[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Proposed Rules]
[Pages 51969-51974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20729]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R3-ES-2010-0034]
[MO 92201-0-0008]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition to List the Oklahoma Grass Pink Orchid as Endangered or 
Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition finding and initiation of status review.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on a petition to list Calopogon oklahomensis (Oklahoma 
grass pink orchid) as endangered or threatened under the Endangered 
Species Act of 1973, as amended (Act). Based on our review, we find 
that the petition presents substantial scientific or commercial 
information indicating that listing the plant species, C. oklahomensis, 
as endangered or threatened may be warranted. Therefore, with the 
publication of this notice, we are initiating a review of the status of 
the species to determine if listing C. oklahomensis as endangered or 
threatened is warranted. To ensure that this status review is 
comprehensive, we are requesting scientific and commercial data and 
other information regarding this 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 section 
4(b)(3)(B) of the Act.

DATES: To allow us adequate time to conduct this review, we request 
that we receive information on or before October 25, 2010. Please note 
that if you are using the Federal eRulemaking Portal (see ``ADDRESSES'' 
section, below), the deadline for submitting an electronic comment is 
midnight Eastern Standard Time on this date.

ADDRESSES: You may submit information by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. In 
the box that reads ``Enter Keyword or ID,'' enter the docket number for 
this finding, which is FWS-R3-ES-2010-0034. Check the box that reads 
``Open for Comment/Submission,'' and then click the Search button. You 
should then see an icon that reads ``Submit a Comment.'' Please ensure 
that you have found the correct rulemaking before submitting your 
comment.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R3-ES-2010-0034; 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 details).
    After the date specified above in DATES, you must submit 
information directly to the Field Office (see FOR FURTHER INFORMATION 
CONTACT section below). Please note that we might not be able to 
address or incorporate information that we receive after the date noted 
above.

[[Page 51970]]


FOR FURTHER INFORMATION CONTACT: Janice C. Engle, Field Supervisor, 
Chicago, Illinois Ecological Services Field Office, 1250 South Grove, 
Suite 103, Barrington, IL 60010, by telephone (847-381-2243), or by 
facsimile (847-381-2285). 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 
Calopogon oklahomensis (Oklahoma grass pink orchid) from governmental 
agencies, Native American Tribes, the scientific community, industry, 
and any other interested parties. We seek information on:
    (1) The species' biology, range, and population trends, including:
    (a) Habitat requirements;
    (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, its 
habitat, or both.
    (2) The 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.
    (3) The potential effects of climate change on this species and its 
habitat.
    If, after the status review, we determine that listing Calopogon 
oklahomensis is warranted, we will propose critical habitat (see 
definition in section 3(5)(A) of the Act), in accordance with section 4 
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 C. oklahomensis, 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, including managing for the potential 
effects of climate change.
    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 4 
of the Act.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    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 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 personal identifying 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 Service, Chicago, Illinois 
Ecological Services Field 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 the 
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 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 the 
finding promptly in the Federal Register.
    Our standard for substantial scientific or commercial 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 review of the status of the species, which will be 
subsequently summarized in our 12-month finding.

Petition History

    On May 28, 2008, we received a petition dated May 22, 2008, from 
Dr. Douglas Goldman of the Harvard University Herbaria requesting that 
Calopogon oklahomensis be listed as endangered or threatened under the 
Act. The petition clearly identified itself as such and included the 
requisite identification information for the petitioner, as required by 
50 CFR 424.14(a). In a September 15, 2008, letter to the petitioner, we 
responded that we reviewed the information presented in the petition 
and determined that issuing an emergency regulation temporarily listing 
the species as per section 4(b)(7) of the Act was not warranted because 
the species has extant populations in several States and most of the 
threats mentioned in the petition are not immediate in nature, but 
consist of ongoing issues (for example, fire suppression, overgrazing, 
and unfavorable mowing regimes) that may make areas less suitable for 
the species, but are not likely to cause immediate extirpation. We also 
stated that due to court orders and judicially approved settlement 
agreements for other listing determinations under the Act that required 
nearly all of our listing funding for fiscal year 2008, we would not be 
able to further address the petition at that time but would complete 
the action when workload and funding

