[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Proposed Rules]
[Pages 66866-66905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29699]



[[Page 66865]]

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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



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

  Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / 
Proposed Rules  

[[Page 66866]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2008-0130]
[92210-1111-0000-B2]


Endangered and Threatened Wildlife and Plants; Partial 90-Day 
Finding on a Petition to List 475 Species in the Southwestern United 
States as Threatened or Endangered with Critical Habitat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on 192 species from a petition to list 475 species in 
the southwestern United States as threatened or endangered under the 
Endangered Species Act of 1973, as amended (Act). For 125 of the 192 
species, we find that the petition did not present substantial 
information indicating that listing may be warranted. Based on our 
review, we find that the petition presents substantial scientific or 
commercial information indicating that listing may be warranted for 67 
of the 192 species. Therefore, with the publication of this notice, we 
are initiating a status review of the 67 species to determine if 
listing is warranted. To ensure that the status review is 
comprehensive, we are requesting scientific and commercial data and 
other information regarding these 67 species. Based on the status 
review, we will issue a 12-month finding on the petition, which will 
address whether the petitioned action is warranted, as provided in the 
Act.

DATES: To allow us adequate time to conduct a status review, we request 
that we receive information on or before February 16, 2010. After this 
date, you must submit information directly to the Southwest Regional 
Ecological Services Office (see FOR FURTHER INFORMATION CONTACT section 
below). Please note that we may not be able to address or incorporate 
information that we receive after the above requested date.

ADDRESSES: You may submit information by one of the following methods:
     Federal rulemaking Portal: http://www.regulations.gov. 
Search for Docket no. FWS-R2-ES-2008-0130 and then follow the 
instructions for submitting comments.
     U.S. Mail or hand delivery: Public Comments Processing, 
Attn: FWS-R6-ES-2008-0131; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.
    We will post all information received on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Request for Information 
section below for more information).

FOR FURTHER INFORMATION CONTACT: Nancy Gloman, Assistant Regional 
Director, Southwest Regional Ecological Services Office, 500 Gold 
Avenue SW, Albuquerque, NM 87102; telephone 505/248-6920; facsimile 
505/248-6788. If you use a telecommunications device for the deaf 
(TDD), please call the Federal Information Relay Service (FIRS) at 800-
877-8339.

SUPPLEMENTARY INFORMATION:

Request for Information

    When we make a finding that a petition presents substantial 
information indicating that listing a species may be warranted, we are 
required to promptly review the status of the species (status review). 
For the status review to be complete and based on the best available 
scientific and commercial information, we request information on each 
of the 67 species from governmental agencies, Native American Tribes, 
the scientific community, industry, and any other interested parties. 
For each of the 67 species, we seek information on:
    (1) The species' biology, range, and population trends, including:
    (a) Habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species or its 
habitat.
    (2) The five factors that are the basis for making a listing 
determination for a species under section 4(a) of the Act (16 U.S.C. 
1531 et seq.), which are:
    (a) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (c) Disease or predation;
    (d) The inadequacy of existing regulatory mechanisms; or
    (e) Other natural or manmade factors affecting its continued 
existence.
    Please include sufficient information with your submission (such as 
full references) to allow us to verify any scientific or commercial 
information you include.
    If, after the status review, we determine that listing any of the 
67 species is warranted, we will propose critical habitat (see 
definition in section 3(5)(A) of the Act) to the maximum extent prudent 
and determinable at the time we propose to list the species. Therefore, 
within the geographical range currently occupied by each of these 67 
species, we request data and information on:
    (1) what may constitute ``physical or biological features essential 
to the conservation of the species'';
     (2) where these features are currently found; and
    (3) whether any of these features may require special management 
considerations or protection.
    In addition, we request data and information on ``specific areas 
outside the geographical area occupied by the species'' that are 
``essential to the conservation of the species.'' Please provide 
specific comments and information as to what, if any, critical habitat 
you think we should propose for designation if the species is proposed 
for listing, and why such habitat meets the requirements of section 
3(5)(A) and section 4(b) of the Act.
    Submissions merely stating support for or opposition to the action 
under consideration without providing supporting information, although 
noted, will not be considered in making a determination. Section 
4(b)(1)(A) of the Act of 1973, as amended (Act) (16 U.S.C. 1533 
(b)(1)(A)) directs that determinations as to whether any species is an 
endangered or threatened species must be made ``solely on the basis of 
the best scientific and commercial data available.''
    You may submit your information concerning this status review by 
one of the methods listed in the ADDRESSES section. If you submit 
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the 
website. If you submit a hardcopy that includes personal identifying 
information, you may request at the top of your document that we 
withhold this information from public review. However, we cannot 
guarantee that we will be able to do so. We will post all hardcopy 
submissions on http://www.regulations.gov.
    Information and supporting documentation that we received and used 
in preparing this finding will be available for you to review at http://www.regulations.gov, or you may make an appointment during normal 
business hours at the U.S. Fish and Wildlife

[[Page 66867]]

Service, Southwest Regional Ecological Services Office (see FOR FURTHER 
INFORMATION CONTACT).

Background

    Section 4(b)(3)(A) of the Act requires that we make a finding on 
whether a petition to list, delist, or reclassify a species presents 
substantial scientific or commercial information indicating that a 
petitioned action may be warranted. We are to base this finding on 
information provided in the petition, supporting information submitted 
with the petition, and information otherwise readily available in our 
files. To the maximum extent practicable, we are to make this finding 
within 90 days of our receipt of the petition and publish our notice of 
this finding promptly in the Federal Register.
    Our standard for substantial information within the Code of Federal 
Regulations (CFR) with regard to a 90-day petition finding is ``that 
amount of information that would lead a reasonable person to believe 
that the measure proposed in the petition may be warranted (50 CFR 
424.14(b)).'' If we find that substantial scientific or commercial 
information was presented, we are required to promptly commence a 
status review of the species, which is subsequently summarized in our 
12-month finding.

Petition History

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

[[Page 66868]]

in a separate 90-day finding on a petition to list 206 species in the 
Midwest and western United States (August 18, 2009; 74 FR 41649). Four 
additional species which were not addressed in an earlier finding and 
are not included in this finding--golden orb (Quadrula aurea), Texas 
fatmucket (Lampsilis bracteata), Texas heelsplitter (Potamilus 
amphichaenus), and Salina mucket (Potamilus metnecktayi)--will be 
addressed in one or more additional 90-day findings in the future. 
Although we are not making a finding on the remaining four species at 
this time, the lack of inclusion of those species in this finding does 
not imply that we are making or will make a positive finding on any or 
all of the remaining species.
    Finally, based on a review of our January 6, 2009, 90-day finding 
(74 FR 419), we are re-evaluating the information presented in the 
petition and readily available in our files regarding Donrichardsia 
macroneuron in this finding. Thus, this finding addresses 192 of the 
475 petitioned southwest species.

Species Information

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

[[Page 66869]]

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

   Table 1. Species for which threat information was not provided in the petition or readily available in our
                                                     files.
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            Category                Scientific Name       Common Name            Range               Group
----------------------------------------------------------------------------------------------------------------
A                                 Ashmunella          Guadelupe           NM, TX              Snail
                                   carlsbadensis       Woodlandsnail
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A                                 Holospira           Bartsch Holospira   TX                  Snail
                                   yucatanensis
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A                                 Humboldtiana        Boulder Slide       TX                  Snail
                                   edithae             Threeband
----------------------------------------------------------------------------------------------------------------
A                                 Pseudosubulina      Chisos Foxsnail     TX                  Snail
                                   cheatumi
----------------------------------------------------------------------------------------------------------------
A                                 Marstonia           Comal Siltsnail     TX                  Snail
                                   comalensis
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A                                 Radiocentrum        Fringed             NM                  Snail
                                   ferrissi            Mountainsnail
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A                                 Euglandina          Glossy Wolfsnail    TX                  Snail
                                   texasiana
----------------------------------------------------------------------------------------------------------------
A                                 Holospira           Hamilton Holospira  TX                  Snail
                                   hamiltoni
----------------------------------------------------------------------------------------------------------------
A                                 Daedalochila        Horseshoe Liptooth  TX                  Snail
                                   hippocrepis
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A                                 Holospira oritis    Mountain Holospira  TX                  Snail
----------------------------------------------------------------------------------------------------------------
A                                 Holospira pityis    Pinecone Holospira  TX                  Snail
----------------------------------------------------------------------------------------------------------------
A                                 Holospira           Rio Grande          TX                  Snail
                                   riograndensis       Holospira
----------------------------------------------------------------------------------------------------------------
A                                 Holospira pasonis   Robust Holospira    TX                  Snail
----------------------------------------------------------------------------------------------------------------
A                                 Helicodiscus        Wax Coil            AR, OK, TX          Snail
                                   nummus
----------------------------------------------------------------------------------------------------------------
A                                 Holospira mesolia   Widemouth           TX                  Snail
                                                       Holospira
----------------------------------------------------------------------------------------------------------------
A                                 Microdynerus        Antioch Potter      AZ,CA,NV            Insect
                                   arenicolus          Wasp
----------------------------------------------------------------------------------------------------------------
A                                 Hydroptila protera  Caddisfly           OK, TX              Insect
----------------------------------------------------------------------------------------------------------------
A                                 Ptomaphagus         Cave Obligate       AZ                  Insect
                                   cocytus             Beetle
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A                                 Oncopodura prietoi  Cave Obligate       NM                  Insect
                                                       Springtail
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A                                 Pseudosinella vita  Cave Obligate       NM                  Insect
                                                       Springtail
----------------------------------------------------------------------------------------------------------------
A                                 Tomocerus grahami   Cave Obligate       NM                  Insect
                                                       Springtail
----------------------------------------------------------------------------------------------------------------
A                                 Afilia sp. 1        Notodontid Moth     TX                  Insect
----------------------------------------------------------------------------------------------------------------
A                                 Hydroptila          Purse Casemaker     LA, TX              Insect
                                   ouachita            Caddisfly
----------------------------------------------------------------------------------------------------------------
A                                 Melanoplus sp. 9    Grasshopper         TX                  Insect
----------------------------------------------------------------------------------------------------------------
A                                 Melanoplus sp. 22   Grasshopper         TX                  Insect
----------------------------------------------------------------------------------------------------------------
A                                 Melanoplus sp. 26   Grasshopper         TX                  Insect
----------------------------------------------------------------------------------------------------------------
A                                 Melanoplus sp. 36   Grasshopper         TX                  Insect
----------------------------------------------------------------------------------------------------------------
A                                 Melanoplus sp. 48   Grasshopper         NM                  Insect
----------------------------------------------------------------------------------------------------------------
A                                 Melanoplus sp. 52   Grasshopper         AZ                  Insect
----------------------------------------------------------------------------------------------------------------
A                                 Melanoplus sp. 62   Grasshopper         TX                  Insect
----------------------------------------------------------------------------------------------------------------
A                                 Ceuthothrombium     Cave Obligate Mite  NM                  Arachnid
                                   cavaticum
----------------------------------------------------------------------------------------------------------------
A                                 Albiorix            Cave Obligate       AZ                  Arachnid
                                   anophthalmus        Pseudoscorpion
----------------------------------------------------------------------------------------------------------------

