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TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued

Facility Address Waste description

5. Reopener Language—(A) If, anytime after disposal of the delisted waste, Owosso pos- sesses or is otherwise made aware of any data (including but not limited to leachate data or groundwater monitoring data) relevant to the delisted waste indicating that any con- stituent is at a concentration in the leachate higher than the specified delisting concentra- tion, or is in the groundwater at a concentration higher than the maximum allowable groundwater concentration in paragraph (1), then Owosso must report such data, in writing, to the Regional Administrator within 10 days of first possessing or being made aware of that data. (B) Based on the information described in paragraph (A) and any other informa- tion received from any source, the Regional Administrator will make a preliminary deter- mination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclu- sion, or other appropriate response necessary to protect human health and the environ- ment. (C) If the Regional Administrator determines that the reported information does re- quire Agency action, the Regional Administrator will notify Owosso in writing of the actions the Regional Administrator believes are necessary to protect human health and the envi- ronment. The notice shall include a statement of the proposed action and a statement pro- viding Owosso with an opportunity to present information as to why the proposed Agency action is not necessary or to suggest an alternative action. Owosso shall have 30 days from the date of the Regional Administrator’s notice to present the information. (D) If after 30 days Owosso presents no further information or after a review of any submitted infor- mation, the Regional Administrator will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any re- quired action described in the Regional Administrator’s determination shall become effec- tive immediately, unless the Regional Administrator provides otherwise.

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* * * * * Wildlife and Plants. Upon publication Federal Information Relay Service [FR Doc. 2010–27886 Filed 11–3–10; 8:45 am] of this 12-month petition finding, we (FIRS) at 800–877–8339. BILLING CODE 6560–50–P will add C. wrightii to our candidate SUPPLEMENTARY INFORMATION: species list. We will develop a proposed rule to list C. wrightii as our priorities Background DEPARTMENT OF THE INTERIOR allow. We will make any determination Section 4(b)(3)(B) of the Endangered on critical habitat during development Species Act (Act) (16 U.S.C. 1531 et Fish and Wildlife Service of the proposed rule. In the interim seq.) requires that, for any petition to period, we will address the status of the revise the List of Endangered and 50 CFR Part 17 candidate taxon through our annual Threatened Wildlife that contains Candidate Notice of Review. substantial scientific and commercial [Docket No. FWS–R2–ES–2009–0060; MO information that listing may be 92210–0–0008] DATES: The finding announced in this warranted, we make a finding within document was made on November 4, 12 months of the date of receipt of the Endangered and Threatened Wildlife 2010. and Plants; 12-Month Finding on a petition on whether the petitioned Petition to List Cirsium wrightii ADDRESSES: This finding is available on action is: (a) Not warranted, (b) (Wright’s Marsh Thistle) as the Internet at http:// warranted, or (c) warranted, but the Endangered or Threatened www.regulations.gov at Docket Number immediate proposal of a regulation FWS–R2–ES–2009–0060. Supporting implementing the petitioned action is AGENCY: Fish and Wildlife Service, documentation we used in preparing precluded by other pending proposals to Interior. this finding is available for public determine whether species are ACTION: Notice of 12-month petition inspection, by appointment, during threatened or endangered, and finding. normal business hours by contacting the expeditious progress is being made to U.S. Fish and Wildlife Service, New add or remove qualified species from SUMMARY: We, the U.S. Fish and Mexico Ecological Services Office, 2105 the Federal Lists of Endangered and Wildlife Service, announce a 12-month Osuna NE, Albuquerque, NM 87113. Threatened Wildlife and Plants. Section finding on a petition to list Cirsium Please submit any new information, 4(b)(3)(C) of the Act requires that we wrightii (Wright’s marsh thistle) as materials, comments, or questions treat a petition for which the requested endangered or threatened and to concerning this finding to the above action is found to be warranted but designate critical habitat under the address. precluded as though resubmitted on the Endangered Species Act of 1973, as date of such finding, that is, requiring a amended. After review of all available FOR FURTHER INFORMATION CONTACT: subsequent finding to be made within scientific and commercial information, Wally ‘‘J’’ Murphy, Field Supervisor, 12 months. We must publish these we find that listing C. wrightii as U.S. Fish and Wildlife Service, New findings in the Federal Register. endangered or threatened throughout its Mexico Ecological Services Field Office range is warranted. Currently, however, (see ADDRESSES); by telephone at 505– Previous Federal Actions listing of C. wrightii is precluded by 346–4781; or by facsimile at 505–346– On October 15, 2008, we received a higher priority actions to amend the 2542. If you use a telecommunications petition from the WildEarth Guardians, Lists of Endangered and Threatened device for the deaf (TDD), please call the dated October 9, 2008, requesting that

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we list Cirsium wrightii (Wright’s marsh but are vivid pink in the Santa Rosa, status of the species in Mexico is thistle) as endangered or threatened New Mexico, locality (Sivinski 1996, p. uncertain, with few verified collections under the Act. Additionally, the 1). In New Mexico, the species occurs in of the plant. Numerous surveys of petitioner requested that critical habitat wet, alkaline soils in spring seeps and potential habitat have been conducted be designated concurrent with listing of marshy edges of streams and ponds over the years with few new localities C. wrightii. In a November 26, 2008, between 3,450 and 7,850 ft (1,152 and documented (e.g., Poole 1992, 2010; letter to the petitioner, we responded 2,393 m) in elevation (Sivinski 1996, p. Sivinski 1994, 1996, 2005, 2009a; that we had reviewed the petition and 1; 2005a, pp. 3–4; Worthington 2002a). Worthington 2002a). determined that an emergency listing Cirsium wrightii is a wetland obligate Cirsium wrightii is ranked by was not necessary. We also stated that, (occurs only in water-saturated soils) NatureServe as a G2 (imperiled) species. to the maximum extent practicable, we that was originally collected in 1851 at It was changed from G3 (vulnerable) to would address their petition within 90 San Bernardino Cienaga, Cochise G2 in 2003 (NatureServe 2009, p. 1). days. County, Arizona (Gray 1853, p. 101; Similarly, its National Status ranking for The petition asserted that water Smithsonian 1849, p. 1). Historically, the United States is N2 (imperiled due diversion, habitat loss and degradation the species was found in Arizona, New to a restricted range and very few through current livestock grazing, Mexico, and Chihuahua, Mexico (Gray populations) (NatureServe 2009, p. 2). inadequate regulatory mechanisms, 1853, p. 101; Coulter 1891, p. 244; Though these rankings do not provide weed control, nonnative species, Kearney and Peebles 1951, p. 952; any regulatory protections, the drought, and climate change threaten C. Correll and Johnston 1970, p. 1719; U.S. NatureServe designations do serve to wrightii. During our review of the Fish and Wildlife Service (Service) notify the public of the species’ status. petition, we found that the majority of 1995, p. 1). Recently it was learned that In New Mexico, there are eight information cited in the petition was not an occurrence of another sunflower, general confirmed locations of Cirsium readily available to us. Therefore, on Cirsium texanum (Texas thistle), in wrightii: Santa Rosa, Guadalupe County; December 18, 2008, we requested that Presidio County, Texas, had been Bitter Lake National Wildlife Refuge the petitioner provide references. On incorrectly identified as C. wrightii (BLNWR), Chaves County; Blue Spring, February 13, 2009, the petitioner (Poole 2010, p. 1). All of the previously Eddy County; La Luz Canyon, Karr provided additional references. presumed specimens of C. wrightii from Canyon, Silver Springs, and Tularosa On September 10, 2009, we published Texas have now been correctly Creek, Otero County; and Alamosa a 90-day finding in the Federal Register identified as Cirsium texanum (Texas Creek, Socorro County (Bridge 2001, p. that the petition presented substantial thistle), rather than C. wrightii (Sivinski 1; Sivinski and Bleakly 2004, p. 2; information that listing C. wrightii may 1994a, p. 1; 1996, p. 2; 2006a, p. 1; NMRPTC 2009, p. 1; Sivinski 1994, p. be warranted. That document also Worthington 2002a, p. 4). These species 1; 1996, p. 2; 2005, p. 1; 2005a, pp. 3– initiated a status review of the are easily confused on herbarium sheets 5; 2009, 2009a; Service 1998, p. 1; subspecies (74 FR 46542). On February (Sivinski 1996, p. 2). However, in the Worthington 2002, p. 1; 2002a, pp. 1–3). 11, 2010, WildEarth Guardians filed suit field, C. wrightii differs from C. texanum Four of the eight localities are clustered against the Service for failure to issue a in physical appearance (New Mexico within about 10 miles (mi) (16 12-month finding on the petition Rare Plant Technical Council kilometers (km)) of each other on the (WildEarth Guardians v. Salazar, No. (NMRPTC) 2009, p. 1)). The presumed west slope of the Sacramento 10-cv-00122 BRB–DJS (D.N.M.)). Texas specimens of C. wrightii that were Mountains, Otero County, whereas the Pursuant to a stipulated settlement previously identified from herbarium remaining four localities are widely agreement, the 12-month finding is due sheets, rather than field identification, disjunct, separated from the Sacramento to the Federal Register by October 31, have been found to be C. texanum localities by about 75 to 140 mi (120 to 2010. This notice constitutes our 12- (Sivinski 1996, p. 2). 225 km) and from each other by about month finding for the petition to list C. In the New Mexico portion of the 75 to 215 mi (120 to 345 km). In the wrightii as threatened or endangered species’ range, Cirsium wrightii appears Sacramento Mountains, two of these with critical habitat. to be an obligate of seeps, springs, and four localities occur on the Lincoln wetlands that have saturated soils with National Forest, one locality is on Species Information surface or subsurface water flow private land and the remaining locality Cirsium wrightii is a biennial (a plant (Sivinski 1996; Service 1998; is on the Mescalero Apache Reservation. completing development in 2 years, Worthington 2002a, p. 2; NMRPTC In the Pecos River Valley, one locality flowering its second year) or a weak 2009). Plants commonly found in areas is on public lands on the BLNWR, monocarpic perennial (a plant that inhabited by this species include Chaves County; one is on private land flowers, sets seed, then dies), in the Scirpus spp. (bulrush), Salix spp. near the Black River, Eddy County; and sunflower family (Asteraceae). The (willow), Baccharis glutinosa one is in the vicinity of Santa Rosa, plant is prickly with short black spines (seepwillow), Helianthus paradoxus Guadalupe County, on private, and a 3- to 8-foot (ft) (0.9- to 2.4-meter (Pecos sunflower), Juncus spp. (rush), municipal, and State lands. The (m)) single stalk covered with succulent and Typha spp. (cattail) (Sivinski 1996, remaining locality is on private land on leaves (Sivinski 1996, p. 1; Arizona pp. 2–5; Sivinski and Bleakly 2004, p. Alamosa Creek, Socorro County. Game and Fish Department (AGFD) 2; Worthington 2002a, pp. 1–2). Localities vary in relative population 2001, p. 1). Numerous slender flowering size from less than 20 individuals branches emerge from the stalk, starting Distribution and Range covering only about 50 square feet (ft2) about one-third up the length of the Cirsium wrightii currently occurs in ((5 square meters (m2)) at the Silver plant. Branches are terminated by one or New Mexico; however, it has been Springs locality, to several thousand a few small flowering heads, which extirpated from all previously known individuals on BLNWR. have numerous slender phyllaries (a locations in Arizona (Sivinski 1996, pp. Within New Mexico, historic modified leaf associated with the 1, 4, 9, 2006a, 2009a, p. 1; Worthington localities from the City of Roswell land, flower) (Sivinski 1996, p. 1). Flowers are 2002a, p. 4), and was misidentified and Chaves County, Lake Valley in Sierra white to pale pink in areas of the likely not ever present in Texas (Poole County, and La Luz and Haynes Sacramento Mountains of New Mexico, 1992; 2010; Sivinski 1996, p. 2). The Canyons in Otero County are extirpated

