[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Proposed Rules]
[Pages 69221-69294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27686]



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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; Review of Native Species 
That Are Candidates for Listing as Endangered or Threatened; Annual 
Notice of Findings on Resubmitted Petitions; Annual Description of 
Progress on Listing Actions; Proposed Rule

Federal Register / Vol. 75 , No. 217 / Wednesday, November 10, 2010 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R9-ES-2010-0065; MO-9221050083-B2]


Endangered and Threatened Wildlife and Plants; Review of Native 
Species That Are Candidates for Listing as Endangered or Threatened; 
Annual Notice of Findings on Resubmitted Petitions; Annual Description 
of Progress on Listing Actions

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of review.

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SUMMARY: In this Candidate Notice of Review (CNOR), we, the U.S. Fish 
and Wildlife Service (Service), present an updated list of plant and 
animal species native to the United States that we regard as candidates 
for or have proposed for addition to the Lists of Endangered and 
Threatened Wildlife and Plants under the Endangered Species Act of 
1973, as amended. Identification of candidate species can assist 
environmental planning efforts by providing advance notice of potential 
listings, allowing landowners and resource managers to alleviate 
threats and thereby possibly remove the need to list species as 
endangered or threatened. Even if we subsequently list a candidate 
species, the early notice provided here could result in more options 
for species management and recovery by prompting candidate conservation 
measures to alleviate threats to the species.
    The CNOR summarizes the status and threats that we evaluated in 
order to determine that species qualify as candidates and to assign a 
listing priority number (LPN) to each species or to determine that 
species should be removed from candidate status. Additional material 
that we relied on is available in the Species Assessment and Listing 
Priority Assignment Forms (species assessment forms, previously called 
candidate forms) for each candidate species.
    Overall, this CNOR recognizes five new candidates, changes the LPN 
for four candidates, and removes one species from candidate status. 
Combined with other decisions for individual species that were 
published separately from this CNOR in the past year, the current 
number of species that are candidates for listing is 251.
    This document also includes our findings on resubmitted petitions 
and describes our progress in revising the Lists of Endangered and 
Threatened Wildlife and Plants during the period October 1, 2009, 
through September 30, 2010.
    We request additional status information that may be available for 
the 251 candidate species identified in this CNOR.

DATES: We will accept information on any of the species in this 
Candidate Notice of Review at any time.

ADDRESSES: This notice is available on the Internet at http://www.regulations.gov and http://www.fws.gov/endangered/what-we-do/cnor.html. Species assessment forms with information and references on 
a particular candidate species' range, status, habitat needs, and 
listing priority assignment are available for review at the appropriate 
Regional Office listed below in SUPPLEMENTARY INFORMATION or at the 
Branch of Candidate Conservation, Arlington, VA (see address below), or 
on our Web site (http://ecos.fws.gov/tess_public/pub/SpeciesReport.do?listingType=C&mapstatus=1). Please submit any new 
information, materials, comments, or questions of a general nature on 
this notice to the Arlington, VA, address listed below. Please submit 
any new information, materials, comments, or questions pertaining to a 
particular species to the address of the Endangered Species Coordinator 
in the appropriate Regional Office listed in SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: The Endangered Species Coordinator(s) 
in the appropriate Regional Office(s), or Chief, Branch of Candidate 
Conservation, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, 
Room 420, Arlington, VA 22203 (telephone 703-358-2171; facsimile 703-
358-1735). Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 800-877-
8339.

SUPPLEMENTARY INFORMATION: We request additional status information 
that may be available for any of the candidate species identified in 
this CNOR. We will consider this information to monitor changes in the 
status or LPN of candidate species and to manage candidates as we 
prepare listing documents and future revisions to the notice of review. 
We also request information on additional species to consider including 
as candidates as we prepare future updates of this notice.
    You may submit your information concerning this notice in general 
or for any of the species included in this notice by one of the methods 
listed in the ADDRESSES section.
    Species-specific information and materials we receive will be 
available for public inspection by appointment, during normal business 
hours, at the appropriate Regional Office listed below under Request 
for Information in SUPPLEMENTARY INFORMATION. General information we 
receive will be available at the Branch of Candidate Conservation, 
Arlington, VA (see address above).

Candidate Notice of Review

Background

    The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
seq.) (Act), requires that we identify species of wildlife and plants 
that are endangered or threatened, based on the best available 
scientific and commercial information. As defined in section 3 of the 
Act, an endangered species is any species which is in danger of 
extinction throughout all or a significant portion of its range, and a 
threatened species is any species which is likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range. Through the Federal rulemaking 
process, we add species that meet these definitions to the List of 
Endangered and Threatened Wildlife at 50 CFR 17.11 or the List of 
Endangered and Threatened Plants at 50 CFR 17.12. As part of this 
program, we maintain a list of species that we regard as candidates for 
listing. A candidate species is one for which we have on file 
sufficient information on biological vulnerability and threats to 
support a proposal to list as endangered or threatened, but for which 
preparation and publication of a proposal is precluded by higher 
priority listing actions. We may identify a species as a candidate for 
listing after we have conducted an evaluation of its status on our own 
initiative, or after we have made a positive finding on a petition to 
list a species, in particular we have found that listing is warranted 
but precluded by other higher priority listing action (see the Petition 
Findings section, below).
    We maintain this list of candidates for a variety of reasons: To 
notify the public that these species are facing threats to their 
survival; to provide advance knowledge of potential listings that could 
affect decisions of environmental planners and developers; to provide 
information that may stimulate and guide conservation efforts that will 
remove or reduce threats to these species and possibly make listing 
unnecessary; to request input from interested parties to help us 
identify those candidate species that may not

[[Page 69223]]

require protection under the Act or additional species that may require 
the Act's protections; and to request necessary information for setting 
priorities for preparing listing proposals. We strongly encourage 
collaborative conservation efforts for candidate species, and offer 
technical and financial assistance to facilitate such efforts. For 
additional information regarding such assistance, please contact the 
appropriate Regional Office listed under Request for Information or 
visit our Web site, http://www.fws.gov/endangered/what-we-do/cca.html.

Previous Notices of Review

    We have been publishing candidate notices of review (CNOR) since 
1975. The most recent CNOR (prior to this CNOR) was published on 
November 9, 2009 (74 FR 57804). CNORs published since 1994 are 
available on our Web site, http://www.fws.gov/endangered/what-we-do/cnor.html. For copies of CNORs published prior to 1994, please contact 
the Branch of Candidate Conservation (see ADDRESSES section above).
    On September 21, 1983, we published guidance for assigning an LPN 
for each candidate species (48 FR 43098). Using this guidance, we 
assign each candidate an LPN of 1 to 12, depending on the magnitude of 
threats, immediacy of threats, and taxonomic status; the lower the LPN, 
the higher the listing priority (that is, a species with an LPN of 1 
would have the highest listing priority). Section 4(h)(3) of the Act 
(15 U.S.C. 1533(h)(3)) requires the Secretary to establish guidelines 
for such a priority-ranking guidance system. As explained below, in 
using this system we first categorize based on the magnitude of the 
threat(s), then by the immediacy of the threat(s), and finally by 
taxonomic status.
    Under this priority-ranking system, magnitude of threat can be 
either ``high'' or ``moderate to low.'' This criterion helps ensure 
that the species facing the greatest threats to their continued 
existence receive the highest listing priority. It is important to 
recognize that all candidate species face threats to their continued 
existence, so the magnitude of threats is in relative terms. For all 
candidate species, the threats are of sufficiently high magnitude to 
put them in danger of extinction, or make them likely to become in 
danger of extinction in the foreseeable future. But for species with 
higher magnitude threats, the threats have a greater likelihood of 
bringing about extinction or are expected to bring about extinction on 
a shorter time scale (once the threats are imminent) than for species 
with lower magnitude threats. Since we do not routinely quantify how 
likely or how soon extinction would be expected to occur absent 
listing, we must evaluate factors that contribute to the likelihood and 
time scale for extinction. We therefore consider information such as: 
The number of populations and/or extent of range of the species 
affected by the threat(s); the biological significance of the affected 
population(s), taking into consideration the life-history 
characteristics of the species and its current abundance and 
distribution; whether the threats affect the species in only a portion 
of its range, and if so the likelihood of persistence of the species in 
the unaffected portions; the severity of the effects and the rapidity 
with which they have caused or are likely to cause mortality to 
individuals and accompanying declines in population levels; whether the 
effects are likely to be permanent; and the extent to which any ongoing 
conservation efforts reduce the severity of the threat.
    As used in our priority-ranking system, immediacy of threat is 
categorized as either ``imminent'' or ``nonimminent'' and is not a 
measure of how quickly the species is likely to become extinct if the 
threats are not addressed; rather, immediacy is based on when the 
threats will begin. If a threat is currently occurring or likely to 
occur in the very near future, we classify the threat as imminent. 
Determining the immediacy of threats helps ensure that species facing 
actual, identifiable threats are given priority for listing proposals 
over those for which threats are only potential or species that are 
intrinsically vulnerable to certain types of threats but are not known 
to be presently facing such threats.
    Our priority ranking system has three categories for taxonomic 
status: Species that are the sole members of a genus; full species (in 
genera that have more than one species); and subspecies and distinct 
population segments of vertebrate species (DPS). We also apply this 
last category to species that are threatened or endangered in only 
significant portions of their ranges rather than their entire ranges.
    The result of the ranking system is that we assign each candidate a 
listing priority number of 1 to 12. For example, if the threat(s) is of 
high magnitude, with immediacy classified as imminent, the listable 
entity is assigned an LPN of 1, 2, or 3 based on its taxonomic status 
(i.e., a species that is the only member of its genus would be assigned 
to the LPN 1 category, a full species to LPN 2, and a subspecies, DPS, 
or a species that is threatened or endangered in only a significant 
portion of its range would be assigned to LPN 3). In summary, the LPN 
ranking system provides a basis for making decisions about the relative 
priority for preparing a proposed rule to list a given species. No 
matter which LPN we assign to a species, each species included in this 
notice as a candidate is one for which we have sufficient information 
to prepare a proposed rule to list it because it is in danger of 
extinction or likely to become endangered within the foreseeable future 
throughout all or a significant portion of its range.
    For more information on the process and standards used in assigning 
LPNs, a copy of the 1983 guidance is available on our Web site at: 
http://www.fws.gov/endangered/esa-library/pdf/48fr43098-43105.pdf. For 
more information on the LPN assigned to a particular species, the 
species assessment for each candidate contains the LPN chart and a 
rationale for the determination of the magnitude and immediacy of 
threat(s) and assignment of the LPN; that information is summarized in 
this CNOR.
    This revised notice supersedes all previous animal, plant, and 
combined candidate notices of review.

Summary of This CNOR

    Since publication of the previous CNOR on November 9, 2009 (74 FR 
57804), we reviewed the available information on candidate species to 
ensure that a proposed listing is justified for each species, and 
reevaluated the relative LPN assigned to each species. We also 
evaluated the need to emergency-list any of these species, particularly 
species with high priorities (i.e., species with LPNs of 1, 2, or 3). 
This review and reevaluation ensures that we focus conservation efforts 
on those species at greatest risk first.
    In addition to reviewing candidate species since publication of the 
last CNOR, we have worked on numerous findings in response to petitions 
to list species, and on proposed and final determinations for rules to 
list species under the Act. Some of these findings and determinations 
have been completed and published in the Federal Register, while work 
on others is still under way (see Preclusion and Expeditious Progress, 
below, for details).
    Based on our review of the best available scientific and commercial 
information, with this CNOR we identify five new candidate species (see 
New Candidates, below), change the LPN for four candidates (see Listing 
Priority Changes in Candidates, below) and determine that a listing 
proposal is not warranted for one species and thus remove it from 
candidate status (see

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Candidate Removals, below). Combined with the other decisions published 
separately from this CNOR for individual species that previously were 
candidates, a total of 251 species (including 110 plant and 141 animal 
species) are now candidates awaiting preparation of rules proposing 
their listing. These 251 species, along with the 18 species currently 
proposed for listing (includes 1 species proposed for listing due to 
similarity in appearance), are included in Table 1.
    Table 2 lists the changes from the previous CNOR, and includes 55 
species identified in the previous CNOR as either proposed for listing 
or classified as candidates that are no longer in those categories. 
This includes 54 species for which we published a final rule to list, 
plus the 1 species that we have determined does not meet the definition 
of endangered or threatened and therefore does not warrant listing. We 
have removed this species from candidate status in this CNOR.

New Candidates

    Below we present a brief summary of one new fish, one new snail, 
one new crustacean, and two new plant candidates, which we are 
recognizing in this CNOR. Complete information, including references, 
can be found in the species assessment forms. You may obtain a copy of 
these forms from the Regional Office having the lead for the species, 
or from our Web site (http://ecos.fws.gov/tess_public/pub/SpeciesReport.do?listingType=C&mapstatus=1). For these species, we find 
that we have on file sufficient information on biological vulnerability 
and threats to support a proposal to list as endangered or threatened, 
but that preparation and publication of a proposal is precluded by 
higher priority listing actions (i.e., it met our definition of a 
candidate species). We also note below that nine other species--
Sprague's pipit, greater sage-grouse, Bi-State DPS of greater sage-
grouse, Gunnison sage-grouse, least chub, upper Missouri River DPS of 
Arctic grayling, Tucson shovel-nosed snake, Jemez Mountains salamander, 
and Agave eggersiana--were identified as candidates earlier this year 
as a result of separate petition findings published in the Federal 
Register.

Birds

    Sprague's pipit (Anthus spragueii)--We previously announced 
candidate status for this species, and described the reasons and data 
on which the finding was based, in a separate warranted-but-precluded 
12-month petition finding published on September 14, 2010 (75 FR 
56028).
    Greater sage-grouse (Centrocercus urophasianus)--We previously 
announced candidate status for this species, and described the reasons 
and data on which the finding was based, in a separate warranted-but-
precluded 12-month petition finding published on March 23, 2010 (75 FR 
13910).
    Greater sage-grouse, Bi-State DPS (Centrocercus urophasianus)--We 
previously announced candidate status for this species, and described 
the reasons and data on which the finding was based, in a separate 
warranted-but-precluded 12-month petition finding published on March 
23, 2010 (75 FR 13910).
    Gunnison sage-grouse (Centrocercus minimus)--We previously 
announced candidate status for this species, and described the reasons 
and data on which the finding was based, in a separate warranted-but-
precluded 12-month petition finding published on September 28, 2010 (75 
FR 59803).

Reptiles

    Tucson Shovel-Nosed Snake (Chionactis occipitalis klauberi)--We 
previously announced candidate status for this species, and described 
the reasons and data on which the finding was based, in a separate 
warranted-but-precluded 12-month petition finding published on March 
31, 2010 (75 FR 16050).

Amphibians

    Jemez Mountains salamander (Plethodon neomexicanus)--We previously 
announced candidate status for this species, and described the reasons 
and data on which the finding was based, in a separate warranted-but-
precluded 12-month petition finding published on September 9, 2010 (75 
FR 54822).

Fish

    Least chub (Iotichthys phlegethontis)--We previously announced 
candidate status for this species, and described the reasons and data 
on which the finding was based, in a separate warranted-but-precluded 
12-month petition finding published on June 22, 2010 (75 FR 35398).
    Kentucky arrow darter (Etheostoma sagitta spilotum)--The following 
summary is based on information in our files. The Kentucky arrow darter 
is a rather large (total length of 4.6 inches (116 millimeters)), 
brightly colored darter that is restricted to the upper Kentucky River 
basin in eastern Kentucky. The species' preferred habitat consists of 
pools or transitional areas between riffles and pools (runs and glides) 
in moderate to high gradient streams with bedrock, boulder, and cobble 
substrates. In most recent surveys, the Kentucky arrow darter has been 
observed in streams ranging in size from first to third order, with 
most individuals occurring in second order streams in watersheds 
encompassing 7.7 square miles (20 square kilometers) or less. Kentucky 
arrow darters feed on a variety of aquatic invertebrates, but adults 
feed predominantly on larval mayflies (order Ephemeroptera), 
specifically the families Heptageniidae and Baetidae. Rangewide surveys 
from 2007 to 2009 revealed that the Kentucky arrow darter has 
disappeared from portions of its range. During these surveys, the 
species was observed at only 33 of 68 historical streams and 45 of 100 
historical sites.
    The subspecies' habitat and range have been severely degraded and 
limited by water pollution from surface coal mining and gas-exploration 
activities; removal of riparian vegetation; stream channelization; 
increased siltation associated with poor mining, logging, and 
agricultural practices; and deforestation of watersheds. The threats 
are high in magnitude because they are widespread across the 
subspecies' range. In addition, the magnitude (severity or intensity) 
of these threats, especially impacts from mining and gas-exploration 
activities, is high because these activities have the potential to 
alter stream water quality permanently throughout the range by 
contributing sediment, dissolved metals, and other solids to streams 
supporting Kentucky arrow darters, resulting in direct mortality or 
reduced reproductive capacity. The threats are imminent because the 
effects are manifested immediately and will continue for the 
foreseeable future. Consequently, we assigned an LPN of 3 to this 
subspecies.
    Arctic grayling, Missouri River DPS (Thymallus arcticus)--We 
previously announced candidate status for this species, and described 
the reasons and data on which the finding was based, in a separate 
warranted-but-precluded 12-month petition finding published on 
September 8, 2010 (75 FR 54707).

Snails

    Rosemont talussnail (Sonorella rosemontensis)--the following 
summary is based on information in our files. The petition we received 
on June 24, 2010, provided no new information beyond what we had 
already included in our assessment of this species. The Rosemont 
talussnail, a land snail in the family Helminthoglyptidae, is known

[[Page 69225]]

from three talus slopes in the Santa Rita Mountains, Pima County, 
Arizona. The primary threat to Rosemont talussnail is hard rock mining. 
The entire range of the species is located on patented mining claims 
and can reasonably be expected to be subjected to mining activities in 
the foreseeable future. Hard rock mining typically involves the 
blasting of hillsides and the crushing of ore-laden rock. Such 
activities would kill talussnails and render their habitats unsuitable 
for occupation. Since mining may occur across the entire range of the 
species within the foreseeable future, potentially resulting in 
rangewide habitat destruction and population losses, the threats are of 
a high magnitude. However, mining on patented mining claims, although a 
reasonably anticipated action, is neither currently ongoing nor 
imminent. Although the Rosemont Copper Mine is scheduled to commence as 
soon as 2011, there exists uncertainty regarding its scope, and 
therefore its potential effect on habitat of the Rosemont talussnail. 
Accordingly, we find that overall threats to the Rosemont talussnail 
are nonimminent and we assign an LPN of 5 to this species.

Crustaceans

    Kenk's amphipod (Stygobromus kenki)--Amphipods of the genus 
Stygobromus, occur in groundwater and groundwater-related habitats. In 
the case of Kenk's amphipod, these include seeps, small springs, and 
possibly wells. Kenk's amphipod is a small, eyeless, unpigmented 
crustacean adapted for survival in subterranean habitats. It can be 
found in dead leaves or fine sediment submerged in the waters of its 
spring/seep outflows. The species is currently known only from five 
spring or seep sites in Washington, DC, and Montgomery County, 
Maryland. Four of these sites are within the Rock Creek drainage, and 
the fifth is within the Northwest Branch drainage.
    Within the limited area encompassing the current range of this 
species, the vast majority of potential expanses of habitat large 
enough to support this species have been significantly impacted or 
completely destroyed by urban and suburban development. Kenk's amphipod 
is now vulnerable because of its limited geographic distribution and 
infringement of urban development on its habitat. Degradation of water 
quality and modifications of hydrology are among the principal threats 
to this species' spring or seep habitats. Specific threats include 
toxic spills, non-point source pollution, sanitary sewer leaks, 
excessive stormwater flows, and additional land disturbance. In 
addition, climate change has the potential to adversely affect the 
species, particularly if it results in a significant change in the 
amount of precipitation in the Washington, DC, area.
    Although all five known sites of occurrence face threats to the 
hydrology and water quality of their springs, these threats are chronic 
in nature and appear to be increasing only gradually and are not 
currently resulting in major mortality events or impairment of 
reproduction. Thus, the threats are moderate in magnitude. Several 
threats are imminent because they are ongoing and expected to continue. 
Therefore, we assigned this species LPN of 8.

Flowering Plants

    Agave eggersiana (no common name)--We previously announced 
candidate status for this species, and described the reasons and data 
on which the finding was based, in a separate warranted-but-precluded 
12-month petition finding published on September 22, 2010 (75 FR 
57720).
    Astragalus cusickii var. packardiae (Packard's milkvetch)--The 
following summary is based on information contained in our files. This 
plant is a narrow endemic located in northeastern Payette County, 
Idaho. Its entire known range is only approximately 10 square miles (26 
square kilometers). The light-colored, sparsely vegetated sedimentary 
outcrops to which this species is restricted are found scattered 
throughout the landscape, but are limited in extent. The size of 
occupied outcrops ranges from less than 0.04 hectares (0.1 acre) to 
approximately 1.2 hectares (3 acres). The entire population of A. 
cusickii var. packardiae is currently estimated at 5,000 plants located 
within 26 occurrences (17 on Bureau of Land Management, 4 on State, and 
5 on private land).
    The primary threats to Astragalus cusickii var. packardiae include 
wildfire, nonnative invasive plant species, and more recently, off-road 
vehicle (ORV) use. Vegetation within the range of A. cusickii var. 
packardiae was originally sagebrush-steppe habitat; however, due to 
habitat impacts from a century of wildfires, livestock use, and 
invasive nonnative plant species, much of the area has been converted 
to annual grassland dominated by two nonnative grass species, Bromus 
tectorum (cheatgrass) and Taeniatherum caput-medusae (medusahead). 
Invasive nonnative plants affect A. cusickii var. packardiae directly 
through competition and indirectly by providing continuous fine fuels 
that contribute to the increased frequency and extent of wildfires.
    ORV use, which is currently considered the most immediate threat to 
Astragalus cusickii var. packardiae and its habitat, was not identified 
as a threat during the original 1999 surveys for this species, but 
monitoring conducted in 2008 and 2009 indicate it has since become a 
widespread activity, occurring throughout the limited range of A. 
cusickii var. packardiae. ORVs are traveling directly through outcrops 
occupied by A. cusickii var. packardiae, as well as along the rims, 
spur ridges, and slope bases that form the margins of the occupied 
outcrops, with tracks ranging from single passage treads to major hill 
climbing runways. Based on monitoring data, this use appears to be 
increasing in scope and has resulted in the crushing of A. cusickii 
var. packardiae plants, as well as accelerated erosion of the fine, 
loose substrate occupied by this species.
    Based on this information, the magnitude of the primary threats to 
Astragalus cusickii var. packardiae and its habitat is high because ORV 
use, wildfires, and nonnative invasive species affect the species 
throughout its range, appear to be increasing in extent, and result in 
severe and direct impacts to individuals and population levels., 
Because these threats are ongoing throughout A. cusickii var. 
packardiae's limited range, these threats are imminent. Thus, we assign 
an LPN of 3 to this plant variety.
    Mimulus fremontii var. vandenbergensis (Vandenberg monkeyflower)--
Mimulus fremontii var. vandenbergensis is a small, short-lived annual 
herb in the Phrymaceae family (no common family name). It ranges from 
0.5 to 10 inches (1 to 20 centimeters) tall and produces flowers that 
are bright yellow with reddish brown markings near the mouth. The seeds 
are small and numerous, and seed is likely dispersed by the wind as the 
seed pods open. As with other annual species that are sensitive to 
annual levels of rainfall, germination of resident seed banks may be 
low or nonexistent in unfavorable years, with little or no aboveground 
expression of the species visible.
    Mimulus fremontii var. vandenbergensis occurs only in western Santa 
Barbara County, California, at lower elevations and closer to the 
coast, in sandy openings of coastal scrub, chaparral, and woodlands on 
an old dune sheet known as Burton Mesa. Seven populations occur across 
the mesa over a distance of approximately 6 miles, generally in 
alignment with the prevailing winds. Two populations

[[Page 69226]]

occur on Vandenberg Air Force Base, two occur on State Park lands at La 
Purisima State Historic Park, two occur primarily on Department of Fish 
and Game lands on Burton Mesa Ecological Reserve, and one occurs 
primarily on private lands.
    The threats currently facing Mimulus fremontii var. vandenbergensis 
include alteration and destruction of habitat from development and 
associated secondary impacts, including increased fragmentation, 
alteration of hydrology, competition with nonnative species, and 
alteration of fire regimes. The taxon is also threatened with 
stochastic extinction due to small population size: Of the 7 
populations, 3 have supported fewer than 100 individuals based on at 
least 2 years of observations. We consider competition with nonnative 
plant species to be the largest and most immediate threat: Veldt grass, 
pampas grass, bromes, Sahara mustard, star thistle, Italian thistle, 
and bull thistle are present at various sites where Mimulus fremontii 
var. vandenbergensis occurs. Habitat for one population on private land 
was graded in 2007 in preparation for construction of a housing 
development. Construction has been stalled, and in the meantime, veldt 
grass has become established in the graded lot and has increased the 
rate at which this species is spreading in adjacent habitat for Mimulus 
fremontii var. vandenbergensis, including the Burton Mesa Ecological 
Reserve. Veldt grass is also present and rapidly spreading at 
population sites on Vandenberg Air Force Base and La Purisima State 
Historic Park.
    The threats are of a high magnitude because all three of the 
largest populations are at risk of being lost from the invasion of 
nonnative species. The third largest population is also threatened by 
secondary impacts from a planned development and firefighting 
activities. Losses of some or all of the three largest populations will 
increase the risk of extinction of the taxon as a whole because the 
remaining populations are smaller and more vulnerable to stochastic 
extirpation, which compounds the other threats these small populations 
face. The threats are ongoing and, therefore, imminent. Consequently, 
we have assigned a LPN of 3 to this plant variety.

Listing Priority Changes in Candidates

    We reviewed the LPN for all candidate species and are changing the 
numbers for the following species discussed below. Some of the changes 
reflect actual changes in either the magnitude or immediacy of the 
threats. For some species, the LPN change reflects efforts to ensure 
national consistency as well as closer adherence to the 1983 guidelines 
in assigning these numbers, rather than an actual change in the nature 
of the threats.

Snails

    Page springsnail (Pyrgulopsis morrisoni)--The following summary is 
based on information contained in our files. The Page springsnail is 
known to exist only within a complex of springs located within an 
approximately 0.93-mi (1.5-km) stretch along the west side of Oak Creek 
around the community of Page Springs, and within springs located along 
Spring Creek, tributary to Oak Creek, Yavapai County, Arizona.
    The primary threat to the Page springsnail is modification of 
habitat by domestic, agricultural, ranching, fish hatchery, and 
recreational activities. Many of the springs where the species occurs 
have been subjected to some level of such modification. Based on recent 
survey data, it appears that the Page springsnail is abundant within 
natural habitats and persists in modified habitats, albeit at reduced 
densities. Arizona Game and Fish Department (AGFD) management plans for 
the Bubbling Ponds and Page Springs fish hatcheries include commitments 
to replace lost habitat and to monitor remaining populations of 
invertebrates such as the Page springsnail. The AGFD and the Service 
recently entered into a Candidate Conservation Agreement with 
Assurances that calls for evaluating the restoration and creation of 
natural springhead integrity, including springs on AGFD properties. In 
fact, several conservation measures have already been implemented. 
Also, the National Park Service recently acquired Shea Springs, a site 
that the Page springsnail occupied historically, and has expressed an 
interest in restoring natural springhead integrity to that site. 
Accordingly, implementation of the CCAA reduces the magnitude of 
threats to a moderate level and greatly reduces the chances of 
extirpation or extinction. The immediacy of the threat of groundwater 
withdrawal is uncertain, due to conflicting information regarding 
imminence. However, overall, the threats are imminent, because 
modification of the species' habitat by threats other than groundwater 
withdrawal is currently occurring. Therefore, we are changing the LPN 
for the Page springsnail from a 2 to an 8.

Flowering Plants

    Hibiscus dasycalyx (Neches River rose-mallow)--The following 
summary is based on information contained in our files. This species, 
found in eastern Texas, appears to be restricted to those portions of 
wetlands that are exposed to open sun and normally hold standing water 
early in the growing season, with water levels dropping during late 
summer and fall. This habitat has been affected by drainage or filling 
of floodplain depressions and oxbows, stream channelization, road 
construction, timber harvesting, agricultural activities (primarily 
mowing and grazing), and herbicide use. Threats that continue to affect 
the species include wetland alteration, herbicide use, grazing, mowing 
during the species' growing and flowering period, and genetic swamping 
by other Hibiscus species.
    A 1995 status survey of 10 counties resulted in confirmation of the 
species at only three sites, but in three separate counties and three 
different watersheds, suggesting a relatively wide historical range. 
These three populations were all within highway rights-of-way and 
vulnerable to herbicides and adjacent agricultural activities. As of 
2005, only 20 plants remained at one of these sites. Additional surveys 
for Hibiscus dasycalyx discovered new populations. About 300 plants 
were found on land owned by Temple-Inland Corporation in east Trinity 
County. Smaller plant numbers have been seen at this site and in 2005 
no plants were observed. This site may be too dry to support this 
species, possibly due to changes in the wetland's hydrology. Another 
site discovered on land previously owned by Champion International 
Corporation (near White Rock Creek in west Trinity County) once 
supported 300-400 plants. This site was modified in 2007. In west 
Houston County, a population of 300 to 400 plants discovered on private 
land has been purchased by the Natural Area Preservation Association in 
order to protect this land in perpetuity. In east Houston County, a 
population discovered in Compartment 55 in Davy Crockett National 
Forest numbered over 1,000 in 2006. In 2000, nearly 800 plants were 
introduced into Compartments 16 and 20 of Davy Crockett National Forest 
as part of a reintroduction effort. One population retained high 
numbers (350 in 2006), but was subjected to high water conditions in 
2007 and may have been adversely affected. The second site was affected 
by a change in hydrology and had declined to 50 plants in 2006. In 
2004, 200 plants were placed in a wetland in Compartment 11 of Davy 
Crockett National Forest, but only 10 plants were seen in 2006. High 
water from heavy spring and summer rains

[[Page 69227]]

prevented further assessment of these rose-mallow sites.
    The threats to the species continue to be of a high magnitude 
because all of the populations are severely affected by some 
combination of the threats, and the effectiveness of the re-
introduction and preservation efforts has not been established. After 
evaluating the current conditions of the species' habitat, we now find 
that threats are imminent overall. Threats are currently occurring and 
ongoing for nearly all of the populations (herbicides and adjacent 
agricultural activities for the 3 populations identified in 1995, and 
hydrology alteration and other modifications for the 2 populations in 
east Trinity County and the 3 populations reintroduced in Davy Crockett 
National Forest). Thus, in light of this information and to ensure 
consistency in the application of our listing priority process we have 
changed the LPN from a 5 to a 2 for the Neches River rose-mallow to 
reflect imminent threats of high magnitude.
    Linum arenicola (Sand flax)--The following summary is based on 
information contained in our files. Sand flax is found in pine rockland 
and marl prairie habitats, which require periodic wildfires in order to 
maintain an open, shrub-free subcanopy and reduce leaf-litter levels. 
Based upon available data, there are 11 extant occurrences of sand 
flax; 11 others have been extirpated or destroyed. For the most part, 
only small and isolated occurrences remain in low lying areas in a 
restricted range of southern Florida and the Florida Keys. In general, 
viability is uncertain for 9 of 11 occurrences.
    Sand flax is threatened by habitat loss and degradation due to 
development; climatic changes and sea-level rise, which ultimately are 
likely to substantially reduce the extent of available habitat; fire 
suppression and difficulty in applying prescribed fire; road 
maintenance activities; exotic species; illegal dumping; natural 
disturbances, such as hurricanes, tropical storms, and storm surges; 
and the small and fragmented nature of the current population. Reduced 
pollinator activity and suppression of pollinator populations from 
pesticides used in mosquito control and decreased seed production due 
to increased seed predation in a fragmented wildland urban interface 
may also affect sand flax; however, not enough information is known on 
this species' reproductive biology or life history to assess these 
potential threats. Some of the threats to the species--including fire 
suppression, difficulty in applying prescribed fire, road maintenance 
activities, exotic species, and illegal dumping--threaten nearly all 
remaining populations. However, some efforts are under way to use 
prescribed fire to control exotics on conservation lands where this 
species occurs.
    There are some circumstances that may mitigate the impacts of the 
threats upon the species. For example, a survey conducted in 2009 
showed approximately 74,000 plants on a non-conservation, public site 
in Miami-Dade County; this is far more plants than was previously 
known. Although a portion of the plants will be affected by 
development, approximately 60,000 are anticipated to be protected and 
managed through a Conservation Easement. Consequently, the majority of 
the largest occurrence in Miami-Dade County is expected to be conserved 
and managed. In addition, much of the pine rockland on Big Pine Key, 
the location of the largest occurrence in the Keys, is protected from 
development.
    Nevertheless, due to the small and fragmented nature of the current 
population, stochastic events, disease, or genetic bottlenecks may 
strongly affect this species in the Keys. One example is Hurricane 
Wilma, which inundated most of the species' habitat on Big Pine Key in 
2005, and plants were not found 8-9 weeks post-storm; the density of 
sand flax declined to zero in all management units at The Nature 
Conservancy's preserve in 2006. In a 2007 post-hurricane assessment, 
sand flax was found in northern plots, but not in any of the southern 
plots on Big Pine Key. More current data are not available.
    Overall, the magnitude of threats is high, because the threats 
affect all 11 known occurrences of the species, and can result in a 
precipitous decline to the population levels, particularly when 
combined with the potential impacts from hurricanes or other natural 
disasters. Because development is not immediate for the majority of the 
largest population in Miami-Dade County and another population in the 
Keys is also largely protected from development since much of it is 
within public and private conservation lands, the threat of habitat 
loss is now nonimminent. In addition, sea level rise is a long-term 
threat since we do not have evidence that it is currently affecting any 
population of sand flax. Therefore, based upon new information (new 
survey date showing a much larger population of plants), and reduced 
immediacy of threats, we changed the LPN of this species from a 2 to a 
5.
    Penstemon scariosus var. albifluvis (White River beardtongue)--The 
following summary is based on information contained in our files and 
the petition we received on October 27, 1983. This species is 
restricted to calcareous soils derived from oil shale barrens of the 
Green River Formation in the Uinta Basin of northeastern Utah and 
adjacent Colorado. There are 14 occurrences known in Utah and 1 in 
Colorado. Most of the occupied habitat of the White River beardtongue 
is within developed and expanding oil and gas fields. The location of 
the species' habitat exposes it to destruction from road, pipeline, and 
well site construction in connection with oil and gas development. 
Recreational off-road vehicle use, heavy grazing by livestock, and 
wildlife and livestock trampling are additional threats. A future 
threat (and potentially the greatest threat) to the species is oil 
shale development.
    In the 2009 CNOR, we found the threats were nonimminent and high 
magnitude. However, traditional oil and gas energy development in the 
area has expanded into habitat for this species, and therefore the 
threat is now imminent. In addition, BLM has adopted a Special Status 
Species policy and has included in its current Resource Management Plan 
commitments to protect this species. These protections lessen the 
extent of traditional oil and gas development impacts to this species, 
so that the threat is now of moderate magnitude. The threat from off-
road vehicles is also moderate because BLM limited all vehicles to 
designated routes, thus avoiding beardtongue habitat. Based on current 
information, we are changing the LPN from a 6 to a 9 for this plant 
variety.

Candidate Removals

    As summarized below, we have evaluated the threats to the following 
species and considered factors that, individually and in combination, 
currently or potentially could pose a risk to this species and its 
habitat. After a review of the best available scientific and commercial 
data, we conclude that listing this species under the Endangered 
Species Act is not warranted because the species is not likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its' range. Therefore, we find that 
proposing a rule to list it is not warranted, and we no longer consider 
it to be a candidate species for listing. We will continue to monitor 
the status of this species and to accept additional information and 
comments concerning this finding. We will reconsider our determination 
in the event that new information indicates that the threats to the 
species is of a considerably greater magnitude or imminence than 
identified through

[[Page 69228]]

assessments of information contained in our files, as summarized here.

Mammals

    Palm Springs round-tailed ground squirrel (Xerospermophilus 
tereticaudus chlorus)--The following summary is based on information 
contained in our files. No new information was provided in the petition 
we received on May 11, 2004. The Palm Springs round-tailed ground 
squirrel was believed to be limited in range to the Coachella Valley 
region of Riverside County, California. The primary habitat in the 
Coachella Valley for round-tailed ground squirrel is the dunes and 
mesquite hummocks associated with Prosopis glandulosa var. torreyana 
(honey mesquite) and to a lesser extent those dunes and hummocks 
associated with Larrea tridentata (creosote), or other vegetation. The 
primary threat to X. t. chlorus in the Coachella Valley was from 
habitat loss due to urban development and drops in the groundwater 
table, which eliminated much of the honey mesquite in the Coachella 
Valley and fragmented habitat occupied by this subspecies. The 
Coachella Valley Association of Governments (CVAG) developed a Multiple 
Species Habitat Conservation Plan (MSHCP) that was reviewed and 
approved by the Service in 2008. Habitat conservation and monitoring 
actions that have been implemented since 2008 specifically for X. t. 
chlorus have significantly eliminated the threat of urban development 
to the taxon. To date, conservation for X. t. chlorus includes 
protection of 244 acres of mesquite hummocks as a result of the MSHCP, 
in addition to 104 acres of mesquite hummocks on conservation lands in 
existence prior to permitting the MSHCP. Protection of additional 
habitat (desert shrub communities and other sandy areas with 
appropriate vegetation known to harbor the subspecies at lower 
densities) is also anticipated in other portions of the plan area. 
Although we do not rely upon future implementation of the additional 
habitat protections anticipated in the MSHCP, we do expect conservation 
actions specific to X. t. chlorus to continue as a result of the 
commitment by CVAG and the MSHCP.
    More significant than the ongoing conservation measures is the fact 
that recent results of both morphological and genetic studies indicate 
its range is substantially larger than previously believed. Analysis of 
experimental samples show X. t. chlorus is found in Hinkley Valley and 
Death Valley, expanding the range at minimum 150 miles northward. 
Because X. t. chlorus is more widespread in its range than was 
previously understood, and based on our review of the best available 
information, we no longer conclude that threats across this newly 
expanded range put the taxon in danger of extinction. Moreover, this 
subspecies is not endangered or threatened in a significant portion of 
the range because the conservation actions and current protections 
provided in Death Valley make it so it is not endangered or threatened 
in any portion of the range. In summary, the existing conservation 
provided by MSHCP in the Coachella Valley, along with the data showing 
the subspecies has an expanded range over which the threats are 
nonsignificant to the taxon as a whole, we find listing of the Palm 
Springs round-tailed ground squirrel (X. t. chlorus) throughout all or 
a significant portion of its range is no longer warranted. The 
subspecies no longer meets our definition of a candidate, and we have 
removed it from candidate status.