[[Page 66870]]

 
A                                 Aphrastochthonius   Cave Obligate       NM                  Arachnid
                                   pachysetus          Pseudoscorpion
----------------------------------------------------------------------------------------------------------------
A                                 Chitrellina         Cave Obligate       AZ                  Arachnid
                                   chiricahuae         Pseudoscorpion
----------------------------------------------------------------------------------------------------------------
A                                 Neoleptoneta        Cave Obligate       TX                  Arachnid
                                   anopica             Spider
----------------------------------------------------------------------------------------------------------------
A                                 Procambarus         Bastrop Crayfish    TX                  Crustacean
                                   texanus
----------------------------------------------------------------------------------------------------------------
A                                 Holsingerius        Cave Obligate       TX                  Crustacean
                                   samacos             Amphipod
----------------------------------------------------------------------------------------------------------------
A                                 Texiweckelia        Cave Obligate       TX                  Crustacean
                                   relicta             Amphipod
----------------------------------------------------------------------------------------------------------------
A                                 Palaemonetes        Cave Obligate       TX                  Crustacean
                                   holthuisi           Decapod
----------------------------------------------------------------------------------------------------------------
A                                 Amergoniscus        Cave Obligate       OK                  Crustacean
                                   centralis           Isopod
----------------------------------------------------------------------------------------------------------------
A                                 Amergoniscus        Cave Obligate       TX                  Crustacean
                                   gipsocolus          Isopod
----------------------------------------------------------------------------------------------------------------
A                                 Sphaeromicola       Cave Obligate       TX                  Crustacean
                                   moria               Shrimp
----------------------------------------------------------------------------------------------------------------
A                                 Fryxellia pygmaea   Fryxell's Pygmy     TX                  Flowering Plant
                                                       Mallow
----------------------------------------------------------------------------------------------------------------
A                                 Quercus acerifolia  Mapleleaf Oak       AR, OK              Flowering Plant
----------------------------------------------------------------------------------------------------------------
A                                 Xanthoparmelia      Lichen (no common   NM                  Lichen
                                   planilobata         name)
----------------------------------------------------------------------------------------------------------------
B                                 Eurycea sp. 6       Pedernales River    TX                  Amphibian
                                                       Springs
                                                       Salamander
----------------------------------------------------------------------------------------------------------------
B                                 Sonorella           Black Mountain      AZ, NM              Snail
                                   papagorum           Talussnail
----------------------------------------------------------------------------------------------------------------
B                                 Sonorella           Clark Peak          AZ, NM              Snail
                                   christenseni        Talussnail
----------------------------------------------------------------------------------------------------------------
B                                 Sonorella           Hueco Mountains     TX                  Snail
                                   huecoensis          Talus Snail
----------------------------------------------------------------------------------------------------------------
B                                 Sonorella sp. 1     Terrestrial Snail   NM                  Snail
----------------------------------------------------------------------------------------------------------------
B                                 Limnephilus adapus  Caddisfly           TX                  Insect
----------------------------------------------------------------------------------------------------------------
B                                 Comaldessus         Comal Springs       TX                  Insect
                                   stygius             Diving Beetle
----------------------------------------------------------------------------------------------------------------
B                                 Protoptila arca     San Marcos Saddle-  TX                  Insect
                                                       case Caddisfly
----------------------------------------------------------------------------------------------------------------
B                                 Sphinx smithi       Sphinx Moth (no     AZ, Mexico          Insect
                                                       common name)
----------------------------------------------------------------------------------------------------------------
B                                 Stygobromus limbus  Border Cave         TX                  Crustacean
                                                       Amphipod
----------------------------------------------------------------------------------------------------------------
B                                 Procambarus         Brazoria Crayfish   TX                  Crustacean
                                   brazoriensis
----------------------------------------------------------------------------------------------------------------
B                                 Paramexiweckelia    Ruffo's Cave        TX                  Crustacean
                                   ruffoi              Amphipod
----------------------------------------------------------------------------------------------------------------
B                                 Adenophyllum        Wright's Dogweed    AZ, NM              Flowering Plant
                                   wrightii
----------------------------------------------------------------------------------------------------------------
B                                 Berberis            Kofka Barberry      AZ, CA              Flowering Plant
                                   harrisoniana
----------------------------------------------------------------------------------------------------------------
B                                 Carex               Guadalupe Mountain  TX                  Flowering Plant
                                   mckittrickensis     Sedge
----------------------------------------------------------------------------------------------------------------
B                                 Cooperia smallii    Small's Rainlily    TX                  Flowering Plant
----------------------------------------------------------------------------------------------------------------
B                                 Hedyotis pooleana   Jackie's Bluet      TX                  Flowering Plant
----------------------------------------------------------------------------------------------------------------
B                                 Echeandia texensis  Craglily (no        TX                  Flowering Plant
                                                       common name)
----------------------------------------------------------------------------------------------------------------
B                                 Opuntia aureispina  Golden-spined       TX                  Flowering Plant
                                                       Prickly-pear
----------------------------------------------------------------------------------------------------------------
B                                 Opuntia densispina  Big Bend Prickly-   TX                  Flowering Plant
                                                       pear
----------------------------------------------------------------------------------------------------------------
B                                 Perityle            Cochise Rockdaisy   AZ                  Flowering Plant
                                   cochisensis
----------------------------------------------------------------------------------------------------------------
B                                 Quercus boytonii    Boynton's Sand      AL, TX              Flowering Plant
                                                       Post Oak
----------------------------------------------------------------------------------------------------------------
B                                 Quercus tardifolia  Chisos Mountains    TX                  Flowering Plant
                                                       Oak
----------------------------------------------------------------------------------------------------------------

[[Page 66871]]

 
B                                 Quercus robusta     Robust Oak          TX                  Flowering Plant
----------------------------------------------------------------------------------------------------------------
B                                 Selinocarpus        Malone Mountains    TX                  Flowering Plant
                                   maloneanus          Moonpod
----------------------------------------------------------------------------------------------------------------
B                                 Senna ripleyana     Ripley's Senna      TX                  Flowering Plant
----------------------------------------------------------------------------------------------------------------
B                                 Solanum             Tigna Potato        TX                  Flowering Plant
                                   leptosepalum
----------------------------------------------------------------------------------------------------------------
B                                 Stellaria           Porsild's Starwort  AZ, NM              Flowering Plant
                                   porsildii
----------------------------------------------------------------------------------------------------------------
B                                 Yucca necopina      Brazos River Yucca  TX                  Flowering Plant
----------------------------------------------------------------------------------------------------------------