[[Page 51971]]

allowed. On December 14, 2009, we received a 60-day notice of intent to 
sue for violation of sections 4(b)(3)(A and B) of the Act, relating to 
late petition findings for 140 species, including C. oklahomensis. On 
February 17, 2010, we received a complaint for failure to make timely 
petition findings on eight species, including C. oklahomensis. This 
finding addresses the petition.

Previous Federal Action

    There have been no previous Federal actions concerning this 
species.

Species Information

    Calopogon oklahomensis was described by D.H. Goldman as a new 
species in 1995 (Goldman 1995, p. 37). Morphological and phenological 
variation of the genus in the midwestern States was not previously 
recognized by Correll (1978) or Luer (1975) (in Goldman 1995, p. 41). 
However, genetic testing among the five species of the terrestrial 
orchid genus Calopogon for genetic variation indicates that C. 
oklahomensis is the most genetically distinct species out of the five 
species tested (Trapnell et al. 2004, p. 314). For this reason, we 
accept the characterization of C. oklahomensis as a distinct species of 
Calopogon, with a large geographic range, and many consistent 
morphological features (Goldman 1995, p. 41).
    Calopogon oklahomensis has a forked corm (a modified underground 
stem), with the new corm at the base of the leaf and the inflorescence 
(a branching stem with flowers) rapidly growing distally at the time of 
anthesis (the period from flowering to fruiting) (Goldman 1995, p. 39). 
The leaf is almost always as long as or longer than the inflorescence 
(Goldman 1995, p. 39). The flower buds are deeply grooved 
longitudinally, waxy and shiny, with elongated acuminate apices 
(narrowing to a point at the tip). The flowers are fragrant and open in 
succession (Goldman 1995, p. 39). The labellum disk (portion of the 
lower petal that is attached to the center of the flower) is pinkish 
with a basal region of short to long yellow hairs, above which there is 
a triangular region of short, stout, pinkish hairs, which extends to 
the labellum apex (terminal end of the lower petal) (Goldman 1995, p. 
39). The stigma (part of the female reproductive part of the flower) is 
flat against the column surface (Goldman 1995, p. 40).
    Calopogon oklahomensis occupies moist, loamy prairies, savannas, 
and sandy woodlands from central Minnesota southward to Texas, 
including the States of Wisconsin, Iowa, Illinois, Indiana, Kansas, 
Missouri, Tennessee, Arkansas, Oklahoma, Mississippi, Louisiana, and 
Florida, with a few scattered populations further east in South 
Carolina, Georgia, and Alabama (Goldman 1995, p. 40; Goldman et al. 
2004a, p. 707). C. oklahomensis appears to prefer moist to seasonally 
dry-mesic prairies, prairie-haymeadows, savannas and open woodlands, 
avoiding the wetter habitats preferred by other species of Calopogon 
(Goldman 1995, p. 40). This species appears to thrive under a frequent 
burning regime or haymeadow management where most or all of the above 
ground vegetation is effectively removed once every 1 to 2 years, with 
subsequent flowering within a year after the last burn or haymowing.
    Goldman (1995, p. 41) based the range of the species on collected 
specimens in six States (Arkansas, Kansas, Louisiana, Missouri, 
Oklahoma, and Texas) and hypothesized that it may have occurred 
historically in two additional States (Iowa and Illinois). The petition 
states that, historically, the range covers 17 States (Alabama, 
Arkansas, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Louisiana, 
Minnesota, Missouri, Mississippi, Oklahoma, South Carolina, Tennessee, 
Texas, and Wisconsin) (Petition, p. 2). NatureServe identifies the 
range of the species in only 12 States (Arkansas, Illinois, Iowa, 
Kansas, Louisiana, Minnesota, Mississippi, Missouri, Oklahoma, 
Tennessee, Texas, and Wisconsin) (NatureServe 2009).
    Information on the persistence and status is lacking for many areas 
historically occupied by Calopogon oklahomensis. We are unaware of 
specific information on population abundance of this species. Other 
than the petition, we are unaware of any year-round or long-term 
monitoring data on C. oklahomensis. Throughout its range, C. 
oklahomensis specimens have historically been confused with C. 
tuberosus, due to the difficulty in distinguishing the two species 
(Goldman 1995, pp. 37 - 41; Goldman et al. 2004b, pp. 37-38). For these 
reasons, the status of this species remains unclear.

