispersal of individuals, primarily via occur intermixed within other habitats mole skink, including the Act’s five rafting (carried by floating debris and across the islands, primarily in the threat factors. This evaluation included seaweed wrack), is occurring, but the coastal hammock. The long-term trend information from all sources, including degree of success for the Florida Keys in sea-level rise at the National Oceanic Federal, State, academic, and private mole skink in establishing new and Atmospheric Administration entities, and the public. populations on unoccupied islands is (NOAA) Key West Station shows a 2.4 Historical observations documented uncertain (Branch et al. 2003, p. 207; mm (0.09 in) increase of the mean high the Florida Keys mole skink from Key Adler et al. 1995, pp. 535–537). water line per year from 1913 to 2015, Largo, Plantation Key, Upper The Florida Keys mole skink has and the NOAA Vaca Key Station shows Matecumbe Key, Indian Key, Long Key, limited genetic and environmental a 35 mm (0.14 in) increase per year from Grassy Key, Boot Key, Key Vaca, variation (subspecies representation) 1971 to 2015 (NOAA 2017a). Saddlebunch, West Summerland Key, within the Keys, and there is no Our analyses include consideration of Sawyer Key, Bahia Honda, Big Pine Key, behavioral or morphological variation ongoing and projected changes in Boca Chica, Middle Torch Key, East within the subspecies. Despite the climate within the next 83 years. We Rockland Key, Stock Island, Key West, subspecies’ occurrence across many analyzed suitable habitats (beach berm Mooney Harbor (Marquesas), and Dry Keys (subspecies redundancy), there are and coastal hammock) and soils (beach Tortugas (north to south) (Florida gaps in the data on the subspecies’ sand and Bahia fine sand) across the Museum of Natural History 2011; actual range-wide distribution and Florida Natural Areas Inventory 2011; range of the Florida Keys mole skink to abundance. Based on preliminary predict inundation from three regional Mays and Enge 2016, entire; Mount research, there are four genetically 1965, p. 208). Currently, no population climate-change sea-level rise projections distinct populations and additional at 2040, 2060, and 2100. However, estimates exist for the subspecies; individuals (not yet identified into foreseeable future for this subspecies however, recent (2014–present) targeted populations) occurring across separate was determined to be a 30–40-year and opportunistic surveys for the Keys; however, little information exists timeframe. This determination Florida Keys mole skink have on the abundance or growth rate of considered the biology of the documented 127 records from Long Key these populations (population to Marquesas (north to south) (Emerick resiliency).The largest and most subspecies, the stressors identified, and and FWC 2017; Mays and Enge 2016, consistently surveyed area, Long Beach the consistency in the sea-level rise entire). Of these, 104 observations or on Big Pine Key, indicates that all life projections to 2060. This includes the captures have been documented during stages, including breeding and nesting, expectation that sea-level rise will targeted surveys at one location, the are occurring in this area. increase over time, but there is also Long Beach site on Big Pine Key. An The primary stressors affecting the uncertainty about how the Florida Keys approximate 1:1 ratio of male to female current and future condition of the mole skink will respond and how was observed although the sex was Florida Keys mole skink are sea-level suitable habitats may transition. The undeterminable for 40 percent of the rise; climate-change-associated shifts in generation time of the Florida Keys Long Beach captures. A second location, rainfall, temperature, and storm mole skink is typically 3 to 4 years, so Ohio Key, has existing suitable habitat; intensities; and human development. the foreseeable future range of 30–40 however, targeted searches by Service These stressors account for indirect and years encompasses 10–13 generations, staff have yielded zero observations at direct effects at some level to all life which allows sufficient time for any this location. From November 2016 to stages and the habitat and soils across population-level response to stressors to January 2017, opportunistic searches at the subspecies’ range. The beach berm be detected. Although our analyses 10 locations yielded 8 skinks from 4 and coastal hammock habitat upon predicted inundation out to 2100, we additional locations: Long Key, Content which the subspecies relies for food, did not extend our foreseeable future Key, Cook Island, and Big Munson Key. nesting, and shelter are susceptible to beyond 30–40 years due to too much Preliminary genetic research on the flooding, inundation, and saltwater uncertainty in the projections that far five Plestiodon egregius subspecies has intrusion from sea-level rise and out and the divergence among the Low,

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Medium, and High sea-level rise sustain the subspecies beyond the near become so in the foreseeable future projections beyond 2060. term. Continued occurrence of the throughout any portion of its range. Based on this range-wide geospatial Florida Keys mole skink across most of Therefore, we find that listing the analysis, we projected that by 2040 the the historical range indicates a level of Florida Keys mole skink as a threatened subspecies could experience the loss of resiliency to the stressors that have been or an endangered species is not 2 to 17 percent of its suitable habitat acting upon it in the past and are warranted in a significant portion of its rangewide (a loss of 81 to 631 ha (200 currently acting on it. Strong rainstorms, range. A detailed discussion of the basis to 1,559 ac)) of the 3,669 ha (9,066 ac) tropical storms, and hurricanes are all for this finding can be found in the of suitable habitat estimated to be natural parts of the tropical Florida Keys Florida Keys mole skink species-specific available currently. By 2040, suitable ecosystem and may be a contributing assessment form and other supporting soils are projected to decline by 19 to 37 factor to the low historical and current documents (available on the Internet at percent (30 to 58 ha (74 to 143 ac)) of observation data for the subspecies. http://www.regulations.gov under the 155 ha (383 ac) of suitable soils Since the subspecies has persisted on Docket No. FWS–R4–ES–2017–0067). estimated to be available currently. multiple Keys with human development Under 2060 projections, the amount of and activities over time, it is likely that Great Sand Dunes Tiger Beetle suitable habitat and soils loss is development will not be a driving (Cicindela theatina) expected to be 4 to 44 percent and 25 stressor on the future viability of the Previous Federal Actions to 50 percent, respectively. The sea- Florida Keys mole skink. Over time, the As part of a multispecies petition in level-rise projections predict inundation subspecies has