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to operate in traffic, it should be Guidance: The term implements of finding on a petition to list the Puerto accompanied by escort vehicles or in husbandry should be narrowly Rican harlequin butterfly (Atlantea some other way separated from the construed and limited to equipment tulita) as endangered and to designate public traffic. This equipment may also which, by its design and function is critical habitat under the Endangered be subject to State or local permit obviously not designed or used to travel Species Act of 1973, as amended. After requirements with regard to escort at normal highway speeds in the stream reviewing all available scientific and vehicles, special markings, time of day, of traffic. Examples of such equipment commercial information, we find that day of the week, and/or the specific include, but are not limited to, farm the listing of the Puerto Rican harlequin route. tractors, subsoilers, cultivators, reapers, butterfly is warranted. Currently, § 383.3 Question 7 and § 390.5 binders, combines, cotton module however, listing the Puerto Rican Question 8: What types of equipment builders, planters, and discs. harlequin butterfly is precluded by are included in the category of off-road higher priority actions to amend the Request for Comments motorized construction equipment? Lists of Endangered and Threatened Guidance: The definition of off-road FMCSA requests public comment on: Wildlife and Plants. Upon publication motorized construction equipment is to (1) The distinction between interstate of this 12-month petition finding, we be narrowly construed and limited to and intrastate commerce in making the will add the Puerto Rican harlequin equipment which, by its design and determination whether certain butterfly to our candidate species list. If function is obviously not intended for transportation by CMVs, within the an emergency situation develops with use, nor is it used on a public road in boundaries of a single State, is subject this species that warrants an emergency furtherance of a transportation purpose. to the FMCSRs; (2) the relevance of the listing, we will act immediately to Examples of such equipment include distinction between direct and indirect provide additional protection. We will motor scrapers, backhoes, motor compensation in deciding whether develop a proposed rule to list the graders, compactors, tractors, trenchers, certain farm vehicle drivers working Puerto Rican harlequin butterfly as our bulldozers and railroad track under a crop share arrangement are priorities allow. We will make any maintenance cranes. subject to the Agency’s CDL regulations; determination on critical habitat during The FMCSA proposes to issue new and, (3) the determination whether development of the proposed listing regulatory guidance to address certain off-road farm equipment and rule. During any interim period, we will implements of husbandry, consistent implements of husbandry operated on address the status of the candidate taxon with the approach used for off-road public roads for limited distances through our annual Candidate Notice of motorized construction equipment. The should be considered CMVs and subject Review (CNOR). Agency requests public comment on to the Agency’s vehicle safety DATES: The finding announced in this this issue and the following proposal. equipment regulations. Specifically, the Agency requests The Agency will consider all document was made on May 31, 2011. comments on whether there are specific comments received by close of business ADDRESSES: This finding is available on examples of implements of husbandry on June 30, 2011. Comments will be the Internet at http:// that should be included in the guidance available for examination in the docket www.regulations.gov at Docket Number to assist the enforcement community at the location listed under the FWS–R4–ES–2010–0026. Supporting and the industry in achieving a common ‘‘Addresses’’ section of this notice. The documentation we used in preparing understanding of how to apply the Agency will consider to the extent this finding is available for public safety regulations. practicable comments received in the inspection, by appointment, during public docket after the closing date of normal business hours at the U.S. Fish Proposed Regulatory Guidance: the comment period. and Wildlife Service, Caribbean Applicability of the FMCSRs to Ecological Services Field Office, Road Issued on: May 20, 2011. Implements of Husbandry 301, Km. 5.1, Boquero´n, PR 00622. Anne S. Ferro, § 383.5 Question 13 and § 390.5 Please submit any new information, Question 33 Administrator. materials, comments, or questions [FR Doc. 2011–13035 Filed 5–27–11; 8:45 am] Question: Do implements of concerning this finding to the above BILLING CODE 4910–EX–P husbandry meet the definitions of street address. ‘‘commercial motor vehicle’’ as used in FOR FURTHER INFORMATION CONTACT: Ms. 49 CFR 383.5 and 390.5? Marelisa Rivera, Assistant Field Guidance: No. Implements of DEPARTMENT OF THE INTERIOR Supervisor, Caribbean Ecological Services Field Office, P.O. Box 491, husbandry are outside the scope of these Fish and Wildlife Service definitions when operated: (1) At a Boquero´n, PR 00622; by telephone at (787) 851–7297; or by facsimile at (787) farm; or (2) on a public road open to 50 CFR Part 17 unrestricted public travel, provided the 851–7440. Persons who use a equipment is not designed or used to [Docket No. FWS–R4–ES–2010–0026; MO telecommunications device for the deaf travel at normal highway speeds in the 92210–0–0008] (TDD) may call the Federal Information stream of traffic. This equipment, Relay Service (FIRS) at 800–877–8339. Endangered and Threatened Wildlife however, must be operated in SUPPLEMENTARY INFORMATION: and Plants; 12-Month Finding on a accordance with State and local safety Background laws and regulations as required by 49 Petition To List Puerto Rican Harlequin CFR 392.2 and may be subject to State Butterfly as Endangered Section 4(b)(3)(B) of the Endangered or local permit requirements with regard AGENCY: Fish and Wildlife Service, Species Act of 1973, as amended to escort vehicles, special markings, Interior. (Act)(16 U.S.C. 1531 et seq.), requires time of day, day of the week, and/or the ACTION: Notice of 12-month petition that for any petition to revise the Lists specific route. finding. of Endangered and Threatened Wildlife Question: What types of equipment and Plants that contains substantial are included in the category of SUMMARY: We, the Fish and Wildlife scientific and commercial information implements of husbandry? Service (Service), announce a 12-month indicating that listing the species may