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 considering what factors might constitute threats, we must look 
beyond the exposure of the species to a factor to evaluate whether the 
species may respond to the factor in a way that causes actual impacts 
to the species. If there is exposure to a factor and the species 
responds negatively, the factor may be a threat and, during the 
subsequent status review, we attempt to determine how significant a 
threat it is. The threat is significant, if it drives, or contributes 
to, the risk of extinction of the species such that the species may 
warrant listing as threatened or endangered as those terms are defined 
in the Act. However, the identification of factors that could impact a 
species negatively may not be sufficient to compel a finding that the 
information in the petition and our files is substantial. The 
information must include evidence sufficient to suggest that these 
factors may be operative threats that act on the species to the point 
that the species may meet the definition of threatened or endangered 
under the Act.
    In making this 90-day finding, we evaluate whether information 
regarding threats to Calopogon oklahomensis, as presented in the 
petition and other information available in our files, is substantial, 
thereby indicating that the petitioned action may be warranted. Our 
evaluation of this information is presented below.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of the Species' Habitat or Range.

Information Provided in the Petition
    The petition outlines several assertions regarding the present or 
threatened destruction, modification, or curtailment of Calopogon 
oklahomensis habitat or range, including:
    (1)The loss of native prairie, savanna, and open woodland habitat 
throughout the range of the species as a result of expanding 
urbanization, agriculture, and forestry land use;
    (2)Degradation of habitat due to fire suppression or infrequent 
burning; overgrazing; mowing without thatch removal, excessively 
frequent mowing, or mowing during the growing season before the fruit 
ripens; severe drainage of optimal habitat rendering mesic sites too 
dry to support the species; intense

[[Page 51972]]