Petition Findings

    The Act provides two mechanisms for considering species for 
listing. One method allows the Secretary, on his own initiative, to 
identify species for listing under the standards of section 4(a)(1). We 
implement this through the candidate program, discussed above. The 
second method for listing a species provides a mechanism for the public 
to petition us to add a species to the Lists. The CNOR serves several 
purposes as part of the petition process: (1) In some instances (in 
particular, for petitions to list species that the Service has already 
identified as candidates on its own initiative), it serves as the 
petition finding; (2) it serves as a ``resubmitted'' petition finding 
that the Act requires the Service to make each year; and (3) it 
documents the Service's compliance with the statutory requirement to 
monitor the status of species for which listing is warranted-but-
precluded to ascertain if they need emergency listing.
    First, the CNOR serves as a petition finding in some instances. 
Under section 4(b)(3)(A), when we receive a listing petition, we must 
determine within 90 days, to the maximum extent practicable, whether 
the petition presents substantial information indicating that listing 
may be warranted (a ``90-day finding''). If we make a positive 90-day 
finding, we must promptly commence a status review of the species under 
section 4(b)(3)(A); we must then make and publish one of three possible 
findings within 12 months of the receipt of the petition (a ``12-month 
finding''):
    1. The petitioned action is not warranted;
    2. The petitioned action is warranted (in which case we are 
required to promptly publish a proposed regulation to implement the 
petitioned action; once we publish a proposed rule for a species, 
section 4(b)(5) and 4(b)(6) govern further procedures regardless of 
whether we issued the proposal in response to a petition); or
    3. The petitioned action is warranted but (a) the immediate 
proposal of a regulation and final promulgation of a regulation 
implementing the petitioned action is precluded by pending proposals to 
determine whether any species is endangered or threatened, and (b) 
expeditious progress is being made to add qualified species to the 
lists of endangered or threatened species. (We refer to this third 
option as a ``warranted-but-precluded finding.'')
    We define ``candidate species'' to mean those species for which the 
Service has on file sufficient information on biological vulnerability 
and threat(s) to support issuance of a proposed rule to list, but for 
which issuance of the proposed rule is precluded (61 FR 64481; December 
6, 1996). This standard for making a species a candidate through our 
own initiative is identical to the standard for making a warranted-but-
precluded 12-month petition finding on a petition to list, and we add 
all petitioned species for which we have made a warranted-but-precluded 
12-month finding to the candidate list.
    Therefore all candidate species identified through our own 
initiative already have received the equivalent of substantial 90-day 
and warranted-but-precluded 12-month findings. Nevertheless, we review 
the status of the newly petitioned candidate species and through this 
CNOR publish specific section 4(b)(3) findings (i.e., substantial 90-
day and warranted-but-precluded 12-month findings) in response to the 
petitions to list these candidate species. We publish these findings as 
part of the first CNOR following receipt of the petition. Since 
publication of the CNOR in 2009, we received petitions to list three 
candidate species, the Florida bonneted bat, headwater chub, and 
Rosemont talussnail (we received this petition after we initiated our 
assessment of this species for candidate status). We are making 
substantial 90-day findings and warranted-but-precluded 12-month 
findings for these species as part of this notice. We have identified 
the candidate species for which we received petitions by the code 
``C*'' in the category column on the left side of Table 1.

[[Page 69229]]

    Second, the CNOR serves as a ``resubmitted'' petition finding. 
Section 4(b)(3)(C)(i) of the Act requires that when we make a 
warranted-but-precluded finding on a petition, we are to treat such a 
petition as one that is resubmitted on the date of such a finding. 
Thus, we must make a 12-month petition finding in compliance with 
section 4(b)(3)(B) of the Act at least once a year, until we publish a 
proposal to list the species or make a final not-warranted finding. We 
make these annual findings for petitioned candidate species through the 
CNOR.
    Third, through undertaking the analysis requires to complete the 
CNOR, the Service determines if any candidate species needs emergency 
listing. Section 4(b)(3)(C)(iii) of the Act requires us to ``implement 
a system to monitor effectively the status of all species'' for which 
we have made a warranted-but-precluded 12-month finding, and to ``make 
prompt use of the [emergency listing] authority [under section 4(b)(7)] 
to prevent a significant risk to the well being of any such species.'' 
The CNOR plays a crucial role in the monitoring system that we have 
implemented for all candidate species by providing notice that we are 
actively seeking information regarding the status of those species. We 
review all new information on candidate species as it becomes 
available, prepare an annual species assessment form that reflects 
monitoring results and other new information, and identify any species 
for which emergency listing may be appropriate. If we determine that 
emergency listing is appropriate for any candidate we will make prompt 
use of the emergency listing authority under section 4(b)(7). We have 
been reviewing and will continue to review, at least annually, the 
status of every candidate, whether or not we have received a petition 
to list it. Thus, the CNOR and accompanying species assessment forms 
constitute the Service's annual finding on the status of petitioned 
species pursuant to section 4(b)(3)(C)(i).
    A number of court decisions have elaborated on the nature and 
specificity of information that must be considered in making and 
describing the findings in the CNOR. The previous CNOR, which was 
published on November 9, 2009 (74 FR 57804), describes these court 
decisions in further detail. As with previous CNORs, we continue to 
incorporate information of the nature and specificity required by the 
courts. For example, we include a description of the reasons why the 
listing of every petitioned candidate species is both warranted and 
precluded at this time. We make our determinations of preclusion on a 
nationwide basis to ensure that the species most in need of listing 
will be addressed first and also because we allocate our listing budget 
on a nationwide basis (see below). Regional priorities can also be 
discerned from Table 1, which includes the lead region and the LPN for 
each species. Our preclusion determinations are further based upon our 
budget for listing activities for unlisted species only, and we explain 
the priority system and why the work we have accomplished does preclude 
action on listing candidate species.
    Pursuant to section 4(b)(3)(C)(ii) and the Administrative Procedure 
Act (5 U.S.C. 551 et seq.), any party with standing may challenge the 
merits of any not-warranted or warranted-but-precluded petition finding 
incorporated in this CNOR. The analysis included herein, together with 
the administrative record for the decision at issue (particularly the 
supporting species assessment form), will provide an adequate basis for 
a court to review the petition finding.
    Nothing in this document or any of our policies should be construed 
as in any way modifying the Act's requirement that we make a 
resubmitted 12-month petition finding for each petitioned candidate 
within 1 year of the date of publication of this CNOR. If we fail to 
make any such finding on a timely basis, whether through publication of 
a new CNOR or some other form of notice, any party with standing may 
seek judicial review.
    In this CNOR, we continue to address the concerns of the courts by 
including specific information in our discussion on preclusion (see 
below). In preparing this CNOR, we reviewed the current status of, and 
threats to, the 166 candidates and 5 listed species for which we have 
received a petition and for which we have found listing or 
reclassification from threatened to endangered to be warranted but 
precluded. We also reviewed the current status of, and threats to, the 
Canada lynx in New Mexico for which we received a petition to add that 
State to the listed range. We find that the immediate issuance of a 
proposed rule and timely promulgation of a final rule for each of these 
species has been, for the preceding months, and continues to be, 
precluded by higher priority listing actions. Additional information 
that is the basis for this finding is found in the species assessments 
and our administrative record for each species.
    Our review included updating the status of, and threats to, 
petitioned candidate or listed species for which we published findings, 
pursuant to section 4(b)(3)(B), in the previous CNOR. We have 
incorporated new information we gathered since the prior finding and, 
as a result of this review, we are making continued warranted-but-
precluded 12-month findings on the petitions for these species.
    The immediate publication of proposed rules to list these species 
was precluded by our work on higher priority listing actions, listed 
below, during the period from October 1, 2009, through September 30, 
2010. We will continue to monitor the status of all candidate species, 
including petitioned species, as new information becomes available to 
determine if a change in status is warranted, including the need to 
emergency-list a species under section 4(b)(7) of the Act.
    In addition to identifying petitioned candidate species in Table 1 
below, we also present brief summaries of why each of these candidates 
warrants listing. More complete information, including references, is 
found in the species assessment forms. You may obtain a copy of these 
forms from the Regional Office having the lead for the species, or from 
the Fish and Wildlife Service's Internet Web site: http://ecos.fws.gov/tess_public/pub/SpeciesReport.do?listingType=C&mapstatus=1. As 
described above, under section 4 of the Act we may identify and propose 
species for listing based on the factors identified in section 4(a)(1), 
and section 4 also provides a mechanism for the public to petition us 
to add a species to the lists of threatened species or endangered 
species under the Act. Below we describe the actions that continue to 
preclude the immediate proposal and final promulgation of a regulation 
implementing each of the petitioned actions for which we have made a 
warranted-but-precluded finding, and we describe the expeditious 
progress we are making to add qualified species to, and remove species 
from, the lists of endangered or threatened species.

Preclusion and Expeditious Progress

    Preclusion is a function of the listing priority of a species in 
relation to the resources that are available and the cost and relative 
priority of competing demands for those resources. Thus, in any given 
fiscal year (FY), multiple factors dictate whether it will be possible 
to undertake work on a listing proposal regulation or whether 
promulgation of such a proposal is precluded by higher priority listing 
actions.
    The resources available for listing actions are determined through 
the annual Congressional appropriations

[[Page 69230]]

process. The appropriation for the Listing Program is available to 
support work involving the following listing actions: Proposed and 
final listing rules; 90-day and 12-month findings on petitions to add 
species to the Lists of Endangered and Threatened Wildlife and Plants 
(Lists) or to change the status of a species from threatened to 
endangered; annual ``resubmitted'' petition findings on prior 
warranted-but-precluded petition findings as required under section 
4(b)(3)(C)(i) of the Act; critical habitat petition findings; proposed 
and final rules designating critical habitat; and litigation-related, 
administrative, and program-management functions (including preparing 
and allocating budgets, responding to Congressional and public 
inquiries, and conducting public outreach regarding listing and 
critical habitat). The work involved in preparing various listing 
documents can be extensive, and may include, but is not limited to: 
Gathering and assessing the best scientific and commercial data 
available and conducting analyses used as the basis for our decisions; 
writing and publishing documents; and obtaining, reviewing, and 
evaluating public comments and peer-review comments on proposed rules 
and incorporating relevant information into final rules. The number of 
listing actions that we can undertake in a given year also is 
influenced by the complexity of those listing actions; that is, more 
complex actions generally are more costly. The median cost for 
preparing and publishing a 90-day finding is $39,276; for a 12-month 
finding, $100,690; for a proposed rule with critical habitat, $345,000; 
and for a final listing rule with critical habitat, the median cost is 
$305,000.
    We cannot spend more than is appropriated for the Listing Program 
without violating the Anti-Deficiency Act (see 31 U.S.C. 
1341(a)(1)(A)). In addition, in FY 1998 and for each fiscal year since 
then, Congress has placed a statutory cap on funds which may be 
expended for the Listing Program, equal to the amount expressly 
appropriated for that purpose in that fiscal year. This cap was 
designed to prevent funds appropriated for other functions under the 
Act (for example, recovery funds for removing species from the Lists), 
or for other Service programs, from being used for Listing Program 
actions (see House Report 105-163, 105th Congress, 1st Session, July 1, 
1997).
    Since FY 2002, the Service's budget has included a critical habitat 
subcap to ensure that some funds are available for other work in the 
Listing Program (``The critical habitat designation subcap will ensure 
that some funding is available to address other listing activities'' 
(H.R. No. 107-103, 107th Congress, 1st Session, June 19, 2001)). In FY 
2002 and each year until FY 2006, the Service has had to use virtually 
the entire critical habitat subcap to address court-mandated 
designations of critical habitat, and consequently none of the critical 
habitat subcap funds have been available for other listing activities. 
In FY 2007, we were able to use some of the critical habitat subcap 
funds to fund proposed listing determinations for high-priority 
candidate species. In FY 2009, while we were unable to use any of the 
critical habitat subcap funds to fund proposed listing determinations, 
we did use some of this money to fund the critical habitat portion of 
some proposed listing determinations so that the proposed listing 
determination and proposed critical habitat designation could be 
combined into one rule, thereby being more efficient in our work. In FY 
2010, we are using some of the critical habitat subcap funds to fund 
listing actions with statutory deadlines.
    We make our determinations of preclusion on a nationwide basis to 
ensure that the species most in need of listing will be addressed first 
and also because we allocate our listing budget on a nationwide basis. 
Through the listing cap, the critical habitat subcap, and the amount of 
funds needed to address court-mandated critical habitat designations, 
Congress and the courts have in effect determined the amount of money 
available for other listing activities nationwide. Therefore, the funds 
in the listing cap, other than those needed to address court-mandated 
critical habitat for already listed species, represent the resources we 
must take into consideration when we make our determinations of 
preclusion and expeditious progress.
    Congress identified the availability of resources as the only basis 
for deferring the initiation of a rulemaking that is warranted. The 
Conference Report accompanying Public Law 97-304, which established the 
current statutory deadlines and the warranted-but-precluded finding, 
states that the amendments were ``not intended to allow the Secretary 
to delay commencing the rulemaking process for any reason other than 
that the existence of pending or imminent proposals to list species 
subject to a greater degree of threat would make allocation of 
resources to such a petition [that is, for a lower-ranking species] 
unwise.'' Although that statement appeared to refer specifically to the 
``to the maximum extent practicable'' limitation on the 90-day deadline 
for making a ``substantial information'' finding, that finding is made 
at the point when the Service is deciding whether or not to commence a 
status review that will determine the degree of threats facing the 
species, and therefore the analysis underlying the statement is more 
relevant to the use of the warranted-but-precluded finding, which is 
made when the Service has already determined the degree of threats 
facing the species and is deciding whether or not to commence a 
rulemaking.
    In FY 2010, $10,471,000 is the amount of money that Congress 
appropriated for the Listing Program (that is, the portion of the 
Listing Program funding not related to critical habitat designations 
for species that are already listed). Therefore, a proposed listing is 
precluded if pending proposals with higher priority will require 
expenditure of at least $10,471,000, and expeditious progress is the 
amount of work that can be achieved with $10,471,000. Since court 
orders requiring critical habitat work will not require use of all of 
the funds within the critical habitat subcap, we are using $1,114,417 
of our critical habitat subcap funds in order to work on as many of our 
required petition findings and listing determinations as possible. This 
brings the total amount of funds we have for listing action in FY 2010 
to $11,585,417.
    The $11,585,417 is being used to fund work in the following 
categories: Compliance with court orders and court-approved settlement 
agreements requiring that petition findings or listing determinations 
be completed by a specific date; section 4 (of the Act) listing actions 
with absolute statutory deadlines; essential litigation-related, 
administrative, and listing program-management functions; and high-
priority listing actions for some of our candidate species. In 2009, 
the responsibility for listing foreign species under the Act was 
transferred from the Division of Scientific Authority, International 
Affairs Program, to the Endangered Species Program. Therefore, starting 
in FY 2010, a portion of our funding is being used to work on the 
actions described above as they apply to listing actions for foreign 
species. This has the potential to further reduce funding available for 
domestic listing actions. Although there are currently no foreign 
species issues included in our high-priority listing actions at this 
time, many actions have statutory or court-approved settlement 
deadlines, thus increasing their priority. The budget allocations for 
each specific listing action are identified in the Service's FY

[[Page 69231]]

2010 Allocation Table (part of our administrative record).
    Based on our September 21, 1983, guidance for assigning an LPN for 
each candidate species (48 FR 43098), we have a significant number of 
species with an LPN of 2. Under this guidance, we assign each candidate 
an LPN of 1 to 12, depending on the magnitude of threats (high or 
moderate to low), immediacy of threats (imminent or nonimminent), and 
taxonomic status of the species (in order of priority: Monotypic genus 
(a species that is the sole member of a genus), species, or part of a 
species (subspecies, distinct population segment, or significant 
portion of the range)). The lower the listing priority number, the 
higher the listing priority (that is, a species with an LPN of 1 would 
have the highest listing priority).
    Because of the large number of high-priority species, we have 
further ranked the candidate species with an LPN of 2 by using the 
following extinction-risk type criteria: International Union for the 
Conservation of Nature and Natural Resources (IUCN) Red list status/
rank, Heritage rank (provided by NatureServe), Heritage threat rank 
(provided by NatureServe), and species currently with fewer than 50 
individuals, or 4 or fewer populations. Those species with the highest 
IUCN rank (critically endangered), the highest Heritage rank (G1), the 
highest Heritage threat rank (substantial, imminent threats), and 
currently with fewer than 50 individuals, or fewer than 4 populations, 
originally comprised a group of approximately 40 candidate species 
(``Top 40''). These 40 candidate species have had the highest priority 
to receive funding to work on a proposed listing determination. As we 
work through proposed and final listing rules for those 40 candidates, 
we apply the ranking criteria to the next group of candidates with LPNs 
of 2 and 3 to determine the next set of highest priority candidate 
species. Finally, proposed rules for reclassification of threatened 
species to endangered are lower priority, since as listed species, they 
are already afforded the protection of the Act and implementing 
regulations. However, for efficiency reasons, we may choose to work on 
a proposed rule to reclassify a species to endangered if we can combine 
this with work that is subject to a court-determined deadline.
    With our workload so much bigger than the amount of funds we have 
to accomplish it, it is important that we be as efficient as possible 
in our listing process. Therefore, as we work on proposed rules for the 
highest priority species in the next several years, we are preparing 
multi-species proposals when appropriate, and these may include species 
with lower priority if they overlap geographically or have the same 
threats as a species with an LPN of 2. In addition, we take into 
consideration the availability of staff resources when we determine 
which high-priority species will receive funding to minimize the amount 
of time and resources required to complete each listing action.
    Based on these prioritization factors, we continue to find that 
proposals to list the petitioned candidate species included in Table 1 
are all warranted but precluded.
    As explained above, a determination that listing is warranted but 
precluded must also demonstrate that expeditious progress is being made 
to add and remove qualified species to and from the Lists of Endangered 
and Threatened Wildlife and Plants. As with our ``precluded'' finding, 
the evaluation of whether progress in adding qualified species to the 
Lists has been expeditious is a function of the resources available for 
listing and the competing demands for those funds. Given the limited 
resources available for listing, we find that we made expeditious 
progress in FY 2010 in the Listing Program. (Although we do not discuss 
it in detail here, we are making expeditious progress in removing 
species from the list under the Recovery program in light of the 
resource available for delisting, which is funded by a separate line 
item in the budget of the Endangered Species Program. During FY 2010, 
we have completed two proposed delisting rules and two final delisting 
rules.) Progress in adding qualified species to the list included 
preparing and publishing the following determinations:

                                        FY 2010 Completed Listing Actions
----------------------------------------------------------------------------------------------------------------
      Publication date                     Title                     Actions                  FR pages
----------------------------------------------------------------------------------------------------------------
10/08/2009..................  Listing Lepidium papilliferum   Final Listing         74 FR 52013-52064.
                               (Slickspot Peppergrass) as a    Threatened.
                               Threatened Species Throughout
                               Its Range.
10/27/2009..................  90[dash]day Finding on a        Notice of 90-day      74 FR 55177-55180.
                               Petition To List the American   Petition Finding,
                               Dipper in the Black Hills of    Not substantial.
                               South Dakota as Threatened or
                               Endangered.
10/28/2009..................  Status Review of Arctic         Notice of Intent to   74 FR 55524-55525.
                               Grayling (Thymallus arcticus)   Conduct Status
                               in the Upper Missouri River     Review for Listing
                               System.                         Decision.
11/03/2009..................  Listing the British Columbia    Proposed Listing      74 FR 56757-56770.
                               Distinct Population Segment     Threatened.
                               of the Queen Charlotte
                               Goshawk Under the Endangered
                               Species Act: Proposed rule.
11/03/2009..................  Listing the Salmon-Crested      Proposed Listing      74 FR 56770-56791.
                               Cockatoo as Threatened          Threatened.
                               Throughout Its Range with
                               Special Rule.
11/23/2009..................  Status Review of Gunnison sage- Notice of Intent to   74 FR 61100-61102.
                               grouse (Centrocercus minimus).  Conduct Status
                                                               Review for Listing
                                                               Decision.
12/03/2009..................  12-Month Finding on a Petition  Notice of 12-month    74 FR 63343-63366.
                               to List the Black-tailed        petition finding,
                               Prairie Dog as Threatened or    Not warranted.
                               Endangered.
12/03/2009..................  90-Day Finding on a Petition    Notice of 90-day      74 FR 63337-63343.
                               to List Sprague's Pipit as      Petition Finding,
                               Threatened or Endangered.       Substantial.
12/15/2009..................  90-Day Finding on Petitions To  Notice of 90-day      74 FR 66260-66271.
                               List Nine Species of Mussels    Petition Finding,
                               From Texas as Threatened or     Substantial.
                               Endangered With Critical
                               Habitat.
12/16/2009..................  Partial 90-Day Finding on a     Notice of 90-day      74 FR 66865-66905.
                               Petition to List 475 Species    Petition Finding,
                               in the Southwestern United      Not substantial and
                               States as Threatened or         Substantial.
                               Endangered With Critical
                               Habitat Critical Habitat.

[[Page 69232]]

 
12/17/2009..................  12-month Finding on a Petition  Notice of 12-month    74 FR 66937-66950.
                               To Change the Final Listing     petition finding,
                               of the Distinct Population      Warranted but
                               Segment of the Canada Lynx To   precluded.
                               Include New Mexico.
1/05/2010...................  Listing Foreign Bird Species    Proposed Listing      75 FR 605-649.
                               in Peru and Bolivia as          Endangered.
                               Endangered Throughout Their
                               Range.
1/05/2010...................  Listing Six Foreign Birds as    Proposed Listing      75 FR 286-310.
                               Endangered Throughout Their     Endangered.
                               Range.
1/05/2010...................  Withdrawal of Proposed Rule to  Proposed rule,        75 FR 310-316.
                               List Cook's Petrel.             withdrawal.
1/05/2010...................  Final Rule to List the          Final Listing         75 FR 235-250.
                               Galapagos Petrel and            Threatened.
                               Heinroth's Shearwater as
                               Threatened Throughout Their
                               Ranges.
1/20/2010...................  Initiation of Status Review     Notice of Intent to   75 FR 3190-3191.
                               for Agave eggersiana and        Conduct Status
                               Solanum conocarpum.             Review for Listing
                                                               Decision.
2/09/2010...................  12-month Finding on a Petition  Notice of 12-month    75 FR 6437-6471.
                               to List the American Pika as    petition finding,
                               Threatened or Endangered.       Not warranted.
2/25/2010...................  12-Month Finding on a Petition  Notice of 12-month    75 FR 8601-8621.
                               To List the Sonoran Desert      petition finding,
                               Population of the Bald Eagle    Not warranted.
                               as a Threatened or Endangered
                               Distinct Population Segment.
2/25/2010...................  Withdrawal of Proposed Rule To  Withdrawal of         75 FR 8621-8644.
                               List the Southwestern           Proposed Rule to
                               Washington/Columbia River       List.
                               Distinct Population Segment
                               of Coastal Cutthroat Trout
                               (Oncorhynchus clarki clarki)
                               as Threatened.
3/18/2010...................  90-Day Finding on a Petition    Notice of 90-day      75 FR 13068-13071.
                               to List the Berry Cave          Petition Finding,
                               salamander as Endangered.       Substantial.
3/23/2010...................  90[dash]Day Finding on a        Notice of 90-day      75 FR 13717-13720.
                               Petition to List the Southern   Petition Finding,
                               Hickorynut Mussel (Obovaria     Not substantial.
                               jacksoniana) as Endangered or
                               Threatened.
3/23/2010...................  90-Day Finding on a Petition    Notice of 90-day      75 FR 13720-13726.
                               to List the Striped Newt as     Petition Finding,
                               Threatened.                     Substantial.
3/23/2010...................  12-Month Findings for           Notice of 12-month    75 FR 13910-14014.
                               Petitions to List the Greater   petition finding,
                               Sage-Grouse (Centrocercus       Warranted but
                               urophasianus) as Threatened     precluded.
                               or Endangered.
3/31/2010...................  12-Month Finding on a Petition  Notice of 12-month    75 FR 16050-16065.
                               to List the Tucson Shovel-      petition finding,
                               Nosed Snake (Chionactis         Warranted but
                               occipitalis klauberi) as        precluded.
                               Threatened or Endangered with
                               Critical Habitat.
4/5/2010....................  90-Day Finding on a Petition    Notice of 90-day      75 FR 17062-17070.
                               To List Thorne's Hairstreak     Petition Finding,
                               Butterfly as threatened or      Substantial.
                               Endangered.
4/6/2010....................  12-month Finding on a Petition  Notice of 12-month    75 FR 17352-17363.
                               To List the Mountain            petition finding,
                               Whitefish in the Big Lost       Not warranted.
                               River, Idaho, as Endangered
                               or Threatened.
4/6/2010....................  90-Day Finding on a Petition    Notice of 90-day      75 FR 17363-17367.
                               to List a Stonefly (Isoperla    Petition Finding,
                               jewetti) and a Mayfly           Not substantial.
                               (Fallceon eatoni) as
                               Threatened or Endangered with
                               Critical Habitat.
4/7/2010....................  12-Month Finding on a Petition  Notice of 12-month    75 FR 17667-17680.
                               to Reclassify the Delta Smelt   petition finding,
                               From Threatened to Endangered   Warranted but
                               Throughout Its Range.           precluded.
4/13/2010...................  Determination of Endangered     Final Listing         75 FR 18959-19165.
                               Status for 48 Species on        Endangered.
                               Kauai and Designation of
                               Critical Habitat.
4/15/2010...................  Initiation of Status Review of  Notice of Initiation  75 FR 19591-19592.
                               the North American Wolverine    of Status Review
                               in the Contiguous United        for Listing
                               States.                         Decision.
4/15/2010...................  12-Month Finding on a Petition  Notice of 12-month    75 FR 19592-19607.
                               to List the Wyoming Pocket      petition finding,
                               Gopher as Endangered or         Not warranted.
                               Threatened with Critical
                               Habitat.
4/16/2010...................  90-Day Finding on a Petition    Notice of 90-day      75 FR 19925-19935.
                               to List a Distinct Population   Petition Finding,
                               Segment of the Fisher in Its    Substantial.
                               United States Northern Rocky
                               Mountain Range as Endangered
                               or Threatened with Critical
                               Habitat.
4/20/2010...................  Initiation of Status Review     Notice of Initiation  75 FR 20547-20548.
                               for Sacramento splittail        of Status Review
                               (Pogonichthys macrolepidotus).  for Listing
                                                               Decision.
4/26/2010...................  90-Day Finding on a Petition    Notice of 90-day      75 FR 21568-21571.
                               to List the Harlequin           Petition Finding,
                               Butterfly as Endangered.        Substantial.
4/27/2010...................  12-Month Finding on a Petition  Notice of 12-month    75 FR 22012-22025.
                               to List Susan's Purse-making    petition finding,
                               Caddisfly (Ochrotrichia         Not warranted.
                               susanae) as Threatened or
                               Endangered.
4/27/2010...................  90-day Finding on a Petition    Notice of 90-day      75 FR 22063-22070.
                               to List the Mohave Ground       Petition Finding,
                               Squirrel as Endangered with     Substantial.
                               Critical Habitat.
5/4/2010....................  90-Day Finding on a Petition    Notice of 90-day      75 FR 23654-23663.
                               to List Hermes Copper           Petition Finding,
                               Butterfly as Threatened or      Substantial.
                               Endangered.
6/1/2010....................  90-Day Finding on a Petition    Notice of 90-day      75 FR 30313-30318.
                               To List Castanea pumila var.    Petition Finding,
                               ozarkensis.                     Substantial.

[[Page 69233]]

 
6/1/2010....................  12-month Finding on a Petition  Notice of 12-month    75 FR 30338-30363.
                               to List the White-tailed        petition finding,
                               Prairie Dog as Endangered or    Not warranted.
                               Threatened.
6/9/2010....................  90-Day Finding on a Petition    Notice of 90-day      75 FR 32728-32734.
                               To List van Rossem's Gull-      Petition Finding,
                               billed Tern as Endangered or    Substantial.
                               Threatened.
6/16/2010...................  90-Day Finding on Five          Notice of 90-day      75 FR 34077-34088.
                               Petitions to List Seven         Petition Finding,
                               Species of Hawaiian Yellow-     Substantial.
                               faced Bees as Endangered.
6/22/2010...................  12-Month Finding on a Petition  Notice of 12-month    75 FR 35398-35424.
                               to List the Least Chub as       petition finding,
                               Threatened or Endangered.       Warranted but
                                                               precluded.
6/23/2010...................  90-Day Finding on a Petition    Notice of 90-day      75 FR 35746-35751.
                               to List the Honduran Emerald    Petition Finding,
                               Hummingbird as Endangered.      Substantial.
6/23/2010...................  Listing Ipomopsis polyantha     Proposed Listing      75 FR 35721-35746.
                               (Pagosa Skyrocket) as           Endangered.
                               Endangered Throughout Its      Proposed Listing
                               Range, and Listing Penstemon    Threatened.
                               debilis (Parachute
                               Beardtongue) and Phacelia
                               submutica (DeBeque Phacelia)
                               as Threatened Throughout
                               Their Range.
6/24/2010...................  Listing the Flying Earwig       Final Listing         75 FR 35990-36012.
                               Hawaiian Damselfly and          Endangered.
                               Pacific Hawaiian Damselfly As
                               Endangered Throughout Their
                               Ranges.
6/24/2010...................  Listing the Cumberland Darter,  Proposed Listing      75 FR 36035-36057.
                               Rush Darter, Yellowcheek        Endangered.
                               Darter, Chucky Madtom, and
                               Laurel Dace as Endangered
                               Throughout Their Ranges.
6/29/2010...................  Listing the Mountain Plover as  Reinstatement of      75 FR 37353-37358.
                               Threatened.                     Proposed Listing
                                                               Threatened.
7/20/2010...................  90-Day Finding on a Petition    Notice of 90-day      75 FR 42033-42040.
                               to List Pinus albicaulis        Petition Finding,
                               (Whitebark Pine) as             Substantial.
                               Endangered or Threatened with
                               Critical Habitat.
7/20/2010...................  12-Month Finding on a Petition  Notice of 12-month    75 FR 42040-42054.
                               to List the Amargosa Toad as    petition finding,
                               Threatened or Endangered.       Not warranted.
7/20/2010...................  90-Day Finding on a Petition    Notice of 90-day      75 FR 42059-42066.
                               to List the Giant Palouse       Petition Finding,
                               Earthworm (Driloleirus          Substantial.
                               americanus) as Threatened or
                               Endangered.
7/27/2010...................  Determination on Listing the    Final Listing         75 FR 43844-43853.
                               Black-Breasted Puffleg as       Endangered.
                               Endangered Throughout its
                               Range; Final Rule.
7/27/2010...................  Final Rule to List the Medium   Final Listing         75 FR 43853-43864.
                               Tree-Finch (Camarhynchus        Endangered.
                               pauper) as Endangered
                               Throughout Its Range.
8/3/2010....................  Determination of Threatened     Final Listing         75 FR 45497-45527.
                               Status for Five Penguin         Threatened.
                               Species.
8/4/2010....................  90-Day Finding on a Petition    Notice of 90-day      75 FR 46894-46898.
                               To List the Mexican Gray Wolf   Petition Finding,
                               as an Endangered Subspecies     Substantial.
                               With Critical Habitat.
8/10/2010...................  90[dash]Day Finding on a        Notice of 90-day      75 FR 48294-48298.
                               Petition to List                Petition Finding,
                               Arctostaphylos franciscana as   Substantial.
                               Endangered with Critical
                               Habitat.
8/17/2010...................  Listing Three Foreign Bird      Final Listing         75 FR 50813-50842.
                               Species from Latin America      Endangered.
                               and the Caribbean as
                               Endangered Throughout Their
                               Range.
8/17/2010...................  90-Day Finding on a Petition    Notice of 90-day      75 FR 50739-50742.
                               to List Brian Head              Petition Finding,
                               Mountainsnail as Endangered     Not substantial.
                               or Threatened with Critical
                               Habitat.
8/24/2010...................  90-Day Finding on a Petition    Notice of 90-day      75 FR 51969-51974.
                               to List the Oklahoma Grass      Petition Finding,
                               Pink Orchid as Endangered or    Substantial.
                               Threatened.
9/1/2010....................  12-Month Finding on a Petition  Notice of 12-month    75 FR 53615-53629.
                               to List the White-Sided         petition finding,
                               Jackrabbit as Threatened or     Not warranted.
                               Endangered.
9/8/2010....................  Proposed Rule To List the       Proposed Listing      75 FR 54561-54579.
                               Ozark Hellbender Salamander     Endangered.
                               as Endangered.
9/8/2010....................  Revised 12-Month Finding to     Notice of 12-month    75 FR 54707-54753.
                               List the Upper Missouri River   petition finding,
                               Distinct Population Segment     Warranted but
                               of Arctic Grayling as           precluded.
                               Endangered or Threatened.
9/9/2010....................  12-Month Finding on a Petition  Notice of 12-month    75 FR 54822-54845.
                               to List the Jemez Mountains     petition finding,
                               Salamander (Plethodon           Warranted but
                               neomexicanus) as Endangered     precluded.
                               or Threatened with Critical
                               Habitat.
9/15/2010...................  12-Month Finding on a Petition  Notice of 12-month    75 FR 56028-56050.
                               to List Sprague's Pipit as      petition finding,
                               Endangered or Threatened        Warranted but
                               Throughout Its Range.           precluded.
9/22/2010...................  12-Month Finding on a Petition  Notice of 12-month    75 FR 57720-57734.
                               to List Agave eggersiana (no    petition finding,
                               common name) as Endangered.     Warranted but
                                                               precluded.
9/28/2010...................  Determination of Endangered     Final Listing         75 FR 59645-59656.
                               Status for the African          Endangered.
                               Penguin.
9/28/2010...................  Determination for the Gunnison  Notice of 12-month    75 FR 59803-59863.
                               Sage[dash]grouse as a           petition finding,
                               Threatened or Endangered        Warranted but
                               Species.                        precluded.

[[Page 69234]]

 
9/30/2010...................  12-Month Finding on a Petition  Notice of 12-month    75 FR 60515-60561.
                               to List the Pygmy Rabbit as     petition finding,
                               Endangered or Threatened.       Not warranted.
----------------------------------------------------------------------------------------------------------------

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

                                 Actions Funded in FY 2010 But Not Yet Completed
----------------------------------------------------------------------------------------------------------------
                   Species                                                  Action
----------------------------------------------------------------------------------------------------------------
Actions Subject to Court Order/Settlement
 Agreement
    6 Birds from Eurasia....................  Final listing determination.
    Flat-tailed horned lizard...............  Final listing determination.
    Mountain plover \3\.....................  Final listing determination.
    6 Birds from Peru.......................  Proposed listing determination.
    Sacramento splittail....................  12-month petition finding.
    Pacific walrus..........................  12-month petition finding.
    Wolverine...............................  12-month petition finding.
    Solanum conocarpum......................  12-month petition finding.
    Desert tortoise--Sonoran population.....  12-month petition finding.
    Thorne's Hairstreak butterfly \3\.......  12-month petition finding.
    Hermes copper butterfly \3\.............  12-month petition finding.
Actions with Statutory Deadlines
    Casey's june beetle.....................  Final listing determination.
    Georgia pigtoe, interrupted rocksnail,    Final listing determination.
     and rough hornsnail.
    7 Bird species from Brazil..............  Final listing determination.
    Southern rockhopper penguin--Campbell     Final listing determination.
     Plateau population.
    5 Bird species from Colombia and Ecuador  Final listing determination.
    Queen Charlotte goshawk.................  Final listing determination.
    5 species southeast fish (Cumberland      Final listing determination.
     darter, rush darter, yellowcheek
     darter, chucky madtom, and laurel dace).
    Salmon crested cockatoo.................  Proposed listing determination.
    CA golden trout.........................  12-month petition finding.
    Black-footed albatross..................  12-month petition finding.
    Mount Charleston blue butterfly.........  12-month petition finding.
    Mojave fringe-toed lizard \1\...........  12-month petition finding.
    Kokanee--Lake Sammamish population \1\..  12-month petition finding.
    Cactus ferruginous pygmy-owl \1\........  12-month petition finding.
    Northern leopard frog...................  12-month petition finding.
    Tehachapi slender salamander............  12-month petition finding.
    Coqui Llanero...........................  12-month petition finding.
    Dusky tree vole.........................  12-month petition finding.
    3 MT invertebrates (mist forestfly        12-month petition finding.
     (Lednia tumana), Oreohelix sp. 3,
     Oreohelix sp. 31) from 206 species
     petition.
    5 UT plants (Astragalus hamiltonii,       12-month petition finding.
     Eriogonum soredium, Lepidium ostleri,
     Penstemon flowersii, Trifolium
     friscanum) from 206 species petition.
    2 CO plants (Astragalus microcymbus,      12-month petition finding.
     Astragalus schmolliae) from 206 species
     petition.
    5 WY plants (Abronia ammophila, Agrostis  12-month petition finding.
     rossiae, Astragalus proimanthus,
     Boechere (Arabis) pusilla, Penstemon
     gibbensii) from 206 species petition.
    Leatherside chub (from 206 species        12-month petition finding.
     petition).
    Frigid ambersnail (from 206 species       12-month petition finding.
     petition).
    Gopher tortoise--eastern population.....  12-month petition finding.
    Wrights marsh thistle...................  12-month petition finding.
    67 of 475 southwest species.............  12-month petition finding.
    Grand Canyon scorpion (from 475 species   12-month petition finding.
     petition).
    Anacroneuria wipukupa (a stonefly from    12-month petition finding.
     475 species petition).
    Rattlesnake-master borer moth (from 475   12-month petition finding.
     species petition).
    3 Texas moths (Ursia furtiva,             12-month petition finding.
     Sphingicampa blanchardi, Agapema
     galbina) (from 475 species petition).
    2 Texas shiners (Cyprinella sp.,          12-month petition finding.
     Cyprinella lepida) (from 475 species
     petition).
    3 South Arizona plants (Erigeron          12-month petition finding.
     piscaticus, Astragalus hypoxylus,
     Amoreuxia gonzalezii) (from 475 species
     petition).

