[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Proposed Rules]
[Pages 34225-34227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16264]



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DEPARTMENT OF THE INTERIOR
50 CFR Part 17


Endangered and Threatened Species; Notice of Reclassification of 
32 Candidate Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of candidate species reclassification.

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SUMMARY: In this document, the U.S. Fish and Wildlife Service (Service) 
provides explanation for changes in the candidate status of 32 species 
of plants and animals that are under review for possible addition to 
the List of Endangered and Threatened Wildlife and Plants (List) under 
the Endangered Species Act (Act) of 1973, as amended. The changes for 
which explanation is provided in this document were previously 
published for 20 plants in the 1993 Plant Notice of Review and for 12 
animals in the 1994 Animal Notice of Review.

FOR FURTHER INFORMATION CONTACT: E. LaVerne Smith, Chief, Division of 
Endangered Species, U.S. Fish and Wildlife Service, Washington, D.C. 
20240 (703/358-2171).

SUPPLEMENTARY INFORMATION:

Background

    In December 1992, the Service reached a settlement agreement 
(agreement) with the plaintiffs in the Fund For Animals et al. v. Lujan 
et al. case (Civ. No. 92-800) that provides for the Service to review 
the listing status of species regarded as Category 1 candidates as of 
September 1, 1992. The Service has historically classified species 
regarded as candidates for listing under the Endangered Species Act 
(Act) of 1973, as amended (16 U.S.C. 1531 et seq.) into two primary 
categories. Category 1 candidates are those species for which the 
Service has on file sufficient information on biological vulnerability 
and threat(s) to support proposals to list them as endangered or 
threatened species. Category 2 candidates are taxa for which 
information now in the possession of the Service indicates that 
proposing to list as endangered or threatened is possibly appropriate, 
but for which substantial data on biological vulnerability and threat 
are not currently available to support a proposed listing. Species 
classified as Category 2* are those whose continued existence is in 
doubt. Species classified as Category 3 were once considered for 
listing as threatened or endangered but are no longer under such 
consideration. For any candidate species covered by the agreement and 
removed from Category 1 because listing is not warranted, the Service 
must publish a notice in the Federal Register that provides explanation 
for the removal from Category 1.
    This notice provides explanations for previously announced 
decisions to 

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remove candidate species from Category 1. The changes announced in this 
notice reflect changes first published in the 1993 Plant Notice of 
Review (58 FR 51444) or the 1994 Animal Notice of Review (59 FR 58982). 
This notice also provides explanation for returning three candidate 
species covered by the settlement agreement to Category 1 status.