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be warranted, we make a finding within Species Information imvolucrata (cariaquillo), Randia 12 months of the date of receipt of the Taxonomy and Species Description aculeate (tintillo), Vernonia albicaulis petition. In this finding, we determine (no common name), Poitea paucifolia whether the petitioned action is: (a) Not The Puerto Rican harlequin butterfly (no common name), Leucaena warranted; (b) warranted; or (c) is endemic to Puerto Rico and is one of leucocephala (leucaena), Eupatorium warranted, but the immediate proposal the four species endemic to the Greater odoratum (no common name), Erithalis of a regulation implementing the Antillean genus Atlantea (Biaggi- fructicosa (no common name), Distictis petitioned action is precluded by other Caballero 2009, p. 1). The species was lactifolia (no common name), Bidens pending proposals to determine whether described by German lepidopterist Dr. pilosa (no common name), Croton species are endangered or threatened, Herman Dewitz in 1877, from rigidus (adormidera), Staehytarpeta and expeditious progress is being made specimens collected by Dr. Leopold jamaicensis (no common name), to add or remove qualified species from Krug in the Municipality of Stigmaphyllon emargiuatum (bull reed), the Federal Lists of Endangered and Quebradillas, Puerto Rico. and Tabebuia heterophylla (roble). Threatened Wildlife and Plants. Section The Puerto Rican harlequin butterfly The Puerto Rican harlequin butterfly 4(b)(3)(C) of the Act requires that we has a wing span of about 2 to 2.5 inches has only been observed utilizing the treat a petition for which the requested (in) (6 centimeters (cm)) wide. Female Oplonia spinosa (prickly bush) as its action is found to be warranted but and male harlequin butterflies are host plant (plant used for laying the eggs precluded as though resubmitted on the similar in color patterns and size. This and serves as a food source for the date of such finding, that is, requiring a butterfly is brownish black at the dorsal development of the larvae). Oplonia subsequent finding to be made within area with deep orange markings and spinosa is a common tropical coastal 12 months. We must publish these 12- confused black markings at the half shrub and is widely distributed in month findings in the Federal Register. basal anterior wing. The posterior wing Puerto Rico. The Puerto Rican harlequin has a wide black border enclosing a set butterfly only lays eggs in the vegetative Previous Federal Actions of reddish-bronze sub-marginal points. (green) stems on the apical zone (the On February 25, 2009, we received a The ventral side of the anterior wing is tenderest zone on Oplonia spinosa new petition dated February 24, 2009, from similar to the dorsal anterior wing, and growth) (Biaggi-Caballero 2010, p. 2). No Mr. Javier Biaggi-Caballero requesting the posterior is black with orange basal other stage of host plant is used for that we list the Puerto Rican harlequin spots and a complete postdiscal beige ovoposition (action of laying eggs). The butterfly as endangered and designate band with a band of reddish spots chrysalis is also attached to dried twigs critical habitat under the Act. The distally and sub-marginal white half- of the host plant (Biaggi-Caballero 2009, petition clearly identified itself as such moons. The costa, the most anterior p. 3). The adult butterflies feed from the and included the requisite identification (leading) edge of a wing, in males is gray nectars of the flowers available at the information for the petitioner, as and wide. site but have not been observed feeding required in 50 CFR 424.14(a). In an Females are multivoltine ovipositors from the prickly bush. The majority of April 9, 2009, letter to the petitioner, we (they produce several broods in a single the individuals were found feeding on responded that we had received the season) (Biaggi-Caballero 2009, p. 2). flowers of sea grape, palo de vaca, and petition. We stated that we would make Habitat cariaquillo. a finding, to the maximum extent Carrio´n-Cabrera (2003, p. 40) states practicable within 90 days, as to The Puerto Rican harlequin butterfly that the dispersion of the species is whether or not the petition presented occurs within the subtropical moist limited by the monophagus habit of the substantial information. forest life zone on limestone-derived larvae (only utilizes the prickly bush). In that letter, we also stated that if the soil in the Northern karst Region (Ewel Additionally, the butterfly flies slowly initial finding concludes that the and Whitmore 1973, p. 25) and in the and is weak and fragile; the species is petition presents substantial subtropical wet forest on serpentine- considered relatively sedentary (not able information indicating that the derived soil in the Maricao to move or disperse in a given requested action may be warranted, we Commonwealth Forest (Ewel and environment) (Carrio´n-Cabrera 2003, must commence a review of the status Whitmore 1973, p. 32). The subtropical p. 51). of the species concerned and at the moist forest life zone on limestone- conclusion of our status review, we derived soil covers about 1.15 percent Distribution would prepare and publish our 12- (10,338 ha (25,545.75 ac)) of the total The historic range of the Puerto Rican month finding on the petition to list the area of Puerto Rico (USDA 2008, p. 21), harlequin butterfly includes the Puerto Rican harlequin butterfly as however, the subtropical wet forest on Northern karst Region, the Central- endangered or threatened and, if serpentine-derived soil cover about 0.04 western Volcanic Region, and the prudent and determinable, designate percent (358 ha (884.63 ac)) of the total Southern karst Region of Puerto Rico. critical habitat under the Act. area of Puerto Rico (USDA 2008, p. 20). Within these three regions, the species On April 26, 2010, we published a 90- It has been observed on a forest historically had been reported from five day finding (75 FR 21568) in which we associated with the coastal cliffs of the municipalities: (1) In the Northern karst concluded that the petition provided area in Quebradillas and on Region, the species was reported from substantial information that listing of sclerophullous forest (type of vegetation the Municipalities of Quebradillas and the Puerto Rican harlequin butterfly characterized by hard, leathery, Arecibo; (2) in the Central-western may be warranted, and we initiated a evergreen foliage that is specially Volcanic Region, the species was status review. To assist us in that status adapted to prevent moisture loss) in reported from the Municipalities of review, we requested comments and Maricao Commonwealth Forest. The Maricao and Sabana Grande; and (3) in information from the public and asked vegetation in the Puerto Rican harlequin the Southern karst Region, the species that they be submitted on or before June butterfly’s habitat in Quebradillas was reported from the Municipality of 25, 2010. This notice constitutes the 12- consists of Oplonia spinosa (prickly Pen˜ uelas (Carrio´n-Cabreara 2003, p. 32). month finding on the February 24, 2009, bush), Cocoloba uvifera (sea grape), Recently, the Puerto Rican harlequin petition to list the Puerto Rican Boureria suculenta (palo de vaca), butterfly has been reported from two harlequin butterfly as endangered. Lantana camara (cariaquillo), Lantana populations in two regions: (1) The

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Quebradillas population in the Northern occupy an area of 0.26 ha (0.65 acres access from the Municipality of Maricao karst Region, and (2) the Maricao (2,630.5 square meters)); and to the Municipality of Sabana Grande. population in the Central-western • One small patch in Puerto Ermina The Puerto Rican harlequin butterfly Volcanic-Serpentine Region (Pe´rez-Asso in the Municipality of Camuy (Biaggi- has not been found in the Southern et al. 2009, p. 94). The Quebradillas Caballero 2010, pers. comm.). karst Region since 1926 (Biaggi- population occurs in approximately 144 The Quebradillas population occurs Caballero 2010, p. 4). ha (356 acres) strip of forested habitat in private lands and public lands. Five Carrio´n-Cabrera (2003, p. 60) observed located on the northern coastal cliff of the 10 patches known in the only 235 Puerto Rican harlequin between the Municipalities of Isabela, Municipality of Quebradillas fall within butterfly imagoes (mature adult stage) in Quebradillas, and Camuy (Biaggi- El Merendero, a public land managed 12 months of surveys (2 sample days per Caballero 2009, p. 4). Here, the species’ for recreation (Monzo´n-Carmona 2007, month) on 0.82 acre in Quebradillas. habitat is limited to the east by the p. 84). The other 7 patches, including However, more recently, Biaggi- Bellacas Creek, to the west by the the patch in the Municipality of Isabela Caballero (2009, p. 4) estimated the Guajataca River, to the north by the and the patch in the Municipality of population to be 45 or fewer adults on Atlantic Ocean, and to the south by Camuy are located in private lands. any given day in the Municipality of Puerto Rico (PR) Highway 2 (a state road In the Central-western Volcanic- Quebradillas. Larva counts were that runs parallel to the north coast from Serpentine Region, the Puerto Rican reported to be between 10 and 100 per Aguadilla to San Juan) and deforested harlequin butterfly occurs in the census day (2 man-hours of search areas utilized for agricultural practices Maricao Commonwealth Forest, a public efforts), and the presence of more than such as cattle grazing. Within the forest managed for conservation by the one generation confirms the species’ Northern karst Region, the Puerto Rican Puerto Rico Department of Natural and multivoltine (producing several broods harlequin butterfly occurs in: Environmental Resources. The Maricao in a season) nature. From July to • Commonwealth Forest is located December, the larva population is lower 10 scattered patches in the between the Municipalities of Maricao than during the rest of the year. Terranova and San Jose´ wards in the and Sabana Grande in the central-west Since 2002, only 3 imagoes (Biaggi- Municipality of Quebradillas that section of the island to the west of Caballero 2010, p. 5) and 12 larvae (H. occupy an area of 1.05 ha (2.6 acres Mayaguez, approximately 108.88 Torres 2010, pers. comm.) of the Puerto (10,525 square meters)) (Monzo´n- kilometers (km) (67.66 miles (mi)) from Rican harlequin butterfly have been Carmona 2007, p. 42); San Juan (Pe´rez-Asso et al. 2009, p. 94). reported in the Maricao Commonwealth • One patch in the forested cliff of The discrete population of Puerto Rican Forest between the 16.0-km (9.94-mi) Coto ward in the Municipality of Isabela harlequin butterflies occurs near PR and 16.8-km (10.44-mi) points of PR (Monzo´n-Carmona 2007, p. 41) that Highway 120, a state road that provides Highway 120.

TABLE 1—CURRENT DISTRIBUTION OF THE PUERTO RICAN HARLEQUIN BUTTERFLY IN PUERTO RICO (USFWS, 2011)

Regions of Puerto Rico Municipalities Estimated populations Hectare (ha) (acres) Species presence

Northern Karst Region ...... Isabela, Quebradillas and 45 or less imagoes/10 to 1.3 ha (3.2 acres) Current population (Biaggi- Camuy. 100 larva (Carrio´n- (Monzo´n-Carmona 2007, Caballero 2010, p. 4). Cabreara 2003, p. 34). p. 44). Central-western Volcanic- Maricao ...... No more than 5 imagoes/ Not determinate (unknown) Current population (Pe´rez- Serpentine Region. no more than 10 larva Asso et al. 2009, p. 94). (Carrio´n-Cabrera 2003, p. 48). Sabana Grande ...... Unknown ...... Unknown ...... Not observed since 1980’s (Biaggi-Caballero 2010, p. 4). Southern Karst Region ...... Pen˜uelas ...... Unknown ...... Unknown ...... Not observed since 1926 (Biaggi-Caballero 2010, p. 4).