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

   Table 2. Species for which threat information was presented, but for which the information presented in the
                          petition and otherwise readily available was not substantial.
----------------------------------------------------------------------------------------------------------------
           Scientific Name                   Common Name                 Range                    Group
----------------------------------------------------------------------------------------------------------------
Geomys streckeri                       Strecker's Pocket        TX                       Mammal
                                        Gopher
----------------------------------------------------------------------------------------------------------------
Ashmunella mearnsii                    Big Hatchet              NM                       Snail
                                        Woodlandsnail
----------------------------------------------------------------------------------------------------------------
Pyrgulopsis simplex                    Fossil Springsnail        AZ                      Snail
----------------------------------------------------------------------------------------------------------------
Ashmunella hebardi                     Hacheta Grande           NM                       Snail
                                        Woodlandsnail
----------------------------------------------------------------------------------------------------------------
Sonorella pedregosensis                Leslie Canyon            AZ                       Snail
                                        Talussnail
----------------------------------------------------------------------------------------------------------------
Pyrgulopsis davisi                     Limpia Creek              TX                      Snail
                                        Springsnail
----------------------------------------------------------------------------------------------------------------
Pyrgulopsis montezumensis              Montezuma Well           AZ                       Snail
                                        Springsnail
----------------------------------------------------------------------------------------------------------------
Pyrgulopsis metcalfi                   Naegele Springsnail       TX                      Snail
----------------------------------------------------------------------------------------------------------------
Ashmunella kochi                       San Andreas              NM                       Snail
                                        Woodlandsnail
----------------------------------------------------------------------------------------------------------------
Adhemarius blanchardorum               Blanchard's Sphinx Moth  TX                       Insect
----------------------------------------------------------------------------------------------------------------
Phylocentropus harrisi                 Caddisfly (no common     AL, FL, TX               Insect
                                        name)
----------------------------------------------------------------------------------------------------------------
Apodemia chisosensis                   Chisos Metalmark         TX                       Insect
----------------------------------------------------------------------------------------------------------------
Stallingsia maculosus                  Manfreda Giant-skipper   TX, Mexico               Insect
----------------------------------------------------------------------------------------------------------------
Lachlania dencyannae                   Mayfly (no common name)  NM                       Insect
----------------------------------------------------------------------------------------------------------------
Euhyparpax rosea                       Notodontid Moth (no      CO, NM                   Insect
                                        common name)
----------------------------------------------------------------------------------------------------------------
Ursia sp. 1                            Notodontid Moth (no      TX                       Insect
                                        common name)
----------------------------------------------------------------------------------------------------------------
Cylloepus parkeri                      Parker's Cylloepus        AZ                      Insect
                                        Riffle Beetle
----------------------------------------------------------------------------------------------------------------
Automeris patagoniensis                Patagonia Eyed Silkmoth  AZ                       Insect
----------------------------------------------------------------------------------------------------------------
Sphingicampa raspa                     Royal Moth (no common    AZ, TX                   Insect
                                        name)
----------------------------------------------------------------------------------------------------------------
Sphinx eremitoides                     Sage Sphinx              CO, KA, NM, TX           Insect
----------------------------------------------------------------------------------------------------------------
Thymoites minero                       Cave Obligate Spider     AZ                       Arachnid
                                        (no common name)
----------------------------------------------------------------------------------------------------------------
Procambarus nigrocinctus               Blackbelted Crayfish     TX                       Crustacean
----------------------------------------------------------------------------------------------------------------
Procambarus nechesae                   Neches Crayfish          TX                       Crustacean
----------------------------------------------------------------------------------------------------------------
Streptocephalus moorei                 Spinythumb Fairy Shrimp  NM, Mexico               Crustacean
----------------------------------------------------------------------------------------------------------------

[[Page 66872]]

 
Arenaria livermorensis                 Livermore Sandwort       TX                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Argemone arizonica                     Arizona Prickle-poppy    AZ                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Batesimalva violacea                   Purple Gay-mallow        TX, Mexico               Flowering Plant
----------------------------------------------------------------------------------------------------------------
Bonamia ovalifolia                     Bigpod Bonamia           TX, Mexico               Flowering Plant
----------------------------------------------------------------------------------------------------------------
Bouteloua kayi                         Kay Gramma               TX                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Cryptantha ganderi                     Gander's Cryptantha      AZ, CA, Mexico           Flowering Plant
----------------------------------------------------------------------------------------------------------------
Dalea bartonii                         Cox's Dalea              TX                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Dalea tentaculoides                    Gentry's Indigobush      AZ                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Eleocharis cylindrica                  Cylinder Spikerush       NM, TX                   Flowering Plant
----------------------------------------------------------------------------------------------------------------
Erigeron acomanus                      Acoma Fleabane           NM                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Erigeron bistiensis                    Bisti Fleabane           NM                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Escobaria guadalupensis                Guadalupe Pincushion     NM, TX                   Flowering Plant
                                        Cactus
----------------------------------------------------------------------------------------------------------------
Euphorbia aaron-rossii                 Marble Canyon Spurge     AZ                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Glossopetalon texense                  Texas Grease Bush        TX                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Kallstroemia perennans                 Perennial Caltrop        TX                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Pediomelum humile                      Rydberg's Scurfpea       TX, Mexico               Flowering Plant
----------------------------------------------------------------------------------------------------------------
Perityle huecoensis                    Hueco Mountains          TX, Mexico               Flowering Plant
                                        Rockdaisy
----------------------------------------------------------------------------------------------------------------
Perityle saxicola                      Fish Creek Rock Daisy    AZ                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Perityle warnockii                     River Rockdaisy          TX                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Quercus graciliformis                  Slender Oak              TX, Mexico               Flowering Plant
----------------------------------------------------------------------------------------------------------------
Rhododon angulatus                     Lonestar Sand-mint       TX                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Sophora gypsophila                     Gypsum Necklace          NM, TX                   Flowering Plant
----------------------------------------------------------------------------------------------------------------
Valerianella nuttallii                 Nuttall's Corn-salad     AR, OK                   Flowering Plant
----------------------------------------------------------------------------------------------------------------
Grimmia americana                      Moss (no common name)    AZ, NV, TX               Fern Ally
----------------------------------------------------------------------------------------------------------------
Riccia californica                     Moss (no common name)    CA, OR, TX               Fern Ally
----------------------------------------------------------------------------------------------------------------
Acarospora clauzadeana                 Lichen (no common name)  NM, Mexico, Spain        Lichen
----------------------------------------------------------------------------------------------------------------
Omphalora arizonica                    Lichen (no common name)  AZ, CO, NM               Lichen
----------------------------------------------------------------------------------------------------------------


    Table 3. Species for which information in the petition and otherwise readily available is substantial and
                      indicates that listing as threatened or endangered may be warranted.
----------------------------------------------------------------------------------------------------------------
           Scientific name                   Common Name                 Range                    Group
----------------------------------------------------------------------------------------------------------------
Aspidoscelis arizonae                  Arizona Striped          AZ                       Reptile
                                        Whiptail
----------------------------------------------------------------------------------------------------------------
Notophthalmus meridionalis             Black-spotted Newt       TX, Mexico               Amphibian
----------------------------------------------------------------------------------------------------------------
Eurycea robusta                        Blanco Blind Salamander  TX                       Amphibian
----------------------------------------------------------------------------------------------------------------
Eurycea tridentifera                   Comal Blind Salamander   TX                       Amphibian
----------------------------------------------------------------------------------------------------------------
Eurycea sp. 8                          Comal Springs            TX                       Amphibian
                                        Salamander
----------------------------------------------------------------------------------------------------------------
Eurycea neotenes                       Texas Salamander         TX                       Amphibian
----------------------------------------------------------------------------------------------------------------

[[Page 66873]]