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(NMRPTC 2009, p. 2; Sivinski 2005, p. invasive plant Phragmites australis (Service 2010a, p. 6). When C. wrightii 1; 2005a p. 4; 2009a, p. 2). Finally, a (common reed) since the 1995 survey was discovered on BLNWR, the Cirsium species at Rattlesnake Springs, (Sivinski 1996, p. 3; 2009a, p. 2). This population was estimated between Eddy County, is thought to be a hybrid population likely includes additional 1,680 and 2,130 flowering plants between C. wrightii and C. texanum small adjacent localities of scattered (Service 1998, p. 1; 1999, p. 25). (NMRPTC 2009, p. 2). This population individual plants on the Mescalero Sivinski (2005a, p. 3) found there was blooms in May rather than the typical Apache Reservation, but we were no change in this population’s season of C. wrightii from August to unable to survey these Tribal lands (e.g., distribution and abundance between October (NMRPTC 2009, p. 2). see Bridge 2001; Worthington 2002a). 1999 and 2005. In 2009, the population We are unaware of specific long-term Moreover, the possible new locality was estimated to be thousands of monitoring data on absolute abundance found by Worthington (2002) occurs in individuals, the largest known estimates for Cirsium wrightii in New the area. population of C. wrightii (Sivinski Mexico, but have estimates of relative 2009a, p. 2). La Luz Canyon abundance for most extant localities (see Roswell also Sivinski 1996, 2005a, 2006a, 2009, The small La Luz Canyon population 2009a). In 1996, Sivinski completed a of Cirsium wrightii that occurs within Cirsium wrightii historically occurred status assessment of C. wrightii in New about 540 ft2 (50 m2) of spring habitat in North Spring, at the Roswell Country Mexico (Sivinski 1996). He on Forest Service lands was stable at an Club, Roswell, New Mexico (Sivinski subsequently continued to survey and estimated 50 plants both in 1995 and 1996, p. 4). However, the population has monitor C. wrightii localities. 2005 (Sivinski 1996, p. 3; 2005a, p. 4). been extirpated following the alteration Worthington (2002a) conducted surveys However, an adjacent small population and loss of all vegetation, including C. at 12 sites that contained suitable of 10 plants in the same general area on wrightii, as a result of the enclosure of habitat in Karr Canyon, the Rio Penasco private land 3 mi (5.8 km) east of La Luz North Spring with bricks and cement drainage, and in the vicinity of Canyon was extirpated between 1995 (Sivinski 1996, p. 4; New Mexico Sacramento Lake in the Sacramento and 2005, most likely from a severe Department of Game and Fish (NMDGF) Mountains on U.S. Forest Service scouring flood and alteration of the 2005a, p. 18). Sivinski surveyed most of (Forest Service) land in 2002. Moreover, spring hydrology that led to the drying the springs in the vicinity of Roswell in he surveyed additional springs, but of habitat (Sivinski 2005a, p. 4; 2009a, 1995 looking for C. wrightii populations found most springs were capped or p. 2). (Sivinski 1996, p. 4). All but one spring had been capped and diverted for captured for municipal use by the City Karr Canyon of Alamogordo (Worthington 2002a, p. domestic water, and no extant or new 3). No new C. wrightii populations were The Karr Canyon/Haynes Creek populations were found (Sivinski 1996, found, although one possible new population of Cirsium wrightii p. 4). locality with plants that lacked the previously included a cluster of a Santa Rosa Wetlands 2 characteristic black tips and had hundred plants within about 1000 ft 2 The Santa Rosa area is a zone of karst different looking leaves was noted (100 m ) of spring habitat within a highway right-of-way that was stable topography (an area of erosive (Worthington 2002). However, the limestone), with numerous sinkhole locality was not photographed, between 1995 and 2005 (Sivinski 1996, p. 2, 2005a, p. 4). Nevertheless, a small lakes and artesian springs (ground water collected, or verified and the accuracy that is under pressure) within a 6-mi of its identification is unknown. population of a few dozen mature plants in the same general area on private land (9.7-km) diameter circular depression. In Arizona, the Service has similarly The localities of C. wrightii are scattered contracted surveys of potential Cirsium was extirpated between 1995 and 2005 and replaced by Phragmites australis within some of the marshes, spring wrightii habitat to verify whether any seeps, and various sinkhole lakes, with populations are extant. These will be (Sivinski 1996, p. 2, 2005a, p. 4; 2009a, p. 2). flowering plants generally rare and completed by October 2010. Below, we occurring throughout 4 sections spread present information on all of the known Silver Springs Canyon out over 4 square miles (mi2) (10 square historic and extant localities of C. The small Silver Springs Canyon kilometers (km2)) on a mixture of State, wrightii rangewide, including those that population of Cirsium wrightii occurs on private, and municipal lands, but the have been extirpated. Forest Service land in a wet meadow total area occupied in this locality is New Mexico and was estimated at 16 mature plants less than 5 acres (ac) (2 hectare (ha)) in 2002 (Worthington 2002, p. 4; 2002a, (Sivinski 1996, p. 4; Sivinski and Tularosa Creek p. 15). The population was observed in Bleakly 2004, pp. 1, 3; Service 2010c, The Tularosa Creek, Otero County, July 2010 and appears to be pp. 1–2). For example, the 116-ac (47- population of Cirsium wrightii occurs on approximately the same size (Service ha) Blue Hole Cienaga locality, owned private land and the Mescalero Apache 2010b, p. 1). This population is growing by the State of New Mexico, is part of Reservation. This population has within a seep and is adjacent to C. the overall population and contains significantly declined since 1995, from vinaceum (Sacramento Mountains sparse occurrences (i.e., not continuous an estimated several thousand thistle) (Worthington 2002, p. 4). in distribution) of C. wrightii along a individual plants along 3.5 mi (5.6 km) spring-fed creek and an adjacent seep of nearly continuous occupied marsh Bitter Lake National Wildlife Refuge (Sivinski and Bleakly 2004; Service and wet meadows, to four scattered A large population of Cirsium wrightii 2010c). The other known localities in occupied locales of less than 50 was found at BLNWR in 1998 and is the area include El Rito Creek, private individual flowering plants total along associated with cienagas (wet meadows) lands, ponds at a no-longer-used fish the same stretch in 2009 (Sivinski 1996, and marshes in Units 3, 5, and 6 of the hatchery, Bass Lake, and Perch Lake (a p. 3; 2009a, p. 2). In 1995, this was the refuge (Service 1998, p. 1; 2010, p. 1). large sinkhole that is partially most extensive population in the All known populations of C. wrightii on developed for fishing and picnicking) Sacramento Mountains, but it has BLNWR grow within designated critical (Sivinski 1996; 2005a; 2010a; Sivinski become drier and dominated by the habitat of Helianthus paradoxus and Bleakly 2004). Most of the

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municipal habitats are small, but have it was originally collected in 1851, 2009a, p. 1, 2010; CONABIO 2010). The been filled and developed for recreation. although the area was surveyed in 2006 second collection from Los Azules, This active filling of wetlands has led to by The Nature Conservancy (Sivinski Chihuahua, in 1998, was misidentified the loss of C. wrightii plants in recent 2006a, p. 1; 2009a, p. 1). The species is and is not C. wrightii. The third years (Service 2010c). These localities likely extirpated from the State (ADGF collection from Fronteras, Sonora, in support perhaps a few hundred C. 2001, p. 1; Sivinski 1996, p. 4; 2009a, 1890, has not yet been verified (Sivinski wrightii, but the remaining localities are p. 1; Service 2009a, p. 1). 2010, p. 1). As such, the status of the smaller, isolated occurrences (Sivinski species in Mexico is uncertain. Texas 1996, p. 6, 2009a; 2010a, p. 1; Sivinski In summary, there are eight general and Bleakly 2004, p. 3). Between 1995 We found that Cirsium specimens localities of Cirsium wrightii extant and 2005, the overall Santa Rosa from Texas have been confused because within New Mexico. Additional population was thought to be stable, of the difficulty in distinguishing historical populations have been estimated at several thousand plants Cirsium wrightii and C. texanum from extirpated, including at least two larger (Sivinski 1996, p. 4; 2005a, p. 3). herbarium sheets (Sivinski 1994, p. 1; and two smaller populations in New 1994a, p. 1; Sivinski 2006a, p. 1). All of Mexico, and there are no known extant Blue Spring the collections from herbariums and populations in Arizona. The population A new population of Cirsium wrightii references identifying C. wrightii at BLNWR is likely the most robust, was discovered in 2009 at Blue Spring, localities in Texas are in error (Coulter with several thousand individuals. Eddy County, New Mexico (Sivinski 1881, p. 244; Correll and Johnson 1970, Santa Rosa contains mostly sparse 2009). This population was estimated at p. 1719; Kearney and Peebles 1951, p. scattered localities throughout four several hundred to a few thousand 952; Martin and Hutchins 1981, p. 2002; sections of land, and some of these have plants and occupies about 1 mi (1.6 km) Sivinski 1994, p. 1; 1996, p. 5; Texas been extirpated recently. The of riparian habitat (Sivinski 2009, p. 1). A&M University 1975, p. 89). population along Tularosa Creek has Water flow at Blue Spring is generally Furthermore, the presumed location undergone a significant reduction since perennial along the 2.5-mi (4-km) run from Presidio, Texas, that we identified 1995. The remaining populations in the that flows into the Black River (a in the 90-day finding (74 FR 46544), is Sacramento Mountains are all small, tributary of the Pecos) near Black River not C. wrightii, but most likely an containing from 15 to perhaps several Village, New Mexico (NMDGF 2007, p. undescribed species from northern hundred individuals. The populations 15). We have no other information on Mexico (Poole 2010, p. 1). at Blue Spring and Alamosa Springs this locality, as it was just discovered in Poole (1992) evaluated 74 cienagas in were recently discovered, and there 2009. Texas and conducted botanical surveys have been no subsequent surveys to at 33 of the locations within the highest Alamosa Springs determine whether these populations potential habitat (i.e., springs and are stable or declining. The collections Another population of Cirsium wetlands) for the Helianthus paradoxus, from Texas were misidentified, and we wrightii was discovered in 2005 at which has similar habitat requirements conclude C. wrightii never occurred in Alamosa Springs, Socorro County, New and sometimes overlaps with C. the State. Finally, there is only one Mexico (Sivinski 2005, p. 1). There were wrightii. No C. wrightii locations were verified historic collection from Mexico, an estimated 500–1,000 flowering adults found during these extensive botanical and no recent information on the status and rosettes confined to a small, spring- surveys (Poole 1992). Similarly, we of the species from this population. For fed wetland within the Alamosa Creek reviewed information from and these reasons, the status of this species Valley (a tributary of the Rio Grande), contacted botanists who have surveyed remains tenuous. but none of the plants occurred along the Diamond Y Preserve, Pecos County, Alamosa Creek (Sivinski 2005, p. 1; Texas, owned by The Nature Summary of Information Pertaining to 2010a, pp. 1–2). The remaining springs Conservancy. This preserve shares some the Five Factors for Cirsium wrightii in the Alamosa Creek Valley are on of the same habitat characteristics, and Section 4 of the Act and private land and have not been many of the imperiled species, found on implementing regulations (50 CFR part surveyed. BLNWR, including Pecos assiminea 424) set forth procedures for adding Lake Valley (Assiminea pecos), Pecos gambusia species to the Federal Lists of (Gambusia nobilis), and Helianthus A population of Cirsium wrightii was Endangered and Threatened Wildlife paradoxus (Service 2005, pp. 4, 8; 2007, and Plants. Under section 4(a)(1) of the historically located within Lake Valley, p. 10; Poole 2010, p. 1). We found that Sierra County, New Mexico, but is Act, a species may be determined to be Diamond Y has been thoroughly endangered or threatened based on any considered extirpated (Sivinski 2005). surveyed, and it does not appear that C. This site is now an abandoned mining of the following five factors: wrightii occurs on the preserve. Because (A) The present or threatened settlement, but was historically a series we do not have any verified historic of marshes and cienagas. The area was destruction, modification, or collections or known extant populations diked, channeled, and drained in the curtailment of its habitat or range; from any locations in Texas (Poole 2010, early 1900s and converted to row-crop (B) Overutilization for commercial, p. 1; 2010a, p. 1), we conclude that C. agriculture (Sivinski 2005, p. 1). There recreational, scientific, or educational wrightii has never been present within is no longer suitable habitat for C. purposes; the State. (C) Disease or predation; wrightii within the valley (Sivinski (D) The inadequacy of existing Mexico 2005, p. 1). regulatory mechanisms; or Arizona We have not been able to obtain any (E) Other natural or manmade factors recent information on Cirsium wrightii affecting its continued existence. San Bernardino Cienaga in Mexico. In fact, we have located only In making this finding, information The population at the type locality three herbarium specimens that were pertaining to Cirsium wrightii, in (the place where the species was first collected in Mexico. One specimen was relation to the five factors provided in found) from San Bernardino Cienaga, collected in 1982 at Cerro Angostura section 4(a)(1) of the Act, is discussed Arizona, has not been found again since Spring, Chihuahua, Mexico (Sivinski below.