persisted on different 2007, Guardians (which at the time was only and do not model the complex set Keys providing a level of redundancy, of shifts that are anticipated to be which may help the Florida Keys mole called ‘‘Forest Guardians’’) petitioned triggered over time as the effects of sea- skink withstand the increased potential the Service to list the Great Sand Dunes level rise are experienced. for catastrophic events into the future. tiger beetle (referred to in the petition as Overall, the Florida Keys mole skink Finally, the subspecies should continue the ‘‘Colorado tiger beetle,’’ an older may experience reductions in to exhibit a level of representation with common name for the species). The population resiliency, subspecies suitable habitat and soils continuing to petition requested that we evaluate all redundancy, and subspecies occur in multiple Keys across the range full species in our Southwest Region representation due to sea-level rise and of the subspecies. (where the Great Sand Dunes tiger climate-change-associated factors. As mentioned above, the FWC beetle was erroneously thought to occur) However, although we expect some determined the Florida Keys mole skink ranked as G1 or G2 by the organization habitat loss and inundation across the met the criterion D as a very restricted NatureServe, and list each species under range of the Florida Keys mole skink, population and, therefore, listed the the Act as either endangered or the best scientific and commercial data Florida Keys mole skink as a State- threatened with critical habitat. In 2009, available indicate that 56 to 98 percent designated Threatened species in 2010. we published a 90-day finding, in which of the suitable habitat and 50 to 81 While the Florida Keys mole skink we concluded that the petition percent of the suitable soils will remain meets at least one criterion of a State- presented substantial information that into the foreseeable future. designated Threatened species under listing the Great Sand Dunes tiger beetle may be warranted (74 FR 66866, Finding the Florida Endangered and Threatened Species Act, in our analysis under the December 16, 2009). Based on our review of the best Federal Endangered Species Act, we Background available scientific and commercial find that the continued presence of information pertaining to the five occupied habitat (as well as potentially The Great Sand Dunes tiger beetle is factors, as well as the continued occupied suitable habitat) across most of a medium-sized tiger beetle in the presence of adequate resources to meet the subspecies’ range continues to family Cicindelidae. The species occurs the subspecies’ needs, we find that the provide a level of resiliency, only in the Great Sand Dunes geological stressors acting on the subspecies and redundancy, and representation to the feature in southern Colorado. The life its habitat, either singly or in subspecies in the near term and within history of the Great Sand Dunes tiger combination, are not of sufficient the foreseeable future. Therefore, we beetle is closely tied to the sand dunes imminence, intensity, or magnitude to conclude the Florida Keys mole skink is for all stages of the species’ life cycle, indicate that the Florida Keys mole likely to remain at a sufficiently low risk including feeding, sheltering, and skink is in danger of extinction (an of extinction and will not become in reproducing (Service 2017j, p. 13). endangered species), or likely to become danger of extinction in the foreseeable Suitable habitat is considered to include endangered within the foreseeable future and, thus, does not meet the active dunes, which may include sandy future (a threatened species), throughout definition of an endangered species or blowouts and shifting sands, with a all of its range. threatened species under the Act. vegetative cover between 0.20 to 15 The main stressors that may affect We evaluated the current range of the percent cover (Service 2017j, p. 13). Florida Keys mole skink resiliency are Florida Keys mole skink to determine if Three types of dune provinces, or sea-level rise, climate-change-associated there are any apparent geographic areas, are present within the Great Sand factors, and development (all under concentrations of potential threats to the Dunes complex—the main sand dune Factor A). The Florida Keys has subspecies. The risk factors that occur mass, sand sheet dunes, and playa lakes experienced sea-level rise rates throughout the Florida Keys mole dunes. All three types provide suitable equivalent to the global rate (Service skink’s range include sea-level rise; habitat for the Great Sand Dunes tiger 2017i, p. 5), with no indication that climate-change-associated shifts in beetle (Service 2017j, p. 8). The current these factors are currently acting on the rainfall, temperature, and storm estimated area of suitable habitat is subspecies. The persistence of occupied intensities; and human development. approximately 12,770 ac (5,168 ha), habitat (as well as potentially occupied We did not find that there was a which consists of a combination of areas suitable habitat) across the subspecies’ concentration of threats in a particular of verified occupied habitat and areas of range demonstrates resiliency, area that would cause the subspecies to likely suitable habitat, based on sand redundancy, and representation to be in danger of extinction or likely to and vegetation conditions (Service

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2017j, p. 8). There is neither a precise dunes by the Great Sand Dunes tiger commercial information pertaining to population estimate nor population beetle (Service 2017j, p. 28). the Great Sand Dunes tiger beetle, as monitoring data for the species. The SSA found that the Great Sand summarized in the SSA Report, Dunes tiger beetle population is corresponding to the Act’s five threat Summary of Status Review currently experiencing relatively stable factors, and we applied the standards We completed a Species Status dunes and minimal surface disturbances within the Act, its implementing Assessment (SSA) Report for the Great due to land management under the regulations, and Service policies. Sand Dunes tiger beetle (Service 2017j, National Park System, The Nature Because this species occupies the entire), which provides the results of the Conservancy, and the Service’s National majority of its historical range, with Service’s comprehensive biological Wildlife Refuge Program. Relative evidence of continued occupancy and status review for the Great Sand Dunes stability of the dune system is very limited impact from stressors tiger beetle, and provides a thorough maintained by the existing hydrologic across all three dune provinces, we find account of the species’ overall viability and wind conditions within the San that the species has a very low risk of and, therefore, risk of extinction. To Luis Valley. Hydrologic conditions in extirpation due to stochastic or evaluate the biological status of the this area are further protected by the