 
Macrhybopsis tetranema                 Arkansas River Speckled  CO, KA, NM, OK, TX       Fish
                                        Chub
----------------------------------------------------------------------------------------------------------------
Ictalurus sp. 1                        Chihuahua Catfish        TX                       Fish
----------------------------------------------------------------------------------------------------------------
Cyprinella sp. 2                       Nueces Shiner            TX                       Fish
----------------------------------------------------------------------------------------------------------------
Cyprinodon pecosensis                  Pecos pupfish            NM, TX                   Fish
----------------------------------------------------------------------------------------------------------------
Cyprinella lepida                      Plateau Shiner           TX                       Fish
----------------------------------------------------------------------------------------------------------------
Gambusia clarkhubbsi                   San Felipe Gambusia      TX                       Fish
----------------------------------------------------------------------------------------------------------------
Trogloglanis pattersoni                Toothless Blindcat       TX                       Fish
----------------------------------------------------------------------------------------------------------------
Cyprinodon tularosa                    White Sands Pupfish      NM                       Fish
----------------------------------------------------------------------------------------------------------------
Satan eurystomus                       Widemouth Blindcat       TX                       Fish
----------------------------------------------------------------------------------------------------------------
Pleurobema riddellii                   Louisiana Pigtoe         LA, TX                   Clam
----------------------------------------------------------------------------------------------------------------
Pisidium sanguinichristi               Sangre de Cristo         NM                       Clam
                                        Peaclam
----------------------------------------------------------------------------------------------------------------
Toxolasma corvunculus                  Southern Purple          AL, FL, GA, OK           Clam
                                        Lilliput
----------------------------------------------------------------------------------------------------------------
Fusconaia lananensis                   Triangle Pigtoe          TX                       Clam
----------------------------------------------------------------------------------------------------------------
Pyrgulopsis arizonae                   Bylas Springsnail        AZ                       Snail
----------------------------------------------------------------------------------------------------------------
Ashmunella macromphala                 Cook's Peak              NM                       Snail
                                        Woodlandsnail
----------------------------------------------------------------------------------------------------------------
Sonorella todseni                      Dona Ana Talussnail      NM                       Snail
----------------------------------------------------------------------------------------------------------------
Tryonia gilae                          Gila Tryonia             AZ                       Snail
----------------------------------------------------------------------------------------------------------------
Pyrgulopsis bacchus                    Grand Wash Springsnail   AZ                       Snail
----------------------------------------------------------------------------------------------------------------
Ashmunella levettei                    Huachuca Woodlandsnail   AZ, NM                   Snail
----------------------------------------------------------------------------------------------------------------
Pyrgulopsis conica                     Kingman Springsnail      AZ                       Snail
----------------------------------------------------------------------------------------------------------------
Phreatodrobia imitata                  Mimic Cavesnail          TX                       Snail
----------------------------------------------------------------------------------------------------------------
Oreohelix pilsbryi                     Mineral Creek            NM                       Snail
                                        Mountainsnail
----------------------------------------------------------------------------------------------------------------
Pyrgulopsis pecosensis                 Pecos Springsnail        NM                       Snail
----------------------------------------------------------------------------------------------------------------
Sonorella grahamensis                  Pinaleno Talussnail      AZ                       Snail
----------------------------------------------------------------------------------------------------------------
Tryonia quitobaquitae                  Quitobaquito Tryonia     AZ                       Snail
----------------------------------------------------------------------------------------------------------------
Sonorella eremite                      San Xavier Talussnail    AZ                       Snail
----------------------------------------------------------------------------------------------------------------
Maricopella allynsmithi                Squaw Park Talussnail    AZ                       Snail
----------------------------------------------------------------------------------------------------------------
Pyrgulopsis glandulosa                 Verde Rim Springsnail    AZ                       Snail
----------------------------------------------------------------------------------------------------------------
Sonorella macrophallus                 Wet Canyon Talussnail    AZ                       Snail
----------------------------------------------------------------------------------------------------------------
Cicindela theatina                     Colorado Tiger Beetle    CO                       Insect
----------------------------------------------------------------------------------------------------------------
Haideoporus texanus                    Edwards Aquifer Diving   TX                       Insect
                                        Beetle
----------------------------------------------------------------------------------------------------------------
Lycaena ferrisi                        Ferris's Copper          AZ                       Insect
----------------------------------------------------------------------------------------------------------------
Astylis sp. 1                          Notodontid Moth (no      AZ                       Insect
                                        common name)
----------------------------------------------------------------------------------------------------------------
Heterocampa sp. 1 nr. amanda           Notodontid Moth (no      AZ                       Insect
                                        common name)
----------------------------------------------------------------------------------------------------------------
Litodonta sp. 1 nr. alpina             Notodontid Moth (no      AZ                       Insect
                                        common name)
----------------------------------------------------------------------------------------------------------------
Ursia furtiva                          Notodontid Moth (no      TX                       Insect
                                        common name)
----------------------------------------------------------------------------------------------------------------

[[Page 66874]]

 
Papaipema eryngii                      Rattlesnake-master       AR, IL, IN, IA, KY, MO,  Insect
                                        Borer Moth               NC, OK
----------------------------------------------------------------------------------------------------------------
Sphingicampa blanchardi                Royal Moth (no common    TX, Mexico               Insect
                                        name)
----------------------------------------------------------------------------------------------------------------
Argia sabino                           Sabino Dancer            AZ                       Insect
----------------------------------------------------------------------------------------------------------------
Anacroneuria wipukupa                  Stonefly (no common      AZ, Mexico               Insect
                                        name)
----------------------------------------------------------------------------------------------------------------
Agapema galbina                        Tamaulipan Agapema       AZ, TX, Mexico           Insect
----------------------------------------------------------------------------------------------------------------
Archeolarca cavicola                   Grand Canyon Cave        AZ                       Arachnid
                                        Scorpion
----------------------------------------------------------------------------------------------------------------
Cambarus subterraneus                  Delaware County Cave     OK                       Crustacean
                                        Crayfish
----------------------------------------------------------------------------------------------------------------
Orconectes saxatilis                   Kiamichi Crayfish        OK                       Crustacean
----------------------------------------------------------------------------------------------------------------
Cambarus tartarus                      Oklahoma Cave Crayfish   OK                       Crustacean
----------------------------------------------------------------------------------------------------------------
Lirceolus smithii                      Texas Troglobitic Water  TX                       Crustacean
                                        Slater
----------------------------------------------------------------------------------------------------------------
Agalinis navasotensis                  Navasota False Foxglove  TX                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Amoreuxia gonzalezii                   Santa Rita Yellowshow    AZ, Mexico               Flowering Plant
----------------------------------------------------------------------------------------------------------------
Amsonia tharpii                        Tharp's Blue-star        NM, TX                   Flowering Plant
----------------------------------------------------------------------------------------------------------------
Asclepias prostrata                    Prostrate Milkweed       TX, Mexico               Flowering Plant
----------------------------------------------------------------------------------------------------------------
Astragalus hypoxylus                   Huachuca Milk-vetch      AZ, Mexico               Flowering Plant
----------------------------------------------------------------------------------------------------------------
Castilleja ornata                      Glowing Indian-          NM, Mexico               Flowering Plant
                                        paintbrush
----------------------------------------------------------------------------------------------------------------
Erigeron piscaticus                    Fish Creek Fleabane      AZ                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Eriogonum mortonianum                  Morton's Wild Buckwheat  AZ                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Genistidium dumosum                    Brush-pea                TX, Mexico               Flowering Plant
----------------------------------------------------------------------------------------------------------------
Hexalectris revolute                   Chisos Coralroot         AZ, TX, Mexico           Flowering Plant
----------------------------------------------------------------------------------------------------------------
Lesquerella kaibabensis                Kaibab Bladderpod        AZ                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Paronychia congesta                    Bushy Whitlow-wort       TX                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Pediomelum pentaphyllum                Chihuahua Scurfpea       AZ, NM, TX, Mexico       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Salvia pentstemonoides                 Big Red Sage             TX                       Flowering Plant
----------------------------------------------------------------------------------------------------------------
Donrichardsonia macroneuron            Moss (no common name)    TX                       Fern Ally
----------------------------------------------------------------------------------------------------------------

Evaluation of Information for this Finding

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations at 50 CFR 424 set forth the procedures for adding a species 
to, or removing a species from, the Federal Lists of Endangered and 
Threatened Wildlife and Plants. A species may be determined to be an 
endangered or threatened species due to one or more of the five factors 
described in section 4(a)(1) of the Act: (A) the present or threatened 
destruction, modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; or (E) other natural or manmade factors 
affecting its continued existence.
    In making this 90-day finding, we evaluated whether information 
regarding threats to each of the 192 species, as presented in the 
petition and other information in our files, is substantial, thereby 
indicating that the petitioned action may be warranted. Our evaluation 
is presented below. For each species, we fully evaluated all 
information available to us through the NatureServe website, 
information cited in NatureServe available on the Internet or in local 
libraries, and other information readily available in our files.

Species Placed in Categories A and B for Which Substantial Information 
Was Not Presented

    Factor A, The present or threatened destruction, modification, or 
curtailment of a species' habitat or range: For each of the species we 
placed in Categories A and B (Table 1 above), no information was 
presented on threats specific to the species or their habitats; 
therefore, we find the petition, including all available references and 
the NatureServe species files, does not present substantial information 
that the present or threatened destruction,

[[Page 66875]]

modification, or curtailment of habitat or range is a threat to any of 
the 74 species in Categories A and B (Table 1).
    Factor B, Overutilization of species for commercial, recreational, 
scientific, or educational purposes: For each of the species we placed 
in Categories A and B (Table 1, above), no information was presented on 
threats to the species or their habitats; therefore we find the 
petition, including all available references and the NatureServe 
species files, does not present substantial information that 
overutilization for commercial, recreational, scientific, or 
educational purposes is a threat to any of the 74 species in Categories 
A and B (Table 1).
    Factor C, Disease or predation: For those species we placed in 
Categories A and B (Table 1, above), no information was presented on 
threats specific to the species or their habitats; therefore we find 
the petition, including all available references and the NatureServe 
species files, does not present substantial information that disease or 
predation is a threat to any of the 74 species in Categories A and B 
(Table 1).
    Factor D, Inadequacy of existing regulatory mechanisms: For those 
species we placed in Categories A and B (Table 1, above), no 
information was presented on threats specific to the species or their 
habitats; therefore we find the petition, including all available 
references and the NatureServe species files, does not present 
substantial information that the inadequacy of existing regulatory 
mechanisms is a threat to any of the 74 species in Categories A and B 
(Table 1).
    Factor E, Other natural or manmade factors affecting species' 
continued existence: For those species we placed in Categories A and B 
(Table 1, above), no information was presented on threats specific to 
the species or their habitats; therefore we find the petition, 
including all available references and the NatureServe species files, 
does not present substantial information that other natural or manmade 
factors affecting the species' continued existence are threats to any 
of the 74 species in Categories A and B (Table 1).
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing the 74 species in 
Categories A and B may be warranted.

Species for Which Threat Information Was Presented, But For Which 
Substantial Information Was Not Presented

Mammals

Strecker's Pocket Gopher (Geomys streckeri)
    Strecker's pocket gopher is known from two localities in Dimmit and 
Zavala Counties, Texas (NatureServe 2007). No further information 
regarding the historical or current distribution or status of the 
species was presented.
    Factors A, B, C, and D: No information was presented in the 
petition concerning threats to this species from these factors.
    Factor E: NatureServe (2007) identifies rarity as a threat to 
Strecker's pocket gopher. In the absence of information identifying 
other threats to the species and linking those to the rarity of the 
species, we do not consider rarity to be a threat.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing the Strecker's pocket 
gopher may be warranted.