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In making our 12-month finding on a diminishing habitat quantity and summer precipitation can be very petition to list Cirsium wrightii, we excessive degradation of habitat quality patchy, with some areas receiving considered and evaluated the best for the species throughout its range. considerably less rainfall than others. available scientific and commercial Newton et al. (2009) studied the Availability of Water information. This information includes hydrogeology of the Sacramento the petition and associated documents, Cirsium wrightii is found in Mountains and found that the fractures data from the 1995 through 2009 association with seeps, springs, in the underlying geology exhibit surveys and recent reports (Sivinski marshes, and wetlands that have significant control on surface and 1996, 2005a, 2006a, 2009, 2009a; Forest saturated soils with surface or groundwater flow and possibly Service 2008b; Service 2010b, 2010c), as subsurface water flow (NMRPTC 2009; groundwater recharge. Overall, their well as other information available to Sivinski 1996, pp. 2–7; Service 1998, p. data suggest that the recharge of water us. The following analysis examines the 2; Worthington 2002a, p. 2). wells and groundwater is correlated to five factors described in section 4(a)(1) Southwestern riparian and aquatic the amount of precipitation during of the Act and those activities and systems fluctuate due to seasonal and monsoon storms at all elevations conditions currently affecting C. longer term drought and wet periods, (Newton et al. 2009, p. 22). Wet periods wrightii, or are likely to affect the floods, and fire. Habitats with during summer months can significantly species within the foreseeable future. fluctuating water levels create contribute to recharge of the ground In considering what factors might circumstances in which population water in the Sacramento Mountains, but constitute threats to a species, we must sizes may vary over time, and these are extremely rare events (Newton look beyond the exposure of the species populations may be periodically et al. 2009). As such, drought has to a particular factor to evaluate whether extirpated. Because the species occurs impacted the recharge of ground water the species may respond to that factor only in areas that are water-saturated, tables throughout the Sacramento in a way that causes actual impacts to populations have a high potential for Mountains (Forest Service 2008, p. 22). the species. If there is exposure to a extirpation when habitat dries due to For this reason, the seasonal factor and the species responds ground and surface water depletion, distribution of yearly precipitation can negatively, the factor may be a threat draining of wetlands, or drought. Loss of result in temporary drought conditions and, during the status review, we water from C. wrightii habitat occurs and reduced water availability for some attempt to determine how significant a through changing precipitation patterns, C. wrightii localities within this threat it is. The threat is significant if it drought, or as a result of human impacts mountain range. drives, or contributes to, the risk of from groundwater pumping In 1995 and 2005, Sivinski (2005a, pp. extinction of the species such that the (withdrawal) or diversion of surface 3–4) monitored the relative size of species warrants listing as endangered water; this can lead to the degradation Cirsium wrightii localities rangewide to or threatened as those terms are defined and extirpation of Cirsium wrightii document the relationship between in the Act. However, the identification habitat (Sivinski 1996, p. 5; 2005, p. 1; water availability in suitable habitat and of factors that could impact a species Forest Service 2008, p. 19). Moreover, numbers and extent of plants. He found negatively may not be sufficient to the drying of C. wrightii habitat has led that, when some localities dried, the compel a finding that the species to retractions of occurrence boundaries, localities were either extirpated or much warrants listing. The information must a reduction in the numbers of plants, reduced in size (Sivinski 2005a, pp. 3– include evidence sufficient to suggest and, in some cases, a loss of all 4). Moreover, drying of occupied habitat that these factors are operative threats individuals at several localities also resulted in Typha latifolia (cattail) that act on the species to the point that (Sivinski 2005a, pp. 3–4). For example, being replaced by dense stands of the species may meet the definition of during the dry conditions from 1994 to Phragmites australis (Sivinski 2005a, endangered or threatened under the Act. 1996, many seeps and springs in the pp. 3–4), which may outcompete native Sacramento Mountains ceased flowing vegetation including C. wrightii and A. Present or Threatened Destruction, and were completely dry (Sivinski significantly increase the threat of Modification, or Curtailment of the 2006b, p. 12). Naturally occurring water wildfire (see discussion below under Species’ Habitat or Range loss from changes in precipitation ‘‘Phragmites australis’’). The most significant threat to Cirsium patterns have affected the volume of Drought also affects the size of an wrightii is the alteration of the water flow at numerous springs in the extant locality, even when the water hydrology of its rare wetland habitat. In Sacramento Mountains (Forest Service source does not dry out completely. The fact, much of the habitat of C. wrightii 2003, p. 43). most severe drought recorded in New has been and continues to be severely Mexico occurred between 1950 and Drought altered and degraded because of past 1956. If drought reduces the amount of and present land and water management The National Weather Service groundwater recharge regionally, spring practices including: agriculture and Forecast Office and the U.S. Drought discharge or the areal extent of wetlands urban development, diversion of Monitor for New Mexico indicate that could also be reduced. Prolonged springs, and drought. As described the Sacramento Mountains experienced drought can lead to diminishment or below, all of the extant localities may be a severe to extreme drought from 2003 drying of springs, which would have a affected by long-term drought, whereas to 2008 (Forest Service 2008, p. 22). negative impact on Cirsium wrightii or four of the largest C. wrightii localities This has led to unusually low stream or its habitat. Comparing historical at Blue Spring, BLNWR, Santa Rosa, and spring flows and, in some instances, no discharges reported in the Black River Alamosa Creek have the potential to be flow (e.g., see South Central Mountain from 1952 to 1956 (daily mean flow of further modified by ongoing and future 2002, p. 12; Shomaker 2006, p. 8; 15.4 cubic feet per second (cfs) (0.436 water withdrawal. Changes in water Gardner and Thompson 2008, p. 2; cubic meters per second (cms))) to tables throughout the range of C. Newton et al. 2009; Sivinski 2005a, pp. recent discharges (2002 to 2006, daily wrightii have often resulted in 3–4, Forest Service 2003, pp. 53–54). mean flow of 10.1 cfs (0.286 cms)), diminished discharge from springs or This is likely related to severe drought flows in the Black River are currently complete loss of surface water. conditions (Sivinski 2005a, pp. 1, 3–4). lower than flows during the extreme Therefore, there has been a trend of Within New Mexico, monsoonal drought of the 1950s (NMDGF 2007, p.

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26). Prolonged drought could adversely for C. wrightii, although it has not been recent and ongoing drought, leading to impact habitat conditions by reducing specifically investigated. increased degradation of wetland and hydrologic discharge through the The severe decline in available riparian habitat (Forest Service 2008, p. wetland system, thereby desiccating surface and ground water since the 23), which contain Cirsium wrightii riparian plant communities (e.g., see 1990s is due largely to drought and localities. In the Sacramento Mountains, NMDGF 2008, p. 33), including C. human use (e.g., Shomaker 2006, pp. 8, C. wrightii occurrences have been and wrightii. Because of the documented 20, 26). Cirsium wrightii occurrences in will continue to be altered and extirpation and population reductions La Luz Canyon are within the municipal potentially degraded by the issuance of of the species caused by drought and the supply watershed, where pipelines a special use permit to maintain and possibility of more widespread drought divert water to the City of Alamogordo operate water withdrawal from Forest accompanying climate change, we (Shomaker 2006, pp. 20, 26; Forest Service lands (Forest Service 2008, p. conclude that drought constitutes a Service 2008, p. 21). The number of 26). Development of additional water threat to C. wrightii, both now and in the water wells drilled on both private and rights will likely dewater C. wrightii foreseeable future. National Forest System lands within localities, constituting a threat to the this area has increased since the 1950s, species in this area for the foreseeable Ground and Surface Water Depletion with the 1980s and 1990s being the future. Habitat loss due to ground and surface most active years for drilling of Moreover, the Blue Spring and Santa water depletion is a threat to Cirsium domestic use wells (Forest Service 2008, Rosa occurrences of Cirsium wrightii are p. 22). The total permitted groundwater within areas where water is currently wrightii. Sivinski (1994, pp. 1–2; 1996, extraction is approximately 2,400 acre drained from wetlands or diverted or p. 4; 2005, p. 1; 2006, p. 4) reported loss feet per year (300 hectare-meters per withdrawn for domestic use, which may or degradation of habitat from water year) (98,000,000 gallons per year) contribute to degradation and loss of its diversion or draining of wetlands in (370,000,000 liters per year) from nearly habitat (Sivinski 1996, p. 5; 2009; 2009a; Chaves, Otero, and Sierra Counties, New 300 wells (Forest Service 2008, p. 22). NMDGF 2007, pp. 14, 17, 22). Mexico, areas that historically In 2002, the New Mexico State Additionally, any activity that would supported Cirsium wrightii. Increased Engineer declared the La Luz Canyon interrupt the flow of water from water extraction in the last 100 years watershed as a Critical Management Alamosa Creek has the potential to has contributed to the dramatic decline Area, which means no new groundwater impact C. wrightii. Currently, irrigation of most surface spring systems in the appropriations would be allowed for and domestic use from about 50 farms Chihuahuan Desert (see Corps 2006, p. nondomestic purposes (Forest Service does not appear to have reduced the 4; Karges 2003 and references therein). 2008, p. 22). However, for domestic baseflow of about 9 cfs (0.3 cms) from An historical population in Lake Valley, purposes, the demand for water use this spring-fed system (Sierra Soil and Sierra County, New Mexico, was through surface diversion and ground Water Conservation Service 2008, p. 2). extirpated when the wetlands were water withdrawals is expected to However, Alamosa Creek would likely drained and converted to agricultural increase as a result of the population be negatively affected by long-term use (Sivinski 2005, p. 1; 2006a, p. 1). increase. The human population in drought. Moreover, the appropriation of water Alamogordo, Otero County, New The effects of ongoing and past rights from springs for a ‘‘beneficial Mexico, increased from about 30,000 to maintenance and operation of existing use,’’ such as livestock water, farming, 36,000 from 1995 to 2000, and is water diversions can also limit the size domestic use, or recreational facilities, expected to increase to about 56,000 by of Cirsium wrightii populations (Corps typically uses points of diversion that 2040 (South Central Mountain 2002, p. 2007, p. 29). For example, the C. can curtail natural surface flows and 11). An increasing human population wrightii population on City of Roswell affect C. wrightii populations. For and its associated agricultural and lands has been extirpated at this example, aquifers in the Sacramento economic activities will require location since the habitat is no longer Mountains, which contain half of all additional water from this relatively dry suitable for the plant (NMDGF 2005, pp. known C. wrightii localities, are region. 33–34; Sivinski 1996, pp. 4–5; 2006a, p. susceptible to appropriation by existing Current New Mexico State law 5). Loss of springs and surface water water rights and development of new provides that anyone may obtain a flow in streams resulting from human water rights, which may pose future permit for a domestic well, no matter use and drought have occurred threats to the species (Service 2008, pp. what the consequences for anyone else’s throughout the Roswell Artesian Basin 12, 23; Forest Service 2008, pp. 23–24). water rights or the impact of water in New Mexico, often resulting in The marshes, springs, and seeps within resources for the area (e.g., see Belin et diminished discharge from springs or La Luz Canyon of the Sacramento al. 2003, p. 72). Between 2005 and 2045, complete loss of surface water (Taylor Mountains are currently and were likely the City of Alamogordo’s water demand 1983, 1987; NMDGF 2005, 2005a, p. 17; historically diverted or drained for is expected to increase from 7,140 acre- Jones and Balleau 1996, pp. 4, 12). irrigation and agricultural use (Sivinski feet per year to 10,842 acre-feet per year Many of these spring systems could 1996, p. 5; South Central Mountain (881 hectare-meters per year to 1337 have harbored populations of C. 2002, p. 20). Many springs and streams hectare-meters per year) (Shomaker wrightii; however, it is not possible to in the Sacramento Mountains that were 2006, pp. 43–44). By 2045, the City of determine the extent of the loss of C. perennial during the 1900s have become Alamogordo will likely have a projected wrightii populations because many intermittent or have dried completely, deficit of 6,258 acre-feet per year (772 springs went dry before surveys could including La Luz Creek (Abercrombie hectare-meters per year) (more than 2 be conducted. Peak annual pumping of 2003, p. 3). In this area, loss of water billion gallons per year) (more than 8 the alluvial aquifer (a water-bearing flow from human activities related to billion liters per year) (Shomaker 2006, deposit of sand and gravel) in the roads, trails, and the capture of spring p. 44). Withdrawal and diversion of Roswell Basin occurred in the 1950s. water for municipal use have also been water from wells located on Forest Since the 1950s, administration and observed to affect the threatened species Service and private lands would metering of groundwater extraction in Cirsium vinaceum (Forest Service 2003, continue to increase for the foreseeable the basin by the New Mexico Office of pp. 42–43). The same likely holds true future and compound the effects of the the State Engineer has resulted in

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stabilization of groundwater levels 2007; cited in NMDGF 2007, p. 25). This 10.1 cfs (0.286 cms)), flows in the Black (NMDGF 2005a, p. 18). constitutes a significant threat to this River are currently lower than during As artesian wells were developed in locality. the drought of the 1950s (NMDGF 2007, the area, discharge from the major In summary, the alteration and loss of p. 31). Moreover, Sivinski (2005a, pp. springs declined proportionately and habitat that currently supports C. 3–4) reports that springs and wet valleys some of these springs cease to flow wrightii, due to groundwater and surface have been affected by drought in at least (Jones and Balleau 1996, p. 4). Surface water depletion, will continue and three canyons of the Sacramento water flow on BLNWR has also been likely increase in the foreseeable future. Mountains, New Mexico, resulting in diminished by groundwater pumping, Because this species is dependent on reduced C. wrightii populations. Similar as evidenced by the dead springs on Salt water, we find that long-term drought in water loss may occur within other C. Creek and documented reduction in combination with ground and surface wrightii localities, as analyzed above. If spring flows on the refuge (Jones and water withdrawal is currently a climate change leads to future drought, Balleau 1996; p. 12). Aerial photos significant threat to C. wrightii and its additional dewatering and reduction of which show a larger, meandering habitat, and will continue to be in the C. wrightii habitat may occur. channel for Bitter Creek are also foreseeable future. Although the information available on evidence that discharge from Bitter climate change indicates that New Climate Change Creek was once greater (Service 2005a; Mexico will be impacted (New Mexico 70 FR 46312, August 9, 2005). The Intergovernmental Panel on Climate Change Advisory Group 2006, Additionally, BLNWR actively lowers Climate Change (IPCC) states that p. 1), there is no information specific to the water levels in wetlands during warming of the climate system is the effects of climate change on Cirsium spring and summer (Service 2006, p. 2). unequivocal, based on observations of wrightii or its habitat. Reliable It is unknown how C. wrightii responds increases in global average air and ocean predictive models have not been to these changing water levels on the temperatures, widespread melting of developed for use at the local scale (i.e., refuge, but if soils are not continuously snow and ice, and rising global average the eight occupied localities), and there saturated throughout the growing sea level (2007a, p. 5). For the next two is little certainty regarding the timing season, the species is likely impacted. decades, a warming of about 0.4 degrees and magnitude of the resulting impacts. Information from other localities Fahrenheit (°F) (0.2 degrees Celsius (°C)) For example, the vulnerability of C. suggests that populations likely contract per decade is projected (IPCC 2007a, p. wrightii habitats to a drying climate or habitat may become invaded by 12). Temperature projections for the depends, in large part, on the sources of Phragmites australis as water is following years increasingly depend on their water supply. The sources of water withdrawn and parts of the occupied specific emission scenarios (IPCC 2007a, to C. wrightii habitats are precipitation, wetlands dry (e.g., Sivinski 2005a, pp. p. 13). Various emissions scenarios surface water, and groundwater. 3–4). suggest that average global temperatures Habitats that are sustained mainly by Surface diversions, primarily for are expected to increase by between 1.1 precipitation are the most likely to be irrigation, and groundwater pumping for °F and 7.2 °F (0.6 °C and 4.0 °C) by the affected in a drying climate. domestic and commercial uses also end of the 21st century, with the Alternatively, localities that are occurs at the Blue Spring locality greatest warming expected over land supplied primarily by groundwater will (NMDGF 2007, p. 22; Lusk 2008). Flow (IPCC 2007a, p. 13). Warming in western likely have the greatest resistance to in the Black River is sustained by mountains is projected to cause climate change due to water stored in springs, including Rattlesnake and Blue decreased snowpack, more winter aquifers (e.g., see Poff et al. 2002, pp. Springs, and is generally perennial in flooding, and reduced summer flows, 18–19). However, based on projections the reaches around these springs exacerbating competition for over- made by the IPCC, we consider climate (NMDGF 2007, p. 15). Discharge at Blue allocated water resources (IPCC 2007b, change to be a potential exacerbating Spring has varied over the past 100 p. 14). The IPCC reports that it is very factor, worsening the impacts of other years: in 1907, it was recorded at 15.2 likely that hot extremes, heat waves, known threats. These threats include cfs (0.430 cms), with a minimum of and heavy precipitation and flooding habitat degradation from prolonged 14.65 cfs (0.415 cms) (Bjorklund and will increase in frequency (IPCC 2007b, periods of drought and increased Motts 1959, pp. 251, 263); from 1952 to p. 18). temperature, and the allocation of water 1956, discharge varied from 8.5 to 14 cfs Based on current understanding of for use by the human population and (0.24 to 0.40 cms), with a mean of 12 cfs climate change, air temperatures are agriculture as well as a number of (0.34 cms) (Bjorklund and Motts 1959, expected to rise and precipitation potential confounding effects. In p. 268); and from 2002 to 2006, the patterns are expected to change in areas summary, we do not have evidence mean was 11.75 cfs (0.333 cms), with a occupied by Cirsium wrightii. Because indicating that climate change is range from 6.8 to 23 cfs (0.19 to 0.65 C. wrightii occupies relatively small currently a factor affecting C. wrightii’s cms) (NMDGF 2007, p.15). Bjorklund areas of spring or seep habitat in an arid existence, because the information and Motts (1959, pp. 247, 263) first region plagued by drought and ongoing available on the subject is insufficiently reported that water levels within the aquifer withdrawals (e.g., in the Roswell specific to the species or the possible Black River Valley (including Blue Basin), it may be vulnerable to climatic current or future effects of climate Spring) decline during the late summer changes that could decrease the change on the sources of their water and during droughts, mostly from heavy availability of water to suitable habitat. supply. However, we consider climate groundwater pumping and lack of For example, the most severe drought change to be a potential exacerbating aquifer recharge. Based on flows recorded in New Mexico occurred factor and will continue to evaluate new recorded in recent years (2000–2006) at between 1950 and 1956. Based on the information on the subject as it becomes Blue Springs and in the Black River discharges reported in the Black River available. above the Carlsbad Irrigation District (fed by Blue Spring, the C. wrightii diversion, more surface water is locality, and other spring sources) from Introduced Plants appropriated than is available in the 1952 to 1956 (daily mean of 15.4 cfs Introduced plants increase the system (R. Turner, New Mexico Office (0.436 cms)) compared to recent potential for habitat loss due to wildfire of the State Engineer, pers. comm., April discharges (2002 to 2006, daily mean of and competition with Cirsium wrightii.