Findings

    Two species of animals that were removed from the Category 1 
candidate list in the 1994 Animal Notice of Review are now returned to 
Category 1 status. The northern Idaho ground squirrel (Spermophilus 
brunneus) was incorrectly placed in Category 2 status in the 1994 
Animal Notice of Review. Wild specimens of the greenest tiger beetle 
(Cicindella tranquebarica viridissima) were recently discovered near 
the Santa Ana River, California. Based on this rediscovery and present 
knowledge of threats, the species is now returned to Category 1 status.
    One plant species that was removed from the Category 1 candidate 
list in the 1993 Plant Notice of Review is being returned to Category 1 
status. Although previously thought to be extinct, Eragrostis fosbergii 
(Fosberg's love grass) has been rediscovered and is now classified as a 
Category 1 candidate.
    The remaining 29 reclassifications involve removal from Category 1 
status. Eleven species of plants were reclassified because they were 
included in the 1990 Plant Notice of Review (55 FR 6184) as Category 
1*, meaning their continued existence is in doubt. This classification 
was administratively changed to Category 2* in the 1993 Plant Notice of 
Review because the absence of reliable reports of extant wild 
populations would preclude issuing a proposed listing for these taxa. 
These species retain a high priority for addition to the List, if 
reliable reports of the species' existence are received. The plants so 
reclassified are: Abronia umbellata ssp. acutalata (rose purple sand-
verbena), last observed in 1940; Botrychium subbifoliatum (makou), last 
observed in 1940; Cenchrus agrimonioides var. laysanensis (Laysan 
agrimony sandbur), last observed in 1973; Chamaesyce celastroides var. 
tomentella (`akoko), last observed in the 1920's; Cyanea longissima 
(haha), last observed in 1927; Eragrostis hosakai, last observed in 
1937; Lepidium bidentatum var. remyi (Remy's `anaunau), last observed 
in 1855; Lipochaeta degeneri (small-leaved nehe), last observed in 
1928; Mariscus rockii, last observed in the early 1900's; Melicope 
degeneri (alani), last observed in the early 1900's; and Phyllostegia 
imminuta, last observed in 1980.
    Abutilon virginianum (Indian mallow) was originally collected in 
Culebra, Puerto Rico, but according to a recent status survey, has not 
been seen there since 1913. The species was removed from Category 1 
status because its continued existence in the wild is in doubt.
    Nelson's antelope ground squirrel (Ammospermophilus nelsoni) was 
historically found in the southern San Joaquin Valley of California. 
Presently the populations are more restricted and are located in the 
San Joaquin area. The species was removed from Category 1 status 
because its range is more widespread on slopes and hillsides than 
originally thought. Also, the destruction, modification, or curtailment 
of the species' habitat or range will be controlled by implementation 
of the San Joaquin Endangered Species Recovery Program, which will 
include setting aside foothill habitat for species such as the San 
Joaquin kit fox (Vulpes macrotis mutica) and giant kangaroo rat 
(Dipodomys ingens). This will provide de facto protection for Nelson's 
antelope ground squirrel.
    Aster avitus (Alexander's rock aster) was classified as a Category 
1 species based on a 1980 status survey that found only five 
populations. Since then, 43 additional populations have been found. The 
discovery of additional populations, coupled with limited information 
on threats to the species, support removal from Category 1.
    Chrysothamnus molestus (Tusayan rabbitbrush) occurs in pinyon-
juniper woodland and associated grasslands and shrublands in the 
southwest. The species was removed from Category 1 primarily because 
the species was found in many new localities in surveys conducted in 
1990 and 1991. Also, the Arizona Plant Recovery Team concluded in a 
1991 session that Category 1 designation was premature. The Team is 
composed of representatives from the Service, U.S. Forest Service, 
Arizona State University, Arizona Game and Fish Department, Arizona 
Nature Conservancy, National Park Service, Southwest field biologists, 
and the Desert Botanical Garden. The species is now known to be extant 
at 21 locations within Coconino County, Arizona, and numerous questions 
exist about its life history. Specifically, the role of disturbance in 
establishment of seedlings and the significance of asexual reproduction 
in prohibiting expansion of the species' number and range are not 
understood. With so many questions remaining, particularly about 
reproductive success, and trends in abundance unknown, maintaining this 
species in Category 1 is not justified.
    Conostegia hotteana is a small to medium sized tree known only from 
the island of Hispaniola and the eastern mountains of Puerto Rico. 
There is no current information on distribution or abundance of this 
plant and review of the file information indicates that classification 
as Category 1 was premature. Additional information on biological 
distribution and abundance, habitat needs, and threats to the species 
is needed before a proposal to list would be justified.
    Descurainia torulosa (Wyoming tansymustard) is known only from the 
high volcanic mountains in northwest Wyoming and Pine Butte in 
southwest Wyoming. The species was removed from Category 1 status 
primarily because of taxonomic questions and the apparently large 
amount of suitable habitat that has not been searched for the species. 
Descurainia torulosa may in fact be a minor variant of the common D. 
incana. Successful searches for additional populations were conducted 
in the 1980's by various investigators, suggesting that additional 
searches in suitable habitat will yield more populations.
    The short-nosed kangaroo rat (Dipodomys nitratroides brevinasus) is 
native to the lower foothills of the San Joaquin Valley, California. 
The species was deleted from Category 1 because threats to its 
existence, primarily destruction of habitat, will be alleviated by 
implementation of the San Joaquin Endangered Species Recovery Program. 
This program will include setting aside foothill habitat for species 
such as the San Joaquin kit fox and giant kangaroo rat and will provide 
de facto protection for the short-nosed kangaroo rat. Furthermore, 
review of the files regarding this species revealed no information on 
species abundance and distribution that would justify inclusion in 
Category 1.
    The Summer Basin tui chub (Gila bicolor ssp.) is a subspecies of 
tui chub that had been restricted to the Summer Basin for the past 
10,000 years. Most of the subspecies was eradicated by a toxaphene 
project conducted in the late 1950's, and only one population of pure 
Summer Basin tui chub was then known to survive. The subspecies was 
removed from Category 1 because additional populations were discovered 
and presumed threats from hybridization are less than originally 
believed. The subspecies is believed to be fairly secure.
    Based on recommendations provided by the Arizona Plant Recovery 
Team in 