soil disturbance and shading due to conversion to forestry plantations; 
and intensive trampling, deep local soil disturbance, and damage from 
vehicular traffic.
    The petitioner describes the decline of Calopogon oklahomensis 
range compared to its historical range (Petition, pp. 2-4). The 
petition indicates that, based on 237 herbarium specimen records, the 
species may be extirpated from nine States of historical occurrence 
(Alabama, Florida, Georgia, Iowa, Indiana, Kansas, Minnesota, South 
Carolina, and Tennessee) (Petition, p. 2). The petition also states 
that these same herbarium records indicate the species is believed to 
be extant in eight States; Arkansas, Illinois, Louisiana, Missouri, 
Mississippi, Oklahoma, Texas, and Wisconsin (Petition, p. 2). However, 
158 of those records date prior to 1958 (prior to 50 years ago), and 
183 date prior to 1978 (prior to 30 years ago) (Petition, p. 2). 
According to the petition, of the 233 records that give specific 
localities, only 25 to 35 populations may remain (Petition, p. 2). Of 
the States that still contain the species, the two States suffering the 
greatest population losses are Illinois (one remaining population from 
an original 42 records) and Texas (1-3 populations from an original 27 
records) (Petition, p. 2).
Evaluation of Information Provided in the Petition and Available in 
Service Files
    We have no information in our files regarding the effects of 
expanding urbanization, agricultural or forestry land use, fire 
suppression, infrequent burning, intensive trampling, deep local soil 
disturbance, damage from vehicular traffic, intense soil disturbance 
and shading due to conversion to forestry plantations, severe drainage 
of optimal habitat, mowing without thatch removal, excessively frequent 
mowing, and mowing during the growing season before the fruit ripens, 
and whether the effects are destructive to Calopogon oklahomensis 
habitat.
    The below information existed in the files of various Service 
offices throughout the country at the time the petition was received. 
That information was transmitted to the author of this notice, through 
personal communications, in 2009 and 2010. The citations reflect the 
date on which the information was transmitted to the author, and not 
the date the information was received by the Service. Information in 
our files indicates that Oklahoma has 45 records of this species from 
15 counties dating from 1934 through 2004 (Dikeman 2009, pers. comm.). 
Arkansas has 18 herbarium records of this species from 7 counties, and 
Texas has herbarium records from 12 counties. Our files also indicate 
that Kansas (Freeman 2009, pers. comm.) and Tennessee each have a 
single record of this species, with Tennessee's occurrence last 
observed in 1937 (Call 2009, pers. comm.). In Wisconsin, Calopogon 
oklahomensis is identified as a species of ``special concern'' with 
historical occurrence in Wisconsin, perhaps having not been verified in 
the past 20 years, but suspected to still be extant (Carnes 2010, pers. 
comm.). We do not have information in our files regarding distribution 
in other States. Our files also indicate that population numbers at 
particular sites fluctuate from year to year with the greatest numbers 
found in years following prescribed burns; however, the species is 
difficult to find if it is not in bloom and it appears to bloom for 
only a few days (Witsell 2009, pers. comm.). We intend to fully assess 
the historic and current records of Calopogon oklahomensis throughout 
its range during the status review for the species.
    According to information presented in the petition, Calopogon 
oklahomensis has undergone a sharp decline as much of its habitat has 
been converted to other uses. Loss of native prairie, savanna, and open 
woodland habitat throughout the species' range is indicated as one of 
the major causes of decline (Petition, pp. 2, 5). According to 
NatureServe (2009), C. oklahomensis is ``possibly extirpated'' in 
Wisconsin and Tennessee; ``critically imperiled'' in Illinois, Kansas, 
Mississippi, and Louisiana; ``imperiled'' in Arkansas; and not ranked 
in Minnesota, Iowa, Missouri, Oklahoma, or Texas. In Iowa, only 
historical records exist for C. oklahomensis with no extant sites 
existing (Pearson 2009, pers. comm.).
Summary of Factor A
    In summary, we find that the information provided in the petition 
presents substantial information that listing Calopogon oklahomensis as 
endangered or threatened may be warranted due to the present or 
threatened destruction, modification, or curtailment of the species' 
habitat or range. The petition identifies numerous potential factors 
that may be affecting C. oklahomensis, including habitat loss and 
degradation due to expanding urbanization, agricultural or forestry 
land use, fire suppression, infrequent burning, intensive trampling, 
deep local soil disturbance, damage from vehicular traffic, intense 
soil disturbance and shading due to conversion to forestry plantations, 
severe drainage of optimal habitat, mowing without thatch removal, 
excessively frequent mowing, and mowing during the growing season 
before the fruit ripens. We had very little information in our files 
prior to receiving the petition; therefore, we do not have information 
in our files that further supports or refutes the information provided 
in the petition. We, therefore, conclude the petition presents 
substantial information to indicate that the present or threatened 
destruction or modification of habitat may present a threat to C. 
oklahomensis.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes.

    The petitioner provides no information addressing this factor, and 
we have no information in our files indicating that listing of the 
species due to overutilization for commercial, recreational, 
scientific, or educational purposes may be warranted. Based on our 
evaluation, we find that the petition does not present substantial 
information, and we do not have substantial information in our files, 
to indicate that listing Calopogon oklahomensis as endangered or 
threatened may be warranted due to overutilization for commercial, 
recreational, scientific, or educational purposes. However, we will 
evaluate all factors, including threats from overutilization for 
commercial, recreational, scientific, or educational purposes, when we 
conduct our status review.