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Phragmites australis has recently years (Forest Service 2010 and production is greater than in adjacent invaded half of the known C. wrightii references therein). Rarely is P. australis dry uplands (e.g., see Forest Service localities (BLNWR, Tularosa Creek, abundance decreased by fire, and 2003). Although no studies specifically Santa Rosa, and Karr Canyon), forming postfire recovery is typically rapid. As related to the effects of livestock grazing dense stands in areas and increasing such, prescribed fire likely will do little on C. wrightii have been conducted fuel load and threat of wildfire. to reduce the long-term threat of P. (NMRPTC 2009, p. 2), livestock will Standing dead canes of P. australis and australis to C. wrightii. likely eat C. wrightii when other green associated litter often constitute twice as In addition to increasing the potential forage is scarce, and when the seedlings much biomass as living shoots (Forest for wildfire, Phragmites australis can or rosettes are developing and abundant. Service 2010). The high productivity also quickly invade a site and take over The localities in the Sacramento and density of P. australis stands a wetland, crowding out native plants Mountains, Santa Rosa, Alamosa provide fuel loads that are often high. and changing hydrology (Plant Springs, and Blue Spring have the This abundant dead fuel carries fire Conservation Alliance 2005, p. 1). The potential to be subjected to trampling well, allowing stands to burn even when dense plant growth blocks sunlight to and herbivory (75 FR 30762; NMDGF the current year’s shoots are green other plants growing in the immediate 2000, p. 2, 2004, p. 7, 2005, p. 47; Corps (Forest Service 2010). area and occupies all available habitat, 2007, p. 25; Service 1994, p. 6, 2005c, As an example, on March 5, 2000, the turning many wetlands into dense p. 2). For example, about three quarters Sandhill fire burned 1,000 ac (405 ha) stands that support only P. australis of C. wrightii were grazed at one locality of the western portion of the BLNWR, (Plant Conservation Alliance 2005, p. 1). near Santa Rosa (Corps 2007, p. 25). including portions of Bitter Creek. The Two Cirsium wrightii localities have Additionally, much of the private wet fire burned through Dragonfly Spring, recently been either extirpated (an meadows and marsh habitats in the eliminating the vegetation shading the occurrence in Karr Canyon), or Santa Rosa area have been severely spring. Although Cirsium wrightii does significantly reduced in size (Tularosa degraded by livestock grazing for many not occur immediately within the Creek), following an expansion of P. years (Sivinski and Bleakly 2004). burned area, the changes to wetland australis (Sivinski 1996, p. 2, 2005a, Except for Blue Hole Cienaga, we are vegetation exemplify how its habitat p. 4; 2009a, p. 2). P. australis is a not aware of any fences enclosing these might respond following wildfire. The current threat and will likely be a localities that would limit impacts to pre-fire dominant vegetation of continuing threat for C. wrightii the species. In the Sacramento submerged aquatic plants and mixed localities through increased fire risk, Mountains, for example, springs and native grasses within the burned area competition, and changes in hydrology, marshes provide a majority of the has been replaced by the invasive especially when habitat is disturbed watering sites for both livestock and Phragmites australis (NMDGF 2005, through burning or drying. wildlife species, especially elk (75 FR p. 19–21). The P. australis present at 30762). These wet springs and marshes Ungulate Grazing BLNWR is likely of European origin are subject to trampling and hoof (Service 2006, p. 5). Prior to the Grazing likely impacts some localities damage, and receive especially heavy wildfire, small patches of P. australis of Cirsium wrightii, but does not appear use during drought periods, when occurred throughout Bitter Creek, to be a widespread threat to the species. neither water nor green forage are whereas post-fire, P. australis colonized It is estimated that livestock grazing has readily available elsewhere. Trampling the burned area to form a continuous damaged approximately 80 percent of could easily result in damage to dense stand (NMDGF 2005, pp. 19–21). stream and riparian ecosystems in the seedlings, rosettes, and flowering stalks, Stands of P. australis have also recently western United States (Belsky et al. thereby preventing reproduction by become a dominant plant in other C. 1999, p. 419). The damage occurs from affected plants. It is possible that elk wrightii localities (Sivinski 2005a, pp. increased sedimentation, decreased and livestock grazing within and 3–4; Sivinski and Bleakly 2004, p. 5). water quality, and trampling and adjacent to spring ecosystems could Controlled burns have been overgrazing of stream banks where alter or remove habitat or limit the implemented on BLNWR to burn grass, succulent forage exists (Armour et al. distribution of Cirsium wrightii; sedge, cattail, and nonnative vegetation 1994, p. 10; Belsky et al. 1999, p. 419; however, we found little information to (e.g., Salsola spp. (Russian thistle and Fleischner 1994, p. 631). Moreover, support this possibility. Still, we believe tumbleweed)), in an attempt to reduce many acres of marsh habitats at Santa the observations of livestock and elk the risk of large uncontrolled wildfires Rosa have also been plowed and herbivory and trampling that directly by removing excessive amounts of converted to Festuca pratensis (meadow affect C. vinaceum and its habitat likely Salsola spp. and P. australis (Service fescue) pasture for livestock grazing are also occurring in some of the C. 2006). This may temporarily reduce the (Service 2005, p. 10; Corps 2007, p. 25). wrightii localities; however, it is threat of wildfire in one area of BLNWR, In the semi-arid southwestern United unknown whether these are localized or but repeated prescribed burns are likely States, wet marshes and other habitat of widespread threats to the species. needed to continually suppress P. C. wrightii attract ungulates because of In summary, while livestock activities australis growth (Service 2006, pp. 4–5). the availability of water and high- do not appear to be a widespread threat No measures are being implemented quality forage (e.g., see Hendrickson and at the current time, localized impacts in the other localities to reduce P. Minckley 1984, p. 134). Similar to C. have been observed, and increased use australis. Moreover, temperatures from vinaceum, dry periods likely increase of wet springs and marshes during prescribed burns are rarely high enough the effects of livestock trampling and drought conditions constitutes a threat to be lethal to P. australis or to penetrate herbivory on C. wrightii when other in the foreseeable future. We will deeply into the wet or moist soils water and forage plants are not available continue to monitor livestock grazing common in their habitat (Forest Service (75 FR 30761, June 2, 2010). Grazing and trampling to determine whether C. 2010 and references therein). Prescribed may be more concentrated within wrightii is threatened. fire burns above-ground parts of P. habitats similar to those occupied by C. australis, but below-ground rhizomes wrightii during drought years, when Wetland Filling and Development usually survive and produce plants later livestock are prone to congregate in As described below, wetland filling in the growing season or in subsequent wetland habitats or where forage and development has impacted the

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Santa Rosa locality, but does not appear further modified by ongoing and future AGFD 2001, p. 2). This exotic weevil to be a threat to the species. A water withdrawal. Changes in water has recently been found in habitat substantial percentage of wetlands in tables throughout the range of C. occupied by C. wrightii, C. vinaceum, the Santa Rosa area have disappeared in wrightii have also resulted in and the exotic Carduus nutans at the the last 50 to 80 years (Metric diminished discharge from springs or Silver Springs locality (Sivinski 2007, Corporation et al. 2002, p. 5). Springs complete loss of surface water. p. 6; Gardner and Thompson 2008, p. 4). that fed suitable habitat for Helianthus Therefore, there has been a trend of It is not known where Trichosirocalus paradoxus and likely also contained diminishing habitat quantity and horridus came from or whether they Cirsium wrightii have been converted to excessive degradation of habitat quality were intentionally released (Gardner swimming pools and fishing ponds or for the species throughout its range, as 2010, p. 3); however, this exotic rosette drained and filled for sports fields in the a result of agriculture and urban weevil is also present in Carduus towns of Roswell and Santa Rosa, New development, diversion of springs, and nutans populations ranging from the Mexico (e.g., see Sivinski and Bleakly drought. Moreover, the presence of and northern extent of the Mescalero 2004, p. 1; Service 2005, p. 8). effects from Phragmites australis Apache reservation south to Agua Moreover, some springs and associated threatens C. wrightii localities through Chiquita canyon in the Sacramento wetlands where C. wrightii occurred increased fire risk, competition, and Mountains. have been drained and developed, and changes in hydrology. On the basis of Rhinocyllus conicus is not host the potential for further development the information presented above, we specific to Carduus species and has exists (Metric Corporation 2001; Metric find that Cirsium wrightii may be been found living on 22 of the North Corporation et al. 2002; Sivinski 2009a, threatened by the present or threatened American Cirsium species (Louda et al. p. 1; Sivinski and Bleakly 2004, p. 1; destruction, modification, or 2003). This weevil is available from Service 2008b, p. 42). curtailment of its habitat, both now and commercial suppliers and is easily Some of the Cirsium wrightii in the foreseeable future. gathered and transported from occurrences within the Santa Rosa established colonies. Breeding and egg locality continue to be impacted B. Overutilization for Commercial, placement by R. conicus begins in mid- through filling and development and Recreational, Scientific, or Educational June, peaks in early July, and continues regular mowing. C. wrightii occurs at the Purposes into August (Sivinski 2008, p. 5). Newly Blue Hole fish hatchery ponds that are We do not have any evidence of risks hatched larvae bury into the flower head owned by the City of Santa Rosa to Cirsium wrightii from overutilization and feed on the tissue. Most R. conicus (Sivinski 1996, p. 4). The City of Santa for commercial, recreational, scientific, at the Silver Springs locality emerge Rosa plans to dredge and fill these or educational purposes, and we have from the flower heads by early ponds for municipal use in the no reason to believe this factor will September; however, some immature foreseeable future (Service 2008b, p. 42), become a threat to the species in the larvae were still present in the flower which would undoubtedly impact the future. Therefore, we find heads of C. vinaceum in September species. A similar action occurred in overutilization for commercial, (Sivinski 2008, p. 5). Flower heads of C. 2001 when the C. wrightii population at recreational, scientific, or educational wrightii grow during late July to early Power Dam Municipal Park in Santa purposes does not threaten C. wrightii August, which overlaps with developing Rosa was extirpated when the reservoir now or in the foreseeable future. and feeding larvae of R. conicus. The was drained (Sivinski 2005a, p. 3; establishment of R. conicus beyond the 2009a, p. 1). Numerous wetlands in C. Disease or Predation Silver Springs locality will likely occur Santa Rosa were also lost many years Disease in the near future because stands of C. ago to an impoundment, in which 17 nutans are common in many of the ponds were created and used for a fish Cirsium wrightii is not known to be drainages throughout the Sacramento hatchery. The fish hatchery has since affected or threatened by any disease. Mountains (Gardner and Thompson been abandoned, and all but four of the Therefore, we find that disease does not 2008, p. 4), and we are concerned that ponds filled. The remaining adjacent threaten C. wrightii now or in the it may spread to C. wrightii populations. 116 ac (47 ha) of the Blue Hole Cienaga foreseeable future. For these reasons, we intend to monitor were purchased by the State of New Insect Predation localities in the Sacramento Mountains Mexico to protect habitat that includes to determine whether C. wrightii could the Federally threatened Helianthus Native and nonnative insect be a potential host and possibly paradoxus, C. wrightii, and the State- populations have the potential to impact threatened by R. conicus infestations. endangered Spiranthes the condition, reproduction, and Trichosirocalus horridus, feeds on magnicamporum (Great Plains lady’s distribution of Cirsium wrightii. Carduus nutans during the rosette stage, tresses) (New Mexico State Forestry Observed seed predators on the similar killing first-year rosettes and stopping 2008, p. 1). Although we are not aware C. vinaceum in the Sacramento the growth of older plants. This weevil of any other specific residential or Mountains include Paracantha gentilis, is available from commercial suppliers commercial development plans at this a native specialist gall fly; Platyptilia or can be gathered and transported from or other localities, actions that drain or carduidactyla, the native artichoke established colonies (Flanders et al. fill wetlands or other habitat occupied plume moth; Euphoria inda, a native 2001, p. 4; Jennings et al. 2010, pp. 4– by the species would impact C. wrightii. generalist bumble flower beetle; 5). Moreover, T. horridus is capable of Rhinocyllus conicus, an introduced spreading at least a mile (1.61 km) per Summary of Factor A seed-head weevil; and Trichosirocalus year on their own (Flanders et al. 2001, In summary, we found that past and horridus, an introduced rosette weevil p. 4). Adults emerge from summer present alteration of rare desert springs, (Sivinski 2008, pp. 1–11; Gardner 2010, resting places in the fall. They lay eggs seeps, and wetland habitats that support pp. 2–3). There have been intentional in the midrib of thistle leaves, and Cirsium wrightii is a significant threat. releases of Rhinocyllus conicus to complete egg-laying in the spring. After The four largest localities of C. wrightii control Carduus nutans (musk thistle) 10 to 12 days, the eggs hatch, and the at Blue Spring, BLNWR, Santa Rosa, and (Sivinski 1994, p. 2; 2007, p. 6; young weevils tunnel from the midrib Alamosa Creek have the potential to be NMRPTC 2009, p. 2; Bridge 2001, p. 1; into the rosette, feeding and causing