[[Page 69235]]

 
    5 Central Texas mussel species (3 from    12-month petition finding.
     475 species petition).
    14 parrots (foreign species)............  12-month petition finding.
    Berry Cave salamander \1\...............  12-month petition finding.
    Striped Newt \1\........................  12-month petition finding.
    Fisher--Northern Rocky Mountain Range     12-month petition finding.
     \1\.
    Mohave Ground Squirrel \1\..............  12-month petition finding.
    Puerto Rico Harlequin Butterfly.........  12-month petition finding.
    Western gull-billed tern................  12-month petition finding.
    Ozark chinquapin (Castanea pumila var.    12-month petition finding.
     ozarkensis).
    HI yellow-faced bees....................  12-month petition finding.
    Giant Palouse earthworm.................  12-month petition finding.
    Whitebark pine..........................  12-month petition finding.
    OK grass pink (Calopogon oklahomensis)    12-month petition finding.
     \1\.
    Southeastern pop snowy plover &           90-day petition finding.
     wintering pop. of piping plover \1\.
    Eagle Lake trout \1\....................  90-day petition finding.
    Smooth-billed ani \1\...................  90-day petition finding.
    Bay Springs salamander \1\..............  90-day petition finding.
    32 species of snails and slugs \1\......  90-day petition finding.
    42 snail species (Nevada & Utah)........  90-day petition finding.
    Red knot roselaari subspecies...........  90-day petition finding.
    Peary caribou...........................  90-day petition finding.
    Plains bison............................  90-day petition finding.
    Spring Mountains checkerspot butterfly..  90-day petition finding.
    Spring pygmy sunfish....................  90-day petition finding.
    Bay skipper.............................  90-day petition finding.
    Unsilvered fritillary...................  90-day petition finding.
    Texas kangaroo rat......................  90-day petition finding.
    Spot-tailed earless lizard..............  90-day petition finding.
    Eastern small-footed bat................  90-day petition finding.
    Northern long-eared bat.................  90-day petition finding.
    Prairie chub............................  90-day petition finding.
    10 species of Great Basin butterfly.....  90-day petition finding.
    6 sand dune (scarab) beetles............  90-day petition finding.
    Golden-winged warbler...................  90-day petition finding.
    Sand-verbena moth.......................  90-day petition finding.
    404 Southeast species...................  90-day petition finding.
High-Priority Listing Actions \3\             ..................................................................
    19 Oahu candidate species \2\ (16         Proposed listing.
     plants, 3 damselflies) (15 with LPN =
     2, 3 with LPN = 3, 1 with LPN =9).
    19 Maui-Nui candidate species \2\ (16     Proposed listing.
     plants, 3 tree snails) (14 with LPN =
     2, 2 with LPN = 3, 3 with LPN = 8).
    Dune sagebrush lizard (formerly Sand      Proposed listing.
     dune lizard) \3\ (LPN = 2).
    2 Arizona springsnails \2\ (Pyrgulopsis   Proposed listing.
     bernadina (LPN = 2), Pyrgulopsis
     trivialis (LPN = 2)).
    New Mexico springsnail \2\ (Pyrgulopsis   Proposed listing.
     chupaderae (LPN = 2)).
    2 mussels \2\ (rayed bean (LPN = 2),      Proposed listing.
     snuffbox No LPN).
    2 mussels \2\ (sheepnose (LPN = 2),       Proposed listing.
     spectaclecase (LPN = 4)).
    Altamaha spinymussel \2\ (LPN = 2)......  Proposed listing.
    8 southeast mussels (southern             Proposed listing.
     kidneyshell (LPN = 2), round ebonyshell
     (LPN = 2), Alabama pearlshell (LPN =
     2), southern sandshell (LPN = 5), fuzzy
     pigtoe (LPN = 5), Choctaw bean (LPN =
     5), narrow pigtoe (LPN = 5), and
     tapered pigtoe (LPN = 11)).
----------------------------------------------------------------------------------------------------------------
\1\ Funds for listing actions for these species were provided in previous FYs.
\2\ Although funds for these high-priority listing actions were provided in FY 2008 or 2009, due to the
  complexity of these actions and competing priorities, these actions are still being developed.
\3\ Partially funded with FY 2010 funds; also will be funded with FY 2011 funds.

    We also funded work on resubmitted petitions findings for 162 
candidate species (species petitioned prior to the last CNOR). We did 
not include new information in our resubmitted petition finding for the 
Columbia Basin population of the greater sage-grouse in this notice, as 
the significance of the Columbia Basin DPS to the greater sage-grouse 
will require further review and we will update our finding at a later 
date (see 75 FR 13909; March 23, 2010). We also did not include new 
information in our resubmitted petition findings for the 43 candidate 
species for which we are preparing proposed listing determinations; see 
summaries below regarding publication of these determinations (these 
species will remain on the candidate list until a proposed listing rule 
is published). We also funded a revised 12-month petition finding for 
the candidate species that we are removing from candidate status, which 
is being published as part of this CNOR (see Candidate Removals). 
Because the majority of these species were already candidate species 
prior to our receipt of a petition to list them, we had already 
assessed their status using funds from our Candidate Conservation 
Program. We also continue to monitor the status of these species 
through our Candidate Conservation Program. The cost of updating the 
species assessment forms and publishing the joint publication of the 
CNOR and resubmitted petition findings is shared

[[Page 69236]]

between the Listing Program and the Candidate Conservation Program.
    During FY 2010, we also funded work on resubmitted petition 
findings for uplisting six listed species, for which petitions were 
previously received.
    We have endeavored to make our listing actions as efficient and 
timely as possible, given the requirements of the relevant law and 
regulations, and constraints relating to workload and personnel. We are 
continually considering ways to streamline processes or achieve 
economies of scale, such as by batching related actions together. Given 
our limited budget for implementing section 4 of the Act, the actions 
described above collectively constitute expeditious progress.
    Although we have not been able to resolve the listing status of 
many of the candidates, several programs in the Service contribute to 
the conservation of these species. In particular, the Candidate 
Conservation program, which is separately budgeted, focuses on 
providing technical expertise for developing conservation strategies 
and agreements to guide voluntary on-the-ground conservation work for 
candidate and other at-risk species. The main goal of this program is 
to address the threats facing candidate species. Through this program, 
we work with our partners (other Federal agencies, State agencies, 
Tribes, local governments, private landowners, and private conservation 
organizations) to address the threats to candidate species and other 
species at-risk. We are currently working with our partners to 
implement voluntary conservation agreements for more than 140 species 
covering 5 million acres of habitat. In some instances, the sustained 
implementation of strategically designed conservation efforts 
culminates in making listing unnecessary for species that are 
candidates for listing or for which listing has been proposed.

Findings for Petitioned Candidate Species

    Below are updated summaries for petitioned candidates for which we 
published findings, pursuant to section 4(b)(3)(B). We are making 
continued warranted-but-precluded 12-month findings on the petitions 
for these species (for our revised 12-month petition findings for 
species we are removing from candidate status, see summaries above 
under ``Candidate Removals'').

Mammals

    Florida bonneted bat (Eumops floridanus)--The following summary is 
based on information in our files. No new information was presented in 
the petition received on January 29, 2010. Endemic to south Florida, 
this species has been found at 12 locations, 5 on private land and 7 on 
public land. The entire population may number less than a few hundred 
individuals. Results from a rangewide acoustical survey found a small 
number of locations where calls were recorded, and low numbers of calls 
were recorded at each location. Few active roost sites are known; all 
are artificial (i.e., bat houses). Prolonged cold temperatures in 
January and February 2010 affected one active roost; it is not clear 
what effect the prolonged cold had on the species. Efforts are under 
way to confirm presence at all previously documented sites.
    Occurrences are threatened by loss and conversion of habitat to 
other uses and habitat alteration (e.g., removal of old trees with 
cavities, removal of manmade structures with suitable roosting sites); 
this threat is expected to continue and increase. Although occurrences 
on conservation lands are inherently more protected than those on 
private lands, habitat alteration during management practices may 
affect natural roosting sites even on conservation lands if Florida 
bonneted bats are present but undetected. Therefore, occupied and 
potential habitat on forested or wooded lands, both private and public, 
continues to be at risk. The species is vulnerable to a wide array of 
natural and human factors: Low population size, restricted range, low 
fecundity, large distances between occupied locations, and small number 
of occupied locations. Such factors may make recolonization unlikely if 
any site is extirpated and may make the species vulnerable to 
extinction due to genetic drift, inbreeding depression, extreme weather 
events, and random or chance changes to the environment. Where the 
species occurs in or near human dwellings or structures, it is at risk 
to persecution, removal, and disturbance. Disturbance from humans, 
either intentional or inadvertent, can occur at any of the occurrences 
of this bat on either private or conservation lands. Disturbance of 
maternity roosts is of particular concern due to this species' low 
fecundity and small population. Pesticide applications may be affecting 
its foraging base, especially in coastal areas.
    Due to its overall vulnerability, intense hurricanes are a 
significant threat; this threat is expected to continue or increase in 
the future. Intense storms can cause mortality during the storm, 
exposure to predation immediately following the storm, loss of roost 
sites, impacts on foraging areas and insect abundance, and disruption 
of the maternal period. Prolonged periods of cold temperatures may have 
severe impacts on the population and increase risks from other threats 
by weakening individuals, extirpating colonies, or further reducing 
colony sizes. Although disease is a significant threat for other bat 
species, it is not known to be a threat for the Florida bonneted bat at 
this time. The protection currently afforded the Florida bonneted bat 
is limited, provides little protection to the species' occupied 
habitat, and includes no provisions to protect suitable but unoccupied 
habitat within the vicinity of known colony sites. Overall, we find the 
magnitude of threats is high due to the severity of the threats on this 
species. We find that most of the threats are currently occurring and, 
consequently, overall, threats are imminent. Therefore, we assigned an 
LPN of 2 to this species.
    Pacific Sheath-tailed Bat, American Samoa DPS (Emballonura 
semicaudata semicaudata)--The following summary is based on information 
contained in our files. No new information was provided in the petition 
we received on May 11, 2004. This small bat is a member of the 
Emballonuridae, an Old World bat family that has an extensive 
distribution, primarily in the tropics. The Pacific sheath-tailed bat 
was once common and widespread in Polynesia and Micronesia and it is 
the only insectivorous bat recorded from a large part of this area. The 
species as a whole (E. semicaudata) occurred on several of the Caroline 
Islands (Palau, Chuuk, and Pohnpei), Samoa (Independent and American), 
the Mariana Islands (Guam and the CNMI), Tonga, Fiji, and Vanuatu. 
While populations appear to be healthy in some locations, mainly in the 
Caroline Islands, they have declined substantially in other areas, 
including Independent and American Samoa, the Mariana Islands, Fiji, 
and possibly Tonga. Scientists recognize four subspecies: E. s. 
rotensis, endemic to the Mariana Islands (Guam and the Commonwealth of 
the Northern Mariana Islands (CNMI)); E. s. sulcata, occurring in Chuuk 
and Pohnpei; E. s. palauensis, found in Palau; and E. s. semicaudata, 
occurring in American and Independent Samoa, Tonga, Fiji, and Vanuatu. 
The candidate assessment form addresses the distinct population segment 
(DPS) of E. s. semicaudata that occurs in American Samoa.
    E. s. semicaudata historically occurred in American and Independent 
Samoa, Tonga, Fiji, and Vanuatu. It is extant in Fiji and Tonga, but 
may be extirpated from Vanuatu and Independent Samoa. There is some

[[Page 69237]]

concern that it is also extirpated from American Samoa, the location of 
this DPS, where surveys are currently ongoing to ascertain its status. 
The factors that led to the decline of this subspecies and the DPS are 
poorly understood; however, current threats to this subspecies and the 
DPS include habitat loss, predation by introduced species, and its 
small population size and distribution, which make the taxon extremely 
vulnerable to extinction due to typhoons and similar natural 
catastrophes. Thus, the threats are high in magnitude. The Pacific 
sheath-tailed bat may also by susceptible to disturbance to roosting 
caves. The LPN for E. s. semicaudata is 3 because the magnitude of the 
threats is high, the threats are ongoing, and therefore, imminent, and 
the taxon is a distinct population segment of a subspecies.
    Pacific Sheath-tailed Bat (Emballonura semicaudata rotensis), Guam 
and the Commonwealth of the Northern Mariana Islands--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
This small bat is a member of the Emballonuridae, an Old World bat 
family that has an extensive distribution, primarily in the tropics. 
The Pacific sheath-tailed bat was once common and widespread in 
Polynesia and Micronesia and it is the only insectivorous bat recorded 
from a large part of this area. E. s. rotensis is historically known 
from the Mariana Islands and formerly occurred on Guam and in the CNMI 
on Rota, Aguiguan, Tinian (known from prehistoric records only), 
Saipan, and possibly Anatahan and Maug. Currently, E. s. rotensis 
appears to be extirpated from all but one island in the Mariana 
archipelago. The single remaining population of this subspecies occurs 
on Aguiguan, CNMI.
    Threats to this subspecies have not changed over the past year. The 
primary threats to the subspecies are ongoing habitat loss and 
degradation as a result of feral goat (Capra hircus) activity on the 
island of Aguiguan and the taxon's small population size and limited 
distribution. Predation by nonnative species and human disturbance are 
also potential threats to the subspecies. The subspecies is believed 
near the point where stochastic events, such as typhoons, are 
increasingly likely to affect its continued survival. The disappearance 
of the remaining population on Aguiguan would result in the extinction 
of the subspecies. Thus, the threats are high in magnitude. The LPN for 
E. s. rotensis remains at 3 because the magnitude of the threats is 
high, the threats are ongoing, and therefore, imminent, and the taxon 
is a subspecies.
    New England cottontail (Sylvilagus transitionalis)--The following 
summary is based on information contained in our files and information 
received in response to our notice published on June 30, 2004, when we 
announced our 90-day petition finding and initiation of a status review 
(69 FR 39395). We received the petition on August 30, 2000. The New 
England cottontail (NEC) is a medium-to-large sized cottontail rabbit 
that may reach 1,000 grams in weight, and is one of two species within 
the genus Sylvilagus occurring in New England. New England cottontails 
are considered habitat specialists, in so far as they are dependent 
upon early-successional habitats typically described as thickets. The 
species is the only endemic cottontail in New England. Historically, 
the NEC occurred in seven States and ranged from southeastern New York 
(east of the Hudson River) north through the Champlain Valley, southern 
Vermont, the southern half of New Hampshire, southern Maine, and south 
throughout Massachusetts, Connecticut and Rhode Island. The current 
range of the NEC has declined substantially and occurrences have become 
increasingly separated. The species' distribution is fragmented into 
five apparently isolated metapopulations. The area occupied by the 
cottontail has contracted from approximately 90,000 sq km to 12,180 sq 
km. Recent surveys indicate that the longterm decline in NEC continues. 
For example, surveys for the species in early 2008 documented the 
presence of NEC in 7 of the 23 New Hampshire locations that were known 
to be occupied in 2002 and 2003. Similarly, surveys in Maine found the 
species present in 12 of 57 sites identified in an extensive survey 
that spanned the years 2000 to 2004. Unlike the New Hampshire study, 
several new sites were documented in Maine during 2008. Some have 
suggested that the decline in NEC occurrences in 2008 may be attributed 
to persistent snow cover throughout northern New England during the 
winter of 2007-2008. Similar surveys were conducted during the winter 
of 2009 in Maine, New Hampshire, Rhode Island, and New York. The 
results are pending further analysis. It is estimated that less than 
one-third of the occupied sites occur on lands in conservation status 
and fewer than 10 percent are being managed for early-successional 
forest species.
    The primary threat to the New England cottontail is loss of habitat 
through succession and alteration. Isolation of occupied patches by 
areas of unsuitable habitat and high predation rates are resulting in 
local extirpation of New England cottontails from small patches. The 
range of the New England cottontail has contracted by 75 percent or 
more since 1960 and current land uses in the region indicate that the 
rate of change, about 2 percent range loss per year, will continue. 
Additional threats include competition for food and habitat with 
introduced eastern cottontails and large numbers of native white-tailed 
deer; inadequate regulatory mechanisms to protect habitat; and 
mortality from predation. The magnitude of the threats continues to be 
high, because they occur rangewide, and have a severe negative effect 
on the survival of the species. They are imminent because they are 
ongoing. Thus, we retained an LPN of 2 for this species. Conservation 
measures that address the threats to the species are being developed.
    Fisher, West Coast DPS (Martes pennanti)--The following summary is 
based on information contained in our files and in the Service's 
initial warranted-but-precluded finding published in the Federal 
Register on April 8, 2004 (68 FR 18770). The fisher is a carnivore in 
the family Mustelidae and is the largest member of the genus Martes. 
Historically, the West Coast population of the fisher extended south 
from British Columbia into western Washington and Oregon, and in the 
North Coast Ranges, Klamath-Siskiyou Mountains, and Sierra Nevada in 
California. Because of a lack of detections with standardized survey 
efforts over much of the fisher's historical range, the fisher is 
believed to be extirpated or reduced to scattered individuals from the 
lower mainland of British Columbia through Washington and northern 
Oregon and in the central and northern Sierra Nevada in California. 
Native extant populations of fisher are isolated to the North Coast of 
California, the Klamath-Siskiyou Mountains of northern California and 
southern Oregon, and the southern Sierra Nevada in California. 
Descendents of a fisher reintroduction effort also occur in the 
southern Cascades in Oregon. The Washington Department of Fish and 
Wildlife in conjunction with the Olympic National Park has completed 
the third year of a reintroduction effort as the State's first step in 
implementing their recover goals for fisher. The California Department 
of Fish and Game and other collaborators began the first year of their 
translocation efforts into the northern Sierra Nevada during the winter 
of 2009-2010.
    Estimates of fisher numbers in native populations of the West Coast 
DPS vary

[[Page 69238]]

widely. A rigorous monitoring program is lacking for the northern 
California southern Oregon and southern Oregon Cascades populations, 
making estimates of fisher numbers for these two populations difficult. 
The fisher monitoring program in the southern Sierra Nevada population 
has provided preliminary estimates indicating no decline in the index 
of abundance within the monitored portion of the population. There is a 
high degree of genetic relatedness within some populations. The two 
populations of native fisher in the northern California southern Oregon 
and southern Sierra Nevada are separated by four times the species' 
maximum dispersal distance. The extant fisher populations are either 
small (southern Sierra Nevada and southern Oregon Cascades) and are 
isolated from one another or both.
    Major threats that fragment or remove key elements of fisher 
habitat include various forest vegetation management practices such as 
timber harvest and fuels-reduction treatments. Other potential major 
threats in portions of the range include: Large stand-replacing 
wildfires, changes in forest composition and structure related to 
climate change effects, forest and fuels management, and urban and 
rural development. Threats to fishers that lead to direct mortality and 
injury include: Collisions with vehicles; predation; and viral borne 
diseases such as rabies, parvovirus, and canine distemper. Existing 
regulatory mechanisms on Federal, State, and private lands do not 
provide sufficient protection for the key elements of fisher habitat, 
or the certainty that conservation efforts will be effective or 
implemented. The magnitude of threats is high as they occur across the 
range of the DPS resulting in a negative impact on fisher distribution 
and abundance. However, the threats are nonimminent as the greatest 
long-term risks to the fisher in its west coast range are the 
subsequent ramifications of the isolation of small populations and 
their interactions with the listed threats. The three remaining areas 
containing fisher populations appear to be stable or not rapidly 
declining based on recent survey and monitoring efforts. Therefore, we 
assigned an LPN of 6 to this DPS.
    New Mexico meadow jumping mouse (Zapus hudsonius luteus)--The 
following summary is based on information contained in our files and 
the petition we received October 15, 2008. The New Mexico meadow 
jumping mouse (jumping mouse) is endemic to New Mexico, Arizona, and a 
small area of southern Colorado. The jumping mouse nests in dry soils 
but uses moist, streamside, dense riparian/wetland vegetation. Recent 
genetic studies confirm that the New Mexico meadow jumping mouse is a 
distinct subspecies from other Zapus hudsonius subspecies, confirming 
the currently accepted subspecies designation.
    The threats that have been identified are excessive grazing 
pressure, water use and management, highway reconstruction, 
development, recreation, and beaver removal.
    Since the early to mid-1990s over 100 historical localities have 
been surveyed. Currently only 24 are extant, 11 in New Mexico 
(including one that is contiguous with the Colorado locality) and 13 in 
Arizona. Moreover, the highly fragmented nature of its distribution is 
also a major contributor to the vulnerability of this species and 
increases the likelihood of very small, isolated populations being 
extirpated. The insufficient number of secure populations, and the 
destruction, modification, or curtailment of its habitat, continue to 
pose the most immediate threats to this species. Because the threats 
affect the jumping mouse in all but two of the extant localities, the 
threats are of a high magnitude. These threats are currently occurring 
and, therefore, are imminent. Thus, we continue to assign an LPN of 3 
to this subspecies.
    Mazama pocket gopher (Thomomys mazama ssp. couchi, douglasii, 
glacialis, louiei, melanops, pugetensis, tacomensis, tumuli, 
yelmensis)--The following summary is based on information contained in 
our files. No new information was provided in the petition received 
December 11, 2002. Seven of the nine subspecies of pocket gopher are 
associated with glacial outwash prairies in western Washington (T. m. 
melanops is found on alpine meadows in Olympic National Park, and T. m. 
oregonus is found in extreme southwest Washington). Of these seven 
subspecies, five are likely still extant (couchi, glacialis, 
pugetensis, tumuli, and yelmensis). Few of these glacial outwash 
prairies remain in Washington today. Historically, such prairies were 
patchily distributed, but the area they occupied totaled approximately 
170,000 acres (Stinson 2005). Now, residential and commercial 
development and in-growth of woody and/or nonnative vegetation have 
further reduced their numbers. In addition, development in or adjacent 
to these prairies has likely increased predation on Mazama pocket 
gophers by dogs and cats.
    The magnitude of threat is high due to populations with patchy and 
isolated distributions in habitats highly desirable for development and 
subject to a wide variety of human activities that permanently alter 
the habitat. The threat of invasive plant species to the quality of a 
highly specific habitat requirement is high and constant. There are few 
known populations of each subspecies. A limited dispersal capability, 
and the loss and degradation of additional patches of appropriate 
habitat will further isolate populations and increase their 
vulnerability to extinction. Loss of any of the subspecies will reduce 
the genetic diversity and the likelihood of continued existence of the 
T. mazama subspecies complex in Washington.
    The threats are imminent. Two of the subspecies (Cathlamet and 
Tacoma) are likely extinct. The status of T. m. douglasii is unknown, 
but its location in a matrix of towns means it's threatened by 
encroaching development. Two gravel pits are operating on part of the 
remaining Roy Prairie pocket gopher habitat, and another one occurs in 
the area of the Tenino pocket gopher. The largest populations of two 
other subspecies (Shelton and Olympia) are located on airports with 
planned development. Yelm pocket gophers are also threatened by 
proposed development. Due to its low genetic diversity, isolation, and 
potential for natural habitat alterations in the future, T. m. melanops 
(Olympic pocket gopher) is susceptible to stochastic events and small 
population effects such as genetic drift and founder effects. Thus, we 
assign an LPN of 3 to these subspecies.
    Gunnison's prairie dog (Cynomys gunnisoni)--This species occurs in 
Arizona, Colorado, New Mexico, and Utah. However, only the significant 
portion of the range in the montane portions of central and south 
central Colorado and north central New Mexico is included on our list 
of candidates. Within this portion of the range, plague has 
significantly reduced the number and size of populations, resulting in 
considerable effects to the species. Populations within montane habitat 
have distinct disadvantages in resisting the effects of plague due to a 
high abundance of fleas that spread plague, small populations that 
cannot recover in numbers from plague epizootics, and isolated 
populations that limit the ability to recolonize. Poisoning and 
shooting continue to be threats to the Gunnison's prairie dog within 
the montane portion of its range and contribute to the decline of the 
species when combined with the effects of disease. Agriculture, 
urbanization, roads, and oil and gas development each currently affect 
a small percentage of Gunnison's prairie dog habitat. Plague is 
significantly affecting the remaining

[[Page 69239]]

small, isolated populations. Plague epizootics can extirpate 
populations there within a short timeframe (3 to 10 years). We have 
assigned an LPN of 3 to this species due to imminent threats of a high 
magnitude in a significant portion of its range.
    Southern Idaho ground squirrel (Spermophilus brunneus endemicus)--
The following summary is based on information contained in our files. 
No new information was provided in the petition we received on May 11, 
2004. The southern Idaho ground squirrel is endemic to four counties in 
southwest Idaho; its total known range is approximately 425,630 
hectares (1,051,752 acres). Threats to southern Idaho ground squirrels 
include: Habitat degradation and fragmentation; direct killing from 
shooting, trapping, or poisoning; predation; competition with Columbian 
ground squirrels; and inadequacy of existing regulatory mechanisms. 
Habitat degradation and fragmentation appear to be the primary threats 
to the species. Nonnative annuals now dominate much of this species' 
range, have changed the species composition of vegetation used as 
forage for the southern Idaho ground squirrel, and have altered the 
fire regime by accelerating the frequency of wildfire. Habitat 
deterioration, destruction, and fragmentation contribute to the current 
patchy distribution of southern Idaho ground squirrels. Based on recent 
genetic work, southern Idaho ground squirrels are subject to more 
genetic drift and inbreeding than expected.
    Two Candidate Conservation Agreements with Assurances (CCAAs) have 
been completed for this species in recent years. Both CCAAs include 
conservation measures that provide additional protection to southern 
Idaho ground squirrels from recreational shooting and other direct 
killing on enrolled lands, and also allow the State of Idaho, the 
Service, and BLM to investigate ways of restoring currently degraded 
habitat. At this time, the acreage enrolled through these two CCAAs is 
38,756 ha (95,767 ac), or 9 percent of the known range approximately. 
While the ongoing conservation efforts have helped to reduce the 
magnitude of threats to moderate, habitat degradation remains the 
primary threat to the species throughout most of its range. This threat 
is imminent due to the ongoing and increasing prevalence and dominance 
of nonnative vegetation, and the current patchy distribution of the 
species. Thus, we assign an LPN of 9 to this subspecies.
    Washington ground squirrel (Spermophilus washingtoni)--The 
following summary is based on information contained in our files and in 
the petition we received on March 2, 2000. The Washington ground 
squirrel is endemic to the Deschutes-Columbia Plateau sagebrush-steppe 
and grassland communities in eastern Oregon and south-central 
Washington. Although widely abundant historically, recent surveys 
suggest that its current range has contracted toward the center of its 
historical range. Approximately two-thirds of the Washington ground 
squirrel's total historical range has been converted to agricultural 
and residential uses. The most contiguous, least-disturbed expanse of 
suitable habitat within the species' range occurs on a site owned by 
Boeing, Inc. and on the Naval Weapons Systems Training Facility near 
Boardman, Oregon. In Washington, the largest expanse of known suitable 
habitat occurs on State and Federal lands.
    Agricultural, residential, and windpower development, among other 
forms of development, continue to eliminate Washington ground squirrel 
habitat in portions of its range. Throughout much of its range, 
Washington ground squirrels are threatened by the establishment and 
spread of invasive plant species, particularly cheatgrass, which alter 
available cover and food quantity and quality, and increase fire 
intervals. Additional threats include habitat fragmentation, 
recreational shooting, genetic isolation and drift, and predation. 
Potential threats include disease, drought, and possible competition 
with related species in disturbed habitat at the periphery of their 
range. In Oregon, some threats are being addressed as a result of the 
State listing of this species, and by implementation of the Threemile 
Canyon Farms Multi-Species Candidate Conservation Agreement with 
Assurances (CCAA). In Washington, there are currently no formal 
agreements with private landowners or with State or Federal agencies to 
protect the Washington ground squirrel. Additionally, no State or 
Federal management plans have been developed that specifically address 
the needs of the species or its habitat. Since current and potential 
threats are widespread and, in some cases, severe, we conclude the 
magnitude of threats remains high. The Washington ground squirrel has 
both imminent and nonimminent threats. At a range-wide scale, we 
conclude the threats are nonimminent based largely on the following: 
The CCAA addressed the imminent loss of a large portion of habitat to 
agriculture, there are no other large-scale efforts to convert suitable 
habitat to agriculture, and windpower project impacts can be minimized 
through compliance with the Oregon State Endangered Species Act (OESA) 
and/or the Columbia Basin Ecoregion wind energy siting and permitting 
guidelines. We also consider the potential development of shooting 
ranges on the Naval Weapons Systems Training Facility as nonimminent 
because the proposed action is still being developed, making us unable 
to assess its timing and impact, which could be minimized through 
compliance with the OESA. We, therefore, have retained an LPN of 5 for 
this species.

Birds

    Spotless crake, American Samoa DPS (Porzana tabuensis)--The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. Porzana tabuensis is a small, dark, cryptic rail found in 
wetlands and rank scrub or forest in the Philippines, Australia, Fiji, 
Tonga, Society Islands, Marquesas, Independent Samoa, and American 
Samoa (Ofu, Tau). The genus Porzana is widespread in the Pacific, where 
it is represented by numerous island-endemic and flightless species 
(many of which are extinct as a result of anthropogenic disturbances) 
as well as several more cosmopolitan species, including P. tabuensis. 
No subspecies of P. tabuensis are recognized.
    The American Samoa population is the only population of spotless 
crakes under U.S. jurisdiction. The available information indicates 
that distinct populations of the spotless crake, a species not noted 
for long-distance dispersal, are definable. The population of spotless 
crakes in American Samoa is discrete in relation to the remainder of 
the species as a whole, which is distributed in widely separated 
locations. Although the spotless crake (and other rails) have dispersed 
widely in the Pacific, island rails have tended to reduce or lose their 
power of flight over evolutionary time and so become isolated (and 
vulnerable to terrestrial predators such as rats). The population of 
this species in American Samoa is therefore distinct based on 
geographic and distributional isolation from spotless crake populations 
on other islands in the oceanic Pacific, the Philippines, and 
Australia. The American Samoa population of the spotless crake links 
the Central and Eastern Pacific portions of the species' range. The 
loss of this population would result in an increase of roughly 500

[[Page 69240]]

miles (805 kilometers) in the distance between the central and eastern 
Polynesian portions of the spotless crake's range, and could result in 
the isolation of the Marquesas and Society Islands populations by 
further limiting the potential for even rare genetic exchange. Based on 
the discreteness and significance of the American Samoa population of 
the spotless crake, we consider this population to be a distinct 
vertebrate population segment.
    Threats to this population have not changed over the past year. The 
population in American Samoa is threatened by small population size, 
limited distribution, predation by nonnative mammals, continued 
development of wetland habitat, and natural catastrophes such as 
hurricanes. The co-occurrence of a known predator of ground-nesting 
birds, the Norway rat (Rattus norvegicus), along with the extremely 
restricted observed distribution and low numbers, indicate that the 
magnitude of the threats to the American Samoa DPS of the spotless 
crake continues to be high, because the threats significantly affect 
the species survival. The threats are ongoing, and therefore imminent. 
Based on this assessment of existing information about the imminence 
and high magnitude of these threats, we assigned the spotless crake an 
LPN of 3.
    Yellow-billed cuckoo, western U.S. DPS (Coccyzus americanus)--The 
following summary is based on information contained in our files and 
the petition we received on February 9, 1998. See also our 12-month 
petition finding published on July 25, 2001 (66 FR 38611). The yellow-
billed cuckoo is a medium-sized bird of about 12 inches (30 
centimeters) in length with a slender, long-tailed profile and a fairly 
stout and slightly down-curved bill. Plumage is grayish-brown above and 
white below, with rufous primary flight feathers with the tail feathers 
boldly patterned with black and white below. Western cuckoos breed in 
large blocks of riparian habitats (particularly woodlands with 
cottonwoods (Populus fremontii) and willows (Salix sp.). Dense 
understory foliage appears to be an important factor in nest-site 
selection, while cottonwood trees are an important foraging habitat in 
areas where the species has been studied in California. We consider the 
yellow-billed cuckoos that occur in the western United States as a 
distinct population segment (DPS). The area for this DPS is west of the 
crest of the Rocky Mountains.
    The threats currently facing the yellow-billed cuckoo include 
habitat loss, over-grazing, and pesticide application. Principal causes 
of riparian habitat losses are conversion to agricultural and other 
uses, dams and river-flow management, stream channelization and 
stabilization, and livestock grazing. Available breeding habitats for 
cuckoos have also been substantially reduced in area and quality by 
groundwater pumping and the replacement of native riparian habitats by 
invasive nonnative plants, particularly tamarisk. Overuse by livestock 
has been a major factor in the degradation and modification of riparian 
habitats in the western United States. The effects include changes in 
plant community structure and species composition and in relative 
abundance of species and plant density. These changes are often linked 
to more widespread changes in watershed hydrology. Livestock grazing in 
riparian habitats typically results in reduction of plant species 
diversity and density, especially of palatable broadleaf plants like 
willows and cottonwood saplings, and is one of the most common causes 
of riparian degradation. In addition to destruction and degradation of 
riparian habitats, pesticides may affect cuckoo populations. In areas 
where riparian habitat borders agricultural lands-- e.g., in 
California's Central Valley-- pesticide use may indirectly affect 
cuckoos by reducing prey numbers, or by poisoning nestlings if sprayed 
directly in areas where the birds are nesting. A group comprised of 
Federal, State, and nongovernmental agencies organized by the Service 
(Region 8, Sacramento Fish and Wildlife Office) is in the process of 
completing a rangewide conservation assessment and strategy for the 
Western yellow-billed cuckoo. The assessment is in early stages of 
development, with work beginning on a conservation strategy expected in 
2011. The LPN for the yellow-billed cuckoo remains a 3, with imminent 
threats of high magnitude.
    Friendly ground-dove, American Samoa DPS (Gallicolumba stairi)--The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. The genus Gallicolumba is distributed throughout the Pacific and 
Southeast Asia. The genus is represented in the oceanic Pacific by six 
species: Three are endemic to Micronesian islands or archipelagos, two 
are endemic to island groups in French Polynesia, and G. stairi is 
endemic to Samoa, Tonga, and Fiji. Some authors recognize two 
subspecies of the friendly ground-dove, one, slightly smaller, in the 
Samoan archipelago (G. s. stairi), and one in Tonga and Fiji (G. s. 
vitiensis), but because morphological differences between the two are 
minimal, we are not recognizing separate subspecies at this time.
    In American Samoa, the friendly ground-dove has been found on the 
islands of Ofu and Olosega (Manua Group). Threats to this subspecies 
have not changed over the past year. Predation by nonnative species and 
natural catastrophes such as hurricanes are the primary threats to the 
subspecies. Of these, predation by nonnative species is thought to be 
occurring now and likely has been occurring for several decades. This 
predation may be an important impediment to increasing the population. 
Predation by introduced species has played a significant role in 
reducing, limiting, and extirpating populations of island birds, 
especially ground-nesters like the friendly ground-dove, in the Pacific 
and other locations worldwide. Nonnative predators known or thought to 
occur in the range of the friendly ground-dove in American Samoa are 
feral cats (Felis catus), Polynesian rats (Rattus exulans), black rats 
(R. rattus), and Norway rats (R. norvegicus).
    In January 2004 and February of 2005, hurricanes virtually 
destroyed the habitat of G. stairi in the area on Olosega Island that 
the species had been most frequently recorded. Although this species 
has coexisted with severe storms for millennia, this example 
illustrates the potential for natural disturbance to exacerbate the 
effect of anthropogenic disturbance on small populations. Consistent 
monitoring using a variety of methods over the last 5 years yielded few 
observations and no change in the relative abundance of this taxon in 
American Samoa. The total population size is poorly known, but is 
unlikely to number more than a few hundred pairs. The distribution of 
the friendly ground-dove is limited to steep, forested slopes with an 
open understory and a substrate of fine scree or exposed earth; this 
habitat is not common in American Samoa. The threats are ongoing and, 
therefore, imminent and the magnitude is moderate because the relative 
abundance has remained the same for several years. Thus, we assign this 
subspecies an LPN of 9.
    Streaked horned lark (Eremophila alpestris strigata)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on December 11, 
2002. The streaked horned lark occurs in Washington and Oregon, and is 
thought to be extirpated in British

[[Page 69241]]