C. Disease or Predation.

Information Provided in the Petition
    The petitioner asserts that overgrazing, as well as, natural 
biological predation by insects, rodents, deer, or other herbivores, 
may threaten Calopogon oklahomensis (Petition, p. 10).
Evaluation of Information Provided in the Petition and Available in 
Service Files
    We have no information in our files indicating whether overgrazing 
or natural predation by insects, rodents, deer, or other herbivores, 
may threaten Calopogon oklahomensis. The petitioners did not provide 
information or list disease as a threat to C. oklahomensis, and we do 
not have substantial information in our files to indicate that disease 
may be a threat to the species.
    Based on our evaluation, we find that the petition does not present 
substantial information, and we do not have substantial information in 
our files, to

[[Page 51973]]

indicate that listing Calopogon oklahomensis as endangered or 
threatened may be warranted due to disease or predation. However, we 
will evaluate all factors, including threats from disease and predation 
when we conduct our status review.

D. The Inadequacy of Existing Regulatory Mechanisms.

Information Provided in the Petition
    The petitioner asserts that Calopogon oklahomensis is not listed as 
endangered or threatened in the States of Alabama, Arkansas, Florida, 
Georgia, Iowa, Indiana, Kansas, Louisiana, Minnesota, Missouri, 
Oklahoma, South Carolina, Texas, and Wisconsin (Petition, pp. 5-9). The 
petitioner asserts that this species is State listed as endangered in 
Illinois and Tennessee (Petition, pp. 6, 9). The petitioner implies 
that the lack of State listing for C. oklahomensis in 14 of 16 States 
poses a threat to the species. However, there was no specific 
information provided in the petition about existing regulatory 
mechanisms beyond the two State listings that could protect these 
species.
Evaluation of Information Provided in the Petition and Available in 
Service Files
    Calopogon oklahomensis is not listed as endangered or threatened in 
the States of Alabama, Arkansas, Florida, Georgia, Iowa, Indiana, 
Kansas, Louisiana, Minnesota, Missouri, Oklahoma, South Carolina, 
Texas, and Wisconsin (the States of Kansas and Louisiana do not list 
plant species as threatened or endangered (Mizzi 2010, pers. comm.)). 
Additional information in our files indicates that this species is 
State-listed as endangered in Illinois and Tennessee. An important 
provision of the Illinois Endangered Species Protection Act is the 
consultation provision, which requires State and municipal agencies 
taking actions that might affect State or federally listed species 
(including plants), to avoid, minimize, or mitigate impacts to the 
listed species (http://dnr.state.il.us/INPC/VMG/Illinois Plant 
Translocation Policy.pdf accessed on 05/12/2010). In Tennessee, the 
Rare Plant Protection and Conservation Act requires persons to obtain 
written permission from a landowner or manager before knowingly 
removing or destroying State-listed endangered plant species and 
requires nursery farmers to be licensed in order to sell State-listed 
endangered species (http://www.state.tn.us/environment/na/nhp.shtmlaccessed on 05/12/2010). However, as stated above, there was 
no specific information provided in the petitions about existing 
regulatory mechanisms beyond the two State listings that could protect 
these species. We are also not aware of any regulatory mechanisms that 
address C. oklahomensis.
Summary of Factor D
    The petitioner did not provide any additional information about 
existing regulatory mechanisms other than the State listings in 
Illinois and Tennessee that could protect these species, and we have 
nothing in our files that describes any regulatory mechanisms that 
address Calopogon oklahomensis. While information presented by the 
petitioner indicates that threats to the petitioned species may be 
posed by habitat destruction and degradation due to expanding 
urbanization, agricultural or forestry land use, fire suppression, 
infrequent burning, intensive trampling, deep local soil disturbance, 
damage from vehicular traffic, intense soil disturbance and shading due 
to conversion to forestry plantations, severe drainage of optimal 
habitat, mowing without thatch removal, excessively frequent mowing, 
and mowing during the growing season before the fruit ripens, none of 
these threats are posed by an inadequacy of regulatory mechanisms. We, 
therefore, find that the petition does not present substantial 
information indicating that the inadequacy of existing regulatory 
mechanisms may present a threat to C. oklahomensis. However, we will 
further evaluate the adequacy of existing regulatory mechanisms for 
protecting C. oklahomensis and its habitat during our status review.