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damage or possibly killing the crown meeting the Corps criteria of having currently protected from the tissue. The new adults emerge in May hydric (wet) soils, hydrology (either a construction and maintenance of and June, feed briefly, and pass the defined minimum duration of irrigation facilities and functionally summer in a period of inactivity continuous inundation or saturation of related structures, which are exempt (Flanders et al. 2001, p. 3). We are soil during the growing season), and a from Section 404 of the CWA, and concerned about potential effects to C. plant community that is predominantly therefore, do not receive any general wrightii and intend to monitor C. hydrophytic vegetation (plants protections that may have resulted from wrightii localities to determine if this specifically adapted for growing in a status determination and permitting introduced rosette weevil threatens the wetland environment). Much of the process by the Corps (e.g., see Corps species. habitat occupied by Cirsium wrightii 2007). Finally, we are not aware of any Rhinocyllus conicus and a native qualifies as wetlands. Corps permits that have been issued for predator, the stem borer weevil (Lixus Any discharge of dredged or fill the habitat where this species occurs or pervestitus), caused a widespread material into waters of the United historically occurred, indicating that premature stem death to the flower States, including wetlands, requires a there is little protection provided to C. heads of the Silver Springs population permit from the Corps. These include wrightii through the CWA. of the endangered C. vinaceum, which individual permits, which would be Additionally, recent court cases limit co-occurs with C. wrightii (Sivinski issued following a review of an the Corps’ ability to utilize the CWA to 2007, pp. 8–12). These 2 insects individual application, and general regulate the discharge of fill or dredged collectively damaged up to 99 percent of permits that authorize a category or material into the aquatic environment C. vinaceum within the Silver Springs categories of activities in a specific within the current range of Cirsium locality, resulting in nearly complete geographical location or nationwide (33 wrightii (Solid Waste Agency of die-off of flowering stems (Sivinski CFR parts 320–330). General and special Northern Cook County v. U.S. Army 2008, p. 9, 2009b). Thus far, L. permit conditions may vary among the Corps of Engineers, 531 U.S. 159 (2001) pervestitus has not been found on C. various general permits. Although the (SWANCC)). Additionally, there may be vinaceum outside of the Silver Springs use of any individual or general permit instances where wet marshes occupied population, and little is known about requires compliance with the Act when by C. wrightii lack sufficient connection this insect species in New Mexico there are threatened or endangered to waters of the United States for the (Sivinski 2008, pp. 10–11). species present, only three (Santa Rosa, Corps to assert jurisdiction under the Nevertheless, the reproductive output of BLNWR, and Silver Springs) of the eight authority of the CWA. For example, the the population of C. vinaceum at Silver localities co-occur with either Corps frequently cites the SWANCC Springs was greatly reduced by these Helianthus paradoxus or Cirsium decision as their reason for not taking insects. Similarly, it is unknown if these vinaceum, which are both listed under jurisdiction over water bodies that do weevils feed on C. wrightii or have the the Act. Even at these three localities, not meet the definition of waters of the same level of impact as that of C. we are not aware of any protections that United States. For these reasons, we vinaceum. have been provided by the CWA. conclude that regulation of wetland While the CWA provides a means for filling by the Corps under the CWA is Summary of Factor C the Corps to regulate the discharge of inadequate to protect C. wrightii from In summary, it is not known at this dredged or fill material into waters and further decline. wetlands of the United States, it does time whether insect predators would State of New Mexico decrease seed production and increase not always provide adequate protection the threat to the existence of C. wrightii of wetlands. Private and State The State of New Mexico lists Cirsium populations. The potential for insect landowners of wetlands are often wrightii as endangered under the New predators to become a threat to C. unaware of this permitting requirement, Mexico Endangered Plant Species Act wrightii in the future needs to be and may fill or drain their lands without (9–10–10 NMSA). As such, C. wrightii is monitored and evaluated. Therefore, we requesting determination of wetland protected from unauthorized collection, intend to monitor populations, status or a permit (Service 2005, p. 22). transport, or sale. This law prohibits the especially in the Sacramento For example, in 2003, the New Mexico taking, possession, transportation and Mountains, for impact due to insect Department of Transportation violated exportation, selling or offering for sale predation. the CWA in the right-of-way of Highway of any listed plant species. Listed 91 in Santa Rosa within Helianthus species can be collected only under D. The Inadequacy of Existing paradoxus habitat (Service 2008c, p. 12; permit from the State of New Mexico for Regulatory Mechanisms New Mexico Department of scientific studies and impact mitigation. One primary cause of decline of Transportation 2003, pp. 1–2). In 2001, However, this law does not provide any Cirsium wrightii is the loss, degradation, the New Mexico Department of protection for C. wrightii habitat. and fragmentation of habitat due to Transportation also mowed Helianthus Moreover, there are no statutory human activities. Federal and State laws paradoxus in the wetland within the requirements under the jurisdiction of have been insufficient to prevent past right-of-way of La Pradira Avenue (now the State of New Mexico that serve as an and ongoing losses of the limited habitat Blue Hole Road) and proposed to effective regulatory mechanism for of the species, and are unlikely to destroy at least 20 C. wrightii plants in reducing or eliminating the threats (see prevent further declines. conjunction with reconstruction of the Factors A and C above) that may road (Metric Corporation 2001, pp. 12, adversely affect C. wrightii or its habitat. Clean Water Act 21). Many applicants are required to Nor are there any requirements under Pursuant to section 404 of the Clean provide compensation for wetlands the New Mexico State statutes to Water Act (CWA) (33 U.S.C. 1344), the losses (i.e., no net loss), and many develop a recovery plan that will restore U.S. Army Corps of Engineers (Corps) smaller impact projects remain largely and protect existing habitat for the regulates the discharge of dredged or fill unmitigated, unless specifically species. Therefore, the species does not material into all waters of the United required by other environmental laws have a recovery plan, conservation plan, States, including wetlands. In general, such as the Act. Specifically, we found or conservation agreement. For these the term ‘‘wetlands’’ refers to areas that C. wrightii localities are not reasons, we find that existing New

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Mexico State regulatory mechanisms are Similarly, the species lacks adequate Transportation injured or killed C. currently inadequate to protect C. regulatory protection from its various wrightii, as well as the Federally wrightii. As noted, these designations designations—a Forest Service sensitive threatened species C. vinaceum and provide no regulatory protection for the species, or endangered status by the Argemone pleiacantha ssp. pinnatisecta habitat or the species to prevent further State of New Mexico, because these (Sacramento prickly poppy) (Tonne decline. designations only serve to notify the 2007). Additionally, in June 2010, herbicide was applied to the highway 91 Other Federal Protections public of the species’ status and do not require conservation or management right-of-way in Santa Rosa, likely killing Under the Federal Land Policy and actions. We are not aware of any other or injuring C. wrightii and Helianthus Management Act of 1976 (43 U.S.C. existing regulatory mechanisms. paradoxus (Service 2010c, p. 1). 1701 et seq.) and the National Forest Cirsium wrightii is currently threatened The indirect effects of herbicide Management Act of 1976 (16 U.S.C. by the inadequacy of existing regulatory application also have the potential to 1600 et seq.), the Forest Service is mechanisms. This will continue into the affect the species. For example, in 2002, directed to prepare programmatic-level foreseeable future. shortly after application in upland management plans to guide long-term areas, heavy rains washed the common resource management decisions. Under E. Other Natural or Manmade Factors herbicide tebuthiuron into Threemile this direction, Cirsium wrightii is on the Affecting the Species’ Continued Draw, a tributary to the Black River, in Regional Forester’s Sensitive Species Existence the vicinity of the Blue Spring locality List (Forest Service 2008a). The Forest Hybridization (NMDGF 2007, p. 24). Farmers Service policy (FSM 2670.3) states that downstream in Malaga reported damage biological evaluations must be Cirsium wrightii is capable of to irrigated crops from this herbicide. It completed for sensitive species and crossbreeding with other native Cirsium is unknown whether this affected C. signed by a journey-level biologist or species to produce hybrid offspring wrightii, but demonstrates that indirect botanist. The Lincoln National Forest (Correll and Johnston 1979, p. 1719; effects from herbicide application on will continue developing biological NMRPTC 2009, p. 2; Worthington 2002). upland areas may also impact riparian evaluation reports and conducting For example, Cirsium species observed vegetation. After reviewing this analyses under the National at Rattlesnake Springs (Carlsbad information, we find that effects from Environmental Policy Act (42 U.S.C. Caverns National Park), New Mexico, herbicide use have the potential to 4321 et seq.) for each project that will show characteristics that are impact C. wrightii, but are currently not affect Cirsium wrightii or its habitat. intermediate between C. wrightii and C. known to be impacting most localities. Nevertheless, only 2 of the 8 general texanum (NMRPTC 2009, p. 2). This Oil and Gas Development and Mining localities occur on Forest Service lands, Cirsium population blooms in May and these are extremely small, rather than in August through October, Oil and gas development occurs in composed of less than 70 plants total. as is typical of C. wrightii. C. wrightii some areas occupied by Cirsium Therefore, even if protections were sometimes occurs with the threatened C. wrightii. Since 2001, there has been a afforded to the species due to its Forest vinaceum in the Sacramento Mountains, significant expansion of oil and gas Service sensitive-species status, the where a few hybrids between these rare operations in Eddy County, especially number of localities are insufficient to taxa have been observed; however, within the Black River watershed and, conserve C. wrightii rangewide. hybrid plants are uncommon (Service in particular, around Blue Spring 2008a, p. 13; Worthington 2002). While (NMDGF 2007, pp. 18–19; NMDGF Incidental Protections Resulting From hybridization between C. wrightii and 2005, p. 35). Several low-water Association With Other Listed Species other Cirsium species has been crossings span the Black River. Transit BLNWR was established in 1937 as observed, it is uncommon, and does not of heavy trucks carrying petroleum- wintering and breeding grounds for appear to be a threat to C. wrightii. derived products could result in surface water contamination from leakage or migratory birds. Cirsium wrightii was Herbicide Use not known to occur on the refuge until accidents (NMDGF 2007a, p. 20). 1998 (Service 1998). Consequently, Cirsium wrightii is likely eliminated Similarly, oil and gas development in management was directed primarily at from its habitat by individuals that this area of southeastern New Mexico creating dikes so that ponds could be believe it is a noxious weed, due to its has the potential to impact groundwater created and their water levels controlled large and conspicuous size (Sivinski (Goodbar 2007, pp. 213–214). As an for the benefit of waterfowl. This likely 1996, p. 10). At least one locality in the example, there is a history of oil and gas was beneficial to C. wrightii by Sacramento Mountains is currently industry operations on and adjacent to unknowingly creating more habitat. susceptible to herbicide application or BLNWR, which have resulted in the Although current management of mowing because it is found in spillage of oil and brine onto the refuge BLNWR recognizes and includes association with an introduced weed (Service 2005a; NMDGF 2002, pp. 3–4). Federally listed species in its (Arctium minus (burdock)) within the Development of oil and gas wells is maintenance and operations, because C. highway right-of-way that is frequently anticipated to continue into the wrightii is not a Federally threatened or treated (Sivinski 1996, p. 6). Another foreseeable future in the proximity of C. endangered species, we are aware of locality of C. wrightii in the Sacramento wrightii habitat (e.g., see Service 2005a, only one project that has specifically Mountains is surrounded by dense p. 46306). Oil drilling also occurs considered and incorporated measures stands of Centaurea melitensis (Malta throughout the Roswell Basin and Eddy to limit impacts on the species or star-thistle) that could also potentially County, New Mexico (NMDGF 2002, pp. specifically analyzed whether actions be treated with herbicides (Sivinski 2–4, 2005a, pp. 25, 78; Service 2005a, p. proposed by the refuge would cause any 1996, p. 6). If herbicides are applied to 46315; Goodbar 2007). This activity and adverse effects (Service 2010a, p. 7). other localities, C. wrightii could be associated actions can threaten the impacted. For example, in June 2007, on water quality of the aquifer on which Summary of Factor D Federal Highway 82 in Otero County, a this species depends. Petroleum In summary, Cirsium wrightii receives misapplication of herbicide by the State contamination has also been reported inadequate protection from the CWA. of New Mexico Department of from the Black River and areas adjacent