Columbia, Canada. The streaked horned lark nests on bare ground in 
sparsely vegetated sites in short-grass dominated habitats, such as 
native prairies, coastal dunes, fallow and active agricultural fields, 
seasonal wetlands, moderately- to heavily-grazed pastures, seasonal 
mudflats, airports, and dredge-deposition sites in and along the tidal 
reach of the Columbia River. In Washington, surveys show that there are 
approximately 330 remaining breeding birds. In Oregon, the breeding 
population is estimated to be over 500 birds.
    The streaked horned lark's breeding habitat continues to be 
threatened by loss and degradation due to conversion of native 
grasslands to other uses (such as agriculture, homes, recreational 
areas, and industry), encroachment of woody vegetation, invasion of 
nonnative plant species (e.g., Scot's broom, sod-forming grasses, and 
beachgrasses), and dredging-related activities. Native prairies have 
been nearly eliminated throughout the range of the species. It is 
estimated that less than 1 to 3 percent of the native grassland and 
savanna remains. And those that remain have been invaded by nonnative 
sod-forming grasses. Coastal nesting areas have suffered the same fate. 
A recent purchase of prairie lands in Washington has secured habitat 
that would have been developed. Its status as suitable lark nesting 
habitat is unknown.
    Wintering habitats are seemingly few, and are susceptible to 
unpredictable conversion to unsuitable over-wintering habitat, plant 
succession, and invasion by nonnative plants. Where larks inhabit 
manmade habitats similar in structure to native prairies (such as 
airports, military reservations, agricultural fields, and dredge-formed 
islands), or where they occur adjacent to human habitation, they are 
subjected to a variety of unintentional human disturbances. These 
include mowing, recreational and military activities, plowing, 
flooding, and dredge-material deposition during the nesting season, as 
well as intentional disturbances such as at the Joint Base Lewis-
McChord Field where falcons and a dog are used to haze birds in order 
to avoid aircraft collisions, and the biennial (but opposite year) 
RODEO and Air Expo events that occur on or adjacent to lark nesting 
habitat. In some areas, landowners have taken steps to improve streaked 
horned lark nesting habitat.
    The magnitude of threat is high due to small populations with low 
genetic diversity, rapidly declining populations, and patchy and 
isolated habitats in areas desirable for development, many of which 
remain unsecured. The threat of invasive plant species is high and 
constant, aside from a few restoration sites. The numbers of 
individuals are low and the numbers of populations are few. In 
addition, estimates of lambda using data from all Washington sites 
suggest a rapidly declining population. Over-wintering birds are 
concentrated in larger flocks and subject to unpredictable wintering 
habitat loss (especially in Oregon), potentially affecting a large 
portion of the population at one time. In Washington, known populations 
occur on airports, military bases, coastal beaches, and Columbia River 
islands, where management, training activities, recreation, and dredge-
material deposition continue to negatively impact streaked horned lark 
breeding and wintering (although current work being conducted by TNC 
may ultimately lessen this last threat). In Oregon, breeding and 
wintering sites occur on Columbia River islands, in cultivated grass 
fields, grazed pastures, fallow fields, roadside shoulders, Christmas 
tree farms, seasonal wetlands, restored wet prairie, and wetland 
mudflats. Such areas continue to be subject to negative impacts such as 
dredge material deposition, development, plowing, mowing, pesticide and 
herbicide applications, trampling, vehicle traffic, and recreation.
    The threats are imminent, as a result of continued loss of suitable 
lark habitat, high nest-predation rates, low adult survival, and low 
fecundity. Low adult survival and fecundity rates in the Puget lowlands 
are of particular concern. Loss of habitat is being caused by 
development on and adjacent to several of its nesting areas, including 
continued expansions of the Fort Lewis Gray Army Airfield West Ramp and 
the Olympia Airport. Wintering populations are at risk in Oregon due to 
the manner in which larks gather in large flocks that are vulnerable to 
stochastic events, and also due to the fact that their wintering 
habitat occurs on privately owned agricultural lands that are subject 
to unpredictable conversion. Other ongoing threats include those 
occurring on the Joint Base Lewis-McChord Field (hazing birds off the 
airfields, RODEO, and Air Expo). Based on imminent threats of a high 
magnitude, we continue to assign an LPN of 3 to this subspecies.
    Red knot (Calidris canutus rufa)--The following summary is based on 
information contained in our files and information provided by 
petitioners. Four petitions to emergency list the red knot have been 
received: One on August 9, 2004, two others on August 5, 2005, and the 
most recent on February 27, 2008. The rufa subspecies is one of six 
recognized subspecies of red knot, and one of three subspecies 
occurring in North America. This subspecies makes one of the longest-
distance migrations known in the animal kingdom, as it travels between 
breeding areas in the central Canadian Arctic and wintering areas that 
are primarily in southern South America along the coast of Chile and 
Argentina. They migrate along the Atlantic coast of the United States, 
where they may be found from Maine to Florida.
    The Delaware Bay area (in Delaware and New Jersey) is the largest 
known spring migration stopover area, with far fewer migrants 
congregating elsewhere along the Atlantic coast. The concentration in 
the Delaware Bay area occurs from the middle of May to early June, 
corresponding to the spawning season of horseshoe crabs. The knots feed 
on horseshoe crab eggs, rebuilding energy reserves needed to complete 
migrations to the Arctic and arrive on the breeding grounds in good 
condition. In the past, horseshoe crab eggs at Delaware Bay were so 
numerous that a knot could dependably eat enough in two to three weeks 
to double its weight.
    Surveys at wintering areas and at Delaware Bay during spring 
migration indicate a substantial decline in the red knot in recent 
years. At the Delaware Bay area, peak counts between 1982 and 1998 were 
as high as 95,360 individuals. Counts may vary considerably between 
years. Some of the fluctuations can be attributed to predator-prey 
cycles in the breeding grounds, and counts show that knots rebound from 
such reductions. Peak counts of red knots observed during aerial 
surveys flown in Delaware Bay from 2004 to 2008 were consistently below 
16,000 birds, with an alltime low of only 12,375 red knots found in 
2007. In recent years, the highest concentrations of red knots at the 
Delaware Bay stopover have been within Mispillion Harbor, Delaware, an 
area that has likely been undercounted during past aerial surveys. 
Beginning in 2009, a new survey methodology was implemented for the 
Delaware Bay stopover area to include ground counts that more 
accurately reflect concentrations of red knots using Mispillion Harbor 
and to include aerial surveys of red knots using Atlantic coastal 
marshes near Stone Harbor, New Jersey. The highest count using the new 
methodology showed 27,187 red knots in Delaware and 900 in New Jersey, 
for a total count of 28,087 birds. Poor weather conditions in 2009 
prevented aerial surveys during the period when red knots were thought 
to be at a peak, so no comparison with the past aerial

[[Page 69242]]

survey peak count method was possible. While the number of red knots 
using Delaware Bay likely increased in 2009, much of the increase is 
attributed to improved survey methods and an expanded area of coverage.
    Counts in recent years in South America also are substantially 
lower than in the past. In the mid-1980s, an estimated 67,500 red knots 
were observed from Tierra del Fuego, Chile and along the coast of 
Argentina to northern Patagonia. Since 2003, the largest concentrations 
of red knots have occurred at the principal wintering areas in Bahia 
Lomas and other portions of Tierra del Fuego and southern Patagonia, 
with few birds found further north along the coast of Argentina. More 
than 50,000 red knots were counted in the principal winter areas in 
1985 and 2000. Since 2005, fewer than 18,000 have been counted within 
the same area, with only 16,260 red knots observed in 2010.
    The primary threat to the red knot has been attributed to 
destruction and modification of its habitat, particularly the reduction 
in key food resources resulting from reductions in horseshoe crabs, 
which are harvested primarily for use as bait and secondarily to 
support a biomedical industry. Commercial harvest increased 
substantially in the 1990s. Research shows that since 1998, a high 
proportion of red knots leaving the Delaware Bay failed to achieve 
threshold departure masses needed to fly to breeding grounds and 
survive an initial few days of snow cover, and this corresponded to 
reduced annual survival rates and reduced reproductive success. Since 
1999, to protect the Atlantic coast population of the horseshoe crab 
and to increase availability of horseshoe crab eggs in Delaware Bay for 
hemispheric migratory shorebird populations, a series of timing 
restrictions and substantially lower harvest quotas have been adopted 
by the Atlantic States Marine Fisheries Commission, as well as by the 
States of New Jersey, Delaware, and Maryland. In March 2008, New Jersey 
passed legislation imposing a moratorium on horseshoe crab harvest or 
landing within the State until such time as the red knot has fully 
recovered.
    The reductions in commercial horseshoe crab harvest by Atlantic 
coastal States since 1999 are substantial. From 2004 to 2009, annual 
landings of horseshoe crabs have been reduced by over 70 percent from 
the reference period landings of the mid- to late-1990s. For Delaware 
and New Jersey, the decline in horseshoe crab landings for bait has 
decreased from 726,660 reported in 1999 to a preliminary number of 
102,659 crabs landed in Delaware in 2009 and no crabs harvested in New 
Jersey. No horseshoe crabs have been landed for bait in New Jersey 
since 2007 as a result of the State-imposed harvest moratorium. In the 
Delaware Bay area, continued recruitment of small horseshoe crabs has 
been observed, with a substantial increase in numbers of the smallest 
sizes of immature males and females in 2009 over previous years. The 
continued increase in immature males and females would be expected in a 
recovering population and suggests recent harvest restrictions may be 
having the desired effect, but it may be several more years until this 
increase is realized in spawning age adults, as horseshoe crabs need 8 
to10 years to reach sexual maturity.
    Other identified threat factors include habitat destruction due to 
beach erosion and various shoreline protection and stabilization 
projects that are affecting areas used by migrating knots for foraging, 
the inadequacy of existing regulatory mechanisms, human disturbance, 
and competition with other species for limited food resources. Also, 
the concentration of red knots in the Delaware Bay areas and at a 
relatively small number of wintering areas makes the species vulnerable 
to potential large-scale events such as oil spills or severe weather. 
Overall, we conclude that the threats, in particular the modification 
of habitat through harvesting of horseshoe crabs, are severe enough to 
put the viability of the knot at substantial risk and is therefore of a 
high magnitude. The threats are currently occurring, and therefore 
imminent because of continuing suppressed horseshoe-crab-egg forage 
conditions for red knot within the Delaware Bay stopover. Based on 
imminent threats of a high magnitude, we retain an LPN of 3 for this 
subspecies.
    Yellow-billed loon (Gavia adamsii)--The following summary is based 
on information contained in our files and the petition we received on 
April 5, 2004. The yellow-billed loon is a migratory bird. Solitary 
pairs breed on lakes in the arctic tundra of the United States, Russia, 
and Canada from June to September. During the remainder of the year, 
the species winters in more southern coastal waters of the Pacific 
Ocean and the Norway and North Seas. During most of the year, 
individual yellow-billed loons are so widely dispersed that high adult 
mortality from any single factor is unlikely. However, during 
migration, yellow-billed loons are more concentrated and are subject to 
subsistence harvest that at current levels appears to be unsustainable, 
based on the best available information; the population could decline 
substantially if such harvest continues. Future subsistence harvests in 
Alaska, by themselves, constitute a threat to the species rangewide. 
This subsistence harvest is occurring despite the species being closed 
to hunting under the Migratory Bird Treaty Act. In addition, up to 
several hundred yellow-billed loons may be taken annually on Russian 
breeding grounds, and small numbers of yellow-billed loons are reported 
in harvests in other areas in Alaska outside of the subsistence harvest 
area and in Canada.
    Other risk factors evaluated, including oil and gas development 
(i.e., disturbance, changes in freshwater chemistry and pollutant 
loads, and changes in freshwater hydrology); pollution; overfishing; 
climate change; vessel traffic; commercial- and subsistence-fishery 
bycatch; and contaminants other than those associated with oil and gas, 
were not found to be threats to the species. Although these other risk 
factors may not rise to the level of a threat individually, when taken 
collectively with the effects of subsistence hunting in other areas, 
they may reduce the rangewide population even further. One or more of 
the threats discussed above is occurring throughout the range of the 
yellow-billed loon, either in its breeding or wintering grounds, or 
during migration; therefore, the threats are imminent. The magnitude of 
the primary threat to the species, subsistence harvest, is moderate. 
Although subsistence harvest is ongoing, the numbers taken have varied 
substantially between years. In addition, we have concerns about the 
precision of the numbers reported. Thus, we assigned the yellow-billed 
loon an LPN of 8.
    Kittlitz's murrelet (Brachyramphus brevirostris)--The following 
summary is based on information contained in our files and the petition 
we received on May 9, 2001. Kittlitz's murrelet is a small diving 
seabird whose entire North American population, and a majority of the 
world's population, inhabits Alaskan coastal waters discontinuously 
from Point Lay south to northern portions of Southeast Alaska. Most 
Kittlitz's murrelets are associated with tidewater glaciers, but some 
occur in areas not currently influenced by glaciers. Genetic analyses 
suggest very low rates of immigration and emigration between Kittlitz's 
murrelets in the western Aleutian Islands, where there are no extant 
glaciers, and birds occupying mainland fjords, where there are glaciers 
today. For 2010, we estimate

[[Page 69243]]

the world-wide abundance of Kittlitz's murrelets to be between 30,900 
and 56,800 individuals. In some regions of Alaska, Kittlitz's murrelets 
have declined at a rate of up to 20 percent between two decadal periods 
(1988-1999 and 2004-2007).
    Threats to Kittlitz's murrelets include large-scale processes such 
as global climate change and marine regime shifts. These large-scale 
processes may influence Kittlitz's murrelet survival and reproduction. 
Glacial retreat is a global phenomenon that affects many of the 
glaciers with which Kittlitz's murrelets are associated. This glacial 
retreat may be changing forage fish availability, and may contribute to 
loss of nesting habitat and increased predation on Kittlitz's 
murrelets. Other threats include oil spills, bycatch in commercial 
gillnet fisheries, and disturbance by tour boats. Catastrophic events 
such as oil spills could have a significant negative effect on the 
population of this already diminished species. Kittlitz's murrelets are 
believed to have been negatively affected by the Exxon Valdez oil spill 
in Prince William Sound in 1989. Mortality as bycatch in commercial 
fishing may be a significant factor in their population decline. Tour 
boat visitation to glacial fjords is a growing industry, and this 
activity may increasingly disrupt Kittlitz's murrelet feeding behavior; 
tour boats may also provide artificial perch sites for avian predators.
    Based on the observed population trajectory and the severity of 
ongoing threats (rapid glacial retreat, acute and chronic oil spills, 
commercial gillnet fishing, and human disturbance from tour boats), the 
threats to this species are high in magnitude and imminent. Therefore, 
we assigned an LPN of 2 to this species.
    Xantus's murrelet (Synthliboramphus hypoleucus)--The following 
summary is based on information contained in our files and the petition 
we received on April 16, 2002. The Xantus's murrelet is a small seabird 
in the family Alcidae that occurs along the west coast of North America 
in the United States, Mexico, and Canada. The species has a limited 
breeding distribution, only nesting on the Channel Islands in southern 
California and on islands off the west coast of Baja California, 
Mexico. Although data on population trends are scarce, the population 
is suspected to have declined greatly over the last century, mainly due 
to introduced predators such as rats (Rattus sp.) and feral cats (Felis 
catus) to nesting islands, with possible extirpations on three islands 
in Mexico. A dramatic decline (up to 70 percent) from 1977 to 1991 was 
detected at the largest nesting colony in southern California, possibly 
due to high levels of predation on eggs by the endemic deer mouse 
(Peromyscus maniculatus elusus). Identified threats include introduced 
predators at nesting colonies, oil spills and oil pollution, reduced 
prey availability, human disturbance, and artificial light pollution.
    Although substantial declines in the Xantus's murrelet population 
likely occurred over the last century, some of the largest threats are 
being addressed, and, to some degree, ameliorated. Declines and 
possible extirpations at several nesting colonies were thought to have 
been caused by nonnative predators, which have been removed from many 
of the islands where they once occurred. Most notably, since 1994, 
Island Conservation and Ecology Group has systematically removed rats, 
cats, and dogs from every murrelet nesting colony in Mexico, with the 
exception of cats and dogs on Guadalupe Island. In 2002, rats were 
eradicated from Anacapa Island in southern California, which has 
resulted in improvements in reproductive success at that island. In 
southern California, efforts to restore nesting habitat on Santa 
Barbara Island through the Montrose Settlements Restoration Project may 
benefit the Xantus's murrelet population at that island.
    Artificial lighting from squid fishing and other vessels, or lights 
on islands, remains a potential threat to the species. Bright lights 
make Xantus's murrelets more susceptible to predation, and they can 
also become disoriented and exhausted from continual attraction to 
bright lights. Chicks can become disoriented and separated from their 
parents at sea, which could result in death of the dependent chicks. 
High-wattage lights on commercial market squid (Loligo opalescens) 
fishing vessels used at night to attract squid to the surface of the 
water in the Channel Islands was the suspected cause of unusually high 
predation on Xantus's murrelets by western gulls (Larus occidentalis) 
and barn owls (Tyto alba) at Santa Barbara Island in 1999. To address 
this threat, in 2000, the California Fish and Game Commission required 
light shields and a limit of 30,000 watts per boat; it is unknown if 
this is sufficient to reduce impacts. Since 1999, no significant squid 
fishing has occurred near any of the colonies in the Channel Islands; 
however, this remains a potential future threat.
    A proposal to build three liquid natural gas facilities near the 
Channel Islands could affect the nesting colonies due to bright lights 
at night from the facility and visiting tanker vessels, noise from the 
facilities or from helicopters visiting the facilities, and the threat 
of oil spills associated with visiting tanker vessels. However, these 
facilities are early in the complex and long-term planning processes, 
and it is possible that none of these facilities will be built. In 
addition, none of them are directly adjacent to nesting colonies, where 
their impacts would be expected to be more significant. The remaining 
threats to the species are of a high magnitude but nonimminent. 
Therefore, we retained an LPN of 5 for this species.
    Lesser prairie-chicken (Tympanuchus pallidicinctus)--The following 
summary is based on information contained in our files and the petition 
received on October 5, 1995. Additional information can be found in the 
12-month finding published on June 7, 1998 (63 FR 31400). Biologists 
estimate that the occupied range has declined by 92 percent since the 
1800s. The most serious threats to the lesser prairie-chicken are loss 
of habitat from conversion of native rangelands to introduced forages 
and cultivated crops; conversion of suitable restored habitat in the 
Conservation Reserve Program to cropland; cumulative habitat 
degradation caused by severe grazing; and energy development, including 
transmission, and wind, oil, and gas development. Additional threats 
are woody plant invasion of open prairies due to fire suppression, 
herbicide use (including resumption of herbicide use in shinnery oak 
habitat), and habitat fragmentation caused by structural and 
transportation developments. Many of these threats may exacerbate the 
normal effects of periodic drought on lesser prairie-chicken 
populations. In many cases, the remaining suitable habitat has become 
fragmented by the spatial arrangement of these individual threats. 
Habitat fragmentation can be a threat to the species through several 
mechanisms: Remaining habitat patches may become smaller than necessary 
to meet the requirements of individuals and populations, necessary 
habitat heterogeneity may be lost to areas of homogeneous habitat 
structure, and the probability of recolonization decreases as the 
distance between suitable habitat patches expands. We have determined 
that the overall magnitude of threats to the lesser prairie-chicken 
throughout its range is high, and that the threats are ongoing, and 
thus imminent. Consequently, we have retained an LPN of 2 for this 
species.
    Greater sage-grouse (Centrocercus urophasianus), Columbia Basin 
DPS--The following summary is based on information in our files and a 
petition,

[[Page 69244]]

dated May 14, 1999, requesting the listing of the Washington population 
of the western sage-grouse (C. u. phaios). On May 7, 2001, we concluded 
that listing the Columbia Basin DPS of the western sage-grouse was 
warranted, but precluded by higher-priority listing actions (66 FR 
22984); this population was historically found in northern Oregon and 
central Washington. Following our May 7, 2001, finding, the Service 
received additional petitions requesting listing actions for various 
other greater sage-grouse populations, including one for the nominal 
western subspecies, dated January 24, 2002, and three for the entire 
species, dated June 18, 2002, and March 19 and December 22, 2003. The 
Service subsequently found that the petition for the western subspecies 
did not present substantial information (68 FR 6500), and that listing 
the greater sage-grouse throughout its historical range was not 
warranted (70 FR 2244). These latter findings were remanded to the 
Service for further consideration. In response, we initiated a new 
range-wide status review for the entire species (73 FR 10218). On March 
5, 2010, we found that listing of the greater sage-grouse was warranted 
but precluded by higher priority listing actions (75 FR 13909; March 
23, 2010), and it was added to the list of candidates. We also found 
that the western subspecies of the greater sage-grouse, the taxonomic 
entity we relied on in our DPS analysis for the Columbia Basin 
population, was no longer considered a valid subspecies. In light of 
our conclusions regarding the invalidity of the western sage-grouse 
subspecies, the significance of the Columbia Basin DPS to the greater 
sage-grouse will require further review. As priorities allow the 
Service intends to complete an analysis to determine if this population 
continues to warrant recognition as a DPS in accordance with our Policy 
Regarding the Recognition of Distinct Population (61 FR 4722; February 
7, 1996). Until that time, the Columbia Basin DPS will remain a 
candidate for listing as a separate population of greater sage-grouse. 
Even if this population does not meet our DPS policy, the greater sage-
grouse population in the Columbia Basin will remain a candidate for 
listing as part of the greater sage-grouse entity.
    Band-rumped storm-petrel, Hawaii DPS (Oceanodroma castro)--The 
following summary is based on information contained in our files and 
the petition we received on May 8, 1989. No new information was 
provided in the second petition received on May 11, 2004. The band-
rumped storm-petrel is a small seabird that is found in several areas 
of the subtropical Pacific and Atlantic Oceans. In the Pacific, there 
are three widely separated breeding populations--one in Japan, one in 
Hawaii, and one in the Galapagos. Populations in Japan and the 
Galapagos are comparatively large and number in the thousands, while 
the Hawaiian birds represent a small, remnant population of possibly 
only a few hundred pairs. Band-rumped storm-petrels are most commonly 
found in close proximity to breeding islands. The three populations in 
the Pacific are separated by long distances across the ocean where 
birds are not found. Extensive at-sea surveys of the Pacific have 
revealed a broad gap in distribution of the band-rumped storm-petrel to 
the east and west of the Hawaiian Islands, indicating that the 
distribution of birds in the central Pacific around Hawaii is disjunct 
from other nesting areas. The available information indicates that 
distinct populations of band-rumped storm-petrels are definable and 
that the Hawaiian population is distinct based on geographic and 
distributional isolation from other band-rumped storm-petrel 
populations in Japan, the Galapagos, and the Atlantic Ocean. A 
population also can be considered discrete if it is delimited by 
international boundaries that have differences in management control of 
the species. The Hawaiian population of the band-rumped storm-petrel is 
the only population within U.S. borders or under U.S. jurisdiction. 
Loss of the Hawaiian population would cause a significant gap in the 
distribution of the band-rumped storm-petrel in the Pacific, and could 
result in the complete isolation of the Galapagos and Japan populations 
without even occasional genetic exchanges. Therefore, the population is 
both discrete and significant, and constitutes a DPS.
    The band-rumped storm-petrel probably was common on all of the main 
Hawaiian Islands when Polynesians arrived about 1,500 years ago, based 
on storm-petrel bones found in middens on the island of Hawaii and in 
excavation sites on Oahu and Molokai. Nesting colonies of this species 
in the Hawaiian Islands currently are restricted to remote cliffs on 
Kauai and Lehua Island and high-elevation lava fields on Hawaii. 
Vocalizations of the species were heard in Haleakala Crater on Maui as 
recently as 2006; however, no nesting sites have been located on the 
island to date. The significant reduction in numbers and range of the 
band-rumped storm-petrel is due primarily to predation by nonnative 
predators introduced by humans, including the domestic cat (Felis 
catus), small Indian mongoose (Herpestes auropunctatus), common barn 
owl (Tyto alba), black rat (R. rattus), Polynesian rat (R. exulans), 
and Norway rat (R. norvegicus), which occur throughout the main 
Hawaiian Islands, with the exception of the mongoose, which is not 
established on Kauai. Attraction of fledglings to artificial lights, 
which disrupts their night-time navigation, resulting in collisions 
with building and other objects, and collisions with artificial 
structures such as communication towers and utility lines are also 
threats. Erosion of nest sites caused by the actions of nonnative 
ungulates is a potential threat in some locations. Efforts are under 
way in some areas to reduce light pollution and mitigate the threat of 
collisions, but there are no large-scale efforts to control nonnative 
predators in the Hawaiian Islands. The threats are imminent because 
they are ongoing, and they are of a high magnitude because they can 
severely affect the survival of this DPS leading to a relatively high 
likelihood of extinction. Therefore, we assign this distinct population 
segment an LPN of 3.
    Elfin-woods warbler (Dendroica angelae)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Dendroica 
angelae, or elfin-woods warbler, is a small entirely black and white 
warbler, distinguished by its white eyebrow stripe, white patches on 
ear covers and neck, incomplete eye ring, and black crown. The elfin-
woods warbler was at first thought to occur only in the high elevation 
dwarf or elfin forests, but has since been found at lower elevations 
including shade coffee plantations and secondary forests. This species 
builds a compact cup nest, usually close to the trunk and well hidden 
among the epiphytes of a small tree, and its breeding season extends 
from March to June. It forages in the middle part of trees, gleaning 
insects from leaves in the outer portion of the tree crown. The elfin-
woods warbler has been documented from four locations in Puerto Rico: 
Luquillo Mountains (El Yunque National Forest), Sierra de Cayey, and 
the Commonwealth forests of Maricao and Toro Negro. However, it has not 
been recorded again in Toro Negro and Cayey, following the passing of 
Hurricane Hugo in 1989. In 2003 and 2004, surveys were conducted for 
the elfin-woods warbler in the Carite Commonwealth Forest, Toro Negro

[[Page 69245]]

Forest, Guilarte Forest, Bosque del Pueblo, Maricao Forest and the El 
Yunque National Forest, but only detected the species in the latter 
two. In the Maricao Commonwealth Forest, 778 elfin woods warblers were 
recorded, and in the El Yunque National Forest, 196 elfin-woods 
warblers were recorded.
    The elfin-woods warbler is currently threatened by habitat 
modification. Destruction of elfin forest and Podocarpus forest by the 
installation of infrastructure (e.g., telecommunication towers, 
recreational facilities) threatens the long-term survival of this 
species. Loss of this type of habitat has been curtailed but potential 
for loss still exists due to Commonwealth agencies other than DNER. 
Furthermore, restoration of this habitat would take decades to 
complete. Present regulatory processes, both Commonwealth and Federal, 
promote the protection of these areas. Conversion of elfin-woods 
warbler habitat of better quality (e.g., mature secondary forests, 
young secondary forests, and shaded-coffee plantations) along the 
periphery of the Maricao Commonwealth Forest to marginal habitat (e.g., 
pastures, dry slope forests, residential rural forests, gallery 
forests, and un-shaded coffee plantations) may result in ineffective 
corridors for dispersal and expansion of elfin-woods warbler 
populations. While there is an effort to restore sun-coffee plantations 
to shade-coffee habitat, other habitats adjacent to the Maricao Forest 
may still be affected by residential development.
    The listing priority number was originally assessed as a 5 (high 
magnitude, non-imminent threats). This was changed during the 2009 
CNOR. Our analysis of the five listing factors revealed that only 
factors A and D applied to the species. Although habitat modification 
is occurring, it is limited, as the species is found mostly on 
protected lands managed by the Commonwealth and Federal agencies. We 
found no indication that the two populations of elfin-woods warbler are 
declining in numbers. We also found that it can thrive in disturbed and 
plantation habitats, and rebounds and recovers well, in a relatively 
short time, from the damaging effects of hurricanes to the forest 
structure. Therefore, the magnitude of threats is moderate to low. 
These threats are not imminent, because most of the range of the elfin-
woods warbler is within protected lands. As a result, we assigned an 
LPN of 11 to this species.

Reptiles

    Northern Mexican Gartersnake (Thamnophis eques megalops)--The 
following summary is based on information contained in our files. The 
northern Mexican gartersnake generally occurs in three types of 
habitat: (1) Ponds and cienegas; (2) lowland river riparian forests and 
woodlands; and (3) upland stream gallery forests. Within the United 
States, the distribution of the northern Mexican gartersnake has been 
reduced by close to 90 percent and it occurs in fragmented populations 
within the middle/upper Verde River drainage, middle/lower Tonto Creek, 
and the upper Santa Cruz River, as well as in a small number of 
isolated wetland habitats in southeastern Arizona; its status in New 
Mexico is uncertain. Within Mexico, the northern Mexican gartersnake is 
distributed along the Sierra Madre Occidental and the Mexican Plateau 
in the Mexican states of Sonora, Chihuahua, Durango, Coahila, 
Zacatecas, Guanajuato, Nayarit, Hidalgo, Jalisco, San Luis 
Potos[iacute], Aguascalientes, Tlaxacala, Puebla, M[eacute]xico, 
Michoac[aacute]n, Oaxaca, Veracruz, and Quer[eacute]taro. The primary 
threat to the northern Mexican gartersnake is competition and predation 
from nonnative species such as sportfish, bullfrogs, and crayfish. 
Degradation and elimination of its habitat and native prey base are 
also significant threats, most notably in areas where nonnative species 
co-occur. Threats, particularly competition and predation by nonnative 
species, are high in magnitude since they result in direct mortality or 
reduced reproductive capacity and may be irreversible in complex 
habitat resulting in a relatively high likelihood of extinction. The 
threats are ongoing and, therefore, imminent. Thus, we retained an LPN 
of 3 for this subspecies.
    Sand dune lizard (Sceloporus arenicolus)--We continue to find that 
listing this species is warranted but precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted 12-month petition finding.
    Eastern massasauga rattlesnake (Sistrurus catenatus catenatus)--The 
following summary is based on information contained in our files. No 
new information was provided in the petition received on May 11, 2004. 
The eastern massasauga is one of three recognized subspecies of 
massasauga. It is a small, thick-bodied rattlesnake that occupies 
shallow wetlands and adjacent upland habitat in portions of Illinois, 
Indiana, Iowa, Michigan, Minnesota, Missouri, New York, Ohio, 
Pennsylvania, Wisconsin, and Ontario.
    Although the current range of S. c. catenatus resembles the 
subspecies' historical range, the geographic distribution has been 
restricted by the loss of the subspecies from much of the area within 
the boundaries of that range. Approximately 40 percent of the counties 
that were historically occupied by S. c. catenatus no longer support 
the subspecies. S. c. catenatus is currently listed as endangered in 
every State and province in which it occurs, except for Michigan where 
it is designated as a species of special concern. Each State and 
Canadian province across the range of S. c. catenatus has lost more 
than 30 percent, and for the majority more than 50 percent, of their 
historical populations. Furthermore, less than 35 percent of the 
remaining populations are considered secure. Approximately 59 percent 
of the remaining S. c. catenatus populations occur wholly or in part on 
public land, and Statewide and/or site-specific Candidate Conservation 
Agreements with Assurances (CCAAs) are currently being developed for 
many of these areas in Iowa, Illinois, Michigan, and Wisconsin. In 
2004, a Candidate Conservation Agreement (CCA) with the Lake County 
Forest Preserve District in Illinois was completed. In 2005, a CCA with 
the Forest Preserve District of Cook County in Illinois was completed. 
In 2006, a CCAA with the Ohio Department of Natural Resources Division 
of Natural Areas and Preserves was completed for Rome State Nature 
Preserve in Ashtabula County. The magnitude of threats is moderate at 
this time. However, populations soon to be under CCAs and CCAAs have a 
low to moderate likelihood of persisting and remaining viable. Other 
populations are likely to suffer additional losses in abundance and 
genetic diversity and some will likely be extirpated unless threats are 
removed in the near future. Declines have continued or may be 
accelerating in several states. Thus, we are monitoring the status of 
this species to determine if a change in listing priority is warranted. 
Furthermore, we are working with several experts and partners in the 
development of an extinction risk model for the subspecies, and the 
results of this work may indicate that a change in listing priority 
number is appropriate. Threats of habitat modification, habitat 
succession, incompatible land management practices, illegal collection 
for the pet trade, and human persecution are ongoing and imminent 
threats to many

[[Page 69246]]

remaining populations, particularly those inhabiting private lands. We 
conclude that emergency listing is not warranted and have kept the LPN 
at 9 for this subspecies.
    Black pine snake (Pituophis melanoleucus lodingi)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
There are historical records for the black pine snake from one parish 
in Louisiana, 14 counties in Mississippi, and 3 counties in Alabama 
west of the Mobile River Delta. Black pine snake surveys and trapping 
indicate that this species has been extirpated from Louisiana and from 
four counties in Mississippi. Moreover, the distribution of remaining 
populations has become highly restricted due to the destruction and 
fragmentation of the remaining longleaf pine habitat within the range 
of the subspecies. Most of the known Mississippi populations are 
concentrated on the DeSoto National Forest. Populations occurring on 
properties managed by State and other governmental agencies as gopher 
tortoise mitigation banks or wildlife sanctuaries represent the best 
opportunities for long-term survival of the subspecies in Alabama. 
Other factors affecting the black pine snake include vehicular 
mortality and low reproductive rates, which magnify the threats from 
destruction and fragmentation of longleaf pine habitat and increase the 
likelihood of local extinctions. Due to the imminent threats of high 
magnitude caused by the past destruction of most of the longleaf pine 
habitat of the black pine snake, and the continuing persistent 
degradation of what remains, we assigned an LPN of 3 to this 
subspecies.
    Louisiana pine snake (Pituophis ruthveni)--The following summary is 
based on information contained in our files and the petition we 
received on July 19, 2000. The Louisiana pine snake historically 
occurred in the fire-maintained longleaf pine ecosystem within west-
central Louisiana and extreme east-central Texas. Most of the 
historical longleaf pine habitat of the Louisiana pine snake has been 
destroyed or degraded due to logging, fire suppression, roadways, 
short-rotation silviculture, and grazing. In the absence of recurrent 
fire, suitable habitat conditions for the Louisiana pine snake and its 
primary prey, the Baird's pocket gopher (Geomys breviceps), are lost 
due to vegetative succession. The loss and fragmentation of the 
longleaf pine ecosystem has resulted in extant Louisiana pine snake 
populations that are isolated and small. Trapping and occurrence data 
indicate the Louisiana pine snake is currently restricted to seven 
disjunct populations; five of the populations occur on federal lands 
and two occur mainly on private industrial timberlands. Currently 
occupied habitat in Louisiana and Texas is estimated to be 
approximately 163,000 acres, with 53 percent occurring on public lands 
and 47 percent in private ownership.
    All remnant Louisiana pine snake populations have been affected by 
habitat loss and all require active habitat management. A Candidate 
Conservation Agreement (CCA) was completed in 2003 to maintain and 
enhance occupied and potential habitat on public lands, and to protect 
known Louisiana pine snake populations. On Federal lands, signatories 
of the Louisiana pine snake CCA currently conduct habitat management 
(i.e., prescribed burning and thinning) that is beneficial to the 
Louisiana pine snake. This proactive habitat management has likely 
slowed or reversed the rate of Louisiana pine snake habitat degradation 
on many portions of federal lands. The largest extant Louisiana pine 
snake population exists on private industrial timberlands. Although two 
conservation areas are managed to benefit Louisiana pine snakes on this 
property, the majority of the intervening occupied habitat is 
threatened by land management activities (habitat conversion to short-
rotation pine plantations) that decrease habitat quality.
    Three of the remnant Louisiana pine snake populations may be 
vulnerable to decreased demographic viability or other factors 
associated with low population sizes and demographic isolation. 
Although these remnant Louisiana pine snake populations are 
intrinsically vulnerable and thus threatened by these factors, it is 
not known if they are presently actually facing these threats. Because 
all extant populations are currently isolated and fragmented by habitat 
loss in the matrix between populations, there is little potential for 
dispersal among remnant populations or for the natural re-colonization 
of vacant habitat patches. Thus, the loss of any remnant population is 
likely to be permanent. Other factors affecting the Louisiana pine 
snake throughout its range include low fecundity, which magnifies other 
threats and increases the likelihood of local extirpations, and 
vehicular mortality, which may significantly affect Louisiana pine 
snake populations.
    While the extent of Louisiana pine snake habitat loss has been 
great in the past and much of the remaining habitat has been degraded, 
habitat loss does not represent an imminent threat, primarily because 
the rate of habitat loss appears to be declining on public lands. 
However, all populations require active habitat management, and the 
lack of adequate habitat remains a threat for several populations. The 
potential threats to a large percentage of extant Louisiana pine snake 
populations, coupled with the likely permanence of these effects and 
the species' low fecundity and low population sizes (based on capture 
rates and occurrence data), lead us to conclude that the threats have 
significant effect on the survival of the species and therefore remain 
high in magnitude. Thus, based on nonimminent, high-magnitude threats, 
we assign a listing priority number of 5 to this species.
    Sonoyta mud turtle (Kinosternon sonoriense longifemorale)--The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. The Sonoyta mud turtle occurs in a spring and pond at 
Quitobaquito Springs on Organ Pipe Cactus National Monument in Arizona, 
and in the Rio Sonoyta and Quitovac Spring of Sonora, Mexico. Loss and 
degradation of stream habitat from water diversion and groundwater 
pumping, along with its very limited distribution, is the primary 
threat to the Sonoyta mud turtle. Sonoyta mud turtles are highly 
aquatic and depend on permanent water for survival. The area of 
southwest Arizona and northern Sonora where the Sonoyta mud turtle 
occurs is one of the driest regions of the southwest. Continuing 
drought, irrigated agriculture, and development in the region, is 
expected to cause surface water in the Rio Sonoyta to dwindle further 
and therefore have a significant impact on the survival of this 
subspecies, which may also be vulnerable to aerial spraying of 
pesticides on nearby agricultural fields. We retained an LPN of 3 for 
this subspecies because threats are of a high magnitude and continue to 
date, and therefore are imminent.