Snails

Big Hatchet Woodlandsnail (Ashmunella mearnsii)
    The Big Hatchet woodlandsnail is known to occur on talus slopes 
(rock piles formed at the base of cliffs) in the mountains of eastern 
Hidalgo County in southwestern New Mexico (Metcalf and Smartt 1997). 
Recently, the species was collected from isolated populations within 
the range of the Big Hatchet Mountains at Zeller Peak, Mescal Canyon, 
Chaney Canyon (also called Chainey Canyon), Big Hatchet Peak, and 
Thompson Canyon (Lang 2005). The species likely formerly occupied the 
Little Hatchet Mountains and Howells Ridge to the northwest of the Big 
Hatchet Mountains as indicated by the presence of fossils in those 
areas (Lang 2005).
    Factor A: A prescribed burn of 4,856 hectares (ha) (12,000 acres 
(ac)) was planned for late spring to early summer of 2005 to control 
woody plant overgrowth in the north-central range of the Big Hatchet 
Mountains. Such a fire could threaten the persistence of isolated 
populations of the Big Hatchet woodlandsnail (Lang 2005). In addition, 
since the species inhabits talus slopes, which are sparsely vegetated 
and probably unlikely to have much fuel load, it is likely that the 
species and its habitat have withstood previous wildfires or prescribed 
burns in the past. No information was provided on whether the burn 
occurred, or how the species may have responded to it. We have 
determined that this information does not meet the substantial 
information standard.
    Factors B, C, and D: No information was presented in the petition 
concerning threats to this species from these factors.
    Factor E: The Big Hatchet woodlandsnail and Hacheta Grande 
woodlandsnail (Ashmunella hebardi) co-occur and hybridize in a narrow 
and abrupt zone of contact of approximately 0.259 square kilometers 
(km) (0.1 square miles (mi)) in southwestern Chaney Canyon (Lang 2005). 
However, the area where hybrids occur is small relative to the size of 
the area occupied by the Big Hatchet woodlandsnail (Lang 2005). No 
information was presented indicating that this narrow zone of 
hybridization is resulting in impacts to the species. We have 
determined that this information does not meet the substantial 
information standard.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing the Big Hatchet 
woodlandsnail may be warranted.
Fossil Springsnail (Pyrgulopsis simplex)
    The fossil springsnail is found at a spring near Strawberry, Gila 
County, and Fossil Springs, Yavapai County, Arizona (AGFD 2003) in the 
lower Verde River watershed (NatureServe 2007). Individuals of the 
species are typically found in the headsprings and upper sections of 
the outflow. They are gill breathers and, therefore, require 
perennially flowing water (AGFD 2003). Springsnails in the genus 
Pyrgulopsis are generally found on rock or aquatic plants in moderate 
current. The occupied springs are on the Coconino and Tonto National 
Forests. The fossil springsnail was formerly a candidate 2 species, a 
taxon for which information in our possession indicated that proposing 
to list was possibly appropriate, but for which persuasive data on 
biological vulnerability and threat were not available to support a 
proposed listing rule. This species has had no Federal Endangered 
Species Act status since the practice of maintaining a list of 
candidate 2 species was discontinued in 1996.
    Factor A: According to AGFD (2003), the fossil springsnail is 
threatened by water development activities and deterioration or 
disappearance of its habitat; however, they also note that the fossil 
springsnail has experienced no apparent reduction in range or

[[Page 66876]]

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

[[Page 66877]]

2007). Since only one occurrence is known with certainty and the only 
known occurrence is small, occupying a very restricted habitat, 
abundance may be considered very low relative to most other organisms 
(NatureServe 2007).
    Factor A: NatureServe (2007) indicates probable threats include 
trampling and other degradation of the aquatic site by livestock, and 
the potential for diversion or other flow alteration; however, no 
information is presented indicating that these activities are occurring 
or are likely to occur in the future in occupied habitats. We have 
determined that this information does not meet the substantial 
information standard.
    Factor B, C, D, and E: No information was presented in the petition 
concerning threats to this species from these factors.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing the Limpia Creek 
springsnail may be warranted.
Montezuma Well Springsnail (Pyrgulopsis montezumensis)
    The Montezuma Well springsnail is known to occur in Montezuma Well, 
a unit of Montezuma Castle National Monument, in Yavapai County, 
Arizona (NatureServe 2007). No further information regarding the 
historical or current distribution or status of the species was 
presented.
    Factors A, B, C, and D: No information was presented in the 
petition concerning threats to this species from these factors.
    Factor E: The Arizona Game and Fish Department (AGFD 1998) 
identifies restricted geographic distribution as a threat to the 
Montezuma Well springsnail. In the absence of additional information 
identifying other threats to the species and linking one or more of 
those threats to the species, we do not consider a restricted 
geographic range to be a threat.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing the Montezuma Well 
springsnail may be warranted.
Naegele Springsnail (Pyrgulopsis metcalfi)
    The Naegele springsnail is found in the outflows of Naegele Springs 
(Rio Grande River basin), Presidio County, western Texas. Fossils from 
two localities in the Pecos River valley in New Mexico and Texas may 
also be Naegele springsnails (Taylor 1987). It is reported to be common 
at the single known occurrence, but quantitative population estimates 
are not provided (NatureServe 2007). Since only one occurrence is known 
with certainty and the only known occurrence is small, occupying 
restricted habitat, abundance may be considered very low relative to 
most other organisms (NatureServe 2007).
    Factor A: NatureServe (2007) indicates probable threats include 
trampling and other degradation of the aquatic site by livestock, and 
the potential for alteration of the sole aquatic site of occurrence; 
however, no information is presented indicating that these activities 
are occurring or are likely to occur in the future in occupied 
habitats. We have determined that this information does not meet the 
substantial information standard.
    Factor B, C, D, and E: No information was presented in the petition 
concerning threats to this species from these factors.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing the Naegele 
springsnail may be warranted.
San Andreas Woodlandsnail (Ashmunella kochii)
    The San Andreas woodlandsnail is known to occur in the San Andres 
Mountains, Dona Ana County, New Mexico, and the Caballo Mountains to 
the west of the San Andres Mountains in Sierra County (Metcalf and 
Smartt 1997; Sullivan 1997). It primarily occurs in rock seams in steep 
canyons and cliffs associated with moderately moist vegetation and 
abundant shade (NatureServe 2007).
    Factor A: According to Sullivan (1997), a road may be built to the 
peak of Quartzite Mountain in a portion of the San Andres Mountains, 
which would destroy some of the habitat of the species. No information 
was provided on whether the road has been constructed or if it may be 
constructed at some point in the future. The portion of the species' 
habitat that would be impacted by such a road appears small relative to 
the range of the species. We have determined that this information does 
not meet the substantial information standard.
    Factors B, C, D, and E: No information was presented in the 
petition concerning threats to this species from these factors.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing the San Andreas 
woodlandsnail may be warranted.

Insects

Blanchard's Sphinx Moth (Adhemarius blanchardorum)
    Blanchard's sphinx moth is known to occur in the Chisos Mountains 
in Brewster County, Texas (NatureServe 2007). Almost all known 
specimens are from Panther Pass and adjacent Green Gulch in Big Bend 
National Park. The species' range may extend south into the Sierra 
Madre Orientale of Mexico; however, no occurrences south of the U.S. 
border are documented (NatureServe 2007). No further information 
regarding the historical or current distribution or status of the 
species was presented.
    Factors A, B, C, and D: No information was presented in the 
petition concerning threats to this species from these factors.
    Factor E: NatureServe (2007) identifies rarity as a threat to 
Blanchard's sphinx moth. In the absence of information identifying 
other threats to the species and linking those threats to the rarity of 
the species, we do not consider rarity to be a threat.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing Blanchard's sphinx 
moth may be warranted.
Caddisfly (no common name) (Phylocentropus harrisi)
    NatureServe (2007) cites Morse et al. (1997) and personal 
communications with J. Morse in 2000 and 2004 in stating that the 
caddisfly is known to occur in the Southern Appalachian States and 
Texas. No further information regarding the historical or current 
distribution or status of the species was presented.
    Factor A: Morse et al. (1997) identify multiple historical and 
potential current threats to the mayflies, dragonflies, damselflies, 
stoneflies, and caddisflies of the southeastern United States including 
agriculture, dams, deforestation, acid precipitation, sedimentation, 
and residential development. However, the discussions in Morse et al. 
(1997) are general in nature and do not identify which activities are 
currently impacting any species in particular nor do they identify 
which threats may be occurring in which habitats. We have determined 
that this information does not meet the substantial information 
standard.
    Factors B, C, D, and E: No information was presented in the 
petition

[[Page 66878]]

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

[[Page 66879]]

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

Arachnids

Cave Obligate Spider (no common name) (Thymoites minero)
    This cave obligate spider can be found in tangled webs built under 
stones, against walls, and in cracks and crevices in caves within 
Cochise County, Arizona (AGFD 2005). AGFD (2005) indicates that further 
study is needed to determine distribution and population size, as well 
as life history traits of the spider.
    Factor A: AGFD (2005) identifies development and vandalism as 
potential threats to cave invertebrates; however, no information 
specific to this cave-obligate species or its habitat was presented. We 
have determined that this information does not meet the substantial 
information standard.
    Factors B, C, D, and E: No information was presented in the 
petition concerning threats to this species from these factors.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing the cave obligate 
spider may be warranted.