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to BLNWR (NMDGF 2005a, pp. 18–19; because C. wrightii grows in saturated weed covers an alkaline spring seep Richard 1989). substrates that are not suitable habitat similar to some of the C. wrightii Additionally, a permit was recently for these exotic trees. Nevertheless, they habitats in the Sacramento Mountains issued by the New Mexico Energy, do invade wetlands when the area dries (Sivinski 2006b, p. 15). If it also spreads Minerals and Natural Resources (e.g., due to severe drought) and, once to any of the eight localities, this Department for subsurface drilling and they become established, can survive in aggressive wetland weed could impact exploration of the mineral bertrandite wet habitats when the moisture returns C. wrightii habitat. on Sullivan Ranch (New Mexico Mining (Sivinski 2007, p. 2). Still, Tamarix ssp. We currently have no information that and Minerals Division 2010), near the C. may impact spring habitats primarily these introduced plants are immediate wrightii locality at Alamosa Springs, through the amount of water it threats to Cirsium wrightii. However, Socorro County, New Mexico, which consumes, and from the chemical Carduus nutans may be serving as a has the potential to affect the species composition of the leaves it drops on vector for Rhinocyllus conicus, the (Sivinski 2009c; NMDGF 2000). the ground and into the springs. exotic seed head weevil, discussed However, no specific assessment of Tamarix ssp. leaves add salt to the soil under Factor C. Based on possible potential water quality threats has been through its leaf litter (the leaves contain interactions with water availability and conducted, and it is unknown whether salt glands) (Di Tomaso 1998). Because climate change, these exotic plants a decrease in water quality from oil and Tamarix ssp. grow along the edge of could potentially threaten C. wrightii in gas development or contamination from water courses, it is possible that this the future; however, we do not believe exploration of minerals would affect the could affect the soil chemistry of areas they pose a current threat. growth or reproduction of C. wrightii to inhabited by C. wrightii. However, no Summary of Factor E such an extent as to constitute a research has been conducted widespread threat to the species. specifically on the effect of Tamarix ssp. In summary for Factor E, we do not Nevertheless, oil and other or E. angustifolia on C. wrightii. currently consider hybridization, contaminants from development and Salsola spp. (Russian thistle; herbicide use, oil and gas development drilling activities throughout these areas tumbleweed) is another introduced and mining as threats to the species; could enter the aquifer supplying the plant species that has the potential to however, these may become threats in springs and seeps inhabited by C. degrade spring ecosystems. Salsola spp. the future. Similarly, except for wrightii when the limestone layers are is not a riparian species like Tamarix Phragmites australis, we do not pierced by drilling activities. An spp. (salt cedar) or Phragmites australis; consider invasive plants as a significant accidental oil spill or groundwater however, the plant can accumulate in threat to the species now; however, they contamination has the potential to spring channels following wind storms. could potentially threaten Cirsium pollute water sources that support C. In 2005, BLNWR conducted an wrightii in the foreseeable future. We do wrightii and potentially threaten the emergency Intra-Service consultation consider Phragmites australis to be a species in the foreseeable future, under section 7 of the Act for the threat to C. wrightii localities as a result although it is unclear whether these removal of Salsola spp. and Kochia of the increased fire risk, competition, impacts would be localized or scoparia (tumbleweed) from a spring and changes in hydrology its presence widespread threats to the species. ditch (Service 2005b). Wind had blown causes. these plants into the channel to a depth Invasive Plants Finding of 3 to 4 ft (0.9 to 1.2 m), completely The potential impact of Phragmites shading the water and overloading the We have carefully assessed the best australis on Cirsium wrightii habitat has small channel with organic material. scientific and commercial information been discussed in threat factor A, above. Noel (1954, p. 124) also reported Salsola available regarding the past, present, The following additional invasive spp. accumulating in a spring near and future threats to Cirsium wrightii. terrestrial plant species have the Roswell. We are not aware of this Section 3(6) of the Act defines an potential to affect C. wrightii at most situation occurring at other localities, endangered species as ‘‘any species localities: Lythrum salicaria (purple but we have not regularly monitored all which is in danger of extinction loosestrife), Elaeagnus angustifolia Cirsium wrightii localities for Salsola throughout all or a significant portion of (Russian olive), Tamarix ssp., Salsola spp. occurrences. Therefore, it is its range,’’ and section 3(20) defines a spp., Dipsacus fullonum (teasel), unknown whether this is a threat to the threatened species as ‘‘any species Carduus nutans, Conium maculatum species. Nevertheless, control of Salsola which is likely to become an (poison hemlock), Centaurea melitensis, spp. is an ongoing management activity endangered species within the Cirsium arvense (Canada thistle), and at BLNWR, and may occur within areas foreseeable future throughout all or a Cirsium vulgare (bull thistle). These occupied by C. wrightii. significant portion of its range.’’ Under plants present unique challenges and The eight localities of Cirsium wrightii the Act and our implementing potential threats to the habitat of C. generally lack large, aggressive, exotic regulations, a species may warrant wrightii. However, most of the exotic wetland weeds, such as Lythrum listing if it is endangered or threatened plants cannot tolerate the continuously salicaria (purple loosestrife), which throughout all or a significant portion of saturated substrates that are typical in C. could dominate C. wrightii habitat. its range. The threats to C. wrightii occur wrightii habitats. Lythrum salicaria is a Eurasian species throughout its range and generally are For example, Carduus nutans infests that has been modifying wetlands and not restricted to any particular much of the riparian habitat on Lincoln outcompeting native species in North significant portion of that range. National Forest (Gardner and Thompson America for many decades (Natural Accordingly, our assessment and 2008, pp. 1, 4), but does not appear to Resources Conservation Service 2000, proposed determination applies to the impact C. wrightii through competition. pp. 1–2). Lythrum salicaria appeared in species throughout its entire range. Sivinski (1996, p. 6) reports that New Mexico in the 1990s and is extant Cirsium wrightii faces threats from Tamarix spp. and E. angustifolia are in the Mimbres Mountains, Grant present or threatened destruction, becoming dominant in many riparian County and Sandia Mountains, modification, and curtailment of its and wetland areas, but that these Bernalillo County. The Sandia habitat, primarily from natural and species likely do not threaten C. wrightii Mountains occurrence of this invasive human-caused modifications of its

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habitat due to ground and surface water Under the Service’s guidelines, the Work on a proposed listing depletion, drought, and invasion of magnitude of threat is the first criterion determination for Cirsium wrightii is Phragmites australis (Factor A), and we look at when establishing a listing precluded by work on higher priority from the inadequacy of existing priority. The guidance indicates that listing actions with absolute statutory, regulatory mechanisms (Factor D). species with the highest magnitude of court-ordered, or court-approved Cirsium wrightii occupies relatively threat are those species facing the deadlines and final listing small areas of seeps, springs, and greatest threats to their continued determinations for those species that wetland habitat in an arid region existence. These species receive the were proposed for listing with funds plagued by drought and ongoing and highest listing priority. We consider the from previous fiscal years. This work future water withdrawals. The species’ threats that Cirsium wrightii faces to be includes all the actions listed in the highly specific requirements of moderate in magnitude because the tables below under expeditious saturated soils with surface or major threats (habitat loss and progress. subsurface water flow make it degradation due to alteration of the Preclusion and Expeditious Progress particularly vulnerable to these threats hydrology of its rare wetland habitat), to an extent that the species may while serious and occurring rangewide, Preclusion is a function of the listing become endangered within the do not collectively rise to the level of priority of a species in relation to the foreseeable future, depending primarily high magnitude, relative to other resources that are available and on how much modification or drying of species. The species occurs only in competing demands for those resources. its limited amount of habitat may occur. areas that are water-saturated and Thus, in any given fiscal year (FY), We find that Cirsium wrightii is likely populations have a high potential for multiple factors dictate whether it will to become endangered throughout all or extirpation when habitat dries due to be possible to undertake work on a a significant portion of its range within ground and surface water depletion, proposed listing regulation or whether the foreseeable future based on the draining of wetlands, or drought. promulgation of such a proposal is warranted but precluded by higher- threats described above. Therefore, on Under our LPN guidelines, the second the basis of the best available scientific priority listing actions. criterion we consider in assigning a The resources available for listing and commercial information, we find listing priority is the immediacy of that Cirsium wrightii meets the actions are determined through the threats. This criterion is intended to annual Congressional appropriations definition of endangered or threatened ensure that the species facing actual, in accordance with sections 3(6) and process. The appropriation for the identifiable threats are given priority Listing Program is available to support 4(a)(1) of the Act and listing is over those for which threats are only warranted. While we conclude that work involving the following listing potential or that are intrinsically actions: Proposed and final listing rules; listing C. wrightii is warranted, an vulnerable but are not known to be immediate proposal to list this species 90-day and 12-month findings on presently facing such threats. We is precluded by other higher priority petitions to add species to the Lists of consider all of the threats to be listings, which we address below. Endangered and Threatened Wildlife imminent because we have factual and Plants (Lists) or to change the status Listing Priority Number information that the threats are of a species from threatened to The Service adopted guidelines on identifiable and that the species is endangered; annual determinations on September 21, 1983 (48 FR 43098) to currently facing them in many portions prior ‘‘warranted but precluded’’ petition establish a rational system for utilizing of its range. Long-term drought, in findings as required under section available resources for the highest combination with ground and surface 4(b)(3)(C)(i) of the Act; critical habitat priority species when adding species to water withdrawal, pose a current and petition findings; proposed and final the Lists of Endangered or Threatened future threat to C. wrightii and its rules designating critical habitat; and Wildlife and Plants or reclassifying habitat. These actual, identifiable litigation-related, administrative, and species listed as threatened to threats are covered in greater detail in program-management functions endangered status. These guidelines, Factors A and D of this finding. All of (including preparing and allocating titled ‘‘Endangered and Threatened the threats are ongoing and therefore budgets, responding to Congressional Species Listing and Recovery Priority imminent. In addition to their current and public inquiries, and conducting Guidelines’’ address the immediacy and existence, we expect these threats to public outreach regarding listing and magnitude of threats, and the level of continue and likely intensify in the critical habitat). The work involved in taxonomic distinctiveness by assigning foreseeable future. preparing various listing documents can priority in descending order to The third criterion in our Listing be extensive and may include, but is not monotypic genera (genus with one Priority Number guidance is intended to limited to: Gathering and assessing the species), full species, and subspecies (or devote resources to those species best scientific and commercial data equivalently, distinct population representing highly distinctive or available and conducting analyses used segments of vertebrates). isolated gene pools as reflected by as the basis for our decisions; writing As a result of our analysis of the best taxonomy. Cirsium wrightii is a valid and publishing documents; and available scientific and commercial taxon at the species level and, therefore, obtaining, reviewing, and evaluating information, we have assigned Cirsium receives a higher priority than public comments and peer review wrightii a Listing Priority Number (LPN) subspecies, but a lower priority than comments on proposed rules and of 8, based on our finding that the species in a monotypic genus. incorporating relevant information into species faces threats that are of Therefore, we assigned Cirsium wrightii final rules. The number of listing moderate magnitude and are imminent. an LPN of 8. actions that we can undertake in a given These threats include the present or We will continue to monitor the year also is influenced by the threatened destruction, modification or threats to Cirsium wrightii and the complexity of those listing actions; that curtailment of its habitat; predation; and species’ status on an annual basis, and is, more complex actions generally are the inadequacy of existing regulatory should the magnitude or the imminence more costly. The median cost for mechanisms. These threats are ongoing of the threats change, we will re-visit preparing and publishing a 90-day and therefore considered imminent. our assessment of the LPN. finding is $39,276; for a 12-month