catastrophic events that could plausibly Great Sand Dunes tiger beetle, the SSA Great Sand Dunes Act of 2000 that occur in the future and that, due to Report assesses a range of conditions, maintains the surface and ground water these conditions, the species retains both current and into the future, to rights at the Park. adaptive capacity. Therefore, we allow us to consider the species’ To assess the status of the species in conclude that the current risk of resiliency, redundancy, and the foreseeable future, the SSA Report extinction is low, such that the Great representation as proxies for evaluating forecasted future conditions for the Sand Dunes tiger beetle is not in danger overall viability. The Great Sand Dunes Great Sand Dunes tiger beetle in terms of extinction throughout all of its range. of resiliency, redundancy, and tiger beetle needs multiple self- In addition, because we project representation under five plausible sustaining subpopulations (redundancy) continued occupancy and very limited future scenarios for the years 2050 and that are both widely distributed impact from stressors across nearly all 2100. We chose these years because they (representation) and connected across of the species’ suitable habitat under all correspond to time periods that have its range to maintain its viability into five future scenarios, we find that the been evaluated by the National Park the future and to avoid extinction Service and are within the range of the species has a low future risk of (Service 2017j, p. 22). A number of available hydrological and climate extinction due to stochastic or factors influence whether the Great change model forecasts by the National catastrophic events that could plausibly Sand Dunes tiger beetle will maintain Park Service (see Service 2017j, occur in the future and that, due to large and stable subpopulations, which Appendix B). Additionally, because of these conditions, the species is expected increases the resiliency of a population the short generation time (3 years) of the to retain most of its adaptive capacity. to stochastic events. These factors Great Sand Dunes tiger beetle (Pineda Therefore, we conclude that the risk of include (1) a relatively stable dune 2002, p. 57), the year 2050 (33 years extinction in the foreseeable future is system maintained by a complex from now) and the year 2100 (83 years low, such that the Great Sand Dunes combination of hydrologic and wind from now) encompass approximately 10 tiger beetle is not likely to become an conditions, (2) relatively undisturbed and 30 generations, which is a relatively endangered species within the dunes, (3) the presence of suitable long time in which to observe effects to foreseeable future throughout all of its vegetation cover on the dunes (0.2 to 15 the species. Climate change models range. percent cover), and (4) connectivity forecast warmer temperatures, but there Having determined that the Great between the sub-populations (Service is uncertainty regarding whether Sand Dunes tiger beetle does not meet 2017j, p. 19). precipitation will increase or decrease the definition of a threatened species or The SSA Report evaluates the Great within the range of the Great Sand an endangered species, we next Sand Dunes tiger beetle’s Dunes tiger beetle, although the overall considered whether there are any subpopulations, and what is negatively trend is expected to be increased aridity significant portions of the range where and positively affecting those due to warming temperatures. Our the species is in danger of extinction or subpopulations, within the three dune scenarios accounted for the uncertainty is likely to become endangered in the provinces present at the Great Sand regarding future precipitation by foreseeable future. The best available Dunes complex. The species is currently including both possible precipitation information indicates that the Great distributed across most of the known conditions, as well as a range of levels Sand Dunes tiger beetle habitat in the geographic extent of its range, including of future surface disturbances of tiger playa lakes dunes may have greater all three dune areas (Service 2017j, p. beetle habitat (Service 2017j, pp. 36–49). vulnerability to potential future 27). The most significant potential Under all five scenarios we expect the stressors. We therefore evaluated stressor to the Great Sand Dunes tiger subpopulations of Great Sand Dunes whether the playa lakes dunes could be beetle would be the potential future loss tiger beetle to continue to occupy at considered ‘‘significant.’’ The playa lake of dune habitats that individuals need to least the two largest, if not all three, of dunes provide only 0.67 percent of the complete their life cycle. Surface the dune areas. We anticipate that the total Great Sand Dunes tiger beetle disturbances within areas of suitable future persistence of the Great Sand habitat. If all of the Great Sand Dunes habitat can result in loss of habitat and Dunes tiger beetle will be provided by tiger beetles within the playa lake dunes injury or mortality of individuals. the continued maintenance of the were to hypothetically be extirpated, the Historical and current surface relatively undisturbed and relatively species would lose a very small amount disturbances in areas of suitable habitat stable dune system at the Great Sand of representation and redundancy. are estimated to be low, representing Dunes. However, the loss of this portion of the less than 5 percent of the suitable species’ range would still leave habitat (Service 2017j, pp. 29–32). Field Finding sufficient resiliency, redundancy, and observation data from 2000 to 2016 In making this finding, we reviewed representation in the remainder of the indicate a continued occupancy of the the best available scientific and species’ range such that it would not be

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expected to increase the vulnerability of Council, and West Virginia Highlands records of the Kirtland’s snake, we the entire species to extinction. Conservancy (the Petitioners), determined 194 (47 percent) to be extant We have carefully assessed the best requesting that we list 404 aquatic, and 204 (49 percent) are unknown, scientific and commercial information riparian, and wetland species as primarily due to detection difficulties, available regarding the past, present, threatened or endangered species under lack of survey effort, and uncertainty and future threats to the Great Sand the Act, including Kirtland’s snake. On regarding habitat requirements. We Dunes tiger beetle. Because the species September 27, 2011, we published a 90- determined 17 records (4 percent) are is neither in danger of extinction now day finding in the Federal Register (76 extirpated. nor likely to become so in the FR 59836), concluding that the petition Summary of Status Review foreseeable future throughout all or any presented substantial scientific significant portion of its range, the information indicating that listing the In making this 12-month