E. Other Natural or Manmade Factors Affecting the Species' Continued 
Existence.

Information Provided in the Petition
    The petitioner describes Calopogon species as having a unique 
biology that makes small or widely scattered populations more 
vulnerable to extirpation (Petition, pp. 4-5). A Calopogon corm 
contains only two growing points compared to other vascular plants that 
have multiple tiny, dormant buds (Petition, pp. 4-5). Because Calopogon 
does not form new buds if one or both of these growing points are 
damaged or destroyed, this species has only two chances for success at 
perpetuating the plant through the next winter (Petition, pp. 4-5). 
Therefore, the species is particularly vulnerable to stochastic events, 
which, if they occur at a certain time (when the buds have formed or 
are forming), may destroy the chance for the plant to reproduce that 
year.
    Furthermore, according to information in the petition, Calopogon 
oklahomensis is drought tolerant, but may still succumb to drought, 
even as dormant corms (Petition, pp. 4-5). Historically, the species 
relied on a widespread mosaic of large populations and abundant seed 
production (Petition, p. 5), and thus some populations were able to 
escape local or regional droughts, allowing the species to persist and 
recolonize the drought-affected areas. As described by the petitioner, 
however, this species now consists of smaller populations that are 
geographically disconnected from each other (Petition, p. 5). Existence 
in small, isolated populations can render the species highly vulnerable 
to local, regional, or widespread extirpation due to uncontrollable 
natural forces, including local or regional climate perturbation such 
as drought. Such an event could eliminate most or all of a small 
population, and, if the population is isolated from other populations 
of the species, a situation to which the species is not adapted, there 
would be little opportunity for recolonization (Petition, p. 5).
Evaluation of Information Provided in the Petition and Available in 
Service Files
    We have no information in our files regarding the effects of the 
unique biology described by the petitioner for Calopogon oklahomensis 
that may make it more vulnerable to local extirpation. We do have 
information in our files, however, indicating that the effects of small 
population size may impact the viability of species populations. 
Species that are known from few, widely dispersed locations are 
inherently more vulnerable to extinction than widespread species 
because of the higher risks from genetic bottlenecks, random 
demographic fluctuations, and localized catastrophes such as 
hurricanes, landslides, and drought (Lande 1988, p. 1,455; Mangel and 
Tier 1994, p. 607; Pimm et al. 1988, p. 757). These problems are 
further magnified when populations are few and restricted to a limited 
geographic area, and the number of individuals is very small. 
Populations with these characteristics face an increased likelihood of 
stochastic extinction due to changes in demography, the environment, 
genetics, or other factors, in a process described as an ``extinction 
vortex'' by Gilpin and Soule (1986, pp. 24-25). Small, isolated 
populations often exhibit a reduced level of genetic variability or 
genetic depression due to inbreeding, which