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finding, $100,690; for a proposed rule Congress identified the availability of management functions; and high- with critical habitat, $345,000; and for resources as the only basis for deferring priority listing actions for some of our a final listing rule with critical habitat, the initiation of a rulemaking that is candidate species. In 2009, the the median cost is $305,000. warranted. The Conference Report responsibility for listing foreign species We cannot spend more than is accompanying Public Law 97–304, under the Act was transferred from the appropriated for the Listing Program which established the current statutory Division of Scientific Authority, without violating the Anti-Deficiency deadlines and the warranted-but- International Affairs Program, to the Act (see 31 U.S.C. 1341(a)(1)(A)). In precluded finding, states that the Endangered Species Program. Starting addition, in FY 1998 and for each fiscal amendments were ‘‘not intended to in FY 2010, a portion of our funding is year since then, Congress has placed a allow the Secretary to delay being used to work on the actions statutory cap on funds which may be commencing the rulemaking process for described above as they apply to listing expended for the Listing Program, equal any reason other than that the existence actions for foreign species. This has the to the amount expressly appropriated of pending or imminent proposals to list potential to further reduce funding for that purpose in that fiscal year. This species subject to a greater degree of available for domestic listing actions. cap was designed to prevent funds threat would make allocation of Although there are currently no foreign appropriated for other functions under resources to such a petition [that is, for species issues included in our high- the Act (for example, recovery funds for a lower-ranking species] unwise.’’ priority listing actions at this time, removing species from the Lists), or for Although that statement appeared to many actions have statutory or court- other Service programs, from being used refer specifically to the ‘‘to the approved settlement deadlines, thus for Listing Program actions (see House maximum extent practicable’’ limitation increasing their priority. The allocations Report 105–163, 105th Congress, 1st on the 90-day deadline for making a for each specific listing action are Session, July 1, 1997). ‘‘substantial information ’’ finding, that identified in the Service’s FY 2010 Since FY 2002, the Service’s budget finding is made at the point when the Allocation Table (part of our has included a critical habitat subcap to Service is deciding whether or not to administrative record). ensure that some funds are available for commence a status review that will Based on our September 21, 1983, other work in the Listing Program (‘‘The determine the degree of threats facing guidance for assigning an LPN for each critical habitat designation subcap will the species, and therefore the analysis candidate species (48 FR 43098), we ensure that some funding is available to underlying the statement is more have a significant number of species address other listing activities’’ (House relevant to the use of the warranted-but- with an LPN of 2. Using this guidance, Report No. 107–103, 107th Congress, 1st precluded finding, which is made when we assign each candidate an LPN of 1 Session, June 19, 2001)). In FY 2002 and the Service has already determined the to 12, depending on the magnitude of each year until FY 2006, the Service has degree of threats facing the species and threats (high vs. moderate to low), had to use virtually the entire critical is deciding whether or not to commence immediacy of threats (imminent or habitat subcap to address court- a rulemaking. nonimminent), and taxonomic status of mandated designations of critical In FY 2010, expeditious progress is the species (in order of priority: habitat, and consequently none of the that amount of work that can be monotypic genus (a species that is the critical habitat subcap funds have been achieved with $10,471,000, which is the sole member of a genus); species; or part available for other listing activities. In amount of money that Congress of a species (subspecies, distinct FY 2007, we were able to use some of appropriated for the Listing Program population segment, or significant the critical habitat subcap funds to fund (that is, the portion of the Listing portion of the range)). The lower the proposed listing determinations for Program funding not related to critical listing priority number, the higher the high-priority candidate species. In FY habitat designations for species that are listing priority (that is, a species with an 2009, while we were unable to use any already listed). However these funds are LPN of 1 would have the highest listing of the critical habitat subcap funds to not enough to fully fund all our court- priority). Because of the large number of fund proposed listing determinations, ordered and statutory listing actions in high-priority species, we have further we did use some of this money to fund FY 2010, so we are using $1,114,417 of ranked the candidate species with an the critical habitat portion of some our critical habitat subcap funds in LPN of 2 by using the following proposed listing determinations so that order to work on all of our required extinction-risk type criteria: the proposed listing determination and petition findings and listing International Union for the proposed critical habitat designation determinations. This brings the total Conservation of Nature and Natural could be combined into one rule, amount of funds we have for listing Resources (IUCN) Red list status/rank, thereby being more efficient in our actions in FY 2010 to $11,585,417. Our Heritage rank (provided by work. In FY 2010, we are using some of process is to make our determinations of NatureServe), Heritage threat rank the critical habitat subcap funds to fund preclusion on a nationwide basis to (provided by NatureServe), and species actions with statutory deadlines. ensure that the species most in need of currently with fewer than 50 Thus, through the listing cap, the listing will be addressed first and also individuals, or 4 or fewer populations. critical habitat subcap, and the amount because we allocate our listing budget Those species with the highest IUCN of funds needed to address court- on a nationwide basis. The $11,585,417 rank (critically endangered), the highest mandated critical habitat designations, is being used to fund work in the Heritage rank (G1), the highest Heritage Congress and the courts have in effect following categories: compliance with threat rank (substantial, imminent determined the amount of money court orders and court-approved threats), and currently with fewer than available for other listing activities. settlement agreements requiring that 50 individuals, or fewer than 4 Therefore, the funds in the listing cap, petition findings or listing populations, originally comprised a other than those needed to address determinations be completed by a group of approximately 40 candidate court-mandated critical habitat for specific date; section 4 (of the Act) species (‘‘Top 40’’). These 40 candidate already-listed species, set the limits on listing actions with absolute statutory species have had the highest priority to our determinations of preclusion and deadlines; essential litigation-related, receive funding to work on a proposed expeditious progress. administrative, and listing program- listing determination. As we work on

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proposed and final listing rules for those endangered are lower priority, since as for listing and the competing demands 40 candidates, we apply the ranking listed species, they are already afforded for those funds. (Although we do not criteria to the next group of candidates the protection of the Act and discuss it in detail here, we are also with an LPN of 2 and 3 to determine the implementing regulations. However, for making expeditious progress in next set of highest priority candidate efficiency reasons, we may choose to removing species from the list under the species. work on a proposed rule to reclassify a Recovery program in light of the To be more efficient in our listing species to endangered if we can resource available for delisting, which is process, as we work on proposed rules combine this with work that is subject funded by a separate line item in the for the highest priority species in the to a court-determined deadline. budget of the Endangered Species next several years, we are preparing As explained above, a determination Program. During FY 2010, we have multi-species proposals when that listing is warranted but precluded appropriate, and these may include must also demonstrate that expeditious completed two proposed delisting rules species with lower priority if they progress is being made to add and and two final delisting rules.) Given the overlap geographically or have the same remove qualified species to and from limited resources available for listing, threats as a species with an LPN of 2. the Lists of Endangered and Threatened we find that we made expeditious In addition, available staff resources are Wildlife and Plants. As with our progress in FY 2010 in the Listing also a factor in determining high- ‘‘precluded’’ finding, the evaluation of Program. This progress included priority species provided with funding. whether progress in adding qualified preparing and publishing the following Finally, proposed rules for species to the Lists has been expeditious determinations: reclassification of threatened species to is a function of the resources available

FY 2010 COMPLETED LISTING ACTIONS

Publication date Title Actions FR pages

10/08/2009 ...... Listing Lepidium papilliferum (Slickspot Final Listing Threatened ...... 74 FR 52013–52064 Peppergrass) as a Threatened Species Throughout Its Range. 10/27/2009 ...... 90-day Finding on a Petition to List the Amer- Notice of 90-day Petition Finding, Not sub- 74 FR 55177–55180 ican Dipper in the Black Hills of South Da- stantial. kota as Threatened or Endangered. 10/28/2009 ...... Status Review of Arctic Grayling (Thymallus Notice of Intent To Conduct Status Review for 74 FR 55524–55525 arcticus) in the Upper Missouri River Sys- Listing Decision. tem. 11/03/2009 ...... Listing the British Columbia Distinct Popu- Proposed Listing Threatened ...... 74 FR 56757–56770 lation Segment of the Queen Charlotte Goshawk Under the Endangered Species Act. 11/03/2009 ...... Listing the Salmon-Crested Cockatoo as Proposed Listing Threatened ...... 74 FR 56770–56791 Threatened Throughout Its Range with Special Rule. 11/23/2009 ...... Status Review of Gunnison Sage-grouse Notice of Intent to Conduct Status Review for 74 FR 61100–61102 (Centrocercus minimus). Listing Decision. 12/03/2009 ...... 12-Month Finding on a Petition To List the Notice of 12-month petition finding, Not war- 74 FR 63343–63366 Black-tailed Prairie Dog as Threatened or ranted. Endangered. 12/03/2009 ...... 90-Day Finding on a Petition To List Notice of 90-day Petition Finding, Substantial 74 FR 63337–63343 Sprague’s Pipit as Threatened or Endan- gered. 12/15/2009 ...... 90-Day Finding on Petitions To List Nine Spe- Notice of 90-day Petition Finding, Substantial 74 FR 66260–66271 cies of Mussels From Texas as Threatened or Endangered With Critical Habitat. 12/16/2009 ...... Partial 90-Day Finding on a Petition To List Notice of 90-day Petition Finding, Not sub- 74 FR 66865–66905 475 Species in the Southwestern United stantial and Substantial. States as Threatened or Endangered With Critical Habitat. 12/17/2009 ...... 12-month Finding on a Petition To Change Notice of 12-month petition finding, Warranted 74 FR 66937–66950 the Final Listing of the Distinct Population but precluded. Segment of the Canada Lynx To Include New Mexico. 1/05/2010 ...... Listing Foreign Bird Species in Peru and Bo- Proposed Listing Endangered ...... 75 FR 605–649 livia as Endangered Throughout Their Range. 1/05/2010 ...... Listing Six Foreign Birds as Endangered Proposed Listing Endangered ...... 75 FR 286–310 Throughout Their Range. 1/05/2010 ...... Withdrawal of Proposed Rule To List Cook’s Proposed rule, withdrawal ...... 75 FR 310–316 Petrel. 1/05/2010 ...... Final Rule To List the Galapagos Petrel and Final Listing Threatened ...... 75 FR 235–250 Heinroth’s Shearwater as Threatened Throughout Their Ranges. 1/20/2010 ...... Initiation of Status Review for Agave Notice of Intent to Conduct Status Review for 75 FR 3190–3191 eggersiana and Solanum conocarpum. Listing.

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FY 2010 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR pages

2/09/2010 ...... 12-month Finding on a Petition To List the Notice of 12-month petition finding, Not war- 75 FR 6437–6471 American Pika as Threatened or Endan- ranted. gered. 2/25/2010 ...... 12-Month Finding on a Petition To List the Notice of 12-month petition finding, Not war- 75 FR 8601–8621 Sonoran Desert Population of the Bald ranted. Eagle as a Threatened or Endangered Dis- tinct Population Segment. 2/25/2010 ...... Withdrawal of Proposed Rule To List the Withdrawal of Proposed Rule To List ...... 75 FR 8621–8644 Southwestern Washington/Columbia River Distinct Population Segment of Coastal Cutthroat Trout (Oncorhynchus clarki clarki) as Threatened. 3/18/2010 ...... 90-Day Finding on a Petition To List the Berry Notice of 90-day Petition Finding, Substantial 75 FR 13068–13071 Cave Salamander as Endangered. 3/23/2010 ...... 90-Day Finding on a Petition To List the Notice of 90-day Petition Finding, Not sub- 75 FR 13717–13720 Southern Hickorynut Mussel (Obovaria stantial. jacksoniana) as Endangered or Threatened. 3/23/2010 ...... 90-Day Finding on a Petition To List the Notice of 90-day Petition Finding, Substantial 75 FR 13720–13726 Striped Newt as Threatened. 3/23/2010 ...... 12-Month Findings for Petitions To List the Notice of 12-month petition finding, Warranted 75 FR 13910–14014 Greater Sage-Grouse (Centrocercus but precluded. urophasianus) as Threatened or Endan- gered. 3/31/2010 ...... 12-Month Finding on a Petition To List the Notice of 12-month petition finding, Warranted 75 FR 16050–16065 Tucson Shovel-Nosed Snake (Chionactis but precluded. occipitalis klauberi) as Threatened or En- dangered with Critical Habitat. 4/5/2010 ...... 90-Day Finding on a Petition To List Thorne’s Notice of 90-day Petition Finding, Substantial 75 FR 17062–17070 Hairstreak Butterfly as Endangered. 4/6/2010 ...... 12-month Finding on a Petition To List the Notice of 12-month petition finding, Not war- 75 FR 17352–17363 Mountain Whitefish in the Big Lost River, ranted. Idaho, as Endangered or Threatened. 4/6/2010 ...... 90-Day Finding on a Petition To List a Notice of 90-day Petition Finding, Not sub- 75 FR 17363–17367 Stonefly (Isoperla jewetti) and a Mayfly stantial. (Fallceon eatoni) as Threatened or Endan- gered with Critical Habitat. 4/7/2010 ...... 12-Month Finding on a Petition To Reclassify Notice of 12-month petition finding, Warranted 75 FR 17667–17680 the Delta Smelt From Threatened to En- but precluded. dangered Throughout Its Range. 4/13/2010 ...... Determination of Endangered Status for 48 Final Listing Endangered ...... 75 FR 18959–19165 Species on Kauai and Designation of Crit- ical Habitat. 4/15/2010 ...... Initiation of Status Review of the North Amer- Notice of Initiation of Status Review for List- 75 FR 19591–19592 ican Wolverine in the Contiguous United ing Decision. States. 4/15/2010 ...... 12-Month Finding on a Petition To List the Notice of 12-month petition finding, Not war- 75 FR 19592–19607 Wyoming Pocket Gopher as Endangered or ranted. Threatened with Critical Habitat. 4/16/2010 ...... 90-Day Finding on a Petition To List a Dis- Notice of 90-day Petition Finding, Substantial 75 FR 19925–19935 tinct Population Segment of the Fisher in Its United States Northern Rocky Mountain Range as Endangered or Threatened with Critical Habitat. 4/20/2010 ...... Initiation of Status Review for Sacramento Notice of Initiation of Status Review for List- 75 FR 20547–20548 Splittail (Pogonichthys macrolepidotus). ing Decision. 4/26/2010 ...... 90-Day Finding on a Petition To List the Har- Notice of 90-day Petition Finding, Substantial 75 FR 21568–21571 lequin Butterfly as Endangered. 4/27/2010 ...... 12-Month Finding on a Petition To List Su- Notice of 12-month petition finding, Not war- 75 FR 22012–22025 san’s Purse-making Caddisfly (Ochrotrichia ranted. susanae) as Threatened or Endangered. 4/27/2010 ...... 90-day Finding on a Petition To List the Mo- Notice of 90-day Petition Finding, Substantial 75 FR 22063–22070 have Ground Squirrel as Endangered with Critical Habitat. 5/4/2010 ...... 90-Day Finding on a Petition To List Hermes Notice of 90-day Petition Finding, Substantial 75 FR 23654–23663 Copper Butterfly as Threatened or Endan- gered. 6/1/2010 ...... 90-Day Finding on a Petition To List Notice of 90-day Petition Finding, Substantial 75 FR 30313–30318 Castanea pumila var. ozarkensis. 6/1/2010 ...... 12-month Finding on a Petition To List the Notice of 12-month petition finding, Not war- 75 FR 30338–30363 White-tailed Prairie Dog as Endangered or ranted. Threatened.