finding on species does not meet the definition of Kirtland’s snake may be warranted. the petition, we considered and an endangered species or threatened On June 17, 2014, the Center filed a evaluated the best scientific and species. Therefore, we find that listing complaint against the Service (1:14–CV– commercial information available, and the Great Sand Dunes tiger beetle as an 01021) for failure to complete a 12- evaluated the potential stressors that endangered or threatened species under month finding for the Kirtland’s snake could be affecting Kirtland’s snake the Act is not warranted at this time. A in accordance with statutory deadlines. populations. This evaluation includes detailed discussion of the basis for this On September 22, 2014, the Service and information from all sources, including finding on the 2007 petition to list the the Center filed stipulated settlements Federal, State, tribal, academic, and Great Sand Dunes tiger beetle as an in the District of Columbia, agreeing that private entities and the public. The endangered or threatened species can be the Service would submit to the Federal Species Status Assessment (SSA) Report found in the Great Sand Dunes tiger Register a 12-month finding for the (service 2017k, entire) for the Kirtland’s beetle’s Species Assessment and Listing Kirtland’s snake no later than snake summarizes and documents the Priority Assignment Form, SSA Report, September 30, 2017 (Ctr. for Biological biological information we assembled, and other supporting documents Diversity v. Jewell, case 1:14–CV– reviewed, and analyzed as the basis for (available on the Internet at http:// 01021–EGS). our finding. We evaluated habitat loss and www.regulations.gov under Docket No. Background FWS–R6–ES–2017–0068). degradation from urbanization and The Kirtland’s snake is a small, non- development (Factor A) as a potential Kirtland’s Snake (Clonophis venomous snake in the water snake threat to the Kirtland’s snake. However, kirtlandii) subfamily of the constrictor family. The we found that the Kirtland’s snake species occurs close to permanent or occurs at a number of urban and Previous Federal Actions seasonal water sources, including suburban sites in vacant lots, parks, We first identified the Kirtland’s wetlands, streams, reservoirs, lakes, and cemeteries, remnant wetlands, snake as a candidate for listing under ponds. The Kirtland’s snake requires neighborhood yards, railroad rights-of- the Act in 1982 (47 FR 58454; December moist-soil environments and spends way, and trash dumps. The Kirtland’s 30, 1982) as a category 2 species. At that much of its time underground in or near snake has persisted in these degraded time, a category 2 candidate species was crayfish burrows. When Kirtland’s habitats in seemingly high densities for any species for which information in the snake is above ground, it is almost decades and presumably is capable of possession of the Service indicated that always found under natural or artificial reproducing in these otherwise marginal proposing to list as endangered or cover objects instead of basking or areas. threatened was possibly appropriate, moving through open areas. Collection for the pet trade (Factor B) but for which persuasive data on The core of the Kirtland’s snake’s was also cited by the Petitioners as a biological vulnerability and threat were range includes Illinois, Indiana, potential threat. Six States list the not currently available to support a Michigan, and Ohio. The species has Kirtland’s snake as threatened or proposed rule to list as an endangered also been found in three counties in endangered under State laws, most of or threatened species. The species Kentucky, three counties in eastern which regulate possession of listed remained a category 2 candidate in Missouri, and one county in Tennessee. species. We do not know to what extent subsequent Candidate Notices of Review The status of some Kirtland’s snake sites illegal collection may still occur, but (50 FR 37958, September 18, 1985; 54 in western Pennsylvania is unknown. there are no data indicating that FR 554, January 6, 1989; 56 FR 58804, The species historically occurred in collection is affecting the species. November 21, 1991; 59 FR 58982, southern Wisconsin. We also considered road mortality November 15, 1994). In 1996 (61 FR We currently consider the species to (Factor E) and snake fungal disease 7596, February 28, 1996), we be extant in 60 counties rangewide, with (Factor C) as potential threats. Road- discontinued recognition of category 2 43 percent of the historical counties killed Kirtland’s snakes have been candidates in favor of maintaining a list having Kirtland’s snake documented documented at a number of sites, and that represented only those species for within the last 15 years. The species three Kirtland’s snakes have tested which we have on file sufficient may be experiencing some range positive for snake fungal disease. information on biological vulnerability contraction in the east and northwest, However, such incidents are scattered and threats to support a proposal to list but recent county records in the north and there are no data indicating that as an endangered or threatened species, and south have extended the range road mortality or snake fungal disease but for which preparation and slightly in those directions. affects the species at a population level. publication of a proposal is precluded The Kirtland’s snake is notoriously Additionally, we investigated climate by higher priority listing actions. difficult to detect, even with focused change as a potential threat. One On April 20, 2010, we received a survey effort, because they are primarily modeling effort found that the Kirtland’s petition, dated April 20, 2010, from the underground. Negative survey data snake will see greater changes to the Center, Alabama Rivers Alliance, Clinch available for most sites are not rigorous climatic suitability in its range relative Coalition, Dogwood Alliance, Gulf enough to document whether the to other reptiles in the Great Lakes Restoration Network, Tennessee Forests species is extirpated. Of a total of 415 region. However, this study did not