Amphibians

    Columbia spotted frog, Great Basin DPS (Rana luteiventris)--The 
following summary is based on information contained in our files and 
the petition we received on May 1, 1989. Currently, Columbia spotted 
frogs appear to be widely distributed throughout southwestern Idaho, 
southeastern Oregon, northeastern and central Nevada, but local 
populations within this general area appear to be small and isolated 
from each other. Recent work

[[Page 69247]]

by researchers in Idaho and Nevada have documented the loss of 
historically known sites, reduced numbers of individuals within local 
populations, and declines in the reproduction of those individuals. 
Small, highly fragmented populations, characteristic of the majority of 
existing populations of Columbia spotted frogs in the Great Basin, are 
highly susceptible to extinction processes.
    Poor management of Columbia spotted frog habitat--including water 
development, improper grazing, mining activities, and nonnative 
species--has and continues to contribute to the degradation and 
fragmentation of habitat. Emerging fungal diseases such as 
chytridiomycosis and the spread of parasites may be contributing 
factors to Columbia spotted frog population declines throughout 
portions of its range. Effects of climate change, such as drought, and 
stochastic events such as fire often have detrimental effects to small 
isolated populations and can often exacerbate existing threats. A 10-
year Conservation Agreement and Strategy was signed in September 2003 
for both the Northeast and the Toiyabe subpopulations in Nevada. The 
goals of the conservation agreements are to reduce threats to Columbia 
spotted frogs and their habitat to the extent necessary to prevent 
populations from becoming extirpated throughout all or a portion of 
their historical range and to maintain, enhance, and restore a 
sufficient number of populations of Columbia spotted frogs and their 
habitat to ensure their continued existence throughout their historical 
range. Additionally, a Candidate Conservation Agreement with Assurances 
was completed in 2006 for the Owyhee subpopulation at Sam Noble 
Springs, Idaho. Several habitat enhancement projects have been 
conducted throughout their range which have benefitted these 
populations. Based on imminent threats of moderate magnitude, we 
assigned a listing priority number of 9 to this DPS of the Columbia 
spotted frog.
    Mountain yellow-legged frog, Sierra Nevada DPS (Rana muscosa)--The 
following summary is based on information contained in our files and 
the petition received on February 8, 2000. Also see our 12-month 
petition finding published on January 16, 2003 (68 FR 2283) and our 
amended 12-month petition finding published on June 25, 2007 (72 FR 
34657). The mountain yellow-legged frog inhabits the high-elevation 
lakes, ponds, and streams in the Sierra Nevada Mountains of California, 
from near 4,500 feet (ft) (1,370 meters (m)) to 12,000 ft (3,650 m). 
The distribution of the mountain yellow-legged frog is from Butte and 
Plumas Counties in the north to Tulare and Inyo Counties in the south. 
A separate population in southern California is already listed as 
endangered (67 FR 44382). Based on mitochondrial DNA, morphological, 
and acoustic studies, Vredenburg et al. recently recognized two 
distinct species of mountain yellow-legged frog in the Sierra Nevada, 
R. muscosa and R. sierrae. This taxonomic distinction has been recently 
adopted by the American Society of Ichthyologists and Herpetologists, 
the Herpetologists' League, and the Society for the Study of Amphibians 
and Reptiles. The Vredenburg study determined that two species exist, 
as described by Camp, but have different geographical ranges than first 
described. Camp described R. muscosa as only occurring in southern 
California. A recent study determined that R. muscosa also occurs in 
the southern portion of the Sierra Nevada, and R. sierrae occurs both 
in the southern and northern portions of the Sierra Nevada, with no 
range overlap. At this time, we have not adopted this taxonomic 
distinction of two species and continue to recognize mountain yellow-
legged frogs in the Sierra Nevada Mountains of California as R. muscosa 
and as the candidate entity.
    Predation by introduced trout is the best-documented cause of the 
decline of the Sierra Nevada mountain yellow-legged frog, because it 
has been repeatedly observed that fishes and mountain yellow-legged 
frogs rarely co-exist. Mountain yellow-legged frogs and trout (native 
and nonnative) do co-occur at some sites, but these co-occurrences 
probably are mountain yellow-legged frog populations with negative 
population growth rates in the absence of immigration. To help reverse 
the decline of the mountain yellow-legged frog, the Sequoia and Kings 
Canyon National Parks have been removing introduced trout since 2001. 
Over 18,000 introduced trout have been removed from 11 lakes since the 
project started in 2001. The lakes are completely-to-mostly fish-free 
and substantial mountain yellow-legged frog population increases have 
resulted. The California Department of Fish and Game has also removed 
or is in the process of removing nonnative trout from a total of 
between 10 and 20 water bodies in the Inyo, Humboldt-Toiyabe, Sierra, 
and El Dorado National Forests. In the El Dorado National Forest golden 
trout were removed from Leland Lakes, and attempts have been made to 
remove trout from two sites near Gertrude Lake, three lakes in the 
Pyramid Creek watershed, and a tributary of Cole Creek; no data showing 
increase in mountain yellow-legged frogs at these sites is available.
    In California, chytridiomycosis, more commonly known as chytrid 
fungus (Batrachochytrium dendrobatidis) or Bd, has been detected in 
many amphibian species, including the mountain yellow-legged frog 
within the Sierra Nevada. Recent research has shown that this 
pathogenic fungus has become widely distributed throughout the Sierra 
Nevada, and that infected mountain yellow-legged frogs often die soon 
after metamorphosis. Several infected and uninfected populations were 
monitored in Sequoia and Kings Canyon National Parks over multiple 
years, documenting dramatic declines and extirpations in infected but 
not in uninfected populations. In the summer of 2005, 39 of 43 
populations assayed in Yosemite National Park were positive for chytrid 
fungus.
    The current distribution of the Sierra Nevada mountain yellow-
legged frog is restricted primarily to public lands at high elevations, 
including streams, lakes, ponds, and meadow wetlands located on 
national forests, including wilderness and non-wilderness on the 
forests, and national parks. In several areas where detailed studies of 
the effects of chytrid fungus on the mountain yellow-legged frog are 
on-going, substantial declines have been observed over the past several 
years. For example, in 2007 surveys in Yosemite National Park, mountain 
yellow-legged frogs were not detectable at 37 percent of 285 sites 
where they had been observed in 2000-2002; in 2005 in Sequoia and Kings 
Canyon National Parks, mountain yellow-legged frogs were not detected 
at 54 percent of sites where they had been recorded 3 to 8 years 
earlier. A compounding effect of disease-caused extinctions of mountain 
yellow-legged frogs is that recolonization may never occur, because 
streams connecting extirpated sites to extant populations now contain 
introduced fishes, which act as barriers to frog movement within 
metapopulations. The most recent assessment of the species status in 
the Sierra Nevada indicates that mountain-yellow legged frogs occur at 
less than 8 percent of the sites from which they were historically 
observed. A group of prominent scientists further suggest a 10 percent 
decline per year in the number of remaining Rana mucosa populations is 
likely. Based on threats that are imminent (because they are ongoing) 
and high-magnitude (because they significantly affect the survival of 
the DPS throughout its range), we continue

[[Page 69248]]

to assign the population of mountain yellow-legged frog in the Sierra 
Nevada an LPN of 3.
    Oregon spotted frog (Rana pretiosa)--The following summary is based 
on information contained in our files and the petition we received on 
May 4, 1989. Historically, the Oregon spotted frog ranged from British 
Columbia to the Pit River drainage in northeastern California. Based on 
surveys of historical sites, the Oregon spotted frog is now absent from 
at least 76 percent of its former range. The majority of the remaining 
Oregon spotted frog populations are small and isolated.
    The threats to the species' habitat include development, livestock 
grazing, introduction of nonnative plant species, vegetation 
succession, changes in hydrology due to construction of dams and 
alterations to seasonal flooding, lack of management of exotic 
vegetation, predators, and poor water quality. Additional threats to 
the species are predation by nonnative fish and introduced bullfrogs; 
competition with bullfrogs and nonnative fish for habitat; and 
diseases, such as oomycete water mold Saprolegnia and chytrid fungus 
infections. The magnitude of threat is high for this species because 
this wide range of threats to both individuals and their habitats could 
seriously reduce or eliminate any of these isolated populations and 
further reduce the species' range and potential survival. Habitat 
restoration and management actions have not prevented population 
declines. The threats are imminent because each population is faced 
with multiple ongoing and potential threats as identified above. 
Therefore, we retain an LPN of 2 for the Oregon spotted frog.
    Relict leopard frog (Lithobates onca)--The following summary is 
based on information contained in our files and the petition we 
received on May 9, 2002. Natural relict leopard frog populations are 
currently only known to occur in two general areas in Nevada: Near the 
Overton Arm area of Lake Mead and Black Canyon below Lake Mead. These 
two areas comprise a small fraction of the historical distribution of 
the species, which included: springs, streams, and wetlands found 
within the Virgin River drainage downstream from the vicinity of 
Hurricane, Utah; along the Muddy River, Nevada; and along the Colorado 
River from its confluence with the Virgin River downstream to Black 
Canyon below Lake Mead, Nevada and Arizona.
    Suggested factors contributing to the decline of the species 
include alteration of aquatic habitat due to agriculture and water 
development, including regulation of the Colorado River, and the 
introduction of exotic predators and competitors. In 2005, the National 
Park Service, in cooperation with the Service and various other 
Federal, State, and local partners, developed a conservation agreement 
and strategy intended to improve the status of the species through 
prescribed management actions and protection. Conservation actions 
identified for implementation in the agreement and strategy include 
captive rearing of tadpoles for translocation and refugium populations, 
habitat and natural history studies, habitat enhancement, population 
and habitat monitoring, and translocation. New sites within the 
historical range of the species have been successfully established with 
captive-reared frogs. Conservation is proceeding under the agreement 
and strategy; however, additional time is needed to determine whether 
or not the agreement and strategy will be effective in eliminating or 
reducing the threats to the point that the relict leopard frog can be 
removed from candidate status. However, because of these conservation 
efforts, the magnitude of existing threats is low to moderate. These 
threats remain nonimminent since there are no pending projects or 
actions that would adversely affect frog populations or threaten 
surface water associated with known sites occupied by the frog. 
Therefore, we assigned an LPN of 11 to this species.
    Austin blind salamander (Eurycea waterlooensis)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition received on May 11, 2004. The 
Austin blind salamander is known to occur in and around three of the 
four spring sites that comprise the Barton Springs complex in the City 
of Austin, Travis County, Texas. Primary threats to this species are 
degradation of water quality due to expanding urbanization. The Austin 
blind salamander depends on a constant supply of clean water in the 
Edwards Aquifer discharging from Barton Springs for its survival. 
Urbanization dramatically alters the normal hydrologic regime and water 
quality of an area. Increased impervious cover caused by development 
increases the quantity and velocity of runoff that leads to erosion and 
greater pollution transport. Pollutants and contaminants that enter the 
Edwards Aquifer are discharged in salamander habitat at Barton Springs 
and could have serious morphological and physiological effects to the 
salamander.
    The Texas Commission on Environmental Quality adopted the Edwards 
Rules in 1995 and 1997, which require a number of water quality 
protection measures for new development occurring in the recharge and 
contributing zones of the Edwards Aquifer. However, Chapter 245 of the 
Texas Local Government Code permits ``grandfathering'' of State 
regulations. Grandfathering allows developments to be exempted from any 
new local or State requirements for water quality controls and 
impervious cover limits if the developments were planned prior to the 
implementation of such regulations. As a result of the grandfathering 
law, very few developments have followed the Edwards Rules. New 
developments are still obligated to comply with regulations that were 
applicable at the time when project applications for development were 
first filed. In addition, it is significant that even if they were 
followed with every new development, the Edwards Rules do not span the 
entire watershed for Barton Springs. Consequently, development 
occurring outside these jurisdictions can have negative consequences on 
water quality and thus have an impact on the species.
    Water-quality impacts threaten the continued existence of the 
Austin blind salamander by altering physical aquatic habitats and the 
food sources of the salamander. We consider the threats to be imminent 
because urbanization is ongoing and continues to expand over the Barton 
Springs Segment of the Edwards Aquifer and water quality continues to 
degrade. While the City of Austin and many other partners are actively 
working on conservation of the Barton Springs salamander, and the 
Austin blind salamander benefits from all of the ongoing conservation 
actions that are being conducted for the Barton Springs salamander, 
these efforts have not yet been successful in improving water quality. 
In addition, the existence of the species continues to be threatened by 
hazardous chemical spills within the Barton Springs Segment of the 
Edwards Aquifer, which could result in direct mortality. Because the 
Austin blind salamander is known from only three clustered spring sites 
and must rely on clear, clean spring discharges from the Edwards 
Aquifer for its survival, degraded water quality poses a severe threat 
to the entire population, and is therefore a high-magnitude threat. 
Thus, we maintained the LPN of 2 for this species.
    Georgetown salamander (Eurycea naufragia)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition received on May 11, 2004. The Georgetown 
salamander is known from spring outlets along five tributaries to the 
San Gabriel River and

[[Page 69249]]

one cave in the City of Georgetown, Williamson County, Texas. The 
Georgetown salamander has a very limited distribution and depends on a 
constant supply of clean water from the Northern Segment of the Edwards 
Aquifer for its survival.
    Primary threats to this species are degradation of water quality 
due to expanding urbanization. Increased impervious cover by 
development increases the quantity and velocity of runoff that leads to 
erosion and greater pollution transport. Pollutants and contaminants 
that enter the Edwards Aquifer are discharged from spring outlets in 
salamander habitat and have serious morphological and physiological 
effects to individuals of the species.
    The Texas Commission on Environmental Quality adopted the Edwards 
Rules in 1995 and 1997, which require a number of water quality 
protection measures for new development occurring in the recharge and 
contributing zones of the Edwards Aquifer. New developments are still 
obligated to comply with regulations that were applicable at the time 
when project applications were first filed. However, Chapter 245 of the 
Texas Local Government Code permits ``grandfathering'' of state 
regulations. Grandfathering allows developments to be exempted from any 
new local or state requirements for water quality controls and 
impervious cover limits if the developments were planned prior to the 
implementation of such regulations. As a result of the grandfathering 
law, very few developments have followed the Edwards Rules. In 
addition, it is significant that even if they were followed with every 
new development, the Edwards Rules do not span the entire watershed for 
the Edwards Aquifer. The TCEQ has developed voluntary water-quality 
protection measures for development in the Edwards Aquifer region of 
Texas; however, it is unknown if these measures will be implemented 
throughout a large portion of the watershed or if they will be 
effective in maintaining or improving water quality.
    Development occurring outside the TCEQ's jurisdiction can have 
negative consequences on water quality and thus affect the species. 
Water-quality impacts threaten the continued existence of the 
Georgetown salamander by altering physical aquatic habitats and the 
food sources of the salamander. The threats are imminent because 
urbanization is ongoing and continues to expand over the Northern 
Segment of the Edwards Aquifer. However, Williamson County and the 
Williamson County Conservation Foundation are actively working to 
protect habitat and acquire land within the contributing watershed for 
the Georgetown salamander. Also, they are conducting monitoring and 
data collecting activities in an effort that is expected to lead to the 
development of a conservation strategy for this species. These 
conservation actions reduce the magnitude of the threat to the 
Georgetown salamander to a moderate level by reducing the amount of 
development occurring in the portion of the watershed that affects the 
species. Thus, we maintained the LPN of 8 for this species.
    Jollyville Plateau salamander (Eurycea tonkawae)--The following 
summary is based on information gathered during a status review of this 
species (72 FR 71039, December 13, 2007). The Jollyville Plateau 
salamander occurs in the Jollyville Plateau and Brushy Creek areas of 
the Edwards Plateau in Travis and WilliamsonCounties, Texas. This 
species has a limited distribution and depends on a constant supply of 
clean water from the Northern Segment of the Edwards Aquifer for its 
survival. The primary threat to this species is degradation of water 
quality due to expanding urbanization. Increased impervious cover by 
development increases the quantity and velocity of runoff that leads to 
erosion and greater pollution transport. Pollutants and contaminants 
that enter the Edwards Aquifer are discharged from spring outlets in 
salamander habitat and have serious morphological and physiological 
effects on individual of the species.
    The Texas Commission on Environmental Quality adopted the Edwards 
Rules in 1995 and 1997, which require a number of water quality 
protection measures for new development occurring in the recharge and 
contributing zones of the Edwards Aquifer. However, Chapter 245 of the 
Texas Local Government Code permits ``grandfathering'' of state 
regulations. Grandfathering allows developments to be exempted from any 
new local or state requirements for water quality controls and 
impervious cover limits if the developments were planned prior to the 
implementation of such regulations. As a result of the grandfathering 
law, very few developments have followed the Edwards Rules. New 
developments are still obligated to comply with regulations that were 
applicable at the time when project applications for development were 
first filed. In addition, it is significant that even if they were 
followed with every new development, the Edwards Rules do not span the 
entire watershed for the Edwards Aquifer. The TCEQ has developed 
voluntary water quality protection measures for development in the 
Edwards Aquifer region of Texas; however, it is unknown if these 
measures will be implemented throughout a large portion of the 
watershed or if they will be effective in maintaining or improving 
water quality.
    Water-quality impacts threaten the continued existence of the 
Jollyville Plateau salamander by altering physical aquatic habitats and 
the food sources of the salamander, producing negative population 
responses. Such responses have been documented at both the individual 
level (mortalities and deformities) and the population level 
(significant declines in abundance over the last 10 years and 
extirpation at one site). We find the overall negative response by the 
salamander to be at a moderate level because deformities and deaths of 
salamanders have been limited in scope to a few localities and only one 
location may have experienced an extirpation. Otherwise, the current 
range of the salamander changed little from the known historical range. 
Thus, we maintained the LPN of 8 for this species.
    Salado salamander (Eurycea chisholmensis)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. The Salado 
salamander is historically known from two spring sites, Big Boiling 
Springs and Robertson Springs, near Salado, Bell County, Texas. We have 
received only one anecdotal report of a salamander sighting in Big 
Boiling Springs in 2008; prior to that, the salamander had not been 
sighted there since 1991. Texas Parks and Wildlife Department has been 
conducting regular surveys at Robertson Springs since June 2009 and has 
rediscovered the Salado salamander at this site.
    Primary threats to this species are habitat modification and 
degradation of water quality due to expanding urbanization. The Salado 
salamander depends on a constant supply of clean water from the 
Northern Segment of the Edwards Aquifer for its survival. Pollutants 
and contaminants that enter the Edwards Aquifer discharge in salamander 
habitat and have morphological and physiological effects on the 
salamander. We do not know how likely spills are to occur within the 
contributing watersheds of the springs that support this species. 
However, several groundwater incidents have occurred within Salado 
salamander habitat in recent years. The salamander is reasonably 
expected to be vulnerable to catastrophic hazardous materials spills, 
groundwater contamination from

[[Page 69250]]

the Northern Segment of the Edwards Aquifer, and impacts to its surface 
habitat. In addition, Big Boiling Springs is located near Interstate 
Highway 35 and in the center of the Village of Salado. Traffic and 
urbanization is likely to increase the threat of contamination of 
spills, higher levels of impervious cover, and subsequent impacts to 
groundwater. These threats significantly affect the survival of this 
species, and groundwater contamination and impacts to surface habitat 
are ongoing. Moreover, we do not have information that the magnitude or 
imminence of the threats to the species has changed since our previous 
assessment when we concluded there are ongoing, and therefore, imminent 
threats of a high magnitude. Therefore, we maintained the LPN of 2 for 
this species.
    Yosemite toad (Bufo canorus)--The following summary is based on 
information contained in our files and the petition we received on 
April 3, 2000. See also our 12-month petition finding published on 
December 10, 2002 (67 FR 75834). Yosemite toads are moderately sized 
toads, with females having black spots edged with white or cream that 
are set against a grey, tan, or brown background. Males have a nearly 
uniform coloration of yellow-green to olive drab to greenish brown. 
Yosemite toads are most likely to be found in areas with thick meadow 
vegetation or patches of low willows near or in water, and use rodent 
burrows for overwintering and temporary refuge during the summer. 
Breeding habitat includes the edges of wet meadows, slow-flowing 
streams, shallow ponds, and shallow areas of lakes. The historical 
range of Yosemite toads in the Sierra Nevada occurs from the Blue Lakes 
region north of Ebbetts Pass (Alpine County) to south of Kaiser Pass in 
the Evolution Lake/Darwin Canyon area (Fresno County). The historical 
elevational range of Yosemite toads is 1,460 to 3,630 m (4,790 to 
11,910 ft).
    The threats currently facing the Yosemite toad include cattle 
grazing, timber harvesting, recreation, disease, and climate change. 
Inappropriate grazing has been shown to cause loss in vegetative cover 
and destroys peat layers in meadows, which lowers the groundwater table 
and summer flows. This may increase the stranding and mortality of 
tadpoles, or make these areas completely unsuitable for Yosemite toads. 
Grazing can also degrade or destroy moist upland areas used as non-
breeding habitat by Yosemite toads and collapse rodent burrows used by 
Yosemite toads as cover and hibernation sites. Timber harvesting and 
associated road development can severely alter the terrestrial 
environment and result in the reduction and occasional extirpation of 
amphibian populations in the Sierra Nevada. They also create habitat 
gaps that may act as dispersal barriers and contribute to the 
fragmentation of Yosemite toad habitat and populations. Trails (foot, 
horse, bicycle, or off-highway motor vehicle) compact soil in riparian 
habitat, which increases erosion, displaces vegetation, and can lower 
the water table. Trampling or the collapsing of rodent burrows by 
recreationists, pets, and vehicles could lead to direct mortality of 
all life stages of the Yosemite toad and disrupt their behavior. 
Various diseases have been confirmed in Yosemite toads. Mass die-offs 
of amphibians have been attributed to: chytrid fungal infections of 
metamorphs and adults; Saprolegnia fungal infections of eggs; 
iridovirus infection of larvae, metamorphs, or adults; and bacterial 
infections. Yosemite toads probably are exposed to a variety of 
pesticides and other chemicals throughout their range. Environmental 
contaminants could negatively affect the species by causing direct 
mortality; suppressing the immune system; disrupting breeding behavior, 
fertilization, growth or development of young; and disrupting the 
ability to avoid predation.
    There is no indication that any of these threats are ongoing or 
planned and the threats are therefore nonimminent. In addition, since 
there are a number of substantial populations and these threats tend to 
have localized effects, the threats are moderate to low in magnitude. 
In addition, almost all of the species' range occurs on Federal land, 
which protects the species from private development and facilitates 
management of the species by Federal agencies. We therefore retained an 
LPN of 11 for the Yosemite toad.
    Black Warrior waterdog (Necturus alabamensis)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
The Black Warrior waterdog is a salamander that inhabits streams above 
the Fall Line within the Black Warrior River Basin in Alabama. There is 
very little specific locality information available on the historical 
distribution of the Black Warrior waterdog since little attention was 
given to this species between its description in 1937 and the 1980s. At 
that time, there were a total of only 11 known historical records from 
4 Alabama counties. Two of these sites have now been inundated by 
impoundments. Extensive survey work was conducted in the 1990s to look 
for additional populations. As a result of that work, the species was 
documented at 14 sites in 5 counties.
    Water-quality degradation is the biggest threat to the continued 
existence of the Black Warrior waterdog. Most streams that have been 
surveyed for the waterdog showed evidence of pollution and many 
appeared biologically depauperate. Sources of point and nonpoint 
pollution in the Black Warrior River Basin have been numerous and 
widespread. Pollution is generated from inadequately treated effluent 
from industrial plants, sanitary landfills, sewage treatment plants, 
poultry operations, and cattle feedlots. Surface mining represents 
another threat to the biological integrity of waterdog habitat. Runoff 
from old, abandoned coal mines generates pollution through 
acidification, increased mineralization, and sediment loading. The 
North River, Locust Fork, and Mulberry Fork, all streams that this 
species inhabits, are on the Environmental Protection Agency's list of 
impaired waters. An additional threat to the Black Warrior waterdog is 
the creation of large impoundments that have flooded thousands of 
square hectares of its habitat. These impoundments are likely marginal 
or unsuitable habitat for the salamander. Suitable habitat for the 
Black Warrior waterdog is limited and available data indicate extant 
populations are small and their viability is questionable. This 
situation is pervasive and problematic; water quality issues are 
persistent and regulatory mechanisms are not ameliorating these 
threats, though we have no indication of population declines, at 
present. We hope additional surveys may clarify the status of 
populations in face of existing threats. Therefore, the overall 
magnitude of the threat is moderate. Water quality degradation in the 
Black Warrior basin is ongoing; therefore, the threats are imminent. We 
assigned an LPN of 8 to this species.

Fishes

    Headwater chub (Gila nigra)--The following summary is based on 
information contained in our files, the 12-month finding published in 
the Federal Register on May 3, 2006 (71 FR 26007), and in the petition 
received November 9, 2009. The headwater chub is a moderate-sized 
cyprinid fish. The range of the headwater chub has been reduced by 
approximately 60 percent. Seventeen streams (125 miles (200 kilometers) 
of stream) are thought to be occupied out of 27 streams (312 miles (500 
kilometers) of stream) formerly

[[Page 69251]]

occupied in the Gila River Basin in Arizona and New Mexico. All 
remaining populations are fragmented and isolated and threatened by a 
combination of factors.
    Headwater chub are threatened by introduced nonnative fish that 
prey on them and compete with them for food. Habitat destruction and 
modification have occurred and continue to occur as a result of 
dewatering, impoundment, channelization, and channel changes caused by 
alteration of riparian vegetation and watershed degradation from 
mining, grazing, roads, water pollution, urban and suburban 
development, groundwater pumping, and other human actions. Existing 
regulatory mechanisms do not appear to be adequate for addressing the 
impact of nonnative fish and also have not removed or eliminated the 
threats that continue to be posed through habitat destruction or 
modification. The fragmented nature and rarity of existing populations 
makes them vulnerable to other natural or manmade factors, such as 
drought and wildfire. Climate change is predicted to worsen these 
threats though increased aridity of the region, thus reducing stream 
flows and warming aquatic habitats, which makes them more suitable to 
nonnative species.
    The Arizona Game and Fish Department has finalized the Arizona 
Statewide Conservation Agreement for Roundtail Chub (G. robusta), 
Headwater Chub, Flannelmouth Sucker (Catostomus latipinnis), Little 
Colorado River Sucker (Catostomus spp.), Bluehead Sucker (C. 
discobolus), and Zuni Bluehead Sucker (C. discobolus yarrowi). The New 
Mexico Department of Game and Fish recently listed the headwater chub 
as endangered and created a recovery plan for the species: Colorado 
River Basin Chubs (Roundtail Chub, Gila Chub (G. intermedia), and 
Headwater Chub) Recovery Plan, which was approved by the New Mexico 
State Game Commission on November 16, 2006. Both the Arizona Agreement 
and the New Mexico Recovery Plan recommend preservation and enhancement 
of extant populations and restoration of historical headwater-chub 
populations. The recovery and conservation actions prescribed by 
Arizona and New Mexico plans, which we predict will reduce and remove 
threats to this species, will require further discussions and 
authorizations before they can be implemented, although some actions 
have been completed and several are planned for the immediate future. 
Although threats are ongoing, existing information indicates long-term 
persistence and stability of existing populations. Currently 10 of the 
17 extant stream populations are considered stable based on abundance 
and evidence of recruitment. Based on our assessment, threats 
(nonnative species, habitat loss from land uses) remain imminent and 
are of a moderate magnitude. Thus, we have retained an LPN of 8 for 
this species.
    Roundtail Chub (Gila robusta) Lower Colorado River Distinct 
Population Segment--The following summary is based on information 
contained in our files and the 12-month finding published in the 
Federal Register on July 7, 2009 (74 FR 32352). The roundtail chub is a 
moderate to large cyprinid fish. The range of the roundtail chub has 
been reduced by approximately 68 to 82 percent. Thirty-three streams 
are currently occupied, representing approximately 18 to 32 percent of 
the species' former range, or 800 km (500 miles) to 1350 km (840 mi) of 
3050 km (1895 mi) of formerly occupied streams in the Gila River Basin 
in Arizona and New Mexico. Most of the remaining populations are 
fragmented and isolated, and all are threatened by a combination of 
factors.
    Roundtail chub are threatened by introduced nonnative fish that 
prey on them and compete with them for food. Habitat destruction and 
modification have occurred and continue to occur as a result of 
dewatering, impoundment, channelization, and channel changes caused by 
alteration of riparian vegetation and watershed degradation from 
mining, grazing, roads, water pollution, urban and suburban 
development, groundwater pumping, and other human actions. Existing 
regulatory mechanisms do not appear to be adequate for addressing the 
impact of nonnative fish and also have not removed or eliminated the 
threats that continue to be posed through habitat destruction or 
modification. The fragmented nature and rarity of existing populations 
makes them vulnerable to other natural or manmade factors, such as 
drought and wildfire. Climate change is predicted to worsen these 
threats though increased aridity of the region, thus reducing stream 
flows and warming aquatic habitats, which makes them more suitable to 
nonnative species.
    The Arizona Game and Fish Department has finalized the Arizona 
Statewide Conservation Agreement for Roundtail Chub, Headwater Chub (G. 
nigra), Flannelmouth Sucker (Catostomus latipinnis), Little Colorado 
River Sucker (Catostomus spp.), Bluehead Sucker (C. discobolus), and 
Zuni Bluehead Sucker (C. discobolus yarrowi). The New Mexico Department 
of Game and Fish lists the roundtail chub as endangered and has created 
a recovery plan for the species: Colorado River Basin Chubs (Roundtail 
Chub, Gila Chub (G. intermedia), and Headwater Chub) Recovery Plan, 
which was approved by the New Mexico State Game Commission on November 
16, 2006. Both the Arizona Agreement and the New Mexico Recovery Plan 
recommend preservation and enhancement of extant populations and 
restoration of historical roundtail-chub populations. The recovery and 
conservation actions prescribed by Arizona and New Mexico plans, which 
we predict will reduce and remove threats to this species, will require 
further discussions and authorizations before they can be implemented, 
although some actions have been completed and several are planned for 
the immediate future. Although threats are ongoing, existing 
information indicates long-term persistence and stability of existing 
populations. Currently 9 of the 33 extant stream populations are 
considered stable based on abundance and evidence of recruitment. Based 
on our assessment, threats (nonnative species, habitat loss from land 
uses) remain imminent and are of a moderate magnitude. Thus, we have 
retained an LPN of 9 for this distinct population segment.
    Arkansas darter (Etheostoma cragini)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. This fish species 
occurs in Arkansas, Colorado, Kansas, Missouri, and Oklahoma. The 
species is found most often in sand- or pebble-bottomed pools of small, 
spring-fed streams and marshes, with cool water and broad-leaved 
aquatic vegetation. Its current distribution is indicative of a species 
that once was widely dispersed throughout its range, but has been 
relegated to isolated areas surrounded by unsuitable habitat that 
prevents dispersal. Factors influencing the current distribution 
include: Surface and groundwater irrigation resulting in decreased 
flows or stream dewatering; the dewatering of long reaches of riverine 
habitat necessary for species movement when surface flows do occur; 
conversion of prairie to cropland which influences groundwater recharge 
and spring flows; water quality degradation from a variety of sources; 
and the construction of dams which act as barriers preventing 
emigration upstream and downstream through the reservoir pool. The 
magnitude of threats facing

[[Page 69252]]

this species is moderate to low, given the number of different 
locations where the species occurs and the fact that no single threat 
or combination of threats affects more than a portion of the widespread 
population occurrences. Overall, the threats are nonimminent since 
groundwater pumping is declining and development, spills, and runoff 
are not currently affecting the species rangewide. Thus, we are 
retaining an LPN of 11 for the Arkansas darter.
    Pearl darter (Percina aurora)--The following summary is based on 
information contained in our files. Little is known about the specific 
habitat requirements or natural history of the Pearl darter, a small 
fish in the Percidae family. Pearl darters have been collected from a 
variety of river/stream attributes, mainly over gravel bottom 
substrate. This species is historically known only from localized sites 
within the Pascagoula and Pearl River drainages in two states. 
Currently, the Pearl darter is considered extirpated from the Pearl 
River drainage and rare in the Pascagoula River drainage. Since 1983, 
the range of the Pearl darter has decreased by 55 percent.
    The Pearl darter is vulnerable to non-point-source pollution caused 
by urbanization and other land use activities; gravel mining and 
resultant changes in river geomorphology, especially head cutting; and 
the possibility of water quantity decline from the proposed Department 
of Energy Strategic Petroleum Reserve project and a proposed dam on the 
Bouie River. Additional threats are posed by the apparent lack of 
adequate State and Federal water quality regulations due to the 
continuing degradation of water quality within the species' habitat. 
The Pearl darter's localized distribution and apparent low population 
numbers may indicate a species with lower genetic diversity which would 
also make this species more vulnerable to catastrophic events. Threats 
affecting the Pearl darter are localized in nature, affecting portions 
of the population within the drainage, thus, we assigned a threat 
magnitude of moderate to low for this species. In addition, the threats 
are imminent since the identified threats are currently impacting this 
species in some portions of its range. Therefore, we have assigned a 
listing priority number of 8 for this species.
    Grotto sculpin (Cottus sp., sp. nov.)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. The Grotto 
sculpin, a small fish, is restricted to two karst areas (limestone 
regions characterized by sink holes, abrupt ridges, caves, and 
underground streams), the Central Perryville Karst and Mystery-Rimstone 
Karst in Perry County, southeast Missouri. Grotto sculpins have been 
documented in only five cave systems (Burr et al. 2001, p. 284). The 
current overall range of the grotto sculpin has been estimated to 
encompass approximately 260 square kilometers (100 square miles).
    The small population size and endemism of the grotto sculpin make 
it vulnerable to extinction due to genetic drift, inbreeding 
depression, and random or chance changes to the environment (Smith 
1974, p. 350). The species' karst habitat is located down-gradient of 
the city of Perryville, Missouri, which poses a potential threat if 
contaminants from this urban area enter cave streams occupied by grotto 
sculpins. Various agricultural chemicals, such as ammonia, nitrite/
nitrate, acetochlor, dieldrin, and atrazine have been detected at 
levels high enough to be detrimental to aquatic life within the 
Perryville Karst area. Many of the sinkholes in Perry County contain 
anthropogenic refuse, ranging from household cleansers and sewage to 
used pesticide and herbicide containers. As a result, potential water 
contamination from various sources of point and non-point pollution 
poses a significant threat to the grotto sculpin. Of the five cave 
systems documented to have grotto sculpins, populations in two cave 
systems have had fish kills in recent times. Predatory fish such as 
common carp, fat-head minnow, yellow bullhead, green sunfish, bluegill, 
and channel catfish occur in all of the caves occupied by grotto 
sculpin. These potential predators may escape surface farm ponds that 
unexpectedly drain through sinkholes into the underground cave systems 
and enter Grotto sculpin habitat. No regulatory mechanisms are in place 
that would provide protection to the grotto sculpin. Current threats to 
the habitat of the grotto sculpin may exacerbate potential problems 
associated with its low population numbers and increase the likelihood 
of extinction. Due to the high magnitude of ongoing, and thus imminent, 
threats we assigned this species an LPN of 2.
    Sharpnose shiner (Notropis oxyrhynchus)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. The sharpnose 
shiner is a small, slender minnow, endemic to the Brazos River Basin in 
Texas. Historically, the sharpnose shiner existed throughout the Brazos 
River and several of its major tributaries. It has also been found in 
the Wichita River (within the Red River Basin), where it may have once 
naturally occurred but has since been extirpated. Current information 
indicates that the population upstream of Possum Kingdom Reservoir is 
apparently stable, while the population downstream of the reservoir may 
be extirpated, representing a reduction of approximately 69 percent of 
its historical range.
    The most significant threat to the existence of the sharpnose 
shiner is potential reservoir development within its current range. The 
current water plan for Texas provides several reservoir options that 
could be implemented within the Brazos River drainage. Additional 
threats include irrigation and water diversion, sedimentation, 
desalination, industrial and municipal discharges, agricultural 
activities, in-stream sand and gravel mining, and the spread of 
invasive saltcedar. The current limited distribution of the sharpnose 
shiner within the Upper Brazos River Basin makes it vulnerable to 
catastrophic events such as the introduction of competitive species or 
prolonged drought. State law does not provide protection for the 
sharpnose shiner. The magnitude of threat is considered high since 
reservoir development within the species' current range may render 
remaining habitat unsuitable. The threats are nonimminent because the 
most significant threat--major reservoir projects--is not likely to 
occur in the near future, and there is potential for implementing other 
water-supply options that could preclude reservoir development. For 
these reasons, we assigned an LPN of 5 to this species.
    Smalleye shiner (Notropis buccula)--The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on May 11, 2004. The smalleye shiner is a 
small, pallid minnow endemic to the Brazos River Basin in Texas. The 
population of smalleye shiners within the Upper Brazos River drainage 
(upstream of Possum Kingdom Reservoir) is apparently stable. However, 
the shiner may be extirpated downstream from the reservoir, 
representing a reduction of approximately 54 percent of its historical 
range.
    The most significant threat to the existence of the smalleye shiner 
is potential reservoir development within its current range. The 
current water plan for Texas provides several reservoir options that 
could be implemented within the Brazos River drainage. Additional 
threats include irrigation

[[Page 69253]]

and water diversion, sedimentation, desalination, industrial and 
municipal discharges, agricultural activities, in-stream sand and 
gravel mining, and the spread of invasive saltcedar. The current 
limited distribution of the smalleye shiner within the Upper Brazos 
River drainage makes it vulnerable to catastrophic events such as the 
introduction of competitive species or prolonged drought. State law 
does not provide protection for the smalleye shiner. The magnitude of 
threat is high since the major threat of reservoir development within 
the species' current range may render its remaining habitat unsuitable. 
The threats are nonimminent because major reservoir projects are not 
likely to occur in the near future and there is potential for 
implementing other water-supply options that could preclude reservoir 
development. For these reasons, we assigned a LPN of 5 to this species.
    Zuni bluehead sucker (Catostomus discobolus yarrowi)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
The Zuni bluehead sucker is a colorful fish less than 8 inches long. 
The range of the Zuni bluehead sucker has been reduced by over 95 
percent. The Zuni bluehead sucker currently occupies 3 river miles (4.8 
kilometers) in three headwater streams of the Rio Nutria in New Mexico, 
and potentially occurs in 27.5 miles in (44 kilometers) the Kinlichee 
drainage of Arizona. However, the number of occupied miles in Arizona 
is unknown and the genetic composition of these fish is still under 
investigation.
    Zuni bluehead sucker range reduction and fragmentation is caused by 
discontinuous surface-water flow, introduced species, and habitat 
degradation from fine sediment deposition. Zuni bluehead sucker persist 
in very small creeks that are subject to very low flows and drying 
during periods of drought. Because of climate change (warmer air 
temperatures), stream flow is predicted to decrease in the Southwest, 
even if precipitation were to increase moderately. Warmer winter and 
spring temperatures cause an increased fraction of precipitation to 
fall as rain, resulting in a reduced snow pack, an earlier snow melt, 
and a longer dry season leading to decreased stream flow in the summer 
and a longer fire season. These changes would have a negative effect on 
Zuni bluehead sucker. Another major impact to populations of Zuni 
bluehead sucker was the application of fish toxicants through at least 
two dozen treatments in the Nutria and Pescado rivers between 1960 and 
1975. Large numbers of Zuni bluehead suckers were killed during these 
treatments. The Zuni bluehead sucker is most likely extirpated from Rio 
Pescado as none have been collected from that river since 1993.
    The New Mexico Department of Game and Fish developed a recovery 
plan for Zuni bluehead sucker which was approved by the New Mexico 
State Game Commission on December 15, 2004. The recovery plan 
recommends preservation and enhancement of extant populations and 
restoration of historical Zuni bluehead sucker populations. We predict 
that the recovery actions prescribed by the recovery plan will reduce 
and remove threats to this subspecies, but they will require further 
discussions and authorizations before they can be implemented and 
threats are reduced. Because of the ongoing threats of high magnitude, 
including loss of habitat (historical and current from beaver 
activity), degradation of remaining habitat (nonnative species and land 
development), drought, fire, and climate change, we maintained an LPN 
of 3 for this subspecies.
    Rio Grande cutthroat trout (Oncorhynchus clarki virginalis)--The 
following summary is based on information contained in our files and 
our status review published on May 14, 2008 (73 FR 27900). Rio Grande 
cutthroat trout is one of 14 subspecies of cutthroat trout found in the 
western United States. Populations of this subspecies are in New Mexico 
and Colorado in drainages of the Rio Grande, Pecos, and Canadian 
Rivers. Although once widely distributed in connected stream networks, 
Rio Grande cutthroat trout populations now occupy about 10 percent of 
historical habitat, and the populations are fragmented and isolated 
from one another. The majority of populations occur in high elevation 
streams.
    Major threats include the loss of suitable habitat that has 
occurred and is likely to continue occurring due to water diversions, 
dams, stream drying, habitat quality degradation, and changes in 
hydrology, introduction of nonnative trout and ensuing competition, 
predation, and hybridization, and whirling disease. In addition, 
average air temperatures in the southwest have increased about 1 [deg]C 
(2.5 [deg]F) in the past 30 years, and they are projected to increase 
by another 1.2 to 2.8 [deg]C (3 to 7 [deg]F) by 2050. Because trout 
require cold water, and water temperatures depend in large part on air 
temperature, there is concern that the habitat of Rio Grande cutthroat 
trout will further decrease in response to warmer water temperatures 
caused by climate change. Wildfire and drought (stream drying) are 
additional threats to Rio Grande cutthroat trout populations that are 
likely to increase in magnitude in response to climate change. Research 
is occurring to assess the effects of climate change on this 
subspecies, and agencies are working to restore historically occupied 
streams. The threats are of moderate magnitude because there is good 
distribution and a comparatively large number of populations across the 
landscape, some populations have few threats present, and in other 
areas management actions are being taken to help control the threat of 
nonnative trout. Overall, the threats are ongoing and, therefore, 
imminent. Based on imminent threats of moderate magnitude, we assigned 
an LPN of 9 to this subspecies.