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FY 2010 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR pages

6/9/2010 ...... 90-Day Finding on a Petition To List van Notice of 90-day Petition Finding, Substantial 75 FR 32728–32734 Rossem’s Gull-billed Tern as Endangered or Threatened. 6/16/2010 ...... 90-Day Finding on Five Petitions To List Notice of 90-day Petition Finding, Substantial 75 FR 34077–34088 Seven Species of Hawaiian Yellow-faced Bees as Endangered. 6/22/2010 ...... 12-Month Finding on a Petition To List the Notice of 12-month petition finding, Warranted 75 FR 35398–35424 Least Chub as Threatened or Endangered. but precluded. 6/23/2010 ...... 90-Day Finding on a Petition To List the Hon- Notice of 90-day Petition Finding, Substantial 75 FR 35746–35751 duran Emerald Hummingbird as Endan- gered. 6/23/2010 ...... Listing Ipomopsis polyantha (Pagosa Sky- Proposed Listing Endangered Proposed List- 75 FR 35721–35746 rocket) as Endangered Throughout Its ing Threatened. Range, and Listing Penstemon debilis (Parachute Beardtongue) and Phacelia submutica (DeBeque Phacelia) as Threat- ened Throughout Their Range. 6/24/2010 ...... Listing the Flying Earwig Hawaiian Damselfly Final Listing Endangered ...... 75 FR 35990–36012 and Pacific Hawaiian Damselfly As Endan- gered Throughout Their Ranges. 6/24/2010 ...... Listing the Cumberland Darter, Rush Darter, Proposed Listing Endangered ...... 75 FR 36035–36057 Yellowcheek Darter, Chucky Madtom, and Laurel Dace as Endangered Throughout Their Ranges. 6/29/2010 ...... Listing the Mountain Plover as Threatened .... Reinstatement of Proposed Listing Threat- 75 FR 37353–37358 ened. 7/20/2010 ...... 90-Day Finding on a Petition To List Pinus Notice of 90-day Petition Finding, Substantial 75 FR 42033–42040 albicaulis (Whitebark Pine) as Endangered or Threatened with Critical Habitat. 7/20/2010 ...... 12-Month Finding on a Petition To List the Notice of 12-month petition finding, Not war- 75 FR 42040–42054 Amargosa Toad as Threatened or Endan- ranted. gered. 7/20/2010 ...... 90-Day Finding on a Petition To List the Giant Notice of 90-day Petition Finding, Substantial 75 FR 42059–42066 Palouse Earthworm (Driloleirus americanus) as Threatened or Endangered. 7/27/2010 ...... Determination on Listing the Black-Breasted Final Listing Endangered ...... 75 FR 43844–43853 Puffleg as Endangered Throughout its Range; Final Rule. 7/27/2010 ...... Final Rule to List the Medium Tree-Finch Final Listing Endangered ...... 75 FR 43853–43864 (Camarhynchus pauper) as Endangered Throughout Its Range. 8/3/2010 ...... Determination of Threatened Status for Five Final Listing Threatened ...... 75 FR 45497–45527 Penguin Species. 8/4/2010 ...... 90-Day Finding on a Petition To List the Notice of 90-day Petition Finding, Substantial 75 FR 46894–46898 Mexican Gray Wolf as an Endangered Sub- species With Critical Habitat. 8/10/2010 ...... 90-Day Finding on a Petition To List Notice of 90-day Petition Finding, Substantial 75 FR 48294–48298 Arctostaphylos franciscana as Endangered with Critical Habitat. 8/17/2010 ...... Listing Three Foreign Bird Species from Latin Final Listing Endangered ...... 75 FR 50813–50842 America and the Caribbean as Endangered Throughout Their Range. 8/17/2010 ...... 90-Day Finding on a Petition To List Brian Notice of 90-day Petition Finding, Not sub- 75 FR 50739–50742 Head Mountainsnail as Endangered or stantial. Threatened with Critical Habitat. 8/24/2010 ...... 90-Day Finding on a Petition To List the Okla- Notice of 90-day Petition Finding, Substantial 75 FR 51969–51974 homa Grass Pink Orchid as Endangered or Threatened. 9/1/2010 ...... 12-Month Finding on a Petition To List the Notice of 12-month petition finding, Not war- 75 FR 53615–53629 White-Sided Jackrabbit as Threatened or ranted. Endangered. 9/8/2010 ...... Proposed Rule To List the Ozark Hellbender Proposed Listing Endangered ...... 75 FR 54561–54579 Salamander as Endangered. 9/8/2010 ...... Revised 12-Month Finding To List the Upper Notice of 12-month petition finding, Warranted 75 FR 54707–54753 Missouri River Distinct Population Segment but precluded. of Arctic Grayling as Endangered or Threat- ened. 9/9/2010 ...... 12-Month Finding on a Petition To List the Notice of 12-month petition finding, Warranted 75 FR 54822–54845 Jemez Mountains Salamander (Plethodon but precluded. neomexicanus) as Endangered or Threat- ened with Critical Habitat.

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FY 2010 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR pages

9/15/2010 ...... 12-Month Finding on a Petition To List Notice of 12-month petition finding, Warranted 75 FR 56028–56050 Sprague’s Pipit as Endangered or Threat- but precluded. ened Throughout Its Range. 9/22/2010 ...... 12-Month Finding on a Petition To List Agave Notice of 12-month petition finding, Warranted 75 FR 57720–57734 eggersiana (no common name) as Endan- but precluded. gered. 9/28/2010 ...... Determination of Endangered Status for the Final Listing Endangered ...... 75 FR 59645–59656 African Penguin. 9/28/2010 ...... Determination for the Gunnison Sage-grouse Notice of 12-month petition finding, Warranted 75 FR 59803–59863 as a Threatened or Endangered Species. but precluded. 9/30/2010 ...... 12-Month Finding on a Petition To List the Notice of 12-month petition finding, Not war- 75 FR 60515–60561 Pygmy Rabbit as Endangered or Threat- ranted. ened.

Our expeditious progress also timelines, that is, timelines required they overlap geographically or have the includes work on listing actions that we under the Act. Actions in the bottom same threats as the species with the funded in FY 2010 but have not yet section of the table are high-priority high priority. Including these species been completed to date. These actions listing actions. These actions include together in the same proposed rule are listed below. Actions in the top work primarily on species with an LPN results in considerable savings in time section of the table are being conducted of 2, and selection of these species is and funding, as compared to preparing under a deadline set by a court. Actions partially based on available staff separate proposed rules for each of them in the middle section of the table are resources, and when appropriate, in the future. being conducted to meet statutory include species with a lower priority if

ACTIONS FUNDED IN FY 2010 BUT NOT YET COMPLETED

Species Action

Actions Subject to Court Order/Settlement Agreement

6 Birds from Eurasia ...... Final listing determination. Flat-tailed horned lizard ...... Final listing determination. Mountain plover 4 ...... Final listing determination. 6 Birds from Peru ...... Proposed listing determination. Sacramento splittail ...... 12-month petition finding. Pacific walrus ...... 12-month petition finding. Wolverine ...... 12-month petition finding. Solanum conocarpum ...... 12-month petition finding. Desert tortoise—Sonoran population ...... 12-month petition finding. Thorne’s Hairstreak butterfly 3 ...... 12-month petition finding. Hermes copper butterfly 3 ...... 12-month petition finding.

Actions with Statutory Deadlines

Casey’s June beetle ...... Final listing determination. Georgia pigtoe, interrupted rocksnail, and rough hornsnail ...... Final listing determination. 7 Bird species from Brazil ...... Final listing determination. Southern rockhopper penguin—Campbell Plateau population ...... 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, and lau- Final listing determination. rel dace). Salmon crested cockatoo ...... Proposed listing determination. CA golden trout ...... 12-month petition finding. Black-footed albatross ...... 12-month petition finding. Mount Charleston blue butterfly ...... 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. Dusky tree vole ...... 12-month petition finding. 3 MT invertebrates (mist forestfly (Lednia tumana), Oreohelix sp. 3, Oreohelix sp. 31) from 206 species 12-month petition finding. petition. 5 UT plants (Astragalus hamiltonii, Eriogonum soredium, Lepidium ostleri, Penstemon flowersii, 12-month petition finding. Trifolium friscanum) from 206 species petition. 2 CO plants (Astragalus microcymbus, Astragalus schmolliae) from 206 species petition ...... 12-month petition finding.

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ACTIONS FUNDED IN FY 2010 BUT NOT YET COMPLETED—Continued

Species Action

5 WY plants (Abronia ammophila, Agrostis rossiae, Astragalus proimanthus, Boechere (Arabis) pusilla, 12-month petition finding. Penstemon gibbensii) from 206 species petition. Leatherside chub (from 206 species petition) ...... 12-month petition finding. Frigid ambersnail (from 206 species petition) ...... 12-month petition finding. Gopher tortoise—eastern population ...... 12-month petition finding. Wrights marsh thistle ...... 12-month petition finding. 67 of 475 southwest species ...... 12-month petition finding. Grand Canyon scorpion (from 475 species petition) ...... 12-month petition finding. Anacroneuria wipukupa (a stonefly from 475 species petition) ...... 12-month petition finding. Rattlesnake-master borer moth (from 475 species petition) ...... 12-month petition finding. 3 Texas moths (Ursia furtiva, Sphingicampa blanchardi, Agapema galbina) (from 475 species petition) .. 12-month petition finding. 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 475 12-month petition finding. species petition). 5 Central Texas mussel species (3 from 475 species petition) ...... 12-month petition finding. 14 parrots (foreign species) ...... 12-month petition finding. Berry Cave salamander 1 ...... 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 ...... 12-month petition finding Western gull-billed tern ...... 12-month petition finding. Ozark chinquapin (Castanea pumila var. ozarkensis) ...... 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. Southeastern pop snowy plover & wintering pop. of piping plover 1 ...... 90-day petition finding. Eagle Lake trout 1 ...... 90-day petition finding. Smooth-billed ani 1 ...... 90-day petition finding. Bay Springs salamander 1 ...... 90-day petition finding. 32 species of snails and slugs 1 ...... 90-day petition finding. 42 snail species (Nevada & Utah) ...... 90-day petition finding. Red knot roselaari subspecies ...... 90-day petition finding. Peary caribou ...... 90-day petition finding. Plains bison ...... 90-day petition finding. Spring Mountains checkerspot butterfly ...... 90-day petition finding. Spring pygmy sunfish ...... 90-day petition finding. Bay skipper ...... 90-day petition finding. Unsilvered fritillary ...... 90-day petition finding. Texas kangaroo rat ...... 90-day petition finding. Spot-tailed earless lizard ...... 90-day petition finding Eastern small-footed bat ...... 90-day petition finding. Northern long-eared bat ...... 90-day petition finding. Prairie chub ...... 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 ...... 90-day petition finding. Sand-verbena moth ...... 90-day petition finding. 404 Southeast species ...... 90-day petition finding.

High-Priority Listing Actions 3

19 Oahu candidate species 2 (16 plants, 3 damselflies) (15 with LPN = 2, 3 with LPN = 3, 1 with LPN = Proposed listing. 9). 19 Maui-Nui candidate species 2 (16 plants, 3 tree snails) (14 with LPN = 2, 2 with LPN = 3, 3 with LPN Proposed listing. = 8). Dune sagebrush lizard (formerly Sand dune lizard) 3 (LPN = 2) ...... Proposed listing. 2 Arizona springsnails 2 (Pyrgulopsis bernadina (LPN = 2), Pyrgulopsis trivialis (LPN = 2)) ...... Proposed listing. New Mexico springsnail 2 (Pyrgulopsis chupaderae (LPN = 2) ...... Proposed listing. 2 mussels 2 (rayed bean (LPN = 2), snuffbox No LPN) ...... Proposed listing. 2 mussels 2 (sheepnose (LPN = 2), spectaclecase (LPN = 4)) ...... Proposed listing. Altamaha spinymussel 2 (LPN = 2) ...... Proposed listing. 8 southeast mussels (southern kidneyshell (LPN = 2), round ebonyshell (LPN = 2), Alabama pearlshell Proposed listing. (LPN = 2), southern sandshell (LPN = 5), fuzzy pigtoe (LPN = 5), Choctaw bean (LPN = 5), narrow pigtoe (LPN = 5), and tapered pigtoe (LPN = 11)). 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; also will be funded with FY 2011 funds. 4 Funded with FY 2010 funds.

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We have endeavored to make our determine if a change in status is Supervisor, New Mexico Ecological listing actions as efficient and timely as warranted, including the need to make Services Office (see ADDRESSES section). possible, given the requirements of the prompt use of emergency listing Authors relevant law and regulations, and procedures. constraints relating to workload and We intend that any proposed listing The primary authors of this rule are personnel. We are continually action for Cirsium wrightii will be as the staff members of the New Mexico considering ways to streamline accurate as possible. Therefore, we will Ecological Services Office. processes or achieve economies of scale, continue to accept additional such as by batching related actions information and comments from all Authority together. Given our limited budget for concerned governmental agencies, the The authority for this section is implementing section 4 of the Act, these scientific community, industry, or any section 4 of the Endangered Species Act actions described above collectively other interested party concerning this of 1973, as amended (16 U.S.C. 1531 et constitute expeditious progress. finding. seq.). Cirsium wrightii will be added to the list of candidate species upon References Cited Dated: October 13, 2010. publication of this 12-month finding. A complete list of all references cited Daniel M. Ashe, We will continue to monitor the status in this finding is available on the Acting Director, Fish and Wildlife Service. of this species as new information Internet at http://www.regulations.gov [FR Doc. 2010–27740 Filed 11–3–10; 8:45 am] becomes available. This review will or upon request from the Field BILLING CODE 4310–55–P

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