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address how the Kirtland’s snake would Snake SSA Report and other supporting Pacific walrus to the candidate list and respond to any changes in climate (for documents provide a detailed assigned it a Listing Priority Number example, changes in temperature or discussion supporting the basis for this LPN of 9, based on the moderate precipitation patterns). There are no finding (available on the Internet at magnitude and imminence of threats. data to indicate how the Kirtland’s http://www.regulations.gov under The Pacific walrus was included in all snake is likely to respond to these Docket No. FWS–R3–ES–2017–0039). of our subsequent annual candidate changes, and we do not understand the notices of review (76 FR 66370, October Pacific Walrus (Odobenus rosmarus habitat needs of the species or why it 26, 2011; 77 FR 69994, November 21, ssp. divergens occurs or persists where it does so there ) 2012; 78 FR 70104; November 22, 2013; is no basis on which to conclude that Previous Federal Actions 79 FR 72450, December 5, 2014; 80 FR the species will decline as a result of On February 8, 2008, we received a 80584, December 24, 2015; 81 FR 87246, changes to climatic suitability. petition dated February 7, 2008, from December 2, 2016). On September 9, 2011, the Service the Center, requesting that the Pacific Finding entered into two settlement agreements walrus be listed as endangered or We acknowledge that data regarding with Guardians and the Center threatened under the Act and that actual impacts of these stressors on the regarding species on the candidate list critical habitat be designated. The species is limited; however, the best at that time (Endangered Species Act petition included supporting available scientific and commercial Section 4 Deadline Litigation, No. 10– information regarding the species’ information does not indicate that any 377 (EGS), MDL Docket No. 2165 ecology and habitat use patterns and of these stressors is occurring to a (D.D.C. May 10, 2011)). The settlement degree or magnitude that would result predicted changes in sea ice habitats agreement with the Center included a in population- or species-level impacts. and ocean conditions that may impact deadline to submit a proposed rule or While information regarding population the Pacific walrus. We acknowledged not-warranted finding to the Federal abundance is limited, the species receipt of the petition in a letter to the Register for the Pacific walrus by continues to be found over a wide area, Center, dated April 9, 2008. In that September 30, 2017. This publication suggesting that the species has at least letter, we stated that an emergency fulfills the requirement of the settlement some redundancy to guard against listing was not warranted and that all agreement for the Pacific walrus. catastrophic events. Additionally, the remaining available funds in the listing species appears to tolerate a variety of program for Fiscal Year (FY) 2008 had Background habitat conditions and has persisted in already been allocated to the Service’s The Pacific walrus is one of the degraded areas for decades and, thus, highest priority listing actions and that largest extant pinnipeds (fin or flipper- presumably is capable of reproducing in no listing funds were available to footed marine mammals) in the world. otherwise marginal areas, indicating the evaluate the Pacific walrus petition The Pacific walrus is identified and species is at least somewhat resilient. further in FY 2008. managed as a single panmictic The information available regarding On December 3, 2008, the Center filed population (a population with random future trends of the stressors or the a complaint in U.S. District Court for the mating). The subspecies ranges across species’ response does not allow us to District of Alaska for declaratory the shallow continental shelf waters of reliably predict changes to the species’ judgment and injunctive relief, the Bering and Chukchi Seas, status; however, the best available challenging the failure of the Service to occasionally moving into the East scientific and commercial information make a 90-day finding on their petition Siberian Sea and Beaufort Sea. Pacific does not indicate that these stressors are to list the Pacific walrus, pursuant to walruses are highly mobile, and their likely to result in population- or section 4(b)(3) of the Endangered distribution varies markedly in response species-level impacts in the foreseeable Species Act and the Administrative to seasonal and interannual variations future. Procedure Act (5 U.S.C. 706(1)). On May in sea-ice cover. Pacific walruses Further, we found no portions of the 18, 2009, a settlement agreement was undertake seasonal migrations between Kirtland’s snake’s range where these approved in the case of Center for the Bering and Chukchi Seas and stressors are concentrated or Biological Diversity v. U.S. Fish and primarily rely on broken pack ice substantially greater than in other Wildlife Service, et al. (3:08–cv–00265– habitat to access offshore breeding and portions of its range. Therefore, there JWS), requiring us to submit our 90-day feeding areas. would not be any significant portions of finding on the petition to the Federal Most Pacific walruses spend the the species’ range where the species Register by September 10, 2009. On winter in the Bering Sea. As the Bering could have a higher level of risk than its September 10, 2009, we made our 90- Sea ice deteriorates in the spring, adult status throughout all of its range (i.e., be day finding that the petition presented females, juveniles, and some adult in danger of extinction or likely to substantial scientific information males migrate northward to summer become so in the foreseeable future). indicating that listing the Pacific walrus feeding areas over the continental shelf Based on this information about may be warranted (74 FR 46548). On in the Chukchi Sea, where sea ice has resiliency and redundancy, as August 30, 2010, the Court approved an historically remained throughout the articulated in more detail in the amended settlement agreement year. Calves are born each spring during underlying SSA Report, combined with requiring us to submit our 12-month the northward migration. Thousands of a lack of operative threats now or in the finding to the Federal Register by adult male Pacific walruses remain in future, we conclude that the Kirtland’s January 31, 2011. On February 10, 2011, the Bering Sea year round, where they snake is not in danger of extinction nor we published a 12-month petition forage from coastal haulouts during ice- is it likely to become so in the finding that listing the Pacific walrus as free periods. In late September and foreseeable future throughout all or a an endangered or threatened species October, walruses that summered in the significant portion of its range. was warranted; however, listing the Chukchi Sea typically begin moving Therefore, we find that listing the Pacific walrus was precluded by higher south in advance of the developing sea Kirtland’s snake as an endangered or priority actions to amend the Lists of ice. threatened species under the Act is not Endangered and Threatened Wildlife The size of the Pacific walrus warranted at this time. The Kirtland’s and Plants (76 FR 7634). We added the population is uncertain. Preliminary