[[Page 34227]]
1991, the Service removed Macroptilium supinum (= Phaseolus supinus) 
(supine bean) from Category 1. The present biological status of the 
species is unclear since new populations were discovered in Mexico in 
1990. Additional information on abundance and distribution are needed 
to justify a proposal for listing.
    Malpighia infestissima (stingingbush) is endemic to Buck Island and 
St. Croix, U.S. Virgin Islands. It was removed from Category 1 because 
its distribution and abundance are poorly known. On St. Croix, it is 
reported to be widespread and scattered. Other than general threats 
from residential, tourism, and industrial development, no direct 
threats to this species are known. The general lack of information on 
biological distribution and abundance, coupled with limited knowledge 
of threats, justifies removal from Category 1.
    Peperomia megalopoda is a small herb endemic to Puerto Rico. The 
species was originally collected in 1929 and has not been observed 
since. Efforts to relocate the species at the type locality in 1991 
were unsuccessful. It was removed from Category 1 because its continued 
existence is in doubt.
    Psychilis kranzlinii (= Encyclia kranzlinii) is an orchid endemic 
to Puerto Rico. It is rare but found in a variety of habitats. The 
extent of its distribution and abundance is poorly known and currently 
available information on its status does not support a listing 
proposal.
    The Tarahumara leopard frog (Rana tarahumarae) is known from 53 
localities in southern Arizona as well as Sonora, Chihuahua, and 
Sinoloa, Mexico. Although extirpated from the five historic localities 
in Arizona, populations elsewhere appear to be thriving and healthy 
based on surveys conducted in the mid-1980's. Several members of the 
Tarahumara Frog Oversight Group concurred with the removal of this 
species from Category 1.
    The Suisan ornate shrew (Sorex ornatus sinuosus) and the salt marsh 
wandering shrew (Sorex vagrans halicoetes) were historically found 
along streams, in grasslands and marshy areas of San Francisco Bay, 
California. Currently these species are more restricted to marshy areas 
of the Bay. Habitat for these shrews is strongly overlapped with that 
of two other listed species, the salt marsh harvest mouse 
(Reithrodontomys raviventris) and the California clapper rail (Railus 
longirostris obsoletus). Threats to the shrews will be alleviated by 
implementation of recovery plans for the salt marsh harvest mouse and 
the California clapper rail. The alleviation of threats to habitat 
supports removal of these subspecies from Category 1.
    Review of file information on Tillandsia baileyi (Bailey's 
ballmoss) indicates that the placement of this species in Category 1 in 
1990 was in error. Data to support inclusion in Category 1 are not on 
file. Although population estimates are not available, the species is 
estimated to occur in over 50,000 acres in south Texas, where its 
continued existence is believed secure.
    The Service removed Doyen's Trigonoscuta dune weevil (Trigonoscuta 
sp.) from Category 1 primarily due to concerns about the taxonomy of 
this species. The taxonomy of the genus is unresolved and Doyen's dune 
weevil has not been formally described. The specific taxonomy is based 
solely on a single-page letter written by E.L. Sleeper. The last 
revisions to this genus described many species and subspecies based on 
conclusions that the Service questions.
    The New Mexican jumping mouse (Zapus hudsonius luteus) occurs 
locally in the San Juan, Jemez, and Sacramento mountains and in the 
central-northern and central Rio Grande Valley. This species is already 
listed as a group 2 endangered species by the State of New Mexico, 
which means that permits are required for collecting the species. 
Populations were originally impacted by destruction of wetlands. 
However, the species has been recently found to occupy man-made 
habitats adjacent to irrigation drains and canals, thus alleviating the 
threat of habitat destruction. Dr. Joan Morrison, University of 
Florida, has raised concerns that the classification to Category 1 was 
premature. Subsequent review of the record supports her position and 
the species is now removed from Category 1.

Author

    The primary author of this notice is Dr. Richard E. Sayers, Jr., 
Division of Endangered Species, U.S. Fish and Wildlife Service, 1849 C 
Street, N.W., Mailstop ARLSQ-452, Washington, D.C. 20240 (phone 703/
358-2105; fascimile 703/358-1735).

    Authority: The authority for this notice is the Endangered 
Species Act of 1973, as amended, 16 U.S.C. 1531 et seq.

    Dated: June 27, 1995.
John G. Rogers
Acting Director, Fish and Wildlife Service.
[FR Doc. 95-16264 Filed 6-28-95; 1:20 pm]
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