[[Page 51974]]

diminishes the species' capacity to adapt and respond to environmental 
changes, thereby lessening the probability of long-term persistence 
(Soule 1987, pp. 4-7). Inbreeding depression as the result of isolated, 
small populations can result in death, decreased fertility, smaller 
body size, loss of vigor, reduced fitness, and various chromosome 
abnormalities (Smith 1974, p. 350).
    Although changes in the environment may cause populations to 
fluctuate naturally, small and low-density populations are more likely 
to fluctuate below a minimum viable population (the minimum or 
threshold number of individuals needed in a population to persist in a 
viable state for a given interval) (Gilpin and Soule 1986, pp. 25-33; 
Shaffer 1981, p. 131; Shaffer and Samson 1985, pp. 148-150). The 
problems associated with small population size and vulnerability to 
random demographic fluctuations or natural catastrophes are further 
magnified by synergistic interactions with other threats, such as those 
discussed above under Factor A. Despite evolutionary adaptations for 
rarity, habitat loss and degradation increase a species' vulnerability 
to extinction (Noss and Cooperrider 1994, pp. 58-62).
    Historically, Calopogon oklahomensis was more widespread. An 
important benefit of this greater historical range resulted in an 
advantage of redundancy: additional populations separated by some 
distance likely allowed some populations to be spared the impacts of 
localized or more discrete catastrophic events, such as drought. 
However, this advantage of redundancy has been lost with the great 
reduction in C. oklahomensis range. Additionally, the unique biological 
features of C. oklahomensis described by the petitioner (Petition, pp. 
4-5), as illustrated above, which limit reproduction and the ability to 
recolonize, may make this species particularly vulnerable to the 
effects of small population sizes and fragmented habitats. We will 
further assess this potential impact during the status review for the 
species.
Summary of Factor E
    Based on our evaluation, we find that the petition presents 
substantial information that listing Calopogon oklahomensis as a 
threatened or endangered species may be warranted due to other natural 
or manmade factors. Unique features of the species' biology increase 
its vulnerability to extirpation because it now exists in small, 
isolated populations. Specifically, because the species has only two 
growing points, which cannot regenerate, and thus only two chances to 
perpetuate the plant through the winter, this reduced reproductive 
capacity further exacerbates the effects and threats posed by the small 
population sizes and fragmented habitats in which the species now 
exists.

Finding

    On the basis of our evaluation of the information presented under 
section 4(b)(3)(A) of the Act, we have determined that the petition 
presents substantial scientific or commercial information indicating 
that listing Calopogon oklahomensis may be warranted. This finding is 
based on information that indicates the continued existence of this 
species may be affected by destruction or modification of habitat from 
expanding urbanization, agricultural or forestry land use, fire 
suppression, infrequent burning, intensive trampling, deep local soil 
disturbance, damage from vehicular traffic, intense soil disturbance 
and shading due to conversion to forestry plantations, severe drainage 
of optimal habitat, mowing without thatch removal, excessively frequent 
mowing, and mowing during the growing season before the fruit ripens 
(Factor A); and other natural or manmade factors such as small 
population size, and the unique features of the species' biology (only 
two opportunities for reproduction each year) that make it particularly 
vulnerable to the effects of small population size (Factor E). The 
petitioner does not present substantial information that C. 
oklahomensis is threatened by overcollection (Factor B), disease or 
predation (Factor C), or the inadequacy of existing regulatory 
mechanisms (Factor D) currently or in the future.
    Because we have found that the petition presents substantial 
information indicating that Calopogon oklahomensis may be at risk of 
extinction now or in the foreseeable future and therefore listing under 
the Act may be warranted, we are initiating a status review to 
determine whether listing C. oklahomensis under the Act is warranted. 
At the conclusion of the status review, we will issue a 12-month 
finding in accordance with section 4(b)(3)(B) of the Act, as to whether 
or not the Service believes a proposal to list C. oklahomensis is 
warranted. To ensure that the status review is comprehensive, we 
request scientific and commercial information regarding C. 
oklahomensis.
    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 
http://www.regulations.gov and upon request from the Chicago, Illinois 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Author

    The primary authors of this notice are the staff members of the 
Chicago, Illinois Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).

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

    Dated: July 22, 2010
Wendi Weber,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2010-20729 Filed 8-23-10; 8:45 am]
BILLING CODE 4310-55-S