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survey results from a mark-recapture a species with a 15-year generational Strait, straddling the southern Chukchi survey undertaken by the Service timeframe, few malnourished or and northern Bering Seas, in 2060. We estimate a total population size of diseased animals are observed, and detected large variations in the 283,213 Pacific walruses with a 95 reproduction is higher than in the trajectories of potential habitat for the percent credible interval of 93,000 to 1970s–1980s, when the population was Pacific walrus across the Bering Sea and 478,975 individuals (Beatty 2017). thought to have reached carrying Chukchi Sea area. For example, our However, this abundance estimate capacity and subsequently declined. results demonstrate increases in should be interpreted with extreme Consequently, the current prey base of potential habitat in spring and winter caution due to the preliminary nature of Pacific walruses appears adequate to for both the U.S. and Russia Chukchi the estimate and the low precision meet the energetic and physiological Sea areas, yet potential habitat declined estimates in the model. demands of the population. Survival dramatically in these areas in summer. rates are higher than in the 1970s– Summary of Status Review Conversely, we predicted notable 1980s, and harvest levels have also declines in potential habitat in spring In making this 12-month finding, we decreased. These observations mirror and winter and a stable trajectory in considered and evaluated the best those of Alaskan Native hunters, who summer. In all seasons, potential habitat scientific and commercial information assert that the population is large and in the Russia Bering Sea area varied available, and evaluated the potential stable; that Pacific walruses are little. stressors that could be affecting the intelligent, adaptable, and able to make We relied on monthly projections of Pacific walrus. This evaluation includes the necessary adjustments needed to sea-ice extent from a 13-model ensemble information from all available sources, persist; and that Pacific walruses are not of the most-recent Global Circulation including Federal and State entities, being negatively impacted in a Models and three Representative Alaska natives, academics, private significant way at this time. Concentration Pathways (RCP) to assess entities, and the public. The Species In considering the future as it relates the response of Pacific walruses to Status Assessment Report (SSA Report) to the status of the Pacific walrus, we changes in the number of ice-free (Service 2017l) for the Pacific walrus considered the stressors acting on the months over time. Pacific walruses summarizes and documents the species and looked to see if reliable currently use sea ice for courtship and biological information we assembled, predictions about the status of the breeding from December to March with reviewed, and analyzed to inform our species in response to those stressors a core period occurring from January to finding. could be drawn. We considered how far February. In addition, Pacific walruses We reviewed the potential stressors into the future we could reliably predict currently use sea ice for birthing in the that could be affecting the Pacific the extent to which threats might affect spring from April to June with a core walrus and assessed the viability of the the status of the species, recognizing birthing period occurring in May. Pacific walrus through an assessment of that our ability to make reliable Furthermore, calves nurse on the sea ice the resiliency, representation, and predictions into the future is limited by exclusively for 2–4 weeks after birth, redundancy of the Pacific walrus the variable quantity and quality of the and this critical period in post-natal population. Owing to the relatively available data about impacts to the care occurs in May and June. Given our wide geographic range of the Pacific walrus and the response of the prediction that the areas where the subspecies, individual walruses may be Pacific walrus to those impacts. impacted by a variety of stressors; For the Pacific walrus, the most Pacific walruses’ occur will, in however, concerns about the walrus’ significant risk factor looking into the combination, provide sufficient sea ice status as a whole revolve primarily future is the effects of climate change to meet the species’ breeding, birthing, around the following stressors (sea-ice loss). While we have high and denning needs, we found that associated with the effects of climate certainty that sea-ice availability will Pacific walruses habitat needs will be change: (1) Loss of sea ice; (2) ocean decline as a result of climate change, we met during the core breeding and warming; and (3) ocean acidification. have less certainty, particularly further birthing portions of the annual cycle We reviewed the following additional into the future, about the magnitude of under all RCP scenarios out to 2060. stressors in the SSA Report (Service effect that climate change will have on Although Pacific walruses prefer sea 2017l): Harvest; disease and parasites; the full suite of environmental ice habitat, they also use land habitat predation; contaminants and biotoxins; conditions (e.g., benthic productivity) or during the summer and fall, but likely oil and gas exploration, development, how the species will respond to those not without tradeoffs related to and production; commercial fisheries; changes. We find that beyond 2060 the energetic costs and other risks of using and ship and air traffic. Although we conclusions concerning the impacts of coastal haulouts (e.g., trampling events, acknowledge that these additional the effects of climate change on the predation, and disease). Nonetheless, if stressors may be affecting individual Pacific walrus population are based on land habitat proves to be comparable in Pacific walruses, the best available speculation, rather than reliable quality to ice habitat, including access information does not show that these prediction. to foraging sites, then it is likely that activities or stressors are having an Our habitat analysis predicts that their habitat needs will be met. If land impact at the population level; further shifts in both seasonal distribution and habitat is inferior to ice habitat for discussion can be found in the SSA availability of sea-ice habitat will occur Pacific walruses in summer and fall, Report (Service 2017l, entire). across the range of the Pacific walrus. then survival and recruitment of Pacific We found that the Pacific walrus For example, we found that, across walruses will likely decline and population appears to possess degrees of seasons and time, ice-accessible habitat population-level effects would occur. resiliency, representation, and will shift northward with the loss of However, while it is likely that the redundancy that have allowed it to cope pack ice in the northern areas of the increased use of land habitat will have with the changing environments of the subspecies’ range, exposing more land- some negative effects on the population, last decade. Although changes in accessible habitat, especially in the the magnitude of effect is uncertain resiliency, representation, and Bering Sea. In winter, we project that given the demonstrated ability of Pacific redundancy of the subspecies during ice-accessible habitat will shift from the walruses to change their behavior or this time would be difficult to detect for central Bering Sea in 2015 to the Bering adapt to greater use of land.