The Puerto Rican harlequin butterfly determined to be endangered or provided in section 4(a)(1) of the Act is population has been estimated at threatened based on any of the discussed below. around 50 imagoes in the Northern karst following five factors: In considering what factors might Region (Biaggi-Caballero 2009, p. 4) and (A) The present or threatened constitute threats to a species, we must fewer than 20 imagoes in the Volcanic- destruction, modification, or look beyond the exposure of the species serpentine center mountain of the island curtailment of its habitat or range; to a particular factor to evaluate whether (Carrio´n-Cabrera 2003, p. 48). (B) Overutilization for commercial, the species may respond to that factor Summary of Information Pertaining to recreational, scientific, or education in a way that causes actual impacts the the Five Factors purposes; species. If there is exposure to a factor Section 4 of the Act (16 U.S.C. 1533) (C) Disease or predation; and the species responds negatively, the and its implementing regulations (50 (D) The inadequacy of existing factor may be a threat and, during the CFR 424) set forth procedures for adding regulatory mechanisms; or status review, we attempt to determine species to, removing species from, or (E) Other natural or manmade factors how significant a threat it is. The threat reclassifying species on the Federal affecting its continued existence. is significant if it drives, or contributes Lists of Endangered and Threatened In making this finding, information to, the risk of extinction of the species Wildlife and Plants. Under section pertaining to the Puerto Rican harlequin such that the species warrants listing as 4(a)(1) of the Act, a species may be butterfly in relation to the five factors endangered or threatened as those terms

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are defined in the Act. However, the suitable habitat is within an area likely future trends in habitat loss and identification of the factors that could classified by both municipalities and fragmentation from development, we impact a species negatively may not be the Puerto Rico Planning Board (PRPB) find that the Puerto Rican harlequin sufficient to compel a finding that the as a ‘‘Zone of Tourist Interest’’ (PRPB butterfly is threatened by the present or species warrants listing. The 2009, online data at http:// threatened destruction, modification, or information must include evidence www.jp.gobierno.pr). Zone of Tourist curtailment of its habitat or range. sufficient to suggest that these factors Interest is an area that by its natural Factor B: Overutilization for are operative threats that act on the features and historic value has the Commercial, Recreational, Scientific, or species to the point that the species may potential to be developed to promote Educational Purposes meet the definition of endangered or tourisms. Further, the coastline of threatened under the Act. Isabella and Quebradillas is under An unknown number of Puerto Rican pressure of urban and tourist harlequin butterflies have been Factor A: The Present or Threatened development, with only small remnants collected for scientific purposes and Destruction, Modification, or of coastal vegetation conserved in the deposited in universities and private Curtailment of the Species’ Habitat or steeper areas of the northern cliff. In this collections (J. Biaggi-Caballero 2011, Range area, landowners clear vegetative cover pers. comm.). However, at the present Habitat modification and habitat to the edge of the cliff so that potential time, only a few researchers are working fragmentation have been identified by buyers have a better view of the with the Puerto Rican harlequin species experts as the main threat to the property and its landscape (Biaggi- butterfly, and collection of the species is Puerto Rican harlequin butterfly Caballero 2010, p. 9). According to the regulated by Puerto Rico Department of (Carrio´n-Cabrera 2003, p. 44; Monzo´n- PRPB, 11 development projects are Natural and Environmental Resources Carmona 2007, p. 54; Biaggi-Caballero under evaluation around the species’ (DNER). 2009, p. 1; Pe´rez-Asso et al. 2009, p. 11; habitat, possibly affecting 74.8 cuerdas We are not aware of any information DNER 2010, p. 11). The consequences of (29.4 ha (72.6 ac)) in Quebradillas that indicates the butterflies are being the loss and fragmentation of natural (PRPB 2010, online data). Urban sought by collectors or collected for habitat for the species is detrimental development in or around the Puerto other purposes. Therefore, we do not because the species: (a) Is sedentary, (b) Rican harlequin butterfly’s habitat find that overutilization for commercial, has limited distribution, (c) has highly would directly and indirectly fragment recreational, scientific, or educational specialized ecological requirements and impact its habitat and would limit purposes threatens the Puerto Rican (discussed in more detail under Factor its population expansion in the area. harlequin butterfly. E), and (d) is considered a specialist Additionally, the establishment of Factor C: Disease or Predation species because of the larvae’s residential and tourist developments is monophagous habit of feeding only on expected to increase traffic and Biaggi-Caballero (2010, p. 8) suggests Oplonia spinosa (Carrio´n-Cabrera 2003, therefore is likely to require road the abundance of spiders (Misumenus p. 40). improvements in proximity to the bubulcus, Peucetia viridians, Argiope The Puerto Rican harlequin butterfly Puerto Rican harlequin butterfly’s argentata and Nephila clavipes) as a faces significant threats from the habitat. The biological effects to the possible source of predation to the existing and imminent destruction, species of the existing roads have not Puerto Rican harlequin butterfly. He modification, and curtailment of its been studied and are not understood in also mentions lizards (Anolis habitat and geographic range in the Quebradillas and Maricao. However, cristatellus and Anolis striatus) and Municipalities of Isabella, Quebradillas, increasing vehicle traffic on the roads birds (Tyrannus dominguensis, and Camuy. Most of the suitable habitat within the essential habitat of a species Dendroinca adelaida adelaida, and for the species, especially in the with difficulties to move or disperse can Quiscalus brachypterus) as possible Municipality of Quebradillas, is result in mortality due to collisions and, predators. Although no predator has currently fragmented by urban in some instances, can be catastrophic been documented attacking and eating development. Dr. Stuart Ramos reported to the population and should not be imagoes, larvae, or eggs, the sudden that, in 1997, one of the healthiest underestimated (Glista 2007, p. 85). The disappearance of larvae under populations of the species showed a combination of habitat fragmentation observation suggests depredation drastic decrease after the use of heavy and high road density may negatively (Biaggi-Caballero 2010, p. 8). Although equipment to clear vegetation in the impact the species and its habitat. the Puerto Rican harlequin butterfly Puente Blanco area (Carrio´n-Cabrera Summary of Factor A may face predation by spiders, lizards, 2003, p. 13). Biaggi-Caballero (2010, p. and birds, we are not aware of any data 3) expects that between 2010 and 2011 Based on the above, we believe that that indicate that predation is a more than 30 percent of existing habitat the Puerto Rican harlequin butterfly is significant threat to the species. in the Municipality of Quebradillas currently threatened by residential and We are not aware of any information would be lost as a result of urban tourist development and habitat regarding any impacts from either development. In areas where fragmentation. Development and habitat disease or predation on the Puerto Rican undeveloped land remains, the species’ fragmentation within suitable habitat harlequin butterfly. Therefore, we do larval food plant is likely to be affected would substantially affect the not find that disease or predation by existing agricultural practices that distribution and abundance of the threatens the Puerto Rican harlequin result in deforestation to increase grass species, as well as its habitat, butterfly. lands, such as cattle grazing. throughout its range. The scope and Currently, the Puerto Rican harlequin timing of this factor are considered by Factor D: The Inadequacy of Existing butterfly is threatened by large-scale the Service to be high and imminent Regulatory Mechanisms residential and tourist projects, which because the known populations occur in The Puerto Rico Department of are planned within and around its areas that are subject to development, Natural and Environmental Resources habitat in northern Puerto Rico. For increased traffic, and increased road (DNER) designated the Puerto Rican instance, in the municipalities of maintenance and construction. harlequin butterfly as Critically Isabella and Quebradillas, occupied Therefore, based on the existing and Endangered under Commonwealth Law