Crustaceans

Blackbelted Crayfish (Procambarus nigrocinctus)
    According to NatureServe (2007), the blackbelted crayfish is known 
to occur in five sites in the Neches River basin in Angelina and Jasper 
Counties, Texas. Blackbelted crayfish occur among rocks and accumulated 
debris in small, moderately flowing creeks (NatureServe 2007). No 
further information regarding the historical or current distribution or 
status of the species was presented.
    Factor A: NatureServe (2007) indicates that several sites are near 
an airport and that development could eliminate populations; however, 
there is

[[Page 66880]]

no discussion or information provided which indicates any adverse 
impacts to the species as a result of its location near an airport nor 
an indication of whether development is occurring or is likely to occur 
in occupied habitats. We have determined that this information does not 
meet the substantial information standard.
    Factors B, C, D, and E: No information was presented in the 
petition concerning threats to this species from these factors.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing the blackbelted 
crayfish may be warranted.
Neches Crayfish (Procambarus nechesae)
    The Neches crayfish is known to occur in five sites in the Neches 
River basin in Angelina and Trinity Counties, Texas (NatureServe 2007). 
According to NatureServe (2007), Neches crayfish form simple burrows in 
temporary or semipermanent pools in roadside ditches. No further 
information regarding the historical or current distribution or status 
of the species was presented.
    Factor A: NatureServe (2007) identifies land alteration as a threat 
to the Neches crayfish, but does not indicate what type of land 
alteration may be occurring or the impacts such alteration could have 
on the species. We have determined that this information does not meet 
the substantial information standard.
    Factors B, C, and D: No information was presented in the petition 
concerning threats to this species from these factors.
    Factor E: NatureServe (2007) states that there are few known 
occurrences of the Neches crayfish and that it appears to be restricted 
to a small watershed. In the absence of information identifying other 
threats to the species and linking those threats to rarity or 
geographic distribution the species, we do not consider rarity or 
restricted geographic distribution to be a threat. We note that 
NatureServe (2007) also states that more and better surveys will 
probably at least double the number of occurrences.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing the Neches crayfish 
may be warranted.
Spinythumb Fairy Shrimp (Streptocephalus moorei)
    The spinythumb fairy shrimp is known from a site north of the town 
of Jimenez in northern Chihuahua, Mexico, and from two counties in 
southern New Mexico (Maeda-Martinez et al. 2005). In New Mexico, the 
species has been discovered recently in two pools in the town of 
Columbus in Luna County and in a stock tank in Sierra County (Maeda-
Martinez et al. 2005). The area of occupancy is small, though three of 
the four sites are widely separated (NatureServe 2007). According to 
NatureServe (2007), the species was found at the northern Mexico site 
only in 1971 and has not been found there since, despite repeated 
visits. Maeda-Martinez et al. (2005) indicate that it may be extirpated 
there.
    Factor A: According to NatureServe (2007), habitat destruction is 
the greatest threat to the species. Maeda-Martinez et al. (2005) 
indicates that extension of Federal Highway Number 45 is altering the 
habitat at the northern Mexico site. However, the highway construction 
threatens the site where the species has not been found since 1971, 
despite repeated visits. No specific information on habitat destruction 
was presented for the remaining three sites. We have determined that 
this information does not meet the substantial information standard.
    Factors B, C, D, and E: No information was presented.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing of the spinythumb 
fairy shrimp may be warranted.

Flowering Plants

Arenaria livermorensis (Livermore Sandwort)
    Arenaria livermorensis is an herbaceous plant that inhabits 
crevices and cracks on cliffs and bare igneous rock walls at high 
elevations (NatureServe 2007). This species is known only from Mt. 
Livermore, Jeff Davis County, Texas (NatureServe 2007).
    Factor A: NatureServe (2007) identifies habitat loss and 
degradation as a threat to Arenaria livermorensis; however, the cause 
of loss and degradation of habitat was not specified. NatureServe 
(2007) states that the possible development of an observatory on top of 
Mt. Livermore may constitute a threat to the species; however, there is 
no information indicating whether this development took place or may 
still take place. We have determined that this information does not 
meet the substantial information standard.
    Factors B, C, D, and E: No information was presented in the 
petition concerning threats to this species from these factors.
    Based on our evaluation of the information provided in the petition 
and in our files, we have determined that the petition does not present 
substantial information to indicate that listing Arenaria livermorensis 
may be warranted due to the present or threatened destruction, 
modification, or curtailment of its habitat or range.
Argemone arizonica (Arizona Prickle-poppy)
    Argemone arizonica is a plant known to occur on steep rocky slopes 
on the north wall of Grand Canyon National Park, Coconino County, 
Arizona (NatureServe 2007). No further information regarding the 
historical or current distribution or status of the species was 
presented.
    Factor A: NatureServe (2007) identifies trampling from hiking as a 
possible threat to the species, but does not indicate whether trampling 
is occurring or is likely to occur in the future. Further, because 
Argemone arizonica is found on steep rocky slopes on canyon walls, it 
is not clear that recreationists would favor that type of habitat for 
hiking. We have determined that this information does not meet the 
substantial information standard.
    Factors B, C, D, and E: No information was presented in the 
petition concerning threats to this species from these factors.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing Argemone arizonica may 
be warranted.
Batesimalva violacea (Purple Gay-mallow)
    Batesimalva violacea is a shrub known to occur in the Chisos 
Mountains of southern Brewster County, Texas, and is thought to occur 
in Coahuila and Nuevo Leon, Mexico (NatureServe 2007). No further 
information regarding the historical or current distribution or status 
of the species was presented.
    Factors A and B: No information was presented in the petition 
concerning threats to this species from these factors.
    Factor C: NatureServe (2007) identifies grazing as a threat to 
Batesimalva violacea, but does not indicate whether grazing is 
occurring or is likely to occur in the future in occupied habitats 
Further, NatureServe (2007) does not indicate how grazing

[[Page 66881]]

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

[[Page 66882]]

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

[[Page 66883]]

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

[[Page 66884]]

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

Ferns and Allies

Grimmia americana (no common name)
    Grimmia americana is a moss known to occur in western Texas, 
southern Nevada, and central Arizona (NatureServe 2007). No further 
information regarding the historical or current distribution or status 
of the species was presented.
    Factor A: Stark (1999) states that the Grimmia americana population 
in Clark County, Nevada, occurs at an entry point to a canyon 
containing petroglyphs, and due to relatively high public access, is 
likely impacted by trampling by humans. Because this species is known 
to occur on cliffs and boulders (NatureServe 2007), it is likely 
somewhat protected from recreational users. No information is presented 
concerning recreational use at the Texas or Arizona site. We have 
determined that this information does not meet the substantial 
information standard.
    Factors B, C, D, and E: No information was presented in the 
petition concerning threats to this species from these factors.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing Grimmia americana may 
be warranted.
Riccia californica (no common name)
    Riccia californica is a moss reported from west-central Oregon 
south to San Francisco and Santa Clara Counties in northern California, 
with a disjunct population reported from San Diego County in southern 
California (Stark and Whittemore 1992; NatureServe 2007). It has also 
been reported from Texas (Schuster 1992).
    Factor A: NatureServe (2007) indicates the population in southern 
California may be threatened by

[[Page 66885]]

development, but the nature of the development and impact on the 
species were not discussed. Additionally, no information was presented 
concerning the present or threatened destruction, modification, or 
curtailment of its habitat in the rest of its range in northern 
California, Oregon, and Texas. We have determined that this information 
does not meet the substantial information standard.
    Factors B, C, D, and E: No information was presented in the 
petition concerning threats to this species from these factors.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing Riccia californica may 
be warranted.

Lichens

Acarospora clauzadeana (no common name)
    Acarospora clauzadeana is a lichen known to occur near Roswell in 
Chaves County, New Mexico; near Almeria in Andalusia, Spain; and near 
Cuatro Cienegas in Coahuila, Mexico (NatureServe 2007). In New Mexico, 
it is very specific in where it colonizes as it is restricted to pure 
gypsum that has been eroded to knife-sharp edges (NatureServe 2007). 
The current size of the area occupied by this species is apparently 
small, even though it occurs in three distinct parts of the world 
(NatureServe 2007). The lichen is sparsely distributed throughout its 
local area in New Mexico. It is difficult to quantify abundance of this 
species because it deeply penetrates stony rocks. It is not clearly 
known how this species disperses and whether it has relatively recently 
colonized certain sites or it was once more common than it is now and 
surviving historic sites are being observed (NatureServe 2007). The 
status of the populations in Spain and Mexico are unknown (NatureServe 
2007).
    Factor A: NatureServe (2007) indicates that gypsum mining, off-road 
vehicle use, and other recreational activities are potential threats to 
Acarospora clauzadeana, but does not indicate whether any of these 
activities are occurring or are likely to occur in occupied habitats. 
Additionally, NatureServe (2007) indicates that its habitat is 
naturally subject to erosion such that any activity that accelerates 
erosion would threaten the species; however, NatureServe (2007) does 
not identify any specific erosion accelerating threats occurring or 
likely to occur in occupied habitats. We have determined that this 
information does not meet the substantial information standard.
    Factor B, C, D, and E: No information was presented in the petition 
concerning threats to this species from these factors.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing Acarospora clauzadeana 
may be warranted.
Omphalora arizonica (no common name)
    Omphalora arizonica is a lichen known to occur in the mountains in 
Santa Cruz and Apache Counties, Arizona; in Bernalillo, Lincoln, Otero, 
San Miquel, Union, and Do[ntilde]a Ana Counties, New Mexico; and in 
Larimer, Mineral, and Saguache Counties, Colorado (NatureServe 2007).
    Factor A: NatureServe (2007) identifies mechanical disturbance such 
as rock climbing in the Sandia Mountains of New Mexico as a threat to 
Omphalora arizonica; however, this threat is not considered by 
NatureServe to be of significant concern. We have determined that this 
information does not meet the substantial information standard.
    Factors B, C, and D: No information was presented in the petition 
concerning threats to this species from these factors.
    Factor E: NatureServe (2007) identifies air pollution as a threat 
to Omphalora arizonica, but does not identify the nature of such 
pollution nor its impacts on this lichen. We have determined that this 
information does not meet the substantial information standard.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition does not present 
substantial information to indicate that listing Omphalora arizonica 
may be warranted.