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In our assessment of the Pacific a future reduction in availability of sea discovered in 1997 and described by Dr. walrus, we considered the future ice, resulting in reduced resiliency and Gary Garrett and Dr. Robert Edwards impacts of stressors such as shipping redundancy, we are unable to reliably (2003, pp. 783–788) as a species distinct and oil and gas development, along with predict the magnitude of the effect and from other gambusia species, including changes in potential suitable habitat, on the behavioral response of the Pacific its closest believed relative, the spotfin the viability of the Pacific walrus walrus to this change, and we therefore gambusia (Gambusia krumholzi). Garrett population. As previously discussed, we do not have reliable information and Edwards identified the San Felipe find that beyond 2060 the conclusions showing that the magnitude of this gambusia as a new species only known concerning the impacts of the effects of change could be sufficient to put the to occur from San Felipe Creek in Val climate change and other stressors on subspecies in danger of extinction now Verde County, Texas. This distinction the Pacific walrus population are based or in the foreseeable future. At this time, between the San Felipe gambusia and on speculation, rather than reliable sufficient resources remain to meet the spotfin gambusia was based on prediction. Therefore, while we subspecies’ physical and ecological morphological characteristics, primarily included projections out to 2100 in our needs now and into the future. body pigmentation and aspects of the analysis, we considered 2060 as the Therefore, we find that listing the male gonopodium (modified anal fin foreseeable future timeframe for this Pacific walrus as an endangered or that allows male fish of the families analysis. Due to future changes in threatened species under the Act is not Anablepidae and Poeciliidae to briefly suitable habitat, coupled with the warranted at this time. A detailed hook into the vent of a female fish to impacts of the other stressors, we expect discussion of the basis for this finding deposit sperm; Garrett and Edwards that the Pacific walrus’s viability will be can be found in the Pacific walrus 2003, p. 783). characterized by lower levels of species-specific assessment form and Summary of Status Review resiliency and redundancy in the future, other supporting documents (available but we do not have reliable information on the Internet at http:// We have evaluated the best scientific showing that the magnitude of this www.regulations.gov under Docket No. and commercial information available, change could be sufficient to put the FWS–R7–ES–2017–0069). and based on that information we find subspecies in danger of extinction in the that the San Felipe gambusia is not a foreseeable future. In addition, we San Felipe Gambusia (Gambusia distinct species, but rather the same expect that representation will remain clarkhubbsi) species as the spotfin gambusia (Gambusia krumholzi). This section relatively unchanged. Previous Federal Actions We evaluated the current range of the summarizes the information upon Pacific walrus to determine if there is On June 13, 2005, we received a which we base this finding. The best any apparent geographic concentration petition, dated June 10, 2005, from Save available and most current scientific of potential threats to the taxon. We Our Springs Alliance requesting that the information indicates that the San examined potential threats from loss of San Felipe gambusia be listed as an Felipe gambusia is a junior synonym of sea ice, ocean warming, ocean endangered species under the Act. The the spotfin gambusia. In this context, a acidification, energetics, change in West Texas Springs Alliance was also ‘‘junior synonym’’ refers to different habitat use patterns, harvest, disease listed as a petitioner. On February 13, scientific names for the same species, and parasites, predation, contaminants 2007, we published a 90-day finding (72 where the later name given is and biotoxins, oil and gas exploration, FR 6703) in the Federal Register that considered junior. The Service is not development and production, the 2005 petition from Save Our Springs considering the spotfin gambusia for commercial fisheries, and ship and air Alliance did not present substantial listing action at this time. traffic. We found no portions of its range information indicating that listing may Echelle et al. (2013, p. 72), including where potential threats are significantly be warranted. as co-authors Dr. Gary Garrett and Dr. concentrated or substantially greater On June 18, 2007, Guardians (which Robert Edwards, who first identified than in other portions of its range, and at the time was called ‘‘Forest San Felipe gambusia as a new species, that there was no higher concentration Guardians’’) petitioned the Service to described the genetic structure and of threats in the Chukchi or the Bering list 475 species in the southwestern species-level taxonomy of three Seas. We did not identify any portions United States as endangered or gambusia species: San Felipe gambusia, where the species may be in danger of threatened under the Act, including the spotfin gambusia, and Tex-Mex extinction or likely to become so in the San Felipe gambusia. On December 16, gambusia (Gambusia speciosa). Echelle foreseeable future. Therefore, no 2009, the Service published in the also reevaluated the morphological portions warrant further consideration Federal Register a partial 90-day finding characteristics of the San Felipe to determine whether the species may (74 FR 66866) for 192 of the 475 species gambusia and the spotfin gambusia. be in danger of extinction or likely to raised in Guardians’ 2007 petition, Echelle’s work