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241 and Regulation 6766 on February Limited Distribution observed in 12 months. Eggs and larvae 11, 2004 (DNER 2007, p. 42; DNER The Puerto Rican harlequin butterfly have been found only on Oplonia 2010, p. 1). Article 2 of Regulation 6766 is vulnerable to extinction due to low spinosa (Biaggi-Caballero 2010, p. 2). Its includes all prohibitions and states that population numbers and restricted broods generally contain 50 to 150 eggs, the designation as ‘critically distribution (only two isolated with an average of 102 eggs per brood ´ endangered’ prohibits any person to colonies), coupled with habitat (Carrion-Cabrera 2003, p. 38). The take the species; including harm, alteration or loss, and the monophagus author also found that the number of possess, transport, destroy, import or habit of its larvae (Carrio´n-Cabrera 2003, larvae decreased as the number of adult export individuals, nests, eggs, or p. 40). The Quebradillas population individuals increased. This information juveniles without previous occupy about 0.9 percent of the total suggests that the population dynamic of the species may be synchronized with authorization from the Secretary of area of the forested habitat located on an undetermined environmental factor DNER (DNER 2007, p. 28). At the the northern cliff between the (Carrio´n-Cabrera 2003, p. 46). present time, the DNER has not Municipality of Isabela, Quebradillas designated critical habitat for the and Camuy. For instance, in Human-Induced Fire species under Regulation 6766. Quebradillas, where the most significant Human-induced fire is a current Therefore, protection of the species’ population occurs, the species occupies threat for the species at Quebradillas habitat does not exist at this time. 2 2 only 10,525 square meters (m ) (2.6 ac and at Maricao (Biaggi-Caballero 2009 p. 2 Although the Commonwealth Law (1.05 ha )) distributed in 10 scattered 5; Biaggi-Caballero 2010, p. 10). Fire 2 241 and Regulation 6766 provide patches that fluctuate from 77 m (0.019 may kill adult, young and larva of 2 2 2 2 adequate protection for the species, ac (0.007 ha )) to 3,287 m (0.812 ac Puerto Rican harlequin butterfly, and however the lack of effectiveness of (0.387 ha2)) (Monzo´n-Carmona 2007, temporarily/permanent eliminates its enforcement makes them inadequate for p. 44). Its small range may reflect a habitat. The Maricao Commonwealth the protection of the habitat of the remnant population of a once widely- Forest had been subjected to human- Puerto Rican harlequin butterfly, and distributed butterfly whose habitat has induced fire, affecting habitat particularly its host plant (Biaggi- been altered or lost due to previous land potentially used by the species. At the Caballero 2010, p. 9). Biaggi-Caballero uses. Dr. Hernan Torres, entomologist at Maricao Commonwealth Forest, the (2010, p. 9) states that constant violation the University of Puerto Rico, suggests species occurs in the driest section of of the law occurs when the species’ that its limited distribution may be an the forest near PR Road 120. On habitat is modified, destroyed, or effect of deforestation for agricultural February 25, 2005, arson burned more fragmented by urban development and practices and of pesticides uses for pest than 400 acres with unknown effects to vegetation-clearing activities. The host and mosquito control (H. Torres 2010, the Puerto Rican harlequin butterfly plant is considered a common species pers. comm.). population (Biaggi-Caballero 2010, associated with edges of forested lands Although the host plant Oplonia p. 10). This fire likely had at least and is not protected by Commonwealth spinosa has been found widely temporary effects on the butterfly’s Law 241 or Regulation 6766. Under distributed throughout Puerto Rico, the habitat, but we have no information Factor A and Factor E, we discuss in Puerto Rican harlequin butterfly was regarding these effects and whether or more detail certain cases of lack of only detected in two localities (Carrio´n- not they were permanent. In enforcement that have led to threats to Cabreara 2003, p. 39). Additionally, Quebradillas, the species’ habitat in the the species and its habitat. For these Monzo´n-Carmona (2007, p. 43) suggests Puente Blanco area (which is where the reasons, we conclude that existing that although the species can disperse most significant population occurs) is regulatory mechanisms may be several hundred meters (approximately threatened by fires associated with inadequate to protect the habitat of the 800 meters (2,625 feet)) and has the clandestine garbage dumps on Road Puerto Rican harlequin butterfly. capacity to colonize adjacent patches of 4485 (DENR 2010, unpublished data, Oplonia spinosa, it also shows the p. 23). Summary of Factor D smallest geographic range of any butterfly in Puerto Rico. This Use of Herbicides and Pesticides Commonwealth Law 241 and information suggests that the current The use of herbicides is a current Regulation 6766 provide protection for limited distribution of the Puerto Rican threat to the species and its host plant, the Puerto Rican harlequin butterfly but harlequin butterfly is based on an Oplonia spinosa, which is found at the not to its habitat. Based on the above undetermined ecological requirement of edges of roads and open areas. The use information, we conclude that the the species found in these particular of herbicides is a current practice Puerto Rican harlequin butterfly is sites at Isabela, Quebradillas, Camuy implemented by neighborhoods to threatened by the inadequacy of existing and Maricao. eliminate vegetation along the access regulatory mechanisms. road to Puente Blanco (Road 4485) and Low Reproductive Capacity and Highly private properties, and it affects an Factor E: Other Natural or Manmade Specialized Ecological Requirements Factors Affecting the Continued undetermined number of Oplonia Existence of the Species The Puerto Rican harlequin butterfly’s spinosa plants in Quebradillas (C. low reproductive capacity and its highly Pacheco, USFWS, personal observation Based on a review of the best specific ecological requirements for 2009). available information, we have reproduction are a threat to the species Further, fumigation programs are determined that the Puerto Rican because it has been reduced from a being implemented by the harlequin butterfly may also be larger historical range and population Commonwealth of Puerto Rico and local threatened by: Its limited distribution, size, and these characteristics make the health officials at Terranova and San low reproductive capacity, and species less resilient and resistant to Jose´ wards to control dengue fever (a ecological requirements; human- stressors that may impact existing virus-based disease spread by induced fire; use of herbicides and popluations. Carrio´n-Cabrera (2003, p. mosquitoes) (Biaggi-Caballero 2010, pesticides; vegetation management; and 60) conducted a species survey where p. 9). The area where this population climate change. only 235 adult individuals were occurs in Quebradillas is surrounded by

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residential development. No pesticide known range and did not identify any current, and future urban, agricultural, use guidelines have been developed data related to the effects of climate and commercial development. Available where the species occurs (Biaggi- change on the species. We also searched information indicates that a substantial Caballero 2010, p. 9). for similar data related to the prickly portion of the Puerto Rican harlequin bush and did not find any data. butterfly’s habitat will be affected in the Vegetation Management Additionally, there is no information near future. One of the surviving Vegetation management at El regarding naturally occurring fires, wind populations is located on private lands Merendero in Quebradillas (public land patterns, and extreme weather and the other population is located in managed as a recreational area and (including droughts, heavy the Maricao Commonwealth Forest. Any where the species currently occurs) may precipitation, heat waves, and the habitat modification that results in loss adversely affect the Puerto Rican intensity of tropical cyclones) as a result or fragmentation may cause irreversible harlequin butterfly and its host plant. of weather. Potential effects of climate damage to the species’ natural habitat Oplonia spinosa grows on both sides of change on the species and its habitat are and will cause further declines in the the existing hiking trails and around the currently unknown. Therefore, at this number of individuals. Threats by picnic areas. Maintenance personnel time, we do not consider climate change modification of the natural habitat are frequently trim the new growth of to be a threat to the species and its evidenced by the decrease in Oplonia spinosa to remove vegetation habitat. individuals in recent years and by from the trails and picnic areas. The development pressure on Quebradillas Summary of Factor E Puerto Rican harlequin butterfly uses (see Factor A). the tenderest vegetative branches of new The primary natural or manmade The inadequacy of existing regulatory growth of the host plant for bearing its threats to the Puerto Rican harlequin mechanisms (Factor D) is a threat eggs and feeding during the larval stages butterfly appear to be the species’ because populations located on public (Biaggi-Caballero 2010, p. 2). Trimming limited distribution and its highly and private lands lack effective the host plant and clearing the specialized ecological requirements. enforcement of existing regulatory vegetation in these areas may result in The scope of these threats is considered mechanisms to protect the Puerto Rican mortality of the Puerto Rican harlequin high and imminent. These threats may harlequin butterfly. butterfly’s eggs and larvae. Currently, no promote susceptibility to declines and We also consider the Puerto Rican guidelines about vegetation affect the species’ populations directly harlequin butterfly’s limited management and clearing have been during all life stages. [ In combination distribution and specialized ecological developed to avoid or minimize effects or by themselves, the primary natural or requirements (Factor E) to be significant to the species and its host plant. manmade threats explained above may threats to the species and its habitat. exacerbate the intensity, duration, and The use of herbicides and hand-clearing Climate Change exposure level of any other threats of vegetation may change the conditions The Intergovernmental Panel on acting upon the species, including the necessary for the species to complete its Climate Change (IPCC) concluded that use of herbicides and pesticides, cycle or life, and may affect Oplonia evidence of warming of the climate vegetation management, and human- spinosa’s seed germination or seedling system is unequivocal (IPCC 2007a, p. induced fires. Based on this recruitment at Quebradillas. However, 30). Numerous long-term climate information, we conclude that other at this time, we have no evidence of any changes have been observed, including natural or manmade factors affecting the regulation of pesticide or herbicide use, changes in arctic temperatures and ice, continued existence of the species or of manual cutting of vegetation in and widespread changes in constitute a threat to the Puerto Rican and around the species’ habitat. precipitation amounts, ocean salinity, harlequin butterfly now, and that this Additionally, the effects of fire on the wind patterns, and aspects of extreme threat is expected to continue and population is unclear at Maricao (see weather, including droughts, heavy potentially increase in the foreseeable Factor E). In addition, the low numbers precipitation, heat waves, and the future. of individuals per population, the intensity of tropical cyclones (IPCC specialist requirements of the species, 2007b, p. 7). While continued change is Finding and fragmented distribution may certain, the magnitude and rate of As required by the Act, we conducted threaten the existence of the species (see change is unknown in many cases. a review of the status of the species and Factor E). Species that are dependent on considered the five factors in assessing The Service does not have specialized habitat types, that are whether the Puerto Rican harlequin information that suggests overutilization limited in distribution or that have butterfly is endangered or threatened (Factor B) or disease and predation become restricted to the extreme throughout all or a significant portion of (Factor C) may threaten the continued periphery of their range will be most its range. We examined the best existence of the species. In general, the susceptible to the impacts of climate scientific and commercial information majority of the factors mentioned in the change. As previously mentioned, the available regarding the past, present, five-factor analysis may adversely affect Puerto Rican harlequin butterfly is only and future threats faced by the species. the known populations of the Puerto known from the North karst Region and We reviewed the petition, information Rican harlequin butterfly. Depending on the central-western Volcanic-serpentine available in our files, other available the intensity and the immediacy of such Region of Puerto Rico, and requires a published and unpublished threats, these factors, either by very specialized habitat type. Therefore, information, and we consulted with themselves or in combination, are we found the data to be restrictive and Puerto Rican harlequin butterfly experts operative threats that act on the species did not find any site-specific climate and other Federal and State agencies. and its habitat. change information for the Puerto Rican This status review identified threats On the basis of the best scientific and harlequin butterfly or its habitat. We to the species attributable to Factors A, commercial information available, we searched for studies and literature D, and E. One of the primary threats to find that the listing of the Puerto Rican related to the effects of climate change the species comes from the destruction, harlequin butterfly as endangered or throughout the Puerto Rican harlequin modification, or curtailment of its threatened is warranted. Moreover, butterfly’s historical and currently habitat (Factor A) in the form of past, because of the small and restricted