Species For Which Substantial Information Was Presented

Reptiles

Arizona Striped Whiptail (Aspidoscelis arizonae)
    The Arizona striped whiptail is a lizard which inhabits grasslands 
and shrublands and is reported to occur in a small range in 
southeastern Arizona, including in the vicinity of the towns of Willcox 
(Cochise County) and Fairbank (Cochise County), and the Hackberry Ranch 
in Whitlock Valley (Graham County) (Sullivan et al. 2005). Surveys from 
2000 through 2003 found the species near Willcox and near Bonita (where 
not previously recorded), but not in the Whitlock Valley (Sullivan et 
al. 2005). Sullivan et al. (2005) did not find appropriate habitat at 
the historical Fairbank site and believe it was a base camp rather than 
the actual collection site.
    Factor A: NatureServe cited the AGFD (2006) in indicating that 
habitat degradation due to urban and agricultural development and 
improper livestock grazing may be threats to the species. Sullivan et 
al. (2005) noted that one historical collecting site is now a housing 
development where they found no whiptails during their surveys. While 
they found the species at seven of eight historical collecting sites, 
they found evidence of recent heavy grazing at most sites occupied by 
the species (Sullivan et al. 2005).
    Factor B, C, D, and E: No information was presented in the petition 
concerning threats to this species from these factors.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition presents substantial 
information to indicate that listing the Arizona striped whiptail may 
be warranted due to the present or threatened destruction, 
modification, or curtailment of its habitat or range resulting from 
development and improper livestock grazing.

Amphibians

Black-spotted Newt (Notophthalmus meridionalis)
    The black-spotted newt is known to occur along the Gulf Coastal 
Plain, from south of the San Antonio River in Texas southward to 
Tamaulipas, northern Veracruz, and southeastern San Luis Potosi, Mexico 
(NatureServe 2007). Adults, juveniles, and larvae of the species 
inhabit permanent and temporary ponds, roadside ditches, and quiet 
stream pools. The species is usually found among submerged vegetation 
such as Chara spp. (muskgrass) and under rocks and other shelter when 
ponds dry up (NatureServe 2007). NatureServe (2007) reports results 
from a Service survey in the mid-1980's whereby the black-spotted newt 
was observed at 5 localities, 2 in Texas and 3 in Mexico, during 221 
surveys conducted. Additionally, NatureServe (2007) reports that the 
species could be absent from two of the three known localities in 
Mexico, but still exists in Siberia in northern Veracruz. The black-
spotted newt was formerly a candidate 2 species, a taxa for which 
information in our possession indicated that

[[Page 66886]]

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

[[Page 66887]]

available in our files confirms that droughts occur in this region of 
south-central Texas (72 FR 71040, December 13, 2007).
    Factor B: No information was presented in the petition concerning 
threats to this species from this factor.
    Factor C: Bruce (1976) indicates that a high mortality rate in 
juvenile Texas salamanders may be due to high predation, but provides 
no information on the type of predation that may be occurring. We have 
determined that this information does not meet the substantial 
information standard.
    Factors D and E: No information was presented in the petition 
concerning threats to this species from these factors.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition presents substantial 
information to indicate that listing the Texas salamander may be 
warranted due to the present or threatened destruction, modification, 
or curtailment of its habitat or range resulting from drought.

Fish

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

[[Page 66888]]

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

[[Page 66889]]

Holloman Air Force Base, where the White Sands pupfish typically occurs 
in clear, shallow water over a variety of substrates, ranging from sand 
and gravel to silt and mud (NatureServe 2007, U.S. Army et al. 2006).
    Factor A: NatureServe (2007) identifies habitat alteration as a 
threat to the White Sands pupfish. According to NatureServe (2007), 
feral horses degrade aquatic habitats; however, no further discussion 
was provided. We have no information that feral horses occur in that 
portion of the Tularosa Basin; however, information in our files 
indicates that oryx (Oryx gazelle), an exotic African ungulate, occurs 
and breeds year long in the area (Rowley 2001). NatureServe (2007) 
states that missile impact in pupfish habitat may affect or eliminate a 
population. We have information in our files that missile firing 
activity occurs in the area (U.S. Army et al. 2006). According to 
NatureServe (2007), surface water withdrawal is prohibited, but 
military activities, such as road construction, may require the use of 
groundwater, which may affect the quality of aquatic habitats. 
NatureServe (2007) states that introduced salt cedar (Tamarix spp.) has 
spread throughout the area occupied by the pupfish and may affect water 
levels or suitability of pupfish habitat. NatureServe (2007) states 
that the use of off-road vehicles by recreationalists or for military 
activities is a threat to the species; however, no further discussion 
is provided.
    Factors B and C: No information was presented in the petition 
concerning threats to this species from these factors.
    Factor D: The White Sands pupfish is managed under the 
implementation of a management plan jointly administered by NMDGF, the 
Service, the U.S. National Park Service, Holloman Air Force Base, and 
White Sands Missile Range (NatureServe 2007). We do not have 
information on the effectiveness of the implementation of this 
management plan; however, we will evaluate it more thoroughly during 
our status review for the species.
    Factor E: No information was presented in the petition concerning 
threats to this species from this factor.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition presents substantial 
information to indicate that listing the White Sands pupfish may be 
warranted, resulting from an exotic ungulate, missile-firing activity, 
water withdrawal, and the introduced plant salt cedar.
Widemouth Blindcat (Satan eurystomus)
    The widemouth blindcat is a catfish known to occur in five artesian 
wells penetrating the San Antonio Pool of the Edwards Aquifer in and 
near San Antonio, Bexar County, Texas (NatureServe 2007).
    Factor A: Ono et al. (1983) identify decreasing water levels in the 
Edwards Aquifer and contamination from chemical pollution as threats to 
the toothless blindcat. The Edwards Aquifer supplies irrigation and 
drinking water to the area around San Antonio, Texas (Ono et al. 1983). 
Projected increases in the human population around San Antonio will 
likely result in an increase in water usage which would lower the water 
level in the aquifer to below the rainfall recharge zone (Ono et al. 
1983). In addition, Anderson et al. (1995) includes local habitat 
disturbances, such as the alteration of instream flow and 
eutrophication as threats to the species. Eutrophication is caused by 
an excess of nutrients, such as nitrogen and phosphorus, which 
stimulate excessive plant growth that results in the depletion of 
dissolved oxygen needed by the toothless blindcat.
    As such, the species may be vulnerable to pollution and depletion 
of the aquifer (Ono et al. 1983). In addition, Anderson et al. (1995) 
includes local habitat disturbances, such as the alteration of instream 
flow and eutrophication, as being threats to the species.
    Factors B, C, and D: No information was presented in the petition 
concerning threats to this species from these factors.
    Factor E: Competition may be a threat due to the rapid increase of 
exotic species within the widemouth blindcat's occupied habitat 
(Anderson et al. 1995).
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition presents substantial 
information to indicate that listing the widemouth blindcat may be 
warranted due to the present or threatened destruction, modification, 
or curtailment of its habitat or range other natural or manmade factors 
affecting its continued existence resulting from water drawdown and 
pollution, or to other natural or manmade factors affecting its 
continued existence resulting from competition.