was published in Copeia, become so in the foreseeable future in including the San Felipe gambusia. In a peer-reviewed scientific journal a significant portion of its range. that finding, the Service found the 2007 published by The American Society of petition presented substantial scientific Ichthyologists and Herpetologists. The Finding or commercial information indicating American Society of Ichthyologists and Our review of the best scientific and that listing the San Felipe gambusia may Herpetologists, in conjunction with the commercial information available be warranted. This 12-month finding American Fisheries Society, is indicates that the threats affecting the satisfies the statutory requirement of recognized as an authority in Pacific walrus are not, singly or in section 4(b)(3)(B) of the Act that the establishing the taxonomic status of combination, of sufficient imminence, Service determine whether or not the fish. intensity, or magnitude that the species San Felipe gambusia warrants listing. Echelle et al.’s, (2013, p. 77) study is in danger of extinction or is likely to assessed variation in mitochondrial become endangered in the foreseeable Background DNA and six nuclear microsatellite loci future throughout all or a significant The San Felipe gambusia is a small of the San Felipe gambusia and the portion of its range. We conclude that, fish in the family Poeciliidae (order spotfin gambusia. None of the six while the Pacific walrus will experience Cyprinodontiformes). It was first microsatellite loci showed fixed

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differences between the populations of Based on our review of the best Kirtland’s snake, Pacific walrus, and San Felipe gambusia and spotfin available scientific and commercial San Felipe gambusia to the appropriate gambusia (Echelle et al. 2013, p. 77). In information, the taxonomic entity that is person, as specified under FOR FURTHER other words, this genetic analysis did known as the San Felipe gambusia is INFORMATION CONTACT, whenever it not find statistically significant not a distinct species or subspecies, but becomes available. New information differences between San Felipe rather the same species (a junior will help us monitor these species and gambusia and spotfin gambusia to synonym) as the spotfin gambusia encourage their conservation. We indicate that they were separate species. (Echelle et al. 2013, p. 72). encourage local agencies and Additionally, morphological stakeholders to continue cooperative Finding characteristics that Garrett and Edwards monitoring and conservation efforts for (2003, pp. 738–786) had originally used Under the Act, the term ‘‘species’’ these species. If an emergency situation to describe the San Felipe gambusia includes ‘‘any subspecies of fish or develops for any of these species, we were generally subtle, and reevaluation wildlife or plants, and any distinct will act to provide immediate of these characteristics showed no population segment of any species of protection. statistically significant variance vertebrate fish or wildlife which associated with species-level taxonomy interbreeds when mature’’ (16 U.S.C. References Cited 1532(16)). Based on the best scientific (Echelle et al. 2013, p. 77). In other Lists of the references cited in the and commercial information available, words, in the more recent peer-reviewed petition findings are available on the the San Felipe gambusia is not itself a evaluation, the body characteristics that Internet at http://www.regulations.gov had been identified as potentially species, subspecies, or distinct in the dockets listed above in ADDRESSES distinguishing between the San Felipe population segment, as those terms are and upon request from the appropriate gambusia and the spotfin gambusia defined in the Act. Therefore, the San person, as specified under FOR FURTHER revealed no statistically significant Felipe gambusia is not a listable entity INFORMATION CONTACT. differences to indicate that they were under the Act. We find the San Felipe separate species. The only exception to gambusia is not a valid taxonomic Authors this was degree of body crosshatching in entity, does not meet the definition of a males, which differed in direction, as species or subspecies under the Act, The primary authors of this document noted by Garrett and Edwards (2003, p. and, as a result, cannot warrant listing are the staff members of the Unified 785). However, there was broad overlap under the Act. Listing Team, Ecological Services in crosshatching pattern between the Program. New Information San Felipe gambusia and spotfin Authority gambusia, and the difference was not We request that you submit any new detected in females (Echelle et al. 2013, information concerning the taxonomy, The authority for this action is section p. 77). Based on the results of the biology, ecology, status of, or stressors 4 of the Endangered Species Act of genetics work and morphological to, the 14 Nevada springsnail species, 1973, as amended (16 U.S.C. 1531 et reassessment, Echelle et al. (2013, Barbour’s map turtle, Bicknell’s thrush, seq.). entire) found that the San Felipe Big Blue Springs cave crayfish, Oregon gambusia is not a new species, but is a Cascades-California population and Dated: September 15, 2017. junior synonym of (i.e., the same species Black Hills population of the black- James W. Kurth, as) the more widespread spotfin backed woodpecker, eastern DPS of the Acting Director, U.S. Fish and Wildlife gambusia, endemic to river systems in boreal toad, Northern Rocky Mountains Service. Coahuila, Mexico (Echelle et al. 2013, DPS of the fisher, Florida Keys mole [FR Doc. 2017–21352 Filed 10–4–17; 8:45 am] p. 77). skink, Great Sand Dunes tiger beetle, BILLING CODE 4333–15–P

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