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populations of this species and because species’ continued existence. This is the carefully reviewed the available of the threats described above, the highest priority that can be provided to taxonomic information to reach the Puerto Rican harlequin butterfly should this species under our guidance. Our conclusion that Puerto Rican harlequin be listed as endangered or threatened rationale for assigning the Puerto Rican butterfly is a valid taxon at the species throughout its entire range. We will harlequin butterfly an LPN of 2 is level. The Puerto Rican harlequin make a determination on the status of outlined below. butterfly faces high magnitude, the species as endangered or threatened Under the Service’s LPN guidance, imminent threats. Thus, in accordance during the proposed listing process. As the magnitude of threats is the first with our LPN guidance, we have explained in more detail below, an criterion we look at when establishing a assigned the Puerto Rican harlequin immediate proposal of a regulation listing priority. The guidance indicates butterfly an LPN of 2. implementing this action is precluded that species with the highest magnitude We will continue to monitor the by higher priority listing actions, and of threats are those species facing the threats to the Puerto Rican harlequin progress is being made to add or remove greatest threats to their existence. These butterfly, and the species’ status, on an qualified species from the Lists of species receive the highest listing annual basis, and should the magnitude Endangered and Threatened Wildlife priority. We consider the threats to the or the imminence of the threats change, and Plants. Puerto Rican harlequin butterfly to be we will revise the LPN accordingly. We reviewed the available high in magnitude because many of the Work on a proposed listing information to determine if the existing threats that we analyzed are present determination for the Puerto Rican and foreseeable threats render the throughout the range and are likely to harlequin butterfly is precluded by work species at risk of extinction now such result in an adverse impacts to the on higher priority listing actions with that issuing an emergency regulation status of the species because of its small absolute statutory, court-ordered, or temporarily listing the species in population size and limited court-approved deadlines and final accordance with section 4(b)(7) of the distribution. listing determinations for those species Act is warranted. We determined that Under our LPN guidance, the second that were proposed for listing with issuing an emergency regulation criterion we consider in assigning a funds from Fiscal Year 2011. This work temporarily listing the species is not listing priority is the immediacy of includes all the actions listed in the warranted for this species at this time, threats. This criterion is intended to tables below under Preclusion and even though the threats are of a high ensure that species facing actual, Expeditious Progress. identifiable threats are given priority magnitude and imminent. We base that Preclusion and Expeditious Progress decision on the existence of two over those for which threats are will populations known to occur in Puerto likely occur in the future, or species that Preclusion is a function of the listing Rico. We do not have any information are intrinsically vulnerable but are not priority of a species in relation to the that these populations are at risk of known to be presently facing threats. resources that are available and the cost extinction now. However, if at any time Not all threats to the Puerto Rican and relative priority of competing we determine that issuing an emergency harlequin butterfly are imminent, but demands for those resources. Thus, in regulation temporarily listing the we do have evidence of some currently any given fiscal year (FY), multiple species is warranted, we will initiate ongoing threats. Studies show that the factors dictate whether it will be such action at that time. Puerto Rican harlequin butterfly is possible to undertake work on a listing limited by its lack of recruitment and proposal or whether promulgation of Listing Priority Number low reproductive capacity, both of such a proposal is precluded by higher The Service adopted guidelines on which are likely due to habitat priority listing actions. September 21, 1983 (48 FR 43098), to fragmentation. The resources available for listing establish a rational system for utilizing Threats under Factor A are high in actions are determined through the available resources for the highest magnitude and imminent because the annual Congressional appropriations priority species when adding species to known populations occur in areas process. The appropriation for the the Lists of Endangered or Threatened subject to development, increased Listing Program is available to support Wildlife and Plants or reclassifying traffic, and increased road maintenance work involving the following listing species listed as threatened to and construction. The potential for actions: Proposed and final listing rules; endangered status. These guidelines, inadequacy of regulatory mechanisms 90-day and 12-month findings on titled ‘‘Endangered and Threatened (Factor D) due to enforcement is petitions to add species to the Lists of Species Listing and Recovery Priority considered moderate in magnitude and Endangered and Threatened Wildlife Guidelines,’’ address the immediacy imminent. The majority of the threats and Plants (Lists) or to change the status and magnitude of threats, and the level under Factor E are high in magnitude of a species from threatened to of taxonomic distinctiveness by and imminent because they are endangered; annual ‘‘resubmitted’’ assigning priority in descending order to currently occurring throughout the petition findings on prior warranted- monotypic genera (genus with one range of the species and result in the but-precluded petition findings as species), full species, and subspecies (or lack of successful recruitment. Threats required under section 4(b)(3)(C)(i) of equivalently, distinct population under Factor E have occurred in the past the Act; critical habitat petition segments of vertebrates). We assigned and are clearly a threat today and in the findings; proposed and final rules the Puerto Rican harlequin butterfly a near future. These impacts directly designating critical habitat; and Listing Priority Number (LPN) of 2 affect the species’ ability to reproduce litigation-related, administrative, and based on our finding that the species and expand to larger areas, and may program-management functions faces threats that are of high magnitude promote susceptibility to population (including preparing and allocating and are imminent. These threats include declines. budgets, responding to Congressional the present or threatened destruction, The third criterion in our LPN and public inquiries, and conducting modification, or curtailment of its guidelines is intended to devote public outreach regarding listing and habitat; the inadequacy of existing resources to those species representing critical habitat). The work involved in regulatory mechanisms; and other highly distinctive or isolated gene pools preparing various listing documents can natural or manmade factors affecting the as reflected by taxonomy. We have be extensive and may include, but is not