Clams

    Texas hornshell (Popenaias popei)--The following summary is based 
on information contained in our files and information provided by the 
New Mexico Department of Game and Fish and Texas Parks and Wildlife 
Department. No new information was provided in the petition received on 
May 11, 2004. The Texas hornshell is a freshwater mussel found in the 
Black River in New Mexico, and the Rio Grande and the Devils River in 
Texas. Until March 2008, the only known extant populations were in New 
Mexico's Black River and one locality in the Rio Grande near Laredo, 
Texas. In March 2008, two new localities were confirmed in Texas--one 
in the Devils River and one in the mainstem Rio Grande in the Rio 
Grande Wild and Scenic River segment downstream of Big Bend National 
Park.
    The primary threats to this species are habitat alterations such as 
stream bank channelization, impoundments, and diversions for 
agriculture and flood control; contamination of water by oil and gas 
activity; alterations in the natural riverine hydrology; and increased 
sedimentation and flood pulses from prolonged overgrazing and loss of 
native vegetation. Although riverine habitats throughout the species' 
known occupied range are under constant threat from these ongoing or 
potential activities, numerous conservation actions that will benefit 
the species are under way in New Mexico, including the completion of a 
State recovery plan for the species and the drafting of a Candidate 
Conservation Agreement with Assurances, and are beginning in Texas on 
the Big Bend reach of the Rio Grande. Due to these ongoing conservation 
efforts, the

[[Page 69254]]

magnitude of the threats is moderate. However, the threats to the 
species are ongoing, and remain imminent. Thus, we maintained the LPN 
of 8 for this species.
    Fluted kidneyshell (Ptychobranchus subtentum)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
The fluted kidneyshell is a freshwater mussel (Unionidae) endemic to 
the Cumberland and Tennessee River systems (Cumberlandian Region) in 
Alabama, Kentucky, Tennessee, and Virginia. It requires shoal habitats 
in free-flowing rivers to survive and successfully recruit new 
individuals into its populations.
    This species has been extirpated from numerous regional streams and 
is no longer found in the State of Alabama. Habitat destruction and 
alteration (e.g., impoundments, sedimentation, and pollutants) are the 
chief factors that contributed to its decline. The fluted kidneyshell 
was historically known from at least 37 streams but is currently 
restricted to no more than 12 isolated populations. Current status 
information for most of the 12 populations deemed to be extant is 
available from recent periodic sampling efforts (sometimes annually) 
and other field studies, particularly in the upper Tennessee River 
system. Some populations in the Cumberland River system have had recent 
surveys as well (e.g., Wolf, Little Rivers; Little South Fork; Horse 
Lick, Buck Creeks). Populations in Buck Creek, Little South Fork, Horse 
Lick Creek, Powell River, and North Fork Holston River have clearly 
declined over the past two decades. Based on recent information, the 
overall population of the fluted kidneyshell is declining rangewide. At 
this time, the species remains in large numbers and is viable in just 
the Clinch River/Copper Creek, although smaller, viable populations 
remain (e.g., Wolf, Little, North Fork Holston Rivers; Rock Creek). 
Most other populations are of questionable or limited viability, with 
some on the verge of extirpation (e.g., Powell River; Little South 
Fork; Horse Lick, Buck, Indian Creeks). We hope that newly reintroduced 
populations in the Little Tennessee, Nolichucky, and Duck Rivers will 
begin to reverse the downward population trend of this species. The 
threats are high in magnitude, since the majority of populations of 
this species are severely affected by numerous threats (impoundments, 
sedimentation, small population size, isolation of populations, gravel 
mining, municipal pollutants, agricultural runoff, nutrient enrichment, 
and coal processing pollution) which result in mortality or reduced 
reproductive output. Since the threats are ongoing, they are imminent. 
We assigned an LPN of 2 to this mussel species.
    Neosho mucket (Lampsilis rafinesqueana)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. The Neosho mucket 
is a freshwater mussel native to Arkansas, Kansas, Missouri, and 
Oklahoma. The species has been extirpated from approximately 62 percent 
(835 river miles (1,334 river kilometers)) of its range. Most of this 
decline has occurred in Kansas and Oklahoma. The Neosho mucket survives 
in four river drainages; however, only one of these, the Spring River, 
currently supports a relatively large population.
    Significant portions of the historic range have been inundated by 
the construction of at least 11 dams. Channel instability downstream of 
these dams has further reduced suitable habitat and mussel 
distribution. Range restriction and population declines have occurred 
due to habitat degradation attributed to urbanization, impoundments, 
mining, sedimentation, and agricultural pollutants. Rapid development 
and urbanization in the Illinois River watershed will likely continue 
to increase channel instability, sedimentation, and eutrophication. The 
recent rapid decline of the entire mussel community in the Arkansas 
portion of the Illinois River, including Neosho mucket, is alarming, 
and it is possible the species will be extirpated from approximately 30 
river miles (48 river kilometers) in the very near future. The Illinois 
River once represented one of the two viable populations, but continued 
viability of this stream population is doubtful and extirpation is 
imminent. The remaining extant populations are vulnerable to random 
catastrophic events (e.g., flood scour, drought, toxic spills), land 
use changes within the limited range, and genetic isolation and the 
deleterious effects of inbreeding. These threats have led to the 
species being intrinsically vulnerable to extirpation. Although state 
regulations limit harvest of this species, there is little protection 
for habitat. The threats are high in magnitude as they occur throughout 
the range of this species, and the majority of these threats are 
ongoing and imminent. Thus, we assigned a listing priority number of 2 
to this species.
    Alabama pearlshell (Margaritifera marrianae)--We continue to find 
that listing this species is warranted but precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted 12-month petition finding.
    Slabside pearlymussel (Lexingtonia dolabelloides)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
The slabside pearlymussel is a freshwater mussel (Unionidae) endemic to 
the Cumberland and Tennessee River systems (Cumberlandian Region) in 
Alabama, Kentucky, Tennessee, and Virginia. It requires shoal habitats 
in free-flowing rivers to survive and successfully recruit new 
individuals into its populations.
    Habitat destruction and alteration (e.g., impoundments, 
sedimentation, and pollutants) are the chief factors contributing to 
the decline of this species, which has been extirpated from numerous 
regional streams and is no longer found in Kentucky. The slabside 
pearlymussel was historically known from at least 32 streams, but is 
currently restricted to no more than 10 isolated stream segments. 
Current status information for most of the 10 populations deemed to be 
extant is available from recent periodic sampling efforts (sometimes 
annually) and other field studies. Comprehensive surveys have taken 
place in the Middle and North Forks Holston River, Paint Rock River, 
and Duck River in the past several years. Based on recent information, 
the overall population of the slabside pearlymussel is declining 
rangewide. Of the five streams in which the species remains in good 
numbers (e.g., Clinch, North and Middle Forks Holston, Paint Rock, Duck 
Rivers), the Middle and upper North Fork Holston Rivers have undergone 
drastic recent declines, while the Clinch population has been in a 
longer-term decline. Most of the remaining five populations (e.g., 
Powell River, Big Moccasin Creek, Hiwassee River, Elk River, Bear 
Creek) have doubtful viability, and several if not all of them may be 
on the verge of extirpation.
    The threats remain high in magnitude, since all populations of this 
species are severely affected in numerous ways (impoundments, 
sedimentation, small population size, isolation of populations, gravel 
mining, municipal pollutants, agricultural runoff, nutrient enrichment, 
and coal processing pollution) which result in mortality or reduced 
reproductive output leading to a relatively high likelihood of 
extinction. We assigned an LPN of 2 to this mussel species.

[[Page 69255]]

Snails

    Phantom Cave snail (Cochliopa texana) and Phantom springsnail 
(Tryonia cheatumi)--The following summary is based on information 
contained in our files. No new information was provided in the petition 
we received on May 11, 2004. Phantom Cave snail and Phantom springsnail 
are small aquatic snails that occur in three spring outflows in the 
Toyah Basin in Reeves and Jeff Davis Counties, Texas.
    The primary threat to both species is the loss of surface flows due 
to declining groundwater levels from drought, pumping for agricultural 
production, and potentially climate change. Much of the land 
immediately surrounding their spring habitat is owned and managed by 
The Nature Conservancy, Bureau of Reclamation, and Texas Parks and 
Wildlife Department. However, the water needed to maintain their 
habitat has declined due to a reduction in spring flows, possibly as a 
result of private groundwater pumping in areas beyond that controlled 
by these landowners. As an example, Phantom Lake Spring, one of the 
sites of occurrence, has already ceased flowing and aquatic habitat is 
artificially supported only by a pumping system. The magnitude of the 
threats is high because spring flow loss would result in complete 
habitat destruction and permanent elimination of all populations of the 
species. The immediacy of the threats is imminent, as evidenced by the 
drastic decline in spring flow at Phantom Lake Spring that is currently 
happening and may extirpate these populations in the near future. 
Declining spring flows in San Solomon Spring are also becoming evident 
and will affect that spring site as well within the foreseeable future. 
Thus, we maintained the LPN of 2 for both species.
    Sisi snail (Ostodes strigatus)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. The sisi snail is a ground-
dwelling species in the Potaridae family, and is endemic to American 
Samoa. The species is now known from a single population on the island 
of Tutuila, American Samoa.
    This species is currently threatened by habitat loss and 
modification and by predation from nonnative predatory snails. The 
decline of the sisi in American Samoa has resulted, in part, from loss 
of habitat to forestry and agriculture and loss of forest structure to 
hurricanes and alien weeds that establish after these storms. All live 
sisi snails have been found in the leaf litter beneath remaining intact 
forest canopy. No snails were found in areas bordering agricultural 
plots or in forest areas that were severely damaged by three hurricanes 
(1987, 1990, and 1991). Under natural historical conditions, loss of 
forest canopy to storms did not pose a great threat to the long-term 
survival of these snails; enough intact forest with healthy populations 
of snails would support dispersal back into newly regrown canopy 
forest. However, the presence of alien weeds such as mile-a-minute vine 
(Mikania micrantha) may reduce the likelihood that native forest will 
re-establish in areas damaged by the hurricanes. This loss of habitat 
to storms is greatly exacerbated by expanding agriculture. Agricultural 
plots on Tutuila have spread from low elevation up to middle and some 
high elevations, greatly reducing the forest area and thus reducing the 
resilience of native forests and its populations of native snails. 
These reductions also increase the likelihood that future storms will 
lead to the extinction of populations or species that rely on the 
remaining canopy forest. In an effort to eradicate the giant African 
snail (Achatina fulica), the alien rosy carnivore snail (Euglandia 
rosea) was introduced in 1980. The rosy carnivore snail has spread 
throughout the main island of Tutuila. Numerous studies show that the 
rosy carnivore snail feeds on endemic island snails including the sisi, 
and is a major agent in their declines and extirpations. At present, 
the major threat to long-term survival of the native snail fauna in 
American Samoa is predation by nonnative predatory snails. These 
threats are ongoing and are therefore imminent. Since the threats occur 
throughout the entire range of the species, have a severe effect on the 
survival of the snails, leading to a relatively high likelihood of 
extinction, they are of a high magnitude. Therefore we assigned this 
species an LPN of 2.
    Diamond Y Spring snail (Pseudotryonia adamantina) and Gonzales 
springsnail (Tryonia circumstriata)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Diamond Y Spring snail and 
Gonzales springsnail are small aquatic snails endemic to Diamond Y 
Spring in Pecos County, Texas. The land surrounding the spring and its 
outflow channels are owned and managed by The Nature Conservancy.
    These snails are primarily threatened with habitat loss due to 
springflow declines from drought, pumping of groundwater, and 
potentially of climate change. Additional threats include water 
contamination from accidental releases of petroleum products, as their 
habitat is in an active oil and gas field. Also, a nonnative aquatic 
snail (Melanoides sp.) was introduced into the native snails' habitat 
and may compete with endemic snails for space and resources. The 
magnitude of threats is high because limited distribution of these 
narrow endemics makes any impact from increasing threats (e.g., loss of 
springflow, contaminants, and nonnative species) likely to result in 
the extinction of the species. These species occur in one location in 
an arid region currently plagued by drought and ongoing aquifer 
withdrawals, making the eventual loss of spring flow an imminent threat 
of total habitat loss. Thus, we maintained the LPN of 2 for both 
species.
    Fragile tree snail (Samoana fragilis)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. A tree-dwelling 
species, the fragile tree snail is a member of the Partulidae family of 
snails, and is endemic to the islands of Guam and Rota (Mariana 
Islands). Requiring cool and shaded native forest habitat, the species 
is now known from one population on Guam and from one population on 
Rota.
    This species is currently threatened by habitat loss and 
modification and by predation from nonnative predatory snails and 
flatworms. Large numbers of Philippine deer (Cervus mariannus) (Guam 
and Rota), pigs (Sus scrofra) (Guam), water buffalo (Bubalus bubalis) 
(Guam), and cattle (Bos taurus) (Rota) directly alter the understory 
plant community and overall forest microclimate, making it unsuitable 
for snails. Predation by the alien rosy carnivore snail (Euglandina 
rosea) and the Manokwar flatworm (Platydemus manokwari) is a serious 
threat to the survival of the fragile tree snail. Field observations 
have established that the rosy carnivore snail and the Manokwar 
flatworm will readily feed on native Pacific island tree snails, 
including the Partulidae, such as those of the Mariana Islands. The 
rosy carnivore snail has caused the extirpation of many populations and 
species of native snails throughout the Pacific islands. The Manokwar 
flatworm has also contributed to the decline of native tree snails, in 
part due to its ability to ascend into trees and bushes that support 
native snails. Areas with populations of the flatworm usually lack 
partulid tree snails or have declining numbers of

[[Page 69256]]

snails. Because all of the threats occur rangewide, have a significant 
effect on the survival of this snail species, leading to a relatively 
high likelihood of extinction, they are high in magnitude. The threats 
are also ongoing and thus are imminent. Therefore, we assigned this 
species an LPN of 2.
    Guam tree snail (Partula radiolata)--The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on May 11, 2004. A tree-dwelling species, 
the Guam tree snail is a member of the Partulidae family of snails and 
is endemic to the island of Guam. Requiring cool and shaded native 
forest habitat, the species is now known from 22 populations on Guam.
    This species is primarily threatened by predation from nonnative 
predatory snails and flatworms. In addition, the species is also 
threatened by habitat loss and degradation. Predation by the alien rosy 
carnivore snail (Euglandina rosea) and the alien Manokwar flatworm 
(Platydemus manokwari) is a serious threat to the survival of the Guam 
tree snail (see summary for the fragile tree snail, above). On Guam, 
open agricultural fields and other areas prone to erosion were seeded 
with tangantangan (Leucaena leucocephala) by the U.S. Military. 
Tangantangan grows as a single species stand with no substantial 
understory. The microclimatic condition is dry with little accumulation 
of leaf litter humus and is particularly unsuitable as Guam tree snail 
habitat. In addition, native forest cannot reestablish and grow where 
this alien weed has become established. Because all of the threats 
occur rangewide, have a significant effect on the survival of this 
snail species, leading to a relatively high likelihood of extinction, 
they are high in magnitude. The threats are also ongoing and thus are 
imminent. Therefore, we assigned this species an LPN of 2.
    Humped tree snail (Partula gibba)--The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on May 11, 2004. A tree-dwelling species, 
the humped tree snail is a member of the Partulidae family of snails, 
and was originally known from the island of Guam and the Commonwealth 
of the Northern Mariana Islands (islands of Rota, Aguiguan, Tinian, 
Saipan, Anatahan, Sarigan, Alamagan, and Pagan). Most recent surveys 
revealed a total of 13 populations on the islands of Guam, Rota, 
Aguiguan, Sarigan, Saipan, Alamagan, and Pagan. Although still the most 
widely distributed tree snail endemic in the Mariana Islands, remaining 
population sizes are often small.
    This species is currently threatened by habitat loss and 
modification and by predation from nonnative predatory snails and flat 
worms. Throughout the Mariana Islands, feral ungulates (pigs (Sus 
scrofa), Philippine deer (Cervus mariannus), cattle (Bos taurus), water 
buffalo (Bubalus bubalis), and goats (Capra hircus)) have caused severe 
damage to native forest vegetation by browsing directly on plants, 
causing erosion, and retarding forest growth and regeneration. This in 
turn reduces the quantity and quality of forested habitat for the 
humped tree snail. Currently, populations of feral ungulates are found 
on the islands of Guam (deer, pigs, and water buffalo), Rota (deer and 
cattle), Aguiguan (goats), Saipan (deer, pigs, and cattle), Alamagan 
(goats, pigs, and cattle), and Pagan (cattle, goats, and pigs). Goats 
were eradicated from Sarigan in 1998 and the humped tree snail has 
increased in abundance on that island, likely in response to the 
removal of all the goats. However, the population of humped tree snails 
on Anatahan is likely extirpated due to the massive volcanic explosions 
of the island beginning in 2003 and still continuing, and the resulting 
loss of up to 95 percent of the vegetation on the island. Predation by 
the alien rosy carnivore snail (Euglandina rosea) and the alien 
Manokwar flatworm (Platydemus manokwari) is a serious threat to the 
survival of the humped tree snail (see summary for the fragile tree 
snail, above). The magnitude of threats is high because these alien 
predators cause significant population declines to the humped tree 
snail rangewide. These threats are ongoing and thus are imminent. 
Therefore, we assigned this species an LPN of 2.
    Lanai tree snail (Partulina semicarinata)--We continue to find that 
listing this species is warranted but precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Lanai tree snail (Partulina variabilis)--We continue to find that 
listing this species is warranted but precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Langford's tree snail (Partula langfordi)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. A tree-dwelling 
species, Langford's tree snail is a member of the Partulidae family of 
snails, and is known from one population on the island of Aguiguan.
    This species is currently threatened by habitat loss and 
modification and by predation from nonnative predatory snails. In the 
1930s, the island of Aguiguan was mostly cleared of native forest to 
support sugar cane and pineapple production. The abandoned fields and 
airstrip are now overgrown with alien weeds. The remaining native 
forest understory has greatly suffered from large and uncontrolled 
populations of alien goats and the invasion of weeds. Goats (Capra 
hircus) have caused severe damage to native forest vegetation by 
browsing directly on plants, causing erosion, and retarding forest 
growth and regeneration. This in turn reduces the quantity and quality 
of forested habitat for Langford's tree snail. Predation by the alien 
rosy carnivore snail (Euglandina rosea) and by the Manokwar flatworm 
(Platydemus manokwari) (see summary for the fragile tree snail, above) 
is also a serious threat to the survival of Langford's tree snail. All 
of the threats are occurring rangewide and no efforts to control or 
eradicate the nonnative predatory snail species or to reduce habitat 
loss are being undertaken. The magnitude of threats is high because 
they result in direct mortality or significant population declines to 
Langford's tree snail rangewide. A survey of Aguiguan in November 2006 
failed to find any live Langford's tree snails. These threats are also 
ongoing and thus are imminent. Therefore, we assigned this species an 
LPN of 2.
    Newcomb's tree snail (Newcombia cumingi)--We continue to find that 
listing this species is warranted but precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Tutuila tree snail (Eua zebrina)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. A tree-dwelling species, the 
Tutuila tree snail is a member of the Partulidae family of snails, and 
is endemic to American Samoa. The species is known from 32 populations 
on the islands of Tutuila, Nuusetoga, and Ofu.
    This species is currently threatened by habitat loss and 
modification and by predation from nonnative predatory

[[Page 69257]]

snails and rats. All live Tutuila tree snails were found on understory 
vegetation beneath remaining intact forest canopy. No snails were found 
in areas bordering agricultural plots or in forest areas that were 
severely damaged by three hurricanes (1987, 1990, and 1991). (See 
summary for the sisi snail, above, regarding impacts of alien weeds and 
of the rosy carnivore snail.) Rats (Rattus spp) have also been shown to 
devastate snail populations, and rat-chewed snail shells have been 
found at sites where the Tutuila snail occurs. At present, the major 
threat to the long-term survival of the native snail fauna in American 
Samoa is predation by nonnative predatory snails and rats. The 
magnitude of threats is high because they result in direct mortality or 
significant population declines to the Tutuila tree snail rangewide. 
The threats are also ongoing and thus are imminent. Therefore, we 
assigned this species an LPN of 2.
    Chupadera springsnail (Pyrgulopsis chupaderae)--We continue to find 
that listing this species is warranted but precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Elongate mud meadows springsnail (Pyrgulopsis notidicola)--The 
following summary is based on information contained in our files. No 
new information was provided in the petition received on May 11, 2004. 
Pyrgulopsis notidicola is endemic to Soldier Meadow, which is located 
at the northern extreme of the western arm of the Black Rock Desert in 
the transition zone between the Basin and Range Physiographic Province 
and the Columbia Plateau Province, Humboldt County, Nevada. The type 
locality, and the only known location of the species, occurs in four 
separate stretches of thermal (between 45[deg] and 32[deg] Celsius, 
113[deg] and 90[deg] Fahrenheit) aquatic habitat. The first stretch is 
the largest at approximately 600 m (1,968 ft) long and 2 m (6.7 ft) 
wide. The other stretches where P. notidicola occurs are less than 6 m 
(19.7 ft) long and 0.5 m (1.6 ft) wide. Pyrgulopsis notidicola occurs 
only in shallow, flowing water on gravel substrate. The species does 
not occur in deep water (i.e., impoundments) where water velocity is 
low, gravel substrate is absent, and sediment levels are high.
    The species and its habitat are threatened by recreational use in 
the areas where it occurs as well as the ongoing impacts of past water 
diversions and livestock grazing and current off-highway vehicle 
travel. Conservation measures implemented by the Bureau of Land 
Management include the installation of fencing to exclude livestock, 
wild horses, burros and other large mammals; closing of access roads to 
spring, riparian, and wetland areas and the limiting of vehicles to 
designated routes; the establishment of a designated campground away 
from the habitats of sensitive species; the installation of educational 
signage; and, increased staff presence, including law enforcement and a 
volunteer site steward during the 6-month period of peak visitor use. 
These conservation measures have reduced the magnitude of threat to the 
species to moderate to low; all remaining threats are nonimminent and 
involve long-term changes to the habitat for the species resulting from 
past impacts. Until a monitoring program is in place that allows us to 
assess the long-term trend of the species, we have assigned an LPN of 
11.
    Gila springsnail (Pyrgulopsis gilae)--The following summary is 
based on information contained in our files and the petition we 
received on November 20, 1985. Also see our 12-month petition finding 
published in the Federal Register on October 4, 1988 (53 FR 38969). The 
Gila springsnail is an aquatic species known from 13 populations in New 
Mexico. Surveys conducted in 2008 and 2009 located 14 additional 
populations bringing the total known to 27. Given the new population 
information, as well as new information on threats, we are currently 
assessing the status of this species.
    The long-term persistence of the Gila springsnail is contingent 
upon protection of the riparian corridor and maintenance of flow to 
ensure continuous, oxygenated flowing water within the species' 
required thermal range. Occupied Gila springsnail localities on Federal 
lands surveyed in 2008 and 2009 are subject to light levels of 
recreational use only at the thermal springs, and overall, recreational 
activities do not appear to be affecting springsnail populations. The 
level of recreational impacts at thermal springs on private lands is 
unknown. Sites visited in 2008 were excluded from grazing. Although elk 
use at some of the springs was evident, the level of impact was low. Of 
greatest concern are the very small size of the isolated occupied 
habitats and the potential effects of climate change. Although the 
effect climate change will have on the springs of the Southwest is 
unpredictable, mean annual temperature in New Mexico has increased by 
0.6 degrees per decade since 1970. Higher temperatures lead to higher 
evaporation rates, increased evapotranspiration, and decreased soil 
moisture which may reduce the amount of groundwater recharge. 
Widespread, long-term drought could affect spring flow quantity and 
quality, negatively affecting the springsnail populations. Based on 
these nonimminent threats that are currently of a low magnitude, we 
retained a listing priority number of 11 for this species.
    Gonzales springsnail (Tryonia circumstriata)--See summary above 
under Diamond Y Spring snail (Pseudotryonia adamantina).
    Huachuca springsnail (Pyrgulopsis thompsoni)--The following is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. The Huachuca 
springsnail inhabits approximately 16 springs and cienegas at 
elevations of 4,500 to 7,200 feet in southeastern Arizona (14 sites) 
and adjacent portions of Sonora, Mexico (2 sites). The springsnail is 
typically found in the shallower areas of springs or cienegas, often in 
rocky seeps at the spring source. Ongoing threats include habitat 
modification and destruction through catastrophic wildfire; drought; 
streamflow alteration; and, potentially, grazing, recreation, military 
activities, and timber harvest. Overall, the threats are moderate in 
magnitude because threats are not occurring throughout the range of the 
species uniformly and not all populations would likely be affected 
simultaneously by any of the known threats. In addition, multiple 
landowners (U.S. Forest Service, Fort Huachuca, and The Nature 
Conservancy) are including consideration for the springsnail or other 
co-occurring listed species in their activities (reducing fuel loads, 
avoiding occupied sites during military operations). The threats are 
ongoing and, thus, imminent. Therefore, we have assigned an LPN of 8 to 
this species.
    New Mexico springsnail (Pyrgulopsis thermalis)--The following 
summary is based on information contained in our files and the petition 
received on November 20, 1985. Also see our 12-month petition finding 
published on October 4, 1988 (53 FR 38969). In addition, we have 
received new information on populations and threats to the species, 
which we are currently assessing. The New Mexico springsnail is an 
aquatic species known from twelve separate populations associated with 
a series of spring-brook systems along the Gila River in the Gila 
National Forest in Grant County, New Mexico.
    The long-term persistence of the New Mexico springsnail is 
contingent upon protection of the riparian corridor immediately 
adjacent to springhead and

[[Page 69258]]

springrun habitats. Although the New Mexico springsnail populations may 
be stable, the sites inhabited by the species are subject to levels of 
recreational use and livestock grazing that can negatively affect this 
species. If these uses remain at the current or lower levels, they will 
not pose an imminent threat to the species. Of greater concern is 
drought, which could affect spring discharge and increases the 
potential for fire. Although the effect global climate change may have 
on streams and forests of the Southwest is unpredictable, mean annual 
temperature in New Mexico has increased by 0.6 degrees per decade since 
1970. Higher temperatures lead to higher evaporation rates which may 
reduce the amount of runoff and groundwater recharge. Increased 
temperatures may also increase the extent of area influenced by drought 
and fire. Large fires have occurred in the Gila National Forest and 
subsequent floods and ash flows have severely affected aquatic life in 
streams. If the drought continues or worsens, the imminence of threats 
from decreased discharge and fire will increase. Based on these 
nonimminent threats of a low magnitude, we retain an LPN of 11 for this 
springsnail.
    Page springsnail (Pyrgulopsis morrisoni)--See above in ``Listing 
Priority Changes in Candidates.'' The above summary is based on 
information contained in our files.
    Phantom springsnail (Tyronia cheatumi)--See summary above under 
Phantom Cave snail (Cochliopa texana).
    Three Forks springsnail (Pyrgulopsis trivialis)--We continue to 
find that listing this species is warranted but precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted petition 12-month finding.

Insects

    Wekiu bug (Nysius wekiuicola)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. The wekiu bug belongs to the 
true bug family, Lygaeidae, and is endemic to the island of Hawaii. 
This species only occurs on the summit of Mauna Kea and feeds upon 
other insect species which are blown to the summit of this large 
volcano. The wekiu bug is primarily threatened by the loss of its 
habitat from astronomy development. In 2004 and early 2005, surveys 
found multiple new locations of the wekiu bug on cinder cones on the 
Mauna Kea summit. Several of these cinder cones within the Mauna Kea 
Science Reserve, as well as two cinder cones located in the State Ice 
Age Natural Area Reserve, are not currently undergoing development nor 
are they the site of any planned development. Thus, the threats, 
although ongoing, do not occur across the entire range of the wekiu 
bug. Because there are occupied locations that are not subject to the 
primary threat of astronomy development, the overall magnitude of the 
threat is moderate. The immediacy of the threats is imminent because 
there are still significant parts of the wekiu bug's range where 
development is occurring. Therefore, we assigned this species an LPN of 
8.
    Mariana eight spot butterfly (Hypolimnas octucula mariannensis)--
The following summary is based on information contained in our files. 
No new information was provided in the petition we received on May 11, 
2004. The Mariana eight spot butterfly is a nymphalid butterfly species 
that feeds upon two host plants, Procris pedunculata and Elatostema 
calcareum. Endemic to the islands of Guam and Saipan, the species is 
now known from ten populations on Guam. This species is currently 
threatened by predation and parasitism. The Mariana eight spot 
butterfly has extremely high mortality of eggs and larvae due to 
predation by alien ants and wasps. Because the threat of parasitism and 
predation by nonnative insects occurs rangewide and can cause 
significant population declines to this species, they are high in 
magnitude. The threats are imminent because they are ongoing. 
Therefore, we assigned an LPN of 3 for this subspecies.
    Mariana wandering butterfly (Vagrans egestina)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
The Mariana wandering butterfly is a nymphalid butterfly species which 
feeds upon a single host plant species, Maytenus thompsonii. Originally 
known from and endemic to the islands of Guam and Rota, the species is 
now known from one population on Rota. This species is currently 
threatened by alien predation and parasitism. The Mariana wandering 
butterfly is likely predated by alien ants and parasitized by native 
and nonnative parasitoids. Because the threats of parasitism and 
predation by nonnative insects occur rangewide and can cause 
significant population declines to this species, leading to a 
relatively high likelihood of extinction, they are high in magnitude. 
These threats are imminent because they are ongoing. Therefore, we 
assigned an LPN of 2 for this species.
    Miami blue butterfly (Cyclargus thomasi bethunebakeri)--The 
following summary is based on information contained in our files and in 
the petition we received on June 15, 2000. Historically, the Miami blue 
was most common on the south Florida mainland and the Florida Keys, 
with a range extending north to Hillsborough and Volusia Counties. It 
is presently located at two sites in the Keys. In 1999, a 
metapopulation was discovered at Bahia Honda State Park (BHSP) on Bahia 
Honda Key, and in 2006 a second metapopulation was discovered on the 
outer islands of Key West National Wildlife Refuge (KWNWR). The BHSP 
metapopulation appears restricted to a couple hundred individuals at 
most; the KWNWR metapopulation was believed to be several hundred in 
2006-2007, but appears to be lower in abundance now. Capacity to expand 
at either site or successfully emigrate from either site appears to be 
very low due to the sedentary nature of the butterfly and isolation of 
habitats. Reintroduction efforts have not been successful. The Miami 
blue is predominantly a coastal species, occurring in disturbed and 
early successional habitats such as the edges of tropical hardwood 
hammock, coastal berm forest, coastal prairie, and along trails and 
other open sunny areas, and historically in pine rockland. These 
habitats provide hostplants for larvae and nectar sources for adults in 
close proximity, as the species requires.
    Major threats to the butterfly include few occurrences, limited 
population size and range, hurricanes, mosquito control activities, and 
herbivory of hostplants by iguanas. Damage to host plants from iguanas 
at BHSP is an ongoing and significant threat; although active steps are 
being taken by the State and partners to reduce this threat, this 
metapopulation is now at risk. Climatic changes and sea level rise are 
long-term threats that will reduce the extent of habitat. Accidental 
harm or habitat destruction and illegal collection may also pose 
threats to the survival due to small population sizes. Loss of genetic 
diversity within the small and isolated populations may be occurring. 
The survival of the Miami blue depends on protecting the species' 
currently occupied habitat from further degradation and fragmentation; 
restoring potentially suitable habitat within its historical range; 
avoiding or removing threats from fire suppression, iguanas, mosquito 
control, accidental harm from humans; increasing the current population 
in size; and establishing populations at other locations. Exotic 
predatory ants and