Clams

Louisiana Pigtoe (Pleurobema riddellii)
    The Louisiana pigtoe is a freshwater mussel historically known to 
occur as far west as the San Jacinto and Trinity Rivers, Texas, 
eastward through the Neches and Sabine systems into the Red River and 
Bayou Pierre of north central Louisiana (Howells et al. 1996, 1997). We 
have information in our files that in an extensive survey for mussels 
throughout Texas, Howells (2006) found the species at only two sites in 
eastern Texas and concluded that it has declined in Texas in recent 
decades.
    Factor A: NatureServe (2007) indicates that general human 
modification of the area, including timber cutting, gravel and sand 
removal, is impacting mussel species within the region. The Louisiana 
Department of Wildlife and Fisheries (2007) identifies loss of habitat 
as a result of siltation and impoundments, and stream pollution as 
threats to the species in that state. Additional threats likely to 
affect the species in Texas are poor land and water management 
practices resulting in the loss of mussel habitat (Howells et al. 1997) 
and improper flow control from an upstream dam in the Neches River 
(Howells 2006).
    Factor B: Turgeon et al. (1998) identify overharvesting as a threat 
to mussel species in general; however, no information specific to this 
species was presented.
    Factors C and D: No information was presented in the petition 
concerning threats to this species from these factors.
    Factor E: Turgeon et al. (1998) identify contamination by viruses, 
bacteria, harmful algal blooms, and toxic chemicals as threats to 
shellfish; however, no information specific to the Louisiana pigtoe was 
provided. Turgeon et al. (1998) also identify competition from 
introduced species as a threat to mollusk species in general; however, 
no information specific to the Louisiana pigtoe was provided.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition presents substantial 
information to indicate that listing the Louisiana pigtoe may be 
warranted due to the present or threatened destruction, modification, 
or curtailment of its habitat or range resulting from general human 
modification of the water and adjacent land, siltation, impoundments, 
and water pollution.
Sangre de Cristo Peaclam (Pisidium sanguinichristi)
    The Sangre de Cristo peaclam is a small freshwater clam known to 
occur in Middle Fork Lake, Taos County, New Mexico (NMDGF 2008). It is 
found in mud along emergent grasses in sheltered embankments and rocky 
substrates. NMDGF (2008) cites Taylor (1987), who

[[Page 66890]]

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

[[Page 66891]]

triangle pigtoe was provided. Turgeon et al. (1998) also identify 
competition from introduced species as a threat to mollusk species in 
general; however, no information specific to the triangle pigtoe was 
provided.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition presents substantial 
information to indicate that listing the triangle pigtoe may be 
warranted due to the present or threatened destruction, modification, 
or curtailment of its habitat or range resulting from sand deposition, 
and poor land and water management practices.

Snails

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

[[Page 66892]]

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

[[Page 66893]]

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

[[Page 66894]]

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

[[Page 66895]]

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

Insects

Colorado Tiger Beetle (Cicindela theatina)
    The Colorado tiger beetle, also known as the Great Sand Dunes tiger 
beetle, is a narrow endemic known only from the sand dunes of the Great 
Sand Dunes National Park and adjacent lands in the San Luis Valley, 
Colorado (NatureServe 2007). Adult Colorado tiger beetles prefer sandy 
slopes with sparse bunches of vegetation, generally less than 15-
percent vegetative cover, but are not found on open sand (Pineda and 
Kondratief 2003, p. 1). Larvae are restricted to burrowing in the 
cooler, more moist, and leeward, especially northeast, sides of the 
dunes. Suitable habitat is restricted to 290 square kilometers (Pineda 
and Kondratief 2003, p. 1). No accurate population estimates are 
available, although Nature Serve (2007) provided an educated guess of 
1000 to 10,000 individuals.
    Factor A: (NatureServe 2007) identifies the off-site depletion of 
groundwater in the San Luis Valley as an imminent threat to the 
species; it could change the hydrology of the sand dunes, possibly 
altering moisture gradients in the sands and decreasing

[[Page 66896]]

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

[[Page 66897]]

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

[[Page 66898]]

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

Arachnid

Grand Canyon Cave Scorpion (Archeolarca cavicola)
    The Grand Canyon cave scorpion is a pseudoscorpion, lacking a 
stinger that true scorpions possess (AGFD 2003). It occurs on or very 
near the soil surface in Cave of the Domes, Grand Canyon National Park, 
Coconino County, Arizona. The subterranean cave habitat is also 
occupied by bats and rodents, which are thought to be necessary to 
support the arthropod food base for the Grand Canyon cave scorpion 
(AGFD 2003). This pseudoscorpion was formerly a candidate 2 species, a 
taxon for which information in our possession indicated that proposing 
to list was possibly appropriate, but for which persuasive data on 
biological vulnerability and threat were not available to support a 
proposed listing rule. This species has had no Federal Endangered 
Species Act status since the practice of maintaining a list of 
candidate 2 species was discontinued in 1996.
    Factor A: According to AGFD (2003), threats to the scorpion include 
groundwater pollution and recreational impacts from cave visitation.
    Factors B and C: No information was presented in the petition 
concerning threats to this species from these factors.
    Factor D: AGFD (2003) indicates that Cave of the Domes is the only 
cave in Grand Canyon National Park for which visitation is not 
regulated, although the National Park Service has the authority to 
regulate recreational visitation.
    Factor E: No information was presented in the petition concerning 
threats to this species from this factor.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition presents substantial 
information to indicate that listing the Grand Canyon cave scorpion may 
be warranted due to the present or threatened destruction, 
modification, or curtailment of its habitat or range resulting from 
groundwater pollution and recreational

[[Page 66899]]

impacts, and to inadequacy of existing regulatory mechanisms resulting 
from unregulated visitation.

Crustaceans

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

[[Page 66900]]

    Factors B, C, D, and E: No information was presented.
    Based on our evaluation of the information provided in the petition 
and our files, we have determined that the petition presents 
substantial information to indicate that listing of the Texas 
troglobitic water slater may be warranted due to the present or 
threatened destruction, modification, or curtailment of its habitat or 
range resulting from aquifer drawdowns and decreasing water quality.

Flowering Plants

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

[[Page 66901]]

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

[[Page 66902]]

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

[[Page 66903]]

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

[[Page 66904]]

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

Fern Ally

Donrichardsia macroneuron (no common name)
    Donrichardsia macroneuron is an aquatic moss known to occur at 
Seven Hundred Springs on the South Llano River, Edwards County, Texas 
(Crum and Anderson 1981, Wyatt and Stoneburner 1980). It grows 
partially submerged in shaded areas in rapidly flowing water (Wyatt and 
Stoneburner 1980). Following an unsuccessful search of 11 similar 
spring sites in the Llano River watershed by Wyatt and Stoneburner 
(1980), they concluded that there are no longer sites downstream 
suitable for the species, although they believe such sites were 
historically occupied by the species.
    Factor A: According to NatureServe (2007) and Wyatt and Stoneburner 
(1980), the one occurrence at Seven Hundred Springs is threatened by 
drying due to drought. A prolonged drought in 1950-1958 dried the 11 
springs that were later searched for the species by Wyatt and 
Stoneburner (1980). NatureServe (2007) also claims the species is 
threatened by changes in hydrology, such as a rise in water level.

[[Page 66905]]

Wyatt and Stoneburner (1980) indicate that flooding is a potential 
threat to the species.
    Factors B, C, D, and E: No information was presented in the 
petition concerning threats to this species from these factors.
    Based on our evaluation of the information provided in the 
petition, we have determined that the petition presents substantial 
information to indicate that listing of Donrichardsia macroneuron may 
be warranted due to the present or threatened destruction, 
modification, or curtailment of its habitat or range resulting from 
drought or changes in hydrology.

Finding

    We reviewed and evaluated 192 of the 475 petitioned species, based 
on the information in the petition and the literature cited in the 
petition, and we have evaluated the information to determine whether 
the sources cited support the claims made in the petition relating to 
the five listing factors. We also reviewed reliable information readily 
available in our files.
    On the basis of our determination under section 4(b)(3)(A) of the 
Act, we have determined that the petition does not present substantial 
scientific or commercial information indicating that listing may be 
warranted for 125 species.
    We find that the petition presents substantial scientific or 
commercial information that listing the remaining 67 of the 192 species 
that we evaluated as threatened or endangered under the Act may be 
warranted. Because we have found that the petition presents substantial 
information that listing these 67 species may be warranted, we are 
initiating a status review to determine whether listing any of these 67 
species under the Act is warranted. We will issue a 12-month finding as 
to whether any of the petitioned actions are warranted.
    We previously determined that emergency listing of any of the 192 
species is not warranted. However, if at any time we determine that 
emergency listing of any of the species is warranted, we will initiate 
an emergency listing.
    The petitioners also request that critical habitat be designated 
for the species concurrent with final listing under the Act. If we 
determine in our 12-month finding, following the status review of the 
species, that listing is warranted, we will address the designation of 
critical habitat in the subsequent proposed rule.
    The ``substantial information'' standard for a 90-day finding 
differs from the Act's ``best scientific and commercial data'' standard 
that applies to a status review to determine whether a petitioned 
action is warranted. A 90-day finding does not constitute a status 
review under the Act. In a 12-month finding, we will determine whether 
a petitioned action is warranted after we have completed a thorough 
status review of the species, which is conducted following a 
substantial 90-day finding. Because the Act's standards for 90-day and 
12-month findings are different, as described above, a substantial 90-
day finding does not mean that the 12-month finding will result in a 
warranted finding.

References Cited

    A complete list of references cited is available on the Internet at 
Docket No. FWS-R2-ES-2008-0130 at http://www.regulations.gov and upon 
request from the Southwestern Regional Ecological Services Office (see 
FOR FURTHER INFORMATION CONTACT).

Author

    The primary authors of this document are the staff members of the 
Southwestern Regional Ecological Services Offices (see FOR FURTHER 
INFORMATION CONTACT).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (U.S.C. 1531 et seq.).

    Dated: December 4, 2009
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife Service
[FR Doc. E9-29699 Filed 12-15- 09; 8:45 am]
BILLING CODE 4310-55-S