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limited to: Gathering and assessing the more efficient in our work. At this time, that, the Service anticipates needing to best scientific and commercial data for FY 2011, we do plan to use some of dedicate $11,632,000 for determinations available and conducting analyses used the critical habitat subcap funds to fund of critical habitat for already listed as the basis for our decisions; writing proposed listing determinations. species. Also $500,000 is appropriated and publishing documents; and We make our determinations of for foreign species listings under the obtaining, reviewing, and evaluating preclusion on a nationwide basis to Act. The Service thus has $9,971,000 public comments and peer review ensure that the species most in need of available to fund work in the following comments on proposed rules and listing will be addressed first and also categories: compliance with court orders incorporating relevant information into because we allocate our listing budget and court-approved settlement final rules. The number of listing on a nationwide basis. Through the agreements requiring that petition actions that we can undertake in a given listing cap, the critical habitat subcap, findings or listing determinations be year also is influenced by the and the amount of funds needed to completed by a specific date; section 4 complexity of those listing actions; that address court-mandated critical habitat (of the Act) listing actions with absolute is, more complex actions generally are designations, Congress and the courts statutory deadlines; essential litigation- more costly. The median cost for have in effect determined the amount of related, administrative, and listing preparing and publishing a 90-day money available for other listing program-management functions; and finding is $39,276; for a 12-month activities nationwide. Therefore, the high-priority listing actions for some of finding, $100,690; for a proposed rule funds in the listing cap, other than those our candidate species. In FY 2010, the with critical habitat, $345,000; and for needed to address court-mandated Service received many new petitions a final listing rule with critical habitat, critical habitat for already listed species, and a single petition to list 404 species. $305,000. set the limits on our determinations of The receipt of petitions for a large We cannot spend more than is preclusion and expeditious progress. number of species is consuming the appropriated for the Listing Program Congress identified the availability of Service’s listing funding that is not without violating the Anti-Deficiency resources as the only basis for deferring dedicated to meeting court-ordered Act (see 31 U.S.C. 1341(a)(1)(A)). In the initiation of a rulemaking that is commitments. Absent some ability to addition, in FY 1998 and for each fiscal warranted. The Conference Report balance effort among listing duties year since then, Congress has placed a accompanying Public Law 97–304 under existing funding levels, it is statutory cap on funds that may be (Endangered Species Act Amendments unlikely that the Service will be able to expended for the Listing Program, equal of 1982), which established the current initiate any new listing determination to the amount expressly appropriated statutory deadlines and the warranted- for candidate species in FY 2011. for that purpose in that fiscal year. This but-precluded finding, states that the In 2009, the responsibility for listing cap was designed to prevent funds amendments were ‘‘not intended to foreign species under the Act was appropriated for other functions under allow the Secretary to delay transferred from the Division of the Act (for example, recovery funds for commencing the rulemaking process for Scientific Authority, International removing species from the Lists), or for any reason other than that the existence Affairs Program, to the Endangered other Service programs, from being used of pending or imminent proposals to list Species Program. Therefore, starting in for Listing Program actions (see House species subject to a greater degree of FY 2010, we used a portion of our Report 105–163, 105th Congress, 1st threat would make allocation of funding to work on the actions Session, July 1, 1997). resources to such a petition [that is, for Since FY 2002, the Service’s budget a lower-ranking species] unwise.’’ described above for listing actions has included a critical habitat subcap to Although that statement appeared to related to foreign species. In FY 2011, ensure that some funds are available for refer specifically to the ‘‘to the we anticipate using $1,500,000 for work other work in the Listing Program (‘‘The maximum extent practicable’’ limitation on listing actions for foreign species, critical habitat designation subcap will on the 90-day deadline for making a which reduces funding available for ensure that some funding is available to ‘‘substantial information’’ finding (see domestic listing actions; however, address other listing activities’’ (House 16 U.S.C. 1533(b)(3)(A)), that finding is currently only $500,000 has been Report No. 107—103, 107th Congress, made at the point when the Service is allocated for this function. Although 1st Session, June 19, 2001)). In FY 2002 deciding whether or not to commence a there are no foreign species issues and each year until FY 2006, the Service status review that will determine the included in our high-priority listing has had to use virtually the entire degree of threats facing the species, and actions at this time, many actions have critical habitat subcap to address court- therefore the analysis underlying the statutory or court-approved settlement mandated designations of critical statement is more relevant to the use of deadlines, thus increasing their priority. habitat, and consequently none of the the warranted-but-precluded finding, The budget allocations for each specific critical habitat subcap funds have been which is made when the Service has listing action are identified in the available for other listing activities. In already determined the degree of threats Service’s FY 2011 Allocation Table (part some FYs since 2006, we have been able facing the species and is deciding of our administrative record). to use some of the critical habitat whether or not to commence a For the above reasons, funding a subcap funds to fund proposed listing rulemaking. proposed listing determination for the determinations for high-priority In FY 2011, on April 9, 2011, Puerto Rican harlequin butterfly is candidate species. In other FYs, while Congress passed a continuing resolution precluded by court-ordered and court- we were unable to use any of the critical which provides funding at the FY 2010 approved settlement agreements, listing habitat subcap funds to fund proposed enacted level through April 15, 2011. actions with absolute statutory listing determinations, we did use some Until Congress appropriates funds for deadlines, work on final listing of this money to fund the critical habitat FY 2011 at a different level, we will determinations for those species that portion of some proposed listing fund listing work based on the FY 2010 were proposed for listing with funds determinations so that the proposed amount. Thus, at this time in FY 2011, from FY 2011, and work on proposed listing determination and proposed the Service anticipates an appropriation listing determinations for those critical habitat designation could be of $22,103,000 for the listing program candidate species with a higher listing combined into one rule, thereby being based on FY 2010 appropriations. Of priority.

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Based on our September 21, 1983, threats); and currently with fewer than In addition, we take into consideration guidelines for assigning an LPN for each 50 individuals, or fewer than 4 the availability of staff resources when candidate species (48 FR 43098), we populations, originally comprised a we determine which high-priority have a significant number of species group of approximately 40 candidate species will receive funding to with a LPN of 2. Using these guidelines, species (‘‘Top 40’’). These 40 candidate minimize the amount of time and we assign each candidate an LPN of 1 species have had the highest priority to resources required to complete each to 12, depending on the magnitude of receive funding to work on a proposed listing action. threats (high or moderate to low), listing determination. As we work on As explained above, a determination immediacy of threats (imminent or proposed and final listing rules for those that listing is warranted but precluded nonimminent), and taxonomic status of 40 candidates, we apply the ranking must also demonstrate that expeditious the species (in order of priority: criteria to the next group of candidates monotypic genus (a species that is the with an LPN of 2 and 3 to determine the progress is being made to add and sole member of a genus); species; or part next set of highest priority candidate remove qualified species to and from of a species (subspecies, distinct species. Finally, proposed rules for the Lists of Endangered and Threatened population segment, or significant reclassification of threatened species to Wildlife and Plants. As with our portion of the range)). The lower the endangered are lower priority, because ‘‘precluded’’ finding, the evaluation of listing priority number, the higher the as listed species, they are already whether progress in adding qualified listing priority (that is, a species with an afforded the protections of the Act and species to the Lists has been expeditious LPN of 1 would have the highest listing implementing regulations. However, for is a function of the resources available priority). efficiency reasons, we may choose to for listing and the competing demands Because of the large number of high- work on a proposed rule to reclassify a for those funds. (Although we do not priority species, we have further ranked species to endangered if we can discuss it in detail here, we are also the candidate species with an LPN of 2 combine this with work that is subject making expeditious progress in by using the following extinction-risk to a court-determined deadline. removing species from the list under the type criteria: International Union for the With our workload so much bigger Recovery program in light of the Conservation of Nature and Natural than the amount of funds we have to resource available for delisting, which is Resources (IUCN) Red list status/rank; accomplish it, it is important that we be funded by a separate line item in the Heritage rank (provided by as efficient as possible in our listing budget of the Endangered Species NatureServe); Heritage threat rank process. Therefore, as we work on Program. So far during FY 2011, we (provided by NatureServe); and species proposed rules for the highest priority have completed one delisting rule.) currently with fewer than 50 species in the next several years, we are Given the limited resources available for individuals, or 4 or fewer populations. preparing multi-species proposals when listing, we find that we are making Those species with the highest IUCN appropriate, and these may include expeditious progress in FY 2011 in the rank (critically endangered); the highest species with lower priority if they Listing Program. This progress included Heritage rank (G1); the highest Heritage overlap geographically or have the same preparing and publishing the following threat rank (substantial, imminent threats as a species with an LPN of 2. determinations:

FY 2011 COMPLETED LISTING ACTIONS

Publication date Title Actions FR pages

10/6/2010 ...... Endangered Status for the Altamaha Proposed Listing Endangered ...... 75 FR 61664–61690 Spinymussel and Designation of Critical Habi- tat. 10/7/2010 ...... 12-Month Finding on a Petition to list the Sac- Notice of 12-month petition finding, Not war- 75 FR 62070–62095 ramento Splittail as Endangered or Threatened. ranted. 10/28/2010 ...... Endangered Status and Designation of Critical Proposed Listing Endangered (uplisting) ...... 75 FR 66481–66552 Habitat for Spikedace and Loach Minnow. 11/2/2010 ...... 90-Day Finding on a Petition to List the Bay Notice of 90-day Petition Finding, Not substantial 75 FR 67341–67343 Springs Salamander as Endangered. 11/2/2010 ...... Determination of Endangered Status for the Final Listing Endangered ...... 75 FR 67511–67550 Georgia Pigtoe Mussel, Interrupted Rocksnail, and Rough Hornsnail and Designation of Crit- ical Habitat. 11/2/2010 ...... Listing the Rayed Bean and Snuffbox as Endan- Proposed Listing Endangered ...... 75 FR 67551–67583 gered. 11/4/2010 ...... 12-Month Finding on a Petition to List Cirsium Notice of 12-month petition finding, Warranted 75 FR 67925–67944 wrightii (Wright’s Marsh Thistle) as Endan- but precluded. gered or Threatened. 12/14/2010 ...... Endangered Status for Dunes Sagebrush Lizard Proposed Listing Endangered ...... 75 FR77801–77817 12/14/2010 ...... 12-Month Finding on a Petition to List the North Notice of 12-month petition finding, Warranted 75 FR 78029–78061 American Wolverine as Endangered or Threat- but precluded. ened. 12/14/2010 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, Warranted 75 FR 78093–78146 Sonoran Population of the Desert Tortoise as but precluded. Endangered or Threatened. 12/15/2010 ...... 12-Month Finding on a Petition to List Astragalus Notice of 12-month petition finding, Warranted 75 FR 78513–78556 microcymbus and Astragalus schmolliae as but precluded. Endangered or Threatened. 12/28/2010 ...... Listing Seven Brazilian Bird Species as Endan- Final Listing Endangered ...... 75 FR 81793–81815 gered Throughout Their Range.