[[Page 69259]]

parasitoids may also be potential threats, given the species' small 
population size and few occurrences. Most threats are high in 
magnitude, because they constitute a significant risk to the 
subspecies, leading to a relatively high likelihood of extinction; most 
threats are imminent. As a result, we retained an LPN of 3 for this 
subspecies.
    Sequatchie caddisfly (Glyphopsyche sequatchie)--The following 
summary is based on information in our files. No new information was 
provided in the petition we received on May 11, 2004. The Sequatchie 
caddisfly is known from two spring runs that emerge from caves in 
Marion County, Tennessee--Owen Spring Branch (the type locality) and 
Martin Spring run in the Battle Creek system. In 1998, biologists 
estimated population sizes at 500 to 5,000 individuals for Owen Spring 
Branch and 2 to 10 times higher at Martin Spring, due to the greater 
amount of apparently suitable habitat. In spite of greater amounts of 
suitable habitat at the Martin Spring run, Sequatchie caddisflies are 
more difficult to find at this site, and in 2001 (the most recent 
survey) the Sequatchie caddisfly was ``abundant'' at the Owen Spring 
Branch location, while only two individuals were observed at the Martin 
Spring. Threats to the Sequatchie caddisfly include siltation, point 
and nonpoint discharges from municipal and industrial activities, and 
introduction of toxicants during episodic events. These threats, 
coupled with the extremely limited distribution of the species, its 
apparent small population size, the limited amount of occupied habitat, 
ease of accessibility, and the annual life cycle of the species, are 
all factors that leave the Sequatchie caddisfly vulnerable to 
extirpation. Therefore, the magnitude of the threat is high. These 
threats are gradual and not necessarily imminent. Based on high-
magnitude, nonimminent threats, we assigned this species a listing 
priority number of 5.
    Clifton Cave beetle (Pseudanophthalmus caecus)--The following 
summary is based upon information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Clifton Cave beetle is a small, eyeless, reddish-brown predatory insect 
that feeds upon small cave invertebrates. It is cave dependent, and is 
not found outside the cave environment. Clifton Cave beetle is only 
known from two privately owned Kentucky caves. Soon after the species 
was first collected in 1963 in one cave, the cave entrance was enclosed 
due to road construction. We do not know whether the species still 
occurs at the original location or if it has been extirpated from the 
site by the closure of the cave entrance. Other caves in the vicinity 
of this cave were surveyed for the species during 1995 to 1996 and only 
one additional site was found to support the Clifton Cave beetle. The 
limestone caves in which the Clifton Cave beetle is found provide a 
unique and fragile environment that supports a variety of species that 
have evolved to survive and reproduce under the demanding conditions 
found in cave ecosystems. The limited distribution of the species makes 
it vulnerable to isolated events that would only have a minimal effect 
on the more wide-ranging insects. Events such as toxic chemical spills, 
discharges of large amounts of polluted water or indirect impacts from 
off-site construction activities, closure of entrances, alteration of 
entrances, or the creation of new entrances could have serious adverse 
impacts on this species. Therefore, the magnitude of threat is high for 
this species. The threats are nonimminent because there are no known 
projects planned that would affect the species in the near future. We 
therefore have assigned a listing priority number of 5 to this species.
    Icebox Cave beetle (Pseudanophthalmus frigidus)--The following 
summary is based upon information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Icebox Cave beetle is a small, eyeless, reddish-brown predatory insect 
that feeds upon small cave invertebrates. It is not found outside the 
cave environment, and is only known from one privately owned Kentucky 
cave. The limestone cave in which this species is found provides a 
unique and fragile environment that supports a variety of species that 
have evolved to survive and reproduce under the demanding conditions 
found in cave ecosystems. The species has not been observed since it 
was originally collected, but species experts believe that it may still 
exist in the cave in low numbers. The limited distribution of the 
species makes it vulnerable to isolated events that would only have a 
minimal effect on the more wide-ranging insects. Events such as toxic 
chemical spills or discharges of large amounts of polluted water, or 
indirect impacts from off-site construction activities, closure of 
entrances, alteration of entrances, or the creation of new entrances, 
could have serious adverse impacts on this species. Therefore, the 
magnitude of threat is high for this species because it is limited in 
distribution and the threats would result in a high level of mortality 
or reduced reproductive capacity. The threats are nonimminent because 
there are no known projects planned that would affect the species in 
the near future. We therefore have assigned an LPN of 5 to this 
species.
    Inquirer Cave beetle (Pseudanophthalmus inquisitor)--The following 
summary is based upon information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
The Inquirer Cave beetle is a fairly small, eyeless, reddish-brown 
predatory insect that feeds upon small cave invertebrates. It is not 
found outside the cave environment, and is only known from one 
privately owned Tennessee cave. The limestone cave in which this 
species is found provides a unique and fragile environment that 
supports a variety of species that have evolved to survive and 
reproduce under the demanding conditions found in cave ecosystems. The 
species was last observed in 2006. The limited distribution of the 
species makes it vulnerable to isolated events that would only have a 
minimal effect on the more wide-ranging insects. The area around the 
only known site for the species is in a rapidly expanding urban area. 
The entrance to the cave is protected by the landowner through a 
cooperative management agreement with the Service, The Nature 
Conservancy and Tennessee Wildlife Resources Agency; however, a 
sinkhole that drains into the cave system is located away from the 
protected entrance and is near a highway. Events such as toxic chemical 
spills, discharges of large amounts of polluted water, or indirect 
impacts from off-site construction activities, could severely affect 
the species and the cave habitat. The magnitude of threat is high for 
this species because it is limited in distribution and the threats 
would have severe impacts on its continued existence. The threats are 
nonimminent because there are no known projects planned that would 
affect the species in the near future and it receives some protection 
under a cooperative management agreement. We therefore have assigned a 
listing priority number of 5 to this species.
    Louisville Cave beetle (Pseudanophthalmus troglodytes)--The 
following summary is based upon information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. The Louisville Cave beetle is a small, eyeless, reddish-brown 
predatory insect that feeds upon cave invertebrates. It is not found 
outside the cave environment, and is only known from two privately 
owned Kentucky caves. The limestone

[[Page 69260]]

caves in which this species is found provide a unique and fragile 
environment that supports a variety of species that have evolved to 
survive and reproduce under the demanding conditions found in cave 
ecosystems. The limited distribution of the species makes it vulnerable 
to isolated events that would only have a minimal effect on the more 
wide-ranging insects. Events such as toxic chemical spills, discharges 
of large amounts of polluted water or indirect impacts from off-site 
construction activities, closure of entrances, alteration of entrances, 
or the creation of new entrances could have serious adverse impacts on 
this species. The magnitude of threat is high for this species, because 
it is limited in distribution and the threats would have severe 
negative impacts on the species. The threats are nonimminent because 
there are no known projects planned that would affect the species in 
the near future. We therefore have assigned an LPN of 5 to this 
species.
    Tatum Cave beetle (Pseudanophthalmus parvus)--The following summary 
is based upon information contained in our files. No new information 
was provided in the petition we received on May 11, 2004. Tatum Cave 
beetle is a small, eyeless, reddish-brown predatory insect that feeds 
upon cave invertebrates. It is not found outside the cave environment, 
and is only known from one privately owned Kentucky cave. The limestone 
cave in which this species is found provides a unique and fragile 
environment that supports a variety of species that have evolved to 
survive and reproduce under the demanding conditions found in cave 
ecosystems. The species has not been observed since 1965, but species 
experts believe that it still exists in low numbers. The limited 
distribution of the species makes it vulnerable to isolated events that 
would only have a minimal effect on the more wide-ranging insects. 
Events such as toxic chemical spills or discharges of large amounts of 
polluted water, or indirect impacts from off-site construction 
activities, closure of entrances, alteration of entrances, or the 
creation of new entrances could have serious adverse impacts on this 
species. The magnitude of threat is high for this species, because its 
limited numbers mean that any threats could severely affect its 
continued existence. The threats are nonimminent because there are no 
known projects planned that would affect the species in the near 
future. We therefore have assigned an LPN of 5 to this species.
    Taylor's (Whulge, Edith's) checkerspot butterfly (Euphydryas editha 
taylori)--The following summary is based on information contained in 
our files and in the petition received on December 11, 2002. 
Historically, the Taylor's checkerspot butterfly was known from 70 
locations: 23 in British Columbia, 34 in Washington, and 13 in Oregon. 
Based on the results of surveys during the 2009 flight period, 
butterflies were detected at just 9 populations. No reports were 
received for the Canada sites. The total number of Taylor's checkerspot 
butterflies was considerably reduced in current surveys with 
approximately 2,500 individuals observed rangewide. The latest decline 
observed was from the Joint Base Lewis McChord population where fewer 
than 200 butterflies were counted in 2008; only 77 adult butterflies 
were detected during 2009 surveys. Currently, just seven populations 
had adult butterflies flying in Washington, two in the Willamette 
Valley of Oregon, and one on Denman Island, British Columbia, Canada. A 
new population (meta-population) was observed on the Olympic National 
Forest. During 2009, six additional locations have been found on 
suitable habitat on Olympic National Forest land; at one location 69 
butterflies were detected and the remainder had up to 40 butterflies 
with several of the sites having fewer than 5 adult butterflies.
    Threats include degradation and destruction of native grasslands 
due to agriculture; residential and commercial development; 
encroachment by nonnative plants; succession from grasslands to native 
shrubs and trees; and fire. The threat of military training has greatly 
increased during this last assessment period and the site where 
Taylor's checkerspot were known to thrive on Fort Lewis was severely 
affected by Armored Vehicle training. The result of that training on 
the population at the site will not be determined until after this 
year's monitoring has been completed.
    The grassland ecosystem on which this subspecies depends requires 
annual management to maintain suitable grassland habitat for the 
species. Bacillus thuringiensis var. kurstake (Btk) was routinely 
applied for Asian gypsy moth control in Pierce County, Washington for 
many years. This pesticide is documented to have deleterious effects on 
non-target lepidopteron species, including all moths and butterflies. 
Because of the timing and close proximity of the Btk application to 
native prairies where Taylors' checkerspot adults, or their larvae, 
were historically known to occur, it is likely that the spraying 
contributed to the extirpation of the subspecies at three locations in 
Pierce County, Washington.
    Threats also include the loss of prairies to development or the 
conversion of native grasslands to agriculture; the threat of vehicle 
and foot traffic that crushes larvae and larval host plants on roads 
where host plants have become established, thus acting as a mortality 
sink (this has occurred at several of the north Olympic Peninsula 
sites). Other important threats include changes to the structure and 
composition of prairie habitat brought on by the invasion of shrubs and 
trees (Scot's broom and Douglas-fir) or nonnative pasture grasses that 
quickly invade onto prairies when processes like fire, or its surrogate 
mowing, are not implemented.
    These changes to prairie habitat threaten Taylor's checkerspot by 
degrading prairie habitat and making it unsuitable for the butterfly. 
The threats that lead to habitat degradation and loss are ubiquitous, 
occurring rangewide, and severely affect the survival of the 
subspecies, leading to a relatively high likelihood of extinction. 
Therefore, the threats are high in magnitude. The threats are imminent 
because they are ongoing and occur simultaneously at all of the known 
locations for the subspecies. Based on the high magnitude and the 
imminent nature of threats, we retain an LPN of 3 for the Taylor's 
checkerspot butterfly.
    Blackline Hawaiian damselfly (Megalagrion nigrohamatum 
nigrolineatum)--We continue to find that listing this species is 
warranted but precluded as of the date of publication of this notice. 
However, we are working on a proposed listing rule that we expect to 
publish prior to making the next annual resubmitted 12-month petition 
finding.
    Crimson Hawaiian damselfly (Megalagrion leptodemas)--We continue to 
find that listing this species is warranted but precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted 12-month petition finding.
    Oceanic Hawaiian damselfly (Megalagrion oceanicum)--We continue to 
find that listing this species is warranted but precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted 12-month petition finding.
    Orangeblack Hawaiian damselfly (Megalagrion xanthomelas)--The 
following summary is based on information contained in our files. No

[[Page 69261]]

new information was provided in the petition we received on May 11, 
2004. The Orangeblack Hawaiian damselfly is a stream-dwelling species 
endemic to the Hawaiian Islands of Kauai, Oahu, Molokai, Maui, Lanai, 
and Hawaii. The species no longer is found on Kauai, and is now 
restricted to 16 populations on the islands of Oahu, Maui, Molokai, 
Lanai, and Hawaii. This species is threatened by predation from alien 
aquatic species such as fish and predacious insects, and habitat loss 
through dewatering of streams and invasion by nonnative plants. 
Nonnative fish and insects prey on the naiads of the damselfly, and 
loss of water reduces the amount of suitable naiad habitat available. 
Invasive plants (e.g., California grass (Brachiaria mutica)) also 
contribute to loss of habitat by forming dense, monotypic stands that 
completely eliminate any open water. Nonnative fish and plants are 
found in all the streams the Orangeblack damselfly occur in, except the 
Oahu location, where there are no nonnative fish. We assigned this 
species an LPN of 8 because, although the threats are ongoing and 
therefore imminent, they affect the survival of the species in varying 
degrees throughout the range of the species and are of moderate 
magnitude.
    Picture-wing fly (Drosophila digressa)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004, but new 
information was provided by one Drosophila expert in 2006. This 
picture-wing fly, a member of the family Drosophilidae, feeds only upon 
species of Charpentiera, and is endemic to the Hawaiian Island of 
Hawaii. Never abundant in number of individuals observed, D. digressa 
was originally known from 5 population sites and may now be limited to 
as few as 1 or 2 sites. Due to the small population size of the species 
and its small known habitat area, Drosophila researchers believe this 
species and its habitat are particularly vulnerable to a myriad of 
threats. Feral ungulates (pigs, goats, and cattle) degrade and destroy 
D. digressa host plants and habitat by directly trampling plants, 
facilitating erosion, and spreading nonnative plant seeds. Nonnative 
plants degrade host plant habitat and compete for light, space, and 
nutrients. Direct predation of D. digressa by nonnative social insects, 
particularly yellow jacket wasps, is also a serious threat. 
Additionally, this species faces competition at the larval stage from 
nonnative tipulid flies, which feed within the same portion of the 
decomposing host plant area normally occupied by the D. digressa larvae 
during their development with a resulting reduction in available host 
plant material. Because the threats to the native forest habitat of D. 
digressa, and to individuals of this species, occur throughout its 
range and are expected to continue or increase unless efforts at 
control or eradication are undertaken, they are high in magnitude. In 
addition, because of the limited distribution and small population of 
the species, any of the threats would significantly impair survival of 
the species. The threats are also imminent, because they are ongoing. 
No known conservation measures have been taken to date to specifically 
address these threats, and we have therefore assigned this species an 
LPN of 2.
    Stephan's riffle beetle (Heterelmis stephani)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition received on May 11, 2004. The 
Stephan's riffle beetle is an endemic riffle beetle found in limited 
spring environments within the Santa Rita Mountains, Pima County, 
Arizona. The beetle is known from Sylvester Spring in Madera Canyon, 
within the Coronado National Forest. Threats to that spring are largely 
from habitat modification, from recreational activities in the springs, 
and potential changes in water quality and quantity due to catastrophic 
natural events and climate change. The threats are of low to moderate 
magnitude based on our current knowledge of the permanence of threats 
and the likelihood that the species will persist in areas that are 
unaffected by the threats. Although the threats from climate change are 
expected to occur over many years, the threats from recreational use 
are ongoing. Therefore, the threats are imminent. Thus, we retained an 
LPN of 8 for the Stephan's riffle beetle.
    Dakota skipper (Hesperia dacotae)--The following summary is based 
on information contained in our files, including information from the 
petition received on May 12, 2003. The Dakota skipper is a small- to 
mid-sized butterfly that inhabits high-quality tallgrass and mixed-
grass prairie in Minnesota, North Dakota, South Dakota, and the 
provinces of Manitoba and Saskatchewan in Canada. The species is 
presumed to be extirpated from Iowa and Illinois and from many sites 
within occupied States.
    The Dakota skipper is threatened by degradation of its native 
prairie habitat by overgrazing, invasive species, gravel mining, and 
herbicide applications; inbreeding, population isolation, and 
prescribed fire threaten some populations. Prairie succeeds to 
shrubland or forest without periodic fire, grazing, or mowing; thus, 
the species is also threatened at sites where such disturbances are not 
applied. The Service and other Federal agencies, State agencies, the 
Sisseton-Wahpeton Sioux Tribe, and some private organizations (e.g., 
The Nature Conservancy) protect and manage some Dakota skipper sites. 
Proper management is always necessary to ensure its persistence, even 
at protected sites. The species may be secure at a few sites where 
public and private landowners manage native prairie in ways that 
conserve Dakota skipper, but approximately half of the inhabited sites 
are privately owned with little or no protection. A few private sites 
are protected from conversion by easements, but these do not prevent 
adverse effects from overgrazing. Overall, the threats are moderate in 
magnitude because they are not occurring rangewide and have a moderate 
effect on the viability of the species. They are, however, ongoing and 
therefore imminent, particularly on private lands. Thus, we assigned an 
LPN of 8 to this species.
    Mardon skipper (Polites mardon)--The following summary is based on 
information contained in our files and the petition we received on 
December 24, 2002. The Mardon skipper is a northwestern butterfly with 
a disjunct range. Currently this species is known from four widely 
separated regions: South Puget Sound region, southern Washington 
Cascades, Siskiyou Mountains of southern Oregon, and coastal 
northwestern California/southern Oregon. The number of documented 
locations for the species has increased from fewer than 10 in 1997 to 
more than 130 rangewide in 2010. New site locations have been 
documented in each year that targeted surveys have been conducted since 
1999. In the past 9 years, significant local populations have been 
located in the Washington Cascades and in Southern Oregon, with a few 
local sites supporting populations of hundreds of Mardon skippers.
    The Mardon skipper spends its entire life cycle in one location, 
often on the same grassland patch. The dispersal ability of Mardon 
skipper is restricted. The greatest threats currently posed to Mardon 
skippers are stochastic events such as a catastrophic wildfire or 
unseasonable weather events. Other threats to the Mardon skipper 
include direct impacts to individuals and local populations by 
livestock grazing, pesticide drift, and off-road-vehicle use. Habitat 
destruction or modification

[[Page 69262]]

through conifer encroachment, invasive nonnative plants, roadside 
maintenance, and grassland/meadow management activities such as 
prescribed burning and mowing are also threats. However, these threats 
have been substantially reduced due to protections provided by State 
and Federal special status species programs. The magnitude of the 
threats is moderate because current regulatory mechanisms associated 
with State and Federal special status species programs afford a 
relatively high level of protection from additional habitat loss or 
destruction across most of the species' range. Threats are imminent 
because all sites within the species' range currently have one or more 
identified threats that are resulting in direct impacts to individuals 
within the populations, or a gradual loss or degradation of the 
species' habitats. Mardon skippers face a variety of threats that may 
occur at any time at any of the locations. Low numbers of individuals 
have been found at most of the known locations. Only a few locations 
are known to harbor greater than 100 individuals, and specific 
locations could easily be lost by changes in vegetation composition or 
from the threat of wildfire. The great distances between the known 
locations for the species would not allow for dispersal of the species 
between populations; thus, loss of any population could lead to 
extirpation of the species at any of these locations. However, the 
discovery of new populations and the wide geographic range for the 
Mardon skipper provides a buffer against threats that could destroy all 
existing habitat simultaneously or jeopardize the continued existence 
of the species. Thus, based on imminent threats of moderate magnitude, 
we retain an LPN of 8 to this species.
    Coral Pink Sand Dunes tiger beetle (Cicindela limbata albissima)--
The following summary is based on information contained in our files, 
including information from the petition we received on April 21, 1994. 
This species of beetle occurs only at the Coral Pink Sand Dunes. This 
area is approximately 7 miles west of Kanab, Kane County, in south-
central Utah. It is restricted to approximately 234 hectares (577 
acres) of protected habitat within the dune field, situated at an 
elevation of about 1,820 meters (6,000 feet). Continuing drought is 
negatively affecting tiger beetle populations. Drought conditions have 
suppressed the beetle's reproductive capabilities. The continued 
survival of the beetle depends on the preservation of its habitat and 
favorable rainfall amounts. In addition, the beetle's habitat is being 
adversely affected by ongoing, recreational off-road-vehicle use that 
is limiting expansion of the species. The two agencies that manage the 
dune field, the Utah Department of Parks and Recreation and the BLM, 
have restricted recreational off-road vehicle use in some areas, which 
reduces impacts. However, continued drought may prevent the population 
from increasing in size. The beetle's population also is vulnerable to 
over-collecting by professional and hobby tiger beetle collectors. We 
retained an LPN of 2 due to the high magnitude and imminence of drought 
conditions.
    Highlands tiger beetle (Cicindela highlandensis)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
The Highlands tiger beetle is narrowly distributed and restricted to 
areas of bare sand within scrub and sandhill on ancient sand dunes of 
the Lake Wales Ridge in Polk and Highlands Counties, Florida. Adult 
tiger beetles have been most recently found at 40 sites at the core of 
the Lake Wales Ridge. In 2004-2005 surveys, a total of 1,574 adults 
were found at 40 sites, compared with 643 adults at 31 sites in 1996, 
928 adults at 31 sites in 1995, and 742 adults at 21 sites in 1993. Of 
the 40 sites in the 2004-2005 surveys with one or more adults, results 
ranged from 3 sites with large populations of over 100 adults, to 13 
sites with fewer than 10 adults. Results from a limited removal study 
at four sites and similar studies suggest that the actual population 
size at some survey sites can be as much as two times as high as 
indicated by the visual index counts. If assumptions are correct and 
unsurveyed habitat is included, then the total number of adults at all 
survey sites might be 3,000 to 4,000.
    Habitat loss and fragmentation and lack of fire and disturbances to 
create open habitat conditions are serious threats; remaining patches 
of suitable habitat are disjunct and isolated. Populations occupy 
relatively small patches of habitat and are small and isolated; 
individuals have difficulty dispersing between suitable habitats. These 
factors pose serious threats to the species. Although significant 
progress in implementing prescribed fire has occurred over the last ten 
years through collaborative partnerships and the Lake Wales Ridge 
Prescribed Fire Team, a backlog of long-unburned habitat within 
conservation areas remains. Overcollection and pesticide use are 
additional concerns. Because this species is narrowly distributed with 
specific habitat requirements and small populations, any of the threats 
could have a significant impact on the survival of the species, leading 
to a relatively high likelihood of extinction. Therefore, the magnitude 
of threats is high. Although the majority of its historical range has 
been lost, degraded, and fragmented, numerous sites are protected and 
land managers are implementing prescribed fire at some sites; these 
actions are expected to restore habitat and help reduce threats and 
have already helped stabilize and improve the populations. Overall, the 
threats are nonimminent. Therefore, we assigned the Highlands tiger 
beetle an LPN of 5.

Arachnids

    Warton's cave meshweaver (Cicurina wartoni)--The following summary 
is based on information contained in our files. No new information was 
provided in the petition received on May 11, 2004. Warton's Cave 
meshweaver is an eyeless, cave-dwelling, unpigmented, 0.23-inch-long 
invertebrate known only from female specimens. This meshweaver is known 
to occur in only one cave (Pickle Pit) in Travis County, Texas. Primary 
threats to the species and its habitat are predation and competition 
from fire ants, surface and subsurface effects from runoff from an 
adjacent subdivision, unauthorized entry into the area surrounding the 
cave, modification of vegetation near the cave from human use, and 
trash dumping that may include toxic materials near the feature. The 
magnitude of threats is high because the single location for this 
species makes it highly vulnerable to extinction. The threats are 
imminent because fire ants are known to occur in the vicinity of the 
cave, and impacts to the cave from runoff and human activities are an 
imminent threat. Thus, we retain an LPN of 2 for this species.

Crustaceans

    Anchialine pool shrimp (Metabetaeus lohena)--The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Metabetaeus 
lohena is an anchialine pool-inhabiting species of shrimp belonging to 
the family Alpheidae. This species is endemic to the Hawaiian Islands 
and is currently known from populations on the islands of Oahu, Maui, 
and Hawaii. The primary threats to this species are predation by fish 
(which do not naturally occur in the pools inhabited by this species) 
and habitat loss from degradation (primarily from illegal trash 
dumping). The pools where this species

[[Page 69263]]

occurs on the islands of Maui and Hawaii are located within State 
Natural Area Reserves (NAR) and in a National Park. Both the State NARs 
and the National Park prohibit the collection of the species and the 
disturbance of the pools. However, enforcement of collection and 
disturbance prohibitions is difficult, and the negative effects from 
the introduction of fish are extensive and happen quickly. On Oahu, one 
pool is located in a National Wildlife Refuge and is protected from 
collection and disturbance to the pool, however, on State-owned land 
where the species occurs, there is no protection from collection or 
disturbance of the pools. Therefore, threats to this species could have 
a significant adverse effect on the survival of the species, leading to 
a relatively high likelihood of extinction, and are of a high 
magnitude. However, the primary threats of predation from fish and loss 
of habitat due to degradation are nonimminent overall, because on the 
islands of Maui and Hawaii no fish were observed in any of the pools 
where this species occurs and there has been no documented trash 
dumping in these pools. Only one site on Oahu had a trash dumping 
instance, and in that case the trash was cleaned up immediately and the 
species subsequently observed. No additional dumping events are known 
to have occurred. Therefore, we assigned this species an LPN of 5.
    Anchialine pool shrimp (Palaemonella burnsi)--The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Palaemonella 
burnsi is an anchialine pool-inhabiting species of shrimp belonging to 
the family Palaemonidae. This species is endemic to the Hawaiian 
Islands and is currently known from 3 pools on the island of Maui and 
22 pools on the island of Hawaii. The primary threats to this species 
are predation by fish (which do not naturally occur in the pools 
inhabited by this species) and habitat loss due to degradation 
(primarily from illegal trash dumping). The pools where this species 
occurs on Maui are located within a State Natural Area Reserve (NAR). 
Hawaii's State statutes prohibit the collection of the species and the 
disturbance of the pools in State NARs. On the island of Hawaii, the 
species occurs within a State NAR and a National Park, and collection 
and disturbance are also prohibited. However, enforcement of these 
prohibitions is difficult, and the negative effects from the 
introduction of fish are extensive and happen quickly. Therefore, 
threats to this species could have a significant adverse effect on the 
survival of the species, leading to a relatively high likelihood of 
extinction, and are of a high magnitude. However, the threats are 
nonimminent, because surveys in 2004 and 2007 did not find fish in the 
pools where these shrimp occur on Maui or the island of Hawaii. Also, 
there was no evidence of recent habitat degradation at those pools. We 
assigned this species an LPN of 5.
    Anchialine pool shrimp (Procaris hawaiana)--The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Procaris hawaiana 
is an anchialine pool-inhabiting species of shrimp belonging to the 
family Procarididae. This species is endemic to the Hawaiian Islands, 
and is currently known from two pools on the island of Maui and 
thirteen pools on the island of Hawaii. The primary threats to this 
species are predation from fish (which do not naturally occur in the 
pools inhabited by this species) and habitat loss due to degradation 
(primarily from illegal trash dumping). The pools where this species 
occurs on Maui are located within a State Natural Area Reserve (NAR). 
Hawaii's State statutes prohibit the collection of the species and the 
disturbance of the pools in State NARs. Twelve of the pools on the 
island of Hawaii are also located within a State NAR. However, 
enforcement of these prohibitions is difficult and the negative effects 
from the introduction of fish are extensive and happen quickly. In 
addition, there are no prohibitions for either removal of the species 
or disturbance to the pool for the one pool located outside a NAR on 
the island of Hawaii. Therefore, threats to this species could have a 
significant adverse effect on the survival of the species, leading to a 
relatively high likelihood of extinction, and thus remain at a high 
magnitude. However, the threats to the species are nonimminent because, 
during 2004 and 2007 surveys, no fish were observed in the pools where 
these shrimp occur on Maui, and no fish were observed in the one pool 
on the island of Hawaii during a site visit in 2005. In addition, there 
were no signs of trash dumping or fill in any of the pools where the 
species occurs. Therefore, we assigned this species an LPN of 5.
    Anchialine pool shrimp (Vetericaris chaceorum)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Vetericaris chaceorum is an anchialine pool-inhabiting species of 
shrimp belonging to the family Procarididae; it is the only species in 
its genus. This species is endemic to the Hawaiian Islands, and is only 
known from one population in a single pool on the island of Hawaii. The 
primary threats to this species are predation from nonnative fish and 
habitat degradation (primarily by contamination from illegal trash 
dumping). This species would be highly vulnerable to predation by any 
intentionally or accidentally introduced fish, or contamination from 
illegal dumping into its single known location. This pool lies within 
lands administered by the State of Hawaii Department of Hawaiian Home 
Lands. The threats to V. chaceorum from habitat degradation and 
destruction, as well as from predation by nonnative fish are of high 
magnitude, because this species occurs in only one pool; thus, the 
threats could significantly impair the survival of the species, leading 
to a relatively high likelihood of extinction. All individuals of this 
species may be severely affected by a single dumping of trash or 
release of nonnative fish in the species' only known pool. However, the 
threats are nonimminent, as fish have not been introduced into the pool 
(nor is there any reason to believe that introduction is imminent) and 
a site visit in early 2005 showed there were no signs of dumping or 
fill. Therefore we assigned this species an LPN of 4 because the 
threats are of high magnitude but nonimminent, and the species is in a 
monotypic genus.

Flowering Plants

    Abronia alpina (Ramshaw Meadows sand-verbena)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Abronia alpina is known from one main population center in Ramshaw 
Meadow and a smaller population in adjacent Templeton Meadow on the 
Kern Plateau of the Sierra Nevada, Inyo National Forest, in Tulare 
County, California. The total estimated area occupied is approximately 
6 hectares (15 acres). The population fluctuates from year to year 
without any clear trends. Population estimates from 1985-1994 range 
from a low of 69,652 plants in 1986 to 132,215 plants in 1987. Surveys 
conducted since 1994 indicate that no significant changes have occurred 
in population size or location, although, the 2003 survey showed 
population numbers to be at the low end of the range. The population 
was last monitored in 2009, and results from those studies are still 
being analyzed.

[[Page 69264]]

    The factors currently threatening Abronia alpina include natural 
and human habitat alteration, hydrologic changes to the water table, 
and recreational use within meadow habitats. Lodgepole pine 
encroachment has altered the meadow, and trees are becoming established 
within A. alpina habitat. Lodgepole pine encroachment may alter soil 
characteristics by increasing organic matter levels, decreasing 
porosity, and moderating diurnal temperature fluctuations thus reducing 
the competitive ability of A. alpina to persist in an environment more 
hospitable to other plant species. The Ramshaw Meadow ecosystem is 
subject to potential alteration by lowering of the water table due to 
downcutting of the South Fork of the Kern River (SFKR). The SFKR flows 
through Ramshaw Meadow, at times coming within 15 m (50 ft) of A. 
alpina habitat, particularly in the vicinity of five subpopulations. 
The habitat occupied by A. alpina directly borders the meadow system 
supported by the SFKR. Drying out of the meadow system could 
potentially affect A. alpina pollinators and/or seed dispersal agents.
    Established hiker, packstock, and cattle trails pass through A. 
alpina subpopulations. Two main hiker trails pass through Ramshaw 
Meadow, but were rerouted out of A. alpina subpopulations where 
feasible, in 1988 and 1997. Remnants of cattle trails that pass through 
subpopulations in several places receive occasional incidental use by 
horses and sometimes hikers. Cattle use, however, currently is not a 
threat due to the 2001 implementation of a 10-year moratorium on the 
Templeton allotment which prohibits cattle from all A. alpina 
locations. The Service is funding studies to determine appropriate 
conservation measures and working with the U.S. Forest Service on 
developing a conservation strategy for the species. The threats are of 
a low magnitude and nonimminent because of the conservation actions 
already implemented. The LPN for A. alpina remains an 11, with 
nonimminent threats of moderate to low magnitude.
    Arabis georgiana (Georgia rockcress)--The following summary is 
based on information in our files. No new information was provided in 
the petition we received on May 11, 2004. The Georgia rockcress grows 
in a variety of dry situations, including shallow soil accumulations on 
rocky bluffs, ecotones of gently sloping rock outcrops, and in sandy 
loam along eroding river banks. It is occasionally found in adjacent 
mesic woods, but it will not persist in heavily shaded conditions. 
Currently, 17 populations are known from the Gulf Coastal Plain, 
Piedmont, and Ridge and Valley physiographic provinces of Alabama and 
Georgia. Populations of this species typically have a limited number of 
individuals over a small area.
    Habitat degradation, more than outright habitat destruction, is the 
most serious threat to the continued existence of this species. 
Disturbance, associated with timber harvesting, road building, and 
grazing has created favorable conditions for the invasion of exotic 
weeds, especially Japanese honeysuckle (Lonicera japonica), in this 
species' habitat. A large number of the populations are currently or 
potentially threatened by the presence of exotics. The heritage 
programs in Alabama and Georgia have initiated plans for exotic control 
at several populations. The magnitude of threats to this species is 
moderate to low due to the number of populations (17) across multiple 
counties in two states and due to the fact that several sites are 
protected. However, since a number of the populations are currently 
being affected by nonnative plants, the threat is imminent. Thus, we 
assigned an LPN of 8 to this species.
    Argythamnia blodgettii (Blodgett's silverbush)--The following 
summary is based on information in our files. No new information was 
provided in the petition we received on May 11, 2004. Blodgett's 
silverbush occurs in Florida and is found in open, sunny areas in pine 
rockland, edges of rockland hammock, edges of coastal berm, and 
sometimes in disturbed areas at the edges of natural areas. Plants can 
be found growing from crevices on limestone, or on sand. The pine-
rockland habitat where the species occurs in Miami-Dade County and the 
Florida Keys requires periodic fires to maintain habitat with a minimum 
amount of hardwoods. There are approximately 22 extant occurrences, 12 
in Monroe County and 10 in Miami-Dade County; many occurrences are on 
conservation lands. However, 4 to 5 sites are recently thought to be 
extirpated. The estimated population size of Blodgett's silverbush in 
the Florida Keys, excluding Big Pine Key, is roughly 11,000; the 
estimated population in Miami-Dade County is 375 to 13,650 plants.
    Blodgett's silverbush is threatened by habitat loss, which is 
exacerbated by habitat degradation due to fire suppression, the 
difficulty of applying prescribed fire to pine rocklands, and threats 
from exotic plants. Remaining habitats are fragmented. Threats such as 
road maintenance and enhancement, infrastructure, and illegal dumping 
threaten some occurrences. Blodgett's silverbush is vulnerable to 
natural disturbances, such as hurricanes, tropical storms, and storm 
surges. Climatic change, particularly sea-level rise, is a long-term 
threat that is expected to continue to affect pine rocklands and 
ultimately substantially reduce the extent of available habitat, 
especially in the Keys. Overall, the magnitude of threats is moderate 
because not all of the occurrences are affected by the threats. In 
addition, land managers are aware of the threats from exotic plants and 
lack of fire, and are, to some extent, working to reduce these threats 
where possible. While a number of threats are occurring in some areas, 
the threat from development is nonimminent since most occurrences are 
on public land, and sea level rise is not currently affecting this 
species. Overall, the threats are nonimminent. Thus, we assigned an LPN 
of 11 to this species.
    Artemisia campestris var. wormskioldii (Northern wormwood)--The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. Historically known from eight sites, northern wormwood is 
currently known from two populations in Klickitat and Grant Counties, 
Washington. This plant is restricted to exposed basalt, cobbly-sandy 
terraces, and sand habitat along the shore and on islands in the 
Columbia River. The two populations are separated by 200 miles (322 
kilometers) of the Columbia River and three large hydroelectric dams. 
The Klickitat County population is declining; the status is unclear for 
the Grant County population; however, both are vulnerable to 
environmental variability. Surveys have not detected any additional 
plants.
    Threats to northern wormwood include direct loss of habitat through 
regulation of water levels in the Columbia River and placement of 
riprap along the river bank; human trampling of plants from recreation; 
competition with nonnative invasive species; burial by wind- and water-
borne sediments; small population sizes; susceptibility to genetic 
drift and inbreeding; and the potential for hybridization with two 
other species of Artemisia. Ongoing conservation actions have reduced 
trampling, but have not eliminated or reduced the other threats at the 
Grant County site. Active conservation measures are not currently in 
place at the Klickitat County site. The magnitude of threat is high for 
this subspecies because, although the two remaining populations are 
widely separated and distributed, one or both populations

[[Page 69265]]

could be eliminated by a single disturbance. The threats are imminent 
because recreational use is ongoing, invasive nonnative species occur 
at both sites, erosion of the substrate is ongoing at the Klickitat 
County site, and high water flows are random, naturally occurring 
events that may occur unpredictably in any year. Therefore, we have 
retained an LPN of 3 for this subspecies.
    Astragalus anserinus (Goose Creek milkvetch)--The following summary 
is based on information in our files and in the petition received on 
February 3, 2004. The majority (over 80 percent) of Astragalus 
anserinus sites in Idaho, Utah, and Nevada occur on Federal lands 
managed by the BLM. The rest of the sites occur as small populations on 
private and State lands in Utah and on private land in Idaho and 
Nevada. A. anserinus occurs in a variety of habitats, but is typically 
associated with dry tuffaceous soils from the Salt Lake Formation. The 
species grows on steep or flat sites, with soil textures ranging from 
silty to sandy to somewhat gravelly. The species tolerates some level 
of disturbance, based on its occurrence on steep slopes where downhill 
movement of soil is common. Threats to remaining A. anserinus 
individuals include future habitat degradation and modifications to the 
ecosystem in which it occurs because of an altered wildfire regime. 
Approximately 98 percent of the individual plants that were previously 
documented in the areas burned by a 2007 wildfire were killed. Other 
factors that may threaten A. anserinus to a lesser extent include 
livestock use and the inadequacy of regulatory mechanisms. Climate 
change effects to Goose Creek drainage habitats are possible, but we 
are unable to predict the specific impacts of this change to A. 
anserinus at this time. Threats are high in magnitude since these 
threats have the potential to destroy whole populations. The threats 
are nonimminent since they may occur in the foreseeable future but not 
in the near future. Thus, we have assigned A. anserinus an LPN of 5.
    Astragalus tortipes (Sleeping Ute milkvetch)--The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Sleeping Ute 
milkvetch is a perennial plant that grows only on the Smokey Hills 
layer of the Mancos Shale Formation on the Ute Mountain Ute Indian 
Reservation in Montezuma County, Colorado. In 2000, 3,744 plants were 
recorded at 24 locations covering 500 acres within an overall range of 
64,000 acres. Available information from 2000 indicates that the 
species remains stable. Previous and ongoing threats from borrow pit 
excavation, off-highway vehicles, irrigation canal construction, and a 
prairie dog colony have had minor impacts that reduced the range and 
number of plants by small amounts. Off-highway-vehicle use of the 
habitat has reportedly been controlled by fencing. Oil and gas 
development is active in the general area, but the Service has received 
no information to indicate whether there is development within plant 
habitat. The Tribe reported that the status of the species remains 
unchanged, the population is healthy, and that a management plan for 
the species is currently in draft form. Despite these positive 
indications, we have no documentation concerning the current status of 
the plants, condition of habitat, and terms of the species management 
plan being drafted by the Tribe. Thus, at this time, we cannot 
accurately assess whether populations are being adequately protected 
from previously existing threats. The threats are moderate in 
magnitude, since they have had minor impacts. Based on information we 
have, the population appears to be stable. Until the management plan is 
completed and made available, there are no regulatory mechanisms in 
place to protect the species. Overall, we conclude threats are 
nonimminent. Therefore, we assigned an LPN of 11 to this species.
    Bidens amplectens (Kookoolau)--We continue to find that listing 
this species is warranted but precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 12-
month petition finding.
    Bidens campylotheca ssp. pentamera (Kookoolau)--We continue to find 
that listing this species is warranted but precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted 12-month petition finding.
    Bidens campylotheca ssp. waihoiensis (Kookoolau)--We continue to 
find that listing this species is warranted but precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted 12-month petition finding.
    Bidens conjuncta (Kookoolau)--We continue to find that listing this 
species is warranted but precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted 12-month 
petition finding.
    Bidens micrantha ssp. ctenophylla (Kookoolau)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Bidens micrantha ssp. ctenophylla is a perennial herb found in open 
mixed shrubland to dry Metrosideros (ohia) forest, and in recently 
deposited a`a lava, on the island of Hawaii, Hawaii. This subspecies is 
known from 4 populations totaling approximately 360 individuals. Bidens 
micrantha ssp. ctenophylla is threatened by competition with nonnative 
plants, and is potentially threatened by habitat loss due to urban 
development and fire. One wild population of 5 individuals is protected 
by an exclosure, and three outplanted populations are protected by 
exclosures. The remaining natural populations are not protected or 
managed and are subject to development. The threats are high in 
magnitude because the largest population of this subspecies is highly 
threatened by urban development and all populations are threatened by 
fire and nonnative plants, leading to a relatively high likelihood of 
extinction. Bidens micrantha ssp. ctenophylla is represented in ex situ 
collections. Threats to this subspecies from competition with nonnative 
plants are imminent. Urban development and fire are potential threats 
and are non-imminent. Therefore, we retained an LPN of 3 for this 
subspecies.
    Brickellia mosieri (Florida brickell-bush)--The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. This species is 
restricted to pine rocklands of Miami-Dade County, Florida. This 
habitat requires periodic prescribed fires to maintain the low 
understory and prevent encroachment by native tropical hardwoods and 
exotic plants, such as Brazilian pepper. Only one large occurrence is 
known to exist; 15 other occurrences contain less than 100 individuals. 
Eleven occurrences are on conservation lands, while the rest of the 
extant populations are on private land and are currently vulnerable to 
habitat loss and degradation.
    Climatic changes and sea-level rise are long-term threats that will 
reduce the extent of habitat. This species is threatened by habitat 
loss, which is exacerbated by habitat degradation due to fire 
suppression, the difficulty of applying prescribed fire to pine 
rocklands, and threats from exotic plants. Remaining habitats are

[[Page 69266]]

fragmented. The species is vulnerable to natural disturbances, such as 
hurricanes, tropical storms, and storm surges. Due to its restricted 
range and the small sizes of most isolated occurrences, this species is 
vulnerable to environmental (catastrophic hurricanes), demographic 
(potential episodes of poor reproduction), and genetic (potential 
inbreeding depression) threats. Ongoing conservation efforts include 
projects aimed at facilitating restoration and management of public and 
private lands in Miami-Dade County and projects to reintroduce and 
establish new populations at suitable sites within the species' 
historical range. The Service is also pursuing additional habitat 
restoration projects, which could help further improve the status of 
the species. Because of these efforts, the overall magnitude of threats 
is moderate. The threats are ongoing and thus imminent. We assigned 
this species an LPN of 8.
    Calamagrostis expansa (Maui reedgrass)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Calamagrostis 
expansa is a perennial grass found in wet forest and bogs, and in bog 
margins, on the islands of Maui and Hawaii, Hawaii. This species is 
known from 13 populations totaling fewer than 750 individuals. 
Calamagrostis expansa is threatened by habitat degradation and loss by 
feral pigs, and by competition with nonnative plants. Predation by 
feral pigs is a potential threat to this species. All of the known 
populations of C. expansa on Maui occur in managed areas. Pig exclusion 
fences have been constructed and control of nonnative plants is ongoing 
within the exclosures. On the island of Hawaii, fencing is planned for 
the population in the Upper Waiakea Forest Reserve. This species is 
represented in an ex situ collection. Threats to this species from 
feral pigs and nonnative plants are ongoing, or imminent, and of high 
magnitude because they significantly affect the species throughout its 
range, leading to a relatively high likelihood of extinction. Predation 
is a nonimminent threat. Therefore, we retained an LPN of 2 for this 
species.
    Calamagrostis hillebrandii (Hillebrand's reedgrass)--We continue to 
find that listing this species is warranted but precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted 12-month petition finding.
    Calochortus persistens (Siskiyou mariposa lily)--The following 
summary is based on information contained in our files and the petition 
we received on September 10, 2001. The Siskiyou mariposa lily is a 
narrow endemic that is restricted to three disjunct ridge tops in the 
Klamath-Siskiyou Range on the California-Oregon border. The 
southernmost occurrence of this species is composed of nine separate 
sites on approximately 10 hectares (ha) (24.7 acres (ac)) of Klamath 
National Forest and privately owned lands that stretch for 6 kilometers 
(km) (3.7 miles (mi)) along the Gunsight-Humbug Ridge, Siskiyou County, 
California. In 2007, a new occurrence was confirmed in the locality of 
Cottonwood Peak and Little Cottonwood Peak, Siskiyou County, where 
several populations are distributed over 164 ha (405 ac) on three 
individual mountain peaks in the Klamath National Forest and on private 
lands. The northernmost occurrence consists of not more than five 
Siskiyou mariposa lily plants that were discovered in 1998, on Bald 
Mountain, west of Ashland, Jackson County, Oregon.
    Major threats include competition and shading by native and 
nonnative species fostered by suppression of wild fire; increased fuel 
loading and subsequent risk of wild fire; fragmentation by roads, fire 
breaks, tree plantations, and radio-tower facilities; maintenance and 
construction around radio towers and telephone relay stations located 
on Gunsight Peak and Mahogany Point; and soil disturbance, direct 
damage, and exotic weed and grass species introduction as a result of 
heavy recreational use and construction of fire breaks. Dyer's woad 
(Isatis tinctoria), an invasive, nonnative plant that may prevent 
germination of Siskiyou mariposa lily seedlings, is now found 
throughout the southernmost California occurrence, affecting 75 percent 
of the known lily habitat on Gunsight-Humbug Ridge. Forest Service 
staff and the Klamath-Siskiyou Wildlands Center cite competition with 
dyer's woad as a significant and chronic threat to the survival of 
Siskiyou mariposa lily.
    The combination of restricted range, extremely low numbers (five 
plants) in one of three disjunct populations, poor competitive ability, 
short seed dispersal distance, slow growth rates, low seed production, 
apparently poor survival rates in some years, herbivory, habitat 
disturbance, and competition from exotic plants threaten the continued 
existence of this species. These threats are of high magnitude because 
of their potential to severely reduce the overall survival of the 
species. Because the threats of competition from exotic plants are 
being addressed, they are not anticipated to overwhelm a large portion 
of the species' range in the immediate future, and the threats from low 
seed production and survival are longer-term threats, overall the 
threats are nonimminent. Therefore, we assigned a listing priority 
number of 5 to this species.
    Canavalia pubescens (Awikiwiki)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Canavalia pubescens is a 
perennial climber found in open lava fields and lowland dryland forest 
in Hawaii on the island of Maui, last observed on the island of Lanai 
in 1998, and was last observed on the island of Niihau in 1949. This 
species is known from 5 populations totaling 360 to 500 individuals. 
Canavalia pubescens is threatened by development (Maui), goats (Maui) 
and axis deer (Maui and Lanai) that degrade and destroy habitat, and by 
nonnative plants that outcompete and displace native plants (both 
islands). Fire is a possible threat at the Keokea population on Maui. 
Ungulate exclosure fences protect 6 individuals of C. pubescens at 
Papaka Kai and 20 to 30 individuals at Ahihi-Kinau NAR, and weed 
control is ongoing at these locations on Maui. This species is 
represented in ex situ collections. Threats to this species from feral 
goats, axis deer, and nonnative plants are ongoing, or imminent, and of 
high magnitude because they severely affect the species throughout its 
range, leading to a relatively high likelihood of extinction. Fire is a 
nonimminent threat. Therefore, we retained an LPN of 2 for this 
species.
    Castilleja christii (Christ's paintbrush)--The following summary is 
based on information contained in our files and the petition we 
received on January 2, 2001. Castilleja christii is found in one 
population covering approximately 85 ha (220 ac) on the summit of Mount 
Harrison in Cassia County, Idaho. This endemic species is considered a 
hemiparasite (dependent on the health of their surrounding native plant 
community), and it grows in association with subalpine-meadow and 
sagebrush habitats. The population may be large (greater than 10,000 
individual plants); however, the species is considered to be subject to 
large variations in annual abundance and an accurate current population 
estimate is not available. Monitoring indicates that reproductive stems 
per plant and plant density declined between 1995 and 2007. 
Fluctuations have occurred since

[[Page 69267]]

2007, with slight increases in reproductive output and density in 2008 
and decreases in 2009.
    The primary threat to the species is the nonnative invasive plant 
smooth brome (Bromus inermis). Despite cooperative Forest Service and 
Service efforts to control smooth brome in 2007, 2008, and 2009, it 
still persists in C. christii habitats. Other threats to C. christii 
from recreational use and livestock trespass appear to be mostly 
seasonal and affect only a small portion of the population, and may not 
occur every year. The magnitude of the threats to this species is 
moderate at this time because, although the smooth brome control 
efforts have not eliminated the invasive plant, the Service and Forest 
Service are continuing their efforts in order to conserve this species. 
The threat from smooth brome is imminent because the threat still 
persists at a level that affects the native plant communities that 
provide habitat for C. christii. Thus, we assign an LPN of 8 to this 
species.
    Chamaecrista lineata var. keyensis (Big Pine partridge pea)--The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. This pea is endemic to the lower Florida Keys, and restricted to 
pine rocklands, hardwood hammock edges, and roadsides and firebreaks 
within these ecosystems. Historically, it was known from Big Pine, 
Cudjoe, No Name, Ramrod, and Little Pine Keys (Monroe County, Florida). 
In 2005, a small population was detected on lower Sugarloaf Key, but 
this population was apparently extirpated later in 2005, due to the 
effects of Hurricane Wilma. It presently occurs on Big Pine Key, with a 
very small population on Cudjoe Key. It is fairly well distributed in 
Big Pine Key pine rocklands, which encompass approximately 580 hectares 
(1,433 acres), approximately 360 hectares (890 acres) of which are 
within the Service's National Key Deer Refuge (NKDR). Over 80 percent 
of the population probably exists on NKDR, with the remainder 
distributed among State, County, and private properties. Hurricane 
Wilma (October 2005) resulted in a storm surge that covered most of Big 
Pine Key with sea water. The surge reduced the population by as much as 
95 percent in some areas.
    Pine rockland communities are maintained by relatively frequent 
fires. In the absence of fire, shrubs and trees encroach on pine 
rockland and this subspecies is eventually shaded out. NKDR has a 
prescribed fire program, although with many constraints on 
implementation. Habitat loss due to development was historically the 
greatest threat to the pea. Much of the remaining habitat is now 
protected on public lands. Absence of fire now appears to be the 
greatest of the deterministic threats. Given the recent increase in 
hurricane activity, storm surges are the greatest of the stochastic 
threats. The small range and patchy distribution of the subspecies 
increase risk from stochastic events. Climatic changes and sea level 
rise are serious long-term threats. Models indicate that even under the 
best of circumstances, a significant proportion of upland habitat will 
be lost on Big Pine Key by 2100. Additional threats include restricted 
range, invasive exotic plants, roadside dumping, loss of pollinators, 
seed predators, and development.
    We maintain the previous assessment that hurricane storm surges, 
lack of fire, and limited distribution results in a moderate magnitude 
of threat because a large part of the range is on conservation lands 
wherein threats are being controlled, although fire management is at 
much slower rate than is required. The immediacy of hurricane threats 
is difficult to characterize, but imminence is considered high given 
that hurricanes (and storm surges) of various magnitudes are frequent 
and recurrent events in the area. Sea-level rise remains uncontrolled, 
but overall, is nonimminent. Overall, the threats from limited 
distribution and inadequate fire management are imminent since they are 
ongoing. In addition, the most consequential threats (hurricanes, storm 
surges) are frequent, recurrent, and imminent. Therefore, we retained 
an LPN of 9 for Big Pine partridge pea.
    Chamaesyce deltoidea ssp. pinetorum (Pineland sandmat)--The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. The pineland sandmat in only known from Miami-Dade County, 
Florida. The largest occurrence, estimated at more than 10,000 plants, 
is located on Long Pine Key within Everglades National Park. All other 
occurrences are smaller and are in isolated pine rockland fragments in 
heavily urbanized Miami-Dade County.
    Occurrences on private (non-conservation) lands and on one County-
owned parcel are at risk from development and habitat degradation and 
fragmentation. Conditions related to climate change, particularly sea-
level rise, will be a factor over the long term. All occurrences of the 
species are threatened by habitat loss and degradation due to fire 
suppression, the difficulty of applying prescribed fire, and exotic 
plants. These threats are severe within small and unmanaged fragments 
in urban areas. However, the threats of fire suppression and exotics 
are reduced on lands managed by the National Park Service. Hydrologic 
changes are considered to be another threat. Hydrology has been altered 
within Long Pine Key due to artificial drainage, which lowered ground 
water, and by the construction of roads, which either impounded or 
diverted water. Regional water management intended to restore the 
Everglades could negatively affect the pinelands of Long Pine Key in 
the future. At this time, we do not know whether the proposed 
restoration and associated hydrological modifications will have a 
positive or negative effect on pineland sandmat. This narrow endemic 
may be vulnerable to catastrophic events and natural disturbances, such 
as hurricanes. Overall, the magnitude of threats to this species is 
moderate; by applying regular prescribed fire, the National Park 
Service has kept Long Pine Key's pineland vegetation intact and 
relatively free of exotic plants, and partnerships are in place to help 
address the continuing threat of exotics on other pine rockland 
fragments. Overall, the threats are non-imminent since fire management 
at the largest occurrence is regularly conducted and sea-level rise and 
hurricanes are longer-term threats. Therefore, we assigned an LPN of 12 
to this subspecies.
    Chamaesyce deltoidea ssp. serpyllum (Wedge spurge)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Systematic surveys of publicly owned pine rockland throughout this 
plant's range were conducted during 2005-2006 and 2007-2008 to 
determine population size and distribution. Wedge spurge is a small 
prostrate herb. It was historically, and remains, restricted to pine 
rocklands on Big Pine Key in Monroe County, Florida. Pine rocklands 
encompass approximately 580 hectares (1,433 acres) on Big Pine Key, 
approximately 360 hectares (890 acres) of which are within the 
Service's National Key Deer Refuge (NKDR). Most of the species' range 
falls within the NKDR, with the remainder on State, County, and private 
properties. It is not widely dispersed within the limited range. 
Occurrences are sparser in the southern portion of Big Pine Key, which 
contains smaller areas of NKDR lands than does the northern portion. 
Wedge spurge inhabits sites with low woody cover (e.g., low palm and 
hardwood

[[Page 69268]]

densities) and usually, exposed rock or gravel.
    Pine rockland communities are maintained by relatively frequent 
fires. In the absence of fire, shrubs and trees encroach on pine 
rockland and the subspecies is eventually shaded out. NKDR has a 
prescribed fire program, although with many constraints on 
implementation. Habitat loss due to development was historically the 
greatest threat to the wedge spurge. Much of the remaining habitat is 
now protected on public lands. Absence of fire now appears to be the 
greatest of the deterministic threats. Given the recent increase in 
hurricane activity, storm surges are the greatest of the stochastic 
threats. The small range and patchy distribution of the subspecies 
increases risk from stochastic events. Climatic changes and sea-level 
rise are serious long-term threats. Models indicate that even under the 
best of circumstances, a significant proportion of upland habitat will 
be lost on Big Pine Key by 2100. Additional threats include restricted 
range, invasive exotic plants, roadside dumping, loss of pollinators, 
seed predators, and development.
    We maintain the previous assessment that low fire return intervals 
plus hurricane-related storm surges, in combination with a limited, 
fragmented distribution and threats from sea level rise, result in a 
moderate magnitude of threat, in part, because a large part of the 
range is on conservation lands, where some threats can be substantially 
controlled. The immediacy of hurricane threats is difficult to 
categorize, but in this case threats are imminent given that hurricanes 
(and storm surges) of various magnitudes are frequent and recurrent 
events in the area. Sea level rise remains uncontrolled, but over much 
of the range is nonimminent compared to other prominent threats. 
Threats resulting from limited fire occurrences are imminent. Since 
major threats are ongoing, overall, the threats are imminent. 
Therefore, we retained an LPN of 9 for this subspecies.
    Chorizanthe parryi var. fernandina (San Fernando Valley 
spineflower)--The following summary is based on information contained 
in our files and the petition we received on December 14, 1999. 
Chorizanthe parryi var. fernandina is a low-growing herbaceous annual 
plant in the buckwheat family. Germination occurs following the onset 
of late-fall and winter rains and typically represents different 
cohorts from the seed bank. Flowering occurs in the spring, generally 
between April and June. The plant currently is known from two disjunct 
localities: The first is in the southeastern portion of Ventura County 
on a site within the Upper Las Virgenes Canyon Open Space Preserve, 
formerly known as Ahmanson Ranch, and the second is in an area of 
southwestern Los Angeles County known as Newhall Ranch. Investigations 
of historical locations and seemingly suitable habitat within the range 
of the species have not revealed any other occurrences.
    The threats currently facing Chorizanthe parryi var. fernandina 
include threatened destruction, modification, or curtailment of its 
habitat or range, and other natural or manmade factors. The threats to 
Chorizanthe parryi var. fernandina from habitat destruction or 
modification are slightly less than they were 6 years ago. One of the 
two populations (Upper Las Virgenes Canyon Open Space Preserve) is in 
permanent, public ownership and is being managed by an agency that is 
working to conserve the plant; however, the use of adjacent habitat for 
filming movies was brought to our attention last year; while we are 
monitoring the situation, we have not yet completed our evaluation of 
the potential impacts to Chorizanthe parryi var. fernandina. We will be 
working with the landowners to manage the site for the benefit of 
Chorizanthe parryi var. fernandina. The other population (Newhall 
Ranch) is under the threat of development; however, a Candidate 
Conservation Agreement (CCA) is being developed with the landowner, and 
it is possible that the remaining plants can also be conserved. Until 
such an agreement is finalized, the threat of development and the 
potential damage to the Newhall Ranch population still exists, as shown 
by the destruction of some plants during installation of an agave farm. 
Furthermore, cattle grazing on Newhall Ranch may be current threat. 
Cattle grazing may harm Chorizanthe parryi var. fernandina by trampling 
and soil compaction. Grazing activity could also alter the nutrient 
content of the soils Chorizanthe parryi var. fernandina habitat through 
fecal inputs, which in turn may favor the growth of other plant species 
that would otherwise not grow so readily on the mineral-based soils. 
Over time, changes in species composition may render the sites less 
favorable for the persistence of Chorizanthe parryi var. fernandina. 
Chorizanthe parryi var. fernandina may be threatened by invasive 
nonnative plants, including grasses, which could potentially displace 
it from available habitat; compete for light, water, and nutrients; and 
reduce survival and establishment.
    Chorizanthe parryi var. fernandina is particularly vulnerable to 
extinction due to its concentration in two isolated areas. The 
existence of only two areas of occurrence, and a relatively small 
range, makes the variety highly susceptible to extinction or 
extirpation from a significant portion of its range due to random 
events such as fire, drought, erosion, or other occurrences. We 
retained a listing priority number of 6 for Chorizanthe parryi var. 
fernandina due to high magnitude of nonimminent threats.
    Chromolaena frustrata (Cape Sable thoroughwort)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
This species is found most commonly in open sun to partial shade at the 
edges of rockland tropical hammock and in coastal rock barrens. There 
are nine extant occurrences located on five islands in the Florida Keys 
and one small area in Everglades National Park (ENP). In the Keys, the 
plant has been extirpated from half of the islands where it occurred. 
Prior to Hurricane Wilma in 2005, the population was estimated at 
roughly 5,000 individuals, with all but 500 occurring on one privately 
owned island. An estimated 1,500 plants occur on the mainland within 
ENP.
    This species is threatened by habitat loss and modification, even 
on public lands, and habitat loss and degradation due to threats from 
exotic plants at almost all sites. The species is vulnerable to natural 
disturbances, such as hurricanes, tropical storms, and storm surges. 
While these factors may also work to maintain coastal rock barren 
habitat in the long term, Hurricane Wilma affected occurrences and 
habitat, at least in the short term. Occurrences probably initially 
declined due to inundation of its coastal barren and rockland hammock 
habitats; long-term effects on this species are unknown. Cape Sable 
thoroughwort appears to be vulnerable to cold temperatures. It is not 
known to what extent cold temperatures in January 2010 may have 
affected the species at most locations, or what, if any, long-term 
effect this may have on the population. Sea level rise is considered a 
major threat over the long term. Potential effects from other changes 
in freshwater deliveries and the construction of the Buttonwood Canal 
are unknown. Problems associated with small population size and 
isolation are likely major factors, as occurrences may not be large 
enough to be viable; this narrowly endemic plant has uncertain 
viability at most locations. Thus, these factors constitute a high 
magnitude of threat. The threats of small population size, isolation, 
and uncertain viability

[[Page 69269]]

are imminent because they are ongoing. As a result, we assigned an LPN 
of 2 to this species.
    Consolea corallicola (Florida semaphore cactus)--The following 
summary is based on information in our files. No new information was 
provided in the petition we received on May 11, 2004. The Florida 
semaphore cactus is endemic to the Florida Keys, and was discovered on 
Big Pine Key in 1919, but that population was extirpated as a result of 
road building and poaching. This cactus grows close to salt water on 
bare rock with a minimum of humus soil cover in or along the edges of 
hammocks near sea level. The species is known to occur naturally only 
in two areas, Swan Key within Biscayne National Park and Little Torch 
Key. Outplantings have been attempted in several locations in the upper 
and lower Keys; however, success has been low. Few plants remain in the 
population at The Nature Conservancy's Torchwood Hammock Preserve on 
Little Torch Key. During monitoring work conducted in 2005, a total of 
655 plants were documented at the Swan Key population. In 2008 and 2009 
the population was estimated by Biscayne National Park staff to consist 
of approximately 600 individuals. Asexual reproduction is the main life 
history strategy of this species. Recent genetic studies have shown no 
variation within populations and very limited variation between 
populations. Findings support the conclusion that the Swan Key (upper 
Keys) and Little Torch Key (lower Keys) populations and an individual 
plant from Big Pine Key (single plant in ex situ collection; lower 
Keys) are clonally derived. Studies examining the reproductive biology 
of the species indicate that all extant wild and cultivated plants are 
male.
    The causes for the population decline of this species include 
destruction or modification of habitat, predation from nonnative 
Cactoblastis cactorum moths and disease, poaching and vandalism, sea 
level rise, and hurricanes. Sea level rise is considered a serious 
threat to the species and its habitat; all extant populations are 
located in low-lying areas. All remaining populations are under threat 
of predation from the exotic moth and are susceptible to root-rot 
disease. Competition from invasive exotic plants is a threat at Swan 
Key; however, efforts by Biscayne National Park are underway to address 
this threat. This species is inherently vulnerable to stochastic 
losses, especially at its smaller populations. A lack of variation and 
limited sexual reproduction makes the remaining small population even 
more susceptible to natural or manmade factors. Overall, the magnitude 
of threats is high. The numerous threats are ongoing and therefore, are 
imminent. Thus, we assigned this species an LPN of 2.
    Cordia rupicola (no common name)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Cordia rupicola, a small 
shrub, has been described from southwestern Puerto Rico, Vieques 
Island, and Anegada Island (British Virgin Islands). All sites lay 
within the subtropical dry forest life zone overlying a limestone 
substrate. Cordia rupicola has a restricted distribution. Currently, 
approximately 226 individuals are known from 3 locations in Puerto 
Rico: Pe[ntilde]uelas and Gu[aacute]nica Commonwealth Forests and 
Vieques National Wildlife Refuge. The species is reported as common in 
Anegada.
    This species is threatened by maintenance of trails and power line 
right-of-ways in the Gu[aacute]nica Commonwealth Forest, residential 
development in Pe[ntilde]uelas, and residential and commercial 
development in Anegada Island. This species is also vulnerable to 
natural (e.g., hurricanes) or manmade (e.g., human-induced fires) 
threats. Approximately 68 percent of the currently known reproductive 
adults are located in the Gu[aacute]nica Commonwealth Forest where, due 
to the difficulty in identifying this species, it is threatened by 
management and maintenance activities; another 32 percent of the 
currently known reproductive adults in Puerto Rico are located on 
privately owned property currently threatened by habitat destruction or 
modification. For these reasons, we conclude that the magnitude of the 
current threats is high. The threats this species faces are ones that 
are likely to increase in the future if conservation measures are not 
implemented and long-term impacts are not averted. For these reasons, 
we conclude threats to the species as a whole are nonimminent, and 
therefore have assigned an LPN of 5.
    Cyanea asplenifolia (Haha)--We continue to find that listing this 
species is warranted but precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted 12-month 
petition finding.
    Cyanea calycina (Haha)--We continue to find that listing this 
species is warranted but precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted petition 
12-month finding.
    Cyanea kunthiana (Haha)--We continue to find that listing this 
species is warranted but precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted 12-month 
petition finding.
    Cyanea lanceolata (Haha)--We continue to find that listing this 
species is warranted but precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted 12-month 
petition finding.
    Cyanea obtusa (Haha)--We continue to find that listing this species 
is warranted but precluded as of the date of publication of this 
notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted 12-month 
petition finding.
    Cyanea tritomantha ('Aku)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Cyanea tritomantha is a palm-
like tree found in Metrosideros-Cibotium (ohia-hapuu) montane wet 
forest on the island of Hawaii, Hawaii. This species is known from 16 
populations totaling fewer than 300 individuals. Cyanea tritomantha is 
threatened by feral pigs and cattle that degrade and destroy habitat, 
and nonnative plants that outcompete and displace it. Potential threats 
to this species include predation by feral pigs, cattle, rats, and 
slugs, and human trampling of plants located near trails. Feral pigs 
and cattle have been fenced out of three outplanted populations of C. 
tritomantha, and nonnative plants have been reduced in the fenced 
areas; however, there are no efforts to control the ongoing and 
imminent threats to the remaining populations. The threats continue to 
be of a high magnitude to C. tritomantha because they significantly 
affect the species resulting in direct mortality or reduced 
reproductive capacity, leading to a relatively high likelihood of 
extinction. They are ongoing and therefore imminent for more than 75 
percent of the population where no control measures have been 
implemented. Because the threats continue to be of a high magnitude and 
are imminent for the unmanaged populations, we retained an LPN of 2 for 
this species.
    Cyrtandra filipes (Haiwale)--We continue to find that listing this 
species is warranted but precluded as of the

[[Page 69270]]

date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted 12-month petition finding.
    Cyrtandra kaulantha (Haiwale)--We continue to find that listing 
this species is warranted but precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 12-
month petition finding.
    Cyrtandra oxybapha (Haiwale)--We continue to find that listing this 
species is warranted but precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted 12-month 
petition finding.
    Cyrtandra sessilis (Haiwale)--We continue to find that listing this 
species is warranted but precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted 12-month 
petition finding.
    Dalea carthagenensis ssp. floridana (Florida prairie-clover)--The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. Dalea carthagenensis var. floridana occurs in Big Cypress 
National Preserve (BCNP) in Monroe and Collier Counties and at six 
locations within Miami-Dade County, Florida, albeit mostly in limited 
numbers. There are a total of nine extant occurrences, seven of which 
are on conservation lands.
    Existing occurrences are extremely small and may not be viable, 
especially some of the occurrences in Miami-Dade County. Remaining 
habitats are fragmented. Climatic changes and sea-level rise are long-
term threats that are expected to reduce the extent of habitat. This 
plant is threatened by habitat loss and degradation due to fire 
suppression, the difficulty of applying prescribed fire to pine 
rocklands, and threats from exotic plants. Damage to plants by off-road 
vehicles is a serious threat within the BCNP; damage attributed to 
illegal mountain biking at the R. Hardy Matheson Preserve has been 
reduced. One location within BCNP is threatened by changes in mowing 
practices; this threat is low in magnitude. This species is being 
parasitized by the introduced insect lobate lac scale (Paratachardina 
pseudolobata) at some localities (e.g., R. Hardy Matheson Preserve), 
but we do not know the extent of this threat. This plant is vulnerable 
to natural disturbances, such as hurricanes, tropical storms, and storm 
surges. Due to its restricted range and the small sizes of most 
isolated occurrences, this species is vulnerable to environmental 
(catastrophic hurricanes), demographic (potential episodes of poor 
reproduction), and genetic (potential inbreeding depression) threats. 
The magnitude of threats is high because of the limited number of 
occurrences and the small number of individual plants at each 
occurrence. The threats are imminent; even though many sites are on 
conservation lands, these plants still face significant ongoing 
threats. Therefore, we have assigned an LPN of 3 to this subspecies.
    Dichanthelium hirstii (Hirsts' panic grass)--The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Dichanthelium 
hirstii is a perennial grass that produces erect leafy flowering stems 
from May to October. Dichanthelium hirstii occurs in coastal plain 
intermittent ponds, usually in wet savanna or pine barren habitats and 
is found at only two sites in New Jersey, one site in Delaware, and one 
site in North Carolina. While all four extant D. hirstii populations 
are located on public land or privately owned conservation lands, 
natural threats to the species from encroaching vegetation and 
fluctuations in climatic conditions remain of concern and may be 
exacerbated by anthropomorphic factors occurring adjacent to the 
species' wetland habitat. Given the low numbers of plants found at each 
site, even minor changes in the species' habitat could result in local 
extirpation. Loss of any known sites could result in a serious 
contraction of the species' range. However, the most immediate and 
severe of the threats to this species (i.e., ditching of the Labounsky 
Pond site, and encroachment of aggressive vegetative competitors) have 
been curtailed or are being actively managed by The Nature Conservancy 
at one New Jersey site and by the Delaware Division of Fish and 
Wildlife and Delaware Natural Heritage Program at the Assawoman Pond, 
Delaware site. Based on nonimminent threats of a high magnitude, we 
retain an LPN of 5 for this species.
    Digitaria pauciflora (Florida pineland crabgrass)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Pine rocklands in Miami-Dade County have largely been destroyed by 
residential, commercial, and urban development and agriculture. With 
most remaining habitat having been negatively altered, this species has 
been extirpated from much of its historical range, including 
extirpation from all areas outside of National Parks. Two large 
occurrences remain within Everglades National Park and Big Cypress 
National Preserve; plants on Federal lands are protected from the 
threat of habitat loss due to development. However, any unknown plants, 
indefinite occurrences, and suitable habitat remaining on private or 
non-conservation land are threatened by development. Continued 
development of suitable habitat diminishes the potential for 
reintroduction into its historical range. Extant occurrences are in 
low-lying areas and will be affected by climate change and rising sea 
level.
    Fire suppression, the difficulty of applying prescribed fire to 
pine rocklands, and threats from exotic plants are ongoing threats. 
Since the only known remaining occurrences are on lands managed by the 
National Park Service, the threats of fire suppression and exotics are 
somewhat reduced. The presence of the exotic Old World climbing fern is 
of particular concern due to its ability to spread rapidly. In Big 
Cypress National Preserve, plants are threatened by off-road-vehicle 
use. Changes to hydrology are a potential threat. Hydrology has been 
altered within Long Pine Key due to artificial drainage, which lowered 
ground water, and construction of roads, which either impounded or 
diverted water. Regional water management intended to restore the 
Everglades has the potential to affect the pinelands of Long Pine Key, 
where a large population occurs. At this time, it is not known whether 
Everglades restoration will have a positive or negative effect. This 
narrow endemic may be vulnerable to catastrophic events and natural 
disturbances, such as hurricanes. Overall, the magnitude of threats is 
high. Only two known occurrences remain and the likelihood of 
establishing a sizable population on other lands is diminished due to 
continuing habitat loss. Impacts from climate change and sea level rise 
are currently low, but expected to be severe in the future. The 
majority of threats are nonimminent as they are long-term in nature 
(water management, hurricanes, and sea-level rise). Therefore, we 
assigned an LPN of 5 for this species.
    Echinomastus erectocentrus var. acunensis (Acuna cactus)--The 
following summary is based on information contained in our files and 
the petition we received on October 30, 2002. The Acuna cactus is known 
from six sites on well-drained gravel ridges and knolls on granite 
soils in Sonoran Desert scrub association at 1,300 to 2,000 feet in 
elevation. Habitat

[[Page 69271]]

destruction has been a threat in the past and is a potential future 
threat to this species. New roads and illegal activities have not yet 
directly affected the cactus populations at Organ Pipe Cactus National 
Monument, but areas in close proximity to these known populations have 
been altered. Cactus populations located in the Florence area have not 
been monitored and these populations may be in danger of habitat loss 
due to recent urban growth in the area. Urban development near Ajo, 
Arizona, as well as that near Sonoyta, Mexico, is a significant threat 
to the Acuna cactus. Populations of the Acuna cactus within the Organ 
Pipe Cactus National Monument have shown a 50-percent mortality rate in 
recent years. The reason(s) for the mortality are not known, but 
continuing drought conditions are thought to play a role. The Arizona 
Plant Law and the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora provide some protection for the Acuna 
cactus. However, illegal collection is a primary threat to this cactus 
variety and has been documented on the Organ Pipe Cactus National 
Monument in the past. The threats continue to be of a high magnitude 
because drought, as the main threat, severely affects the long-term 
viability of this variety. The threats are imminent, mainly due to the 
continued decline of the species, most likely from effects from the 
ongoing drought. Conditions in 2006 to 2008 worsened, and the drought 
is prevalent throughout the range of this variety. Therefore, we 
assigned an LPN of 3 to this cactus variety.
    Erigeron lemmonii (Lemmon fleabane)--The following summary is based 
on information contained in our files and the petition we received in 
July 1975. The species is known from one site in a canyon in the Fort 
Huachuca Military Reservation (Fort Huachuca) of southeastern Arizona. 
In the 1990s, surveys found approximately 450 plants. A survey in 2006 
found approximately 950 plants; occupied habitat encompasses about 1 
square kilometer. The threats to this species are from catastrophic 
wildfire in the canyon and on-going drought conditions. We do not know 
if this species has any adaptations to fire. Due to its location on 
cliffs, we suspect that fires that may have occurred at more regular 
intervals and burned at low intensities may have had little to no 
effect on this species. Lack of fire and the accumulated fuel load that 
lead to high fire intensity and associated heat may now damage or kill 
plants on adjacent cliffs, especially near the ground. Plants that are 
much higher on the cliff face would probably not be affected. The 
magnitude of threats is moderate rather than high because it is likely 
that not all of the population would be adversely affected by a 
wildfire or drought. The threats are still imminent because the 
likelihood of a fire is high. The LPN for Lemmon fleabane remains an 8 
due to moderate, imminent threats.
    Eriogonum codium (Umtanum Desert buckwheat)--The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. This species is a 
long-lived, slow-growing, woody perennial plant that forms low dense 
mats. The species occupies a single location on the Hanford National 
Monument in Washington State. It is found only on an exposed basalt 
ridge; we do not know if this association is related to the chemical or 
physical characteristics of the bedrock or other factors. Individual 
plants may exceed 100 years of age, based on counts of annual growth 
rings. A count in 1997 reported 5,228 individuals; by 2005 the figure 
had dropped to 4,418, declining 15 percent over 8 years. In the summer 
of 2011, another full population census will likely be undertaken, 
providing a useful measure of change over the last 14 years.
    A population viability analysis in 2006 based on 9 years of 
demographic data estimated that that there is a 72 percent chance of a 
decline of 50 percent within the next 100 years. Another analysis is 
expected in 2010, based on 12 years of demographic monitoring.
    The major threats to the species are wildfire, firefighting 
activities, trampling, and invasive weeds. However, the relationship 
between the decline in population numbers and the known threats is not 
understood at this time. With the possible exception of wildfire, the 
observed decline in population numbers and recruitment since 1997 is 
not directly attributable to the currently known threats. Because the 
population is small, limited to a single site, and sensitive to fire 
and disturbance, the species remains vulnerable to the identified 
threats. The magnitude of threats is high because, given the limited 
range of the species, any of the threats could adversely affect its 
continued existence. The threats are ongoing and, therefore, imminent. 
Because the species continues to remain vulnerable to these threats, we 
retained an LPN of 2 for this species.
    Eriogonum corymbosum var. nilesii (Las Vegas buckwheat)--The 
following summary is based on information contained in our files and 
the petition we received on April 23, 2008. Eriogonum corymbosum var. 
nilesii is a woody perennial shrub up to 4 feet high with a mounding 
shape. The flowers of this plant are numerous, small, and yellow with 
small bract-like leaves at the base of each flower. Eriogonum 
corymbosum var. nilesii is very conspicuous when flowering in late 
September and early October. It is restricted to gypsum soil 
outcroppings in Clark County, Nevada. In 2004, morphometrics (the study 
of variation and change in the form (size and shape) of organisms) were 
used to classify this plant as the unique variety nilesii, and its 
unique taxonomy was verified using molecular genetic analyses in 2007.
    Eriogonum corymbosum var. nilesii was added to the candidate list 
in December 2007 due to continued loss of habitat from development of 
over 95 percent of its core historical range and potential habitat. In 
addition, off-highway vehicle activity and other public-land uses 
(casual public use, mining, and illegal dumping) directly threaten over 
95 percent of the remaining habitat. It was petitioned for listing in 
April 2008 and a warranted-but-precluded determination was made in 
December 2008. To date, regulatory mechanisms to protect E. corymbosum 
var. nilesii are inadequate. Its designation as a Bureau of Land 
Management (BLM) special status species has not provided adequate 
protection on lands managed by BLM. Eriogonum corymbosum var. nilesii 
is not protected by the State of Nevada or any other regulatory 
mechanisms on other Federal lands. We have determined that candidate 
status is warranted for this variety as a result of threats to the 
remaining habitat and inadequate regulatory mechanisms. Conservation 
measures are being developed that could reduce the risks to occupied 
habitat, but these measures are not sufficiently complete as to remove 
these threats. The magnitude of threats is high since the more 
significant threats (urban development and surface mining) would result 
in direct mortality of the plants in over half of the known habitat. 
While both development and mining are very likely to occur in the 
future, they are not expected to happen in the immediate future, and 
thus, the threats are nonimminent. Accordingly, we assigned E. 
corymbosum var. nilesii an LPN of 6.
    Eriogonum kelloggii (Red Mountain buckwheat)--The following summary 
is based on information contained in our files and information provided 
by the California Department of Fish and

[[Page 69272]]

Game. No new information was provided in the petition we received on 
May 11, 2004. Red Mountain buckwheat is a perennial herb endemic to 
serpentine habitat of lower montane forests found between 1,900 and 
4,100 feet. Its distribution is limited to the Red Mountain and Little 
Red Mountain areas of Mendocino County, California, where it occupies 
in excess of 81 acres, and 900 square feet, respectively. Occupied 
habitat at Red Mountain is scattered over 4 square miles. Total 
population size has not been determined