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FY 2011 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR pages

1/4/2011 ...... 90-Day Finding on a Petition to List the Red Knot Notice of 90-day Petition Finding, Not substantial 76 FR 304–311 subspecies Calidris canutus roselaari as En- dangered. 1/19/2011 ...... Endangered Status for the Sheepnose and Proposed Listing Endangered ...... 76 FR 3392–3420 Spectaclecase Mussels. 2/10/2011 ...... 12-Month Finding on a Petition to List the Pacific Notice of 12-month petition finding, Warranted 76 FR 7634–7679 Walrus as Endangered or Threatened. but precluded. 2/17/2011 ...... 90-day Finding on a Petition To List the Sand Notice of 90-day Petition Finding, Substantial ..... 76 FR 9309–9318 Verbena Moth as Endangered or Threatened. 2/22/2011 ...... Determination of Threatened Status for the New Final Listing Threatened ...... 76 FR 9681–9692 Zealand-Australia Distinct Population Segment of the Southern Rockhopper Penguin. 2/22/2011 ...... 12-Month Finding on a Petition to List Solanum Notice of 12-month petition finding, Warranted 76 FR 9722–9733 conocarpum (marron bacora) as Endangered. but precluded. 2/23/2011 ...... 12-Month Finding on a Petition to List Thorne’s Notice of 12-month petition finding, Not war- 76 FR 991–10003 Hairstreak Butterfly as Endangered. ranted. 2/23/2011 ...... 12-Month Finding on a Petition to List Astragalus Notice of 12-month petition finding, Warranted 76 FR 10166–10203 hamiltonii, Penstemon flowersii, Eriogonum but precluded & Not Warranted. soredium, Lepidium ostleri, and Trifolium friscanum as Endangered or Threatened. 2/24/2011 ...... 90-Day Finding on a Petition to List the Wild Notice of 90-day Petition Finding, Not substantial 76 FR 10299–10310 Plains Bison or Each of Four Distinct Popu- lation Segments as Threatened. 2/24/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-day Petition Finding, Not substantial 76 FR 10310–10319 Unsilvered Fritillary Butterfly as Threatened or Endangered. 3/8/2011 ...... 12-Month Finding on a Petition to List the Mt. Notice of 12-month petition finding, Warranted 76 FR 12667–12683 Charleston Blue Butterfly as Endangered or but precluded. Threatened. 3/8/2011 ...... 90-Day Finding on a Petition to List the Texas Notice of 90-day Petition Finding, Substantial ..... 76 FR 12683–12690 Kangaroo Rat as Endangered or Threatened. 3/10/2011 ...... Initiation of Status Review for Longfin Smelt ...... Notice of Status Review ...... 76 FR 13121–31322 3/15/2011 ...... Withdrawal of Proposed Rule to List the Flat- Proposed rule withdrawal ...... 76 FR 14210–14268 tailed Horned Lizard as Threatened. 3/22/2011 ...... 12-Month Finding on a Petition to List the Berry Notice of 12-month petition finding, Warranted 76 FR 15919–15932 Cave Salamander as Endangered. but precluded. 4/1/2011 ...... 90-Day Finding on a Petition to List the Spring Notice of 90-day Petition Finding, Substantial ..... 76 FR 18138–18143 Pygmy Sunfish as Endangered. 4/5/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, Not War- 76 FR 18684–18701 Bearmouth Mountainsnail, Byrne Resort ranted and Warranted but precluded. Mountainsnail, and Meltwater Lednian Stonefly as Endangered or Threatened. 4/5/2011 ...... 90-Day Finding on a Petition to List the Peary Notice of 90-day Petition Finding, Substantial ..... 76 FR 18701–18706 Caribou and Dolphin and Union population of the Barren-ground Caribou as Endangered or Threatened. 4/12/2011 ...... Proposed Endangered Status for the Three Proposed Listing Endangered ...... 76 FR 20464–20488 Forks Springsnail and San Bernardino Springsnail, and Proposed Designation of Crit- ical Habitat. 4/13/2011 ...... 90-Day Finding on a Petition to List Spring Notice of 90-day Petition Finding, Substantial ..... 76 FR 20613–20622 Mountains Acastus Checkerspot Butterfly as Endangered. 4/14/2011 ...... 90-Day Finding on a Petition to List the Prairie Notice of 90-day Petition Finding, Substantial ..... 76 FR 20911–20918 Chub as Threatened or Endangered. 4/14/2011 ...... 12-Month Finding on a Petition to List Hermes Notice of 12-month petition finding, Warranted 76 FR 20918–20939 Copper Butterfly as Endangered or Threatened. but precluded. 4/26/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-day Petition Finding, Substantial ..... 76 FR 23256–23265 Arapahoe Snowfly as Endangered or Threat- ened. 4/26/2011 ...... 90-Day Finding on a Petition to List the Smooth- Notice of 90-day Petition Finding, Not substantial 76 FR 23265–23271 Billed Ani as Threatened or Endangered. 5/12/2011 ...... Withdrawal of the Proposed Rule to List the Proposed Rule, Withdrawal ...... 76 FR 27756–27799 Mountain Plover as Threatened.

Our expeditious progress also These actions are listed below. Actions the table are being conducted to meet includes work on listing actions that we in the top section of the table are being statutory timelines, that is, timelines funded in FY 2010 and FY 2011 but conducted under a deadline set by a required under the Act. Actions in the have not yet been completed to date. court. Actions in the middle section of bottom section of the table are high-

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priority listing actions. These actions when appropriate, include species with same proposed rule results in include work primarily on species with a lower priority if they overlap considerable savings in time and an LPN of 2, and, as discussed above, geographically or have the same threats funding, when compared to preparing selection of these species is partially as the species with the high priority. separate proposed rules for each of them based on available staff resources, and Including these species together in the in the future.

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

Species Action

Actions Subject to Court Order/Settlement Agreement

4 parrot species (military macaw, yellow-billed parrot, red-crowned parrot, scarlet macaw) 5 ...... 12-month petition finding. 4 parrot species (blue-headed macaw, great green macaw, grey-cheeked parakeet, hyacinth 12-month petition finding. macaw) 5. 4 parrots species (crimson shining parrot, white cockatoo, Philippine cockatoo, yellow-crested 12-month petition finding. cockatoo) 5. Utah prairie dog (uplisting) ...... 90-day petition finding.

Actions With Statutory Deadlines

Casey’s june beetle ...... Final listing determination. 6 Birds from Eurasia ...... Final listing determination. 5 Bird species from Colombia and Ecuador ...... Final listing determination. Queen Charlotte goshawk ...... Final listing determination. 5 species southeast fish (Cumberland darter, rush darter, yellowcheek darter, chucky madtom, Final listing determination. and laurel dace) 4. Ozark hellbender 4 ...... Final listing determination. Altamaha spinymussel 3 ...... Final listing determination. 3 Colorado plants (Ipomopsis polyantha (Pagosa Skyrocket), Penstemon debilis (Parachute Final listing determination. Beardtongue), and Phacelia submutica (DeBeque Phacelia)) 4. Salmon crested cockatoo ...... Final listing determination. 6 Birds from Peru & Bolivia ...... Final listing determination. Loggerhead sea turtle (assist National Marine Fisheries Service) 5 ...... Final listing determination. 2 mussels (rayed bean (LPN = 2), snuffbox No LPN) 5 ...... Final listing determination. CA golden trout 4 ...... 12-month petition finding. Black-footed albatross ...... 12-month petition finding. Mojave fringe-toed lizard 1 ...... 12-month petition finding. Kokanee—Lake Sammamish population 1 ...... 12-month petition finding. Cactus ferruginous pygmy-owl 1 ...... 12-month petition finding. Northern leopard frog ...... 12-month petition finding. Tehachapi slender salamander ...... 12-month petition finding. Coqui Llanero ...... 12-month petition finding/Proposed listing. Dusky tree vole ...... 12-month petition finding. 5 WY plants (Abronia ammophila, Agrostis rossiae, Astragalus proimanthus, Boechere (Arabis) 12-month petition finding. pusilla, Penstemon gibbensii) from 206 species petition. Leatherside chub (from 206 species petition) ...... 12-month petition finding. Frigid ambersnail (from 206 species petition) 3 ...... 12-month petition finding. Platte River caddisfly (from 206 species petition) 5 ...... 12-month petition finding. Gopher tortoise—eastern population ...... 12-month petition finding. Grand Canyon scorpion (from 475 species petition) ...... 12-month petition finding. Anacroneuria wipukupa (a stonefly from 475 species petition) 4 ...... 12-month petition finding. 3 Texas moths (Ursia furtiva, Sphingicampa blanchardi, Agapema galbina) (from 475 species 12-month petition finding. petition). 2 Texas shiners (Cyprinella sp., Cyprinella lepida) (from 475 species petition) ...... 12-month petition finding. 3 South Arizona plants (Erigeron piscaticus, Astragalus hypoxylus, Amoreuxia gonzalezii) (from 12-month petition finding. 475 species petition). 5 Central Texas mussel species (3 from 475 species petition) ...... 12-month petition finding. 14 parrots (foreign species) ...... 12-month petition finding. Striped Newt 1 ...... 12-month petition finding. Fisher—Northern Rocky Mountain Range 1 ...... 12-month petition finding. Mohave Ground Squirrel 1 ...... 12-month petition finding. Puerto Rico Harlequin Butterfly 3 ...... 12-month petition finding. Western gull-billed tern ...... 12-month petition finding. Ozark chinquapin (Castanea pumila var. ozarkensis) 4 ...... 12-month petition finding. HI yellow-faced bees ...... 12-month petition finding. Giant Palouse earthworm ...... 12-month petition finding. Whitebark pine ...... 12-month petition finding. OK grass pink (Calopogon oklahomensis) 1 ...... 12-month petition finding. Ashy storm-petrel 5 ...... 12-month petition finding. Honduran emerald ...... 12-month petition finding. Southeastern pop snowy plover & wintering pop. of piping plover 1 ...... 90-day petition finding. Eagle Lake trout 1 ...... 90-day petition finding. 32 Pacific Northwest mollusks species (snails and slugs) 1 ...... 90-day petition finding. 42 snail species (Nevada & Utah) ...... 90-day petition finding. Spring Mountains checkerspot butterfly ...... 90-day petition finding.

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

Species Action

Bay skipper ...... 90-day petition finding. Eastern small-footed bat ...... 90-day petition finding. Northern long-eared bat ...... 90-day petition finding. 10 species of Great Basin butterfly ...... 90-day petition finding. 6 sand dune (scarab) beetles ...... 90-day petition finding. Golden-winged warbler 4 ...... 90-day petition finding. 404 Southeast species ...... 90-day petition finding. Franklin’s bumble bee 4 ...... 90-day petition finding. 2 Idaho snowflies (straight snowfly & Idaho snowfly) 4 ...... 90-day petition finding. American eel 4 ...... 90-day petition finding. Gila monster (Utah population) 4 ...... 90-day petition finding. Leona’s little blue 4 ...... 90-day petition finding. Aztec gilia 5 ...... 90-day petition finding. White-tailed ptarmigan 5 ...... 90-day petition finding. San Bernardino flying squirrel 5 ...... 90-day petition finding. Bicknell’s thrush 5 ...... 90-day petition finding. Chimpanzee ...... 90-day petition finding. Sonoran talussnail 5 ...... 90-day petition finding. 2 AZ Sky Island plants (Graptopetalum bartrami & Pectis imberbis) 5 ...... 90-day petition finding. I’iwi 5 ...... 90-day petition finding. Carolina hemlock ...... 90-day petition finding. Western glacier stonefly (Zapada glacier) ...... 90-day petition finding. Thermophilic ostracod (Potamocypris hunteri) ...... 90-day petition finding. Sierra Nevada red fox 5 ...... 90-day petition finding.

High-Priority Listing Actions

19 Oahu candidate species 2 (16 plants, 3 damselflies) (15 with LPN = 2, 3 with LPN = 3, 1 Proposed listing. with LPN = 9). 19 Maui-Nui candidate species 2 (16 plants, 3 tree snails) (14 with LPN = 2, 2 with LPN = 3, 3 Proposed listing. with LPN = 8). Chupadera springsnail 2 (Pyrgulopsis chupaderae) (LPN = 2) ...... Proposed listing. 8 Gulf Coast mussels (southern kidneyshell (LPN = 2), round ebonyshell (LPN = 2), Alabama Proposed listing. pearlshell (LPN = 2), southern sandshell (LPN = 5), fuzzy pigtoe (LPN = 5), Choctaw bean (LPN = 5), narrow pigtoe (LPN = 5), and tapered pigtoe (LPN = 11)) 4. Umtanum buckwheat (LPN = 2) and white bluffs bladderpod (LPN = 9) 4 ...... Proposed listing. Grotto sculpin (LPN = 2) 4 ...... Proposed listing. 2 Arkansas mussels (Neosho mucket (LPN = 2) & Rabbitsfoot (LPN = 9)) 4 ...... Proposed listing. Diamond darter (LPN = 2) 4 ...... Proposed listing. Gunnison sage-grouse (LPN = 2) 4 ...... Proposed listing. Coral Pink Sand Dunes Tiger Beetle (LPN = 2) 5 ...... Proposed listing. Miami blue (LPN = 3) 3 ...... Proposed listing. Lesser prairie chicken (LPN = 2) ...... Proposed listing. 4 Texas salamanders (Austin blind salamander (LPN = 2), Salado salamander (LPN = 2), Proposed listing. Georgetown salamander (LPN = 8), Jollyville Plateau (LPN = 8)) 3. 5 SW aquatics (Gonzales Spring Snail (LPN = 2), Diamond Y springsnail (LPN = 2), Phantom Proposed listing. springsnail (LPN = 2), Phantom Cave snail (LPN = 2), Diminutive amphipod (LPN = 2)) 3. 2 Texas plants (Texas golden gladecress (Leavenworthia texana) (LPN = 2), Neches River Proposed listing. rose-mallow (Hibiscus dasycalyx) (LPN = 2)) 3. 4 AZ plants (Acuna cactus (Echinomastus erectocentrus var. acunensis) (LPN = 3), Fickeisen Proposed listing. plains cactus (Pediocactus peeblesianus fickeiseniae) (LPN = 3), Lemmon fleabane (Erigeron lemmonii) (LPN = 8), Gierisch mallow (Sphaeralcea gierischii) (LPN =2)) 5. FL bonneted bat (LPN = 2) 3 ...... Proposed listing. 3 Southern FL plants (Florida semaphore cactus (Consolea corallicola) (LPN = 2), shellmound Proposed listing. applecactus (Harrisia (=Cereus) aboriginum (=gracilis)) (LPN = 2), Cape Sable thoroughwort (Chromolaena frustrata) (LPN = 2)) 5. 21 Big Island (HI) species 5 (includes 8 candidate species—6 plants & 2 animals; 4 with LPN = Proposed listing. 2, 1 with LPN = 3, 1 with LPN = 4, 2 with LPN = 8). 12 Puget Sound prairie species (9 subspecies of pocket gopher (Thomomys mazama ssp.) Proposed listing. (LPN = 3), streaked horned lark (LPN = 3), Taylor’s checkerspot (LPN = 3), Mardon skipper (LPN = 8)) 3. 2 TN River mussels (fluted kidneyshell (LPN = 2), slabside pearlymussel (LPN = 2) 5 ...... Proposed listing. Jemez Mountain salamander (LPN = 2) 5 ...... Proposed listing. 1 Funds for listing actions for these species were provided in previous FYs. 2 Although funds for these high-priority listing actions were provided in FY 2008 or 2009, due to the complexity of these actions and competing priorities, these actions are still being developed. 3 Partially funded with FY 2010 funds and FY 2011 funds. 4 Funded with FY 2010 funds. 5 Funded with FY 2011 funds.

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We have endeavored to make our review will determine if a change in from the Caribbean Ecological Services listing actions as efficient and timely as status is warranted, including the need Field Office (see ADDRESSES). possible, given the requirements of the to make prompt use of emergency listing Authors relevant law and regulations, and procedures. The primary authors of this notice are constraints relating to workload and We intend that any proposed the staff members of the Caribbean personnel. We are continually classification of the Puerto Rican Ecological Services Field Office (see considering ways to streamline harlequin butterfly will be as accurate as ADDRESSES). processes or achieve economies of scale, possible. Therefore, we will continue to such as by batching related actions accept additional information and Authority together. Given our limited budget for comments from all concerned implementing section 4 of the Act, these The authority for this section is governmental agencies, the scientific actions described above collectively section 4 of the Endangered Species Act community, industry, or any other constitute expeditious progress. of 1973, as amended (16 U.S.C. 1531 et interested party concerning this finding. seq.). The Puerto Rican harlequin butterfly will be added to the list of candidate References Cited Dated: May 15, 2011. species upon publication of this 12- Rowan W. Gould, A complete list of references cited is month finding. We will continue to Acting Director, Fish and Wildlife Service. available on the Internet at http:// monitor the status of this species as new [FR Doc. 2011–13224 Filed 5–27–11; 8:45 am] www.regulations.gov and upon request information becomes available. This BILLING CODE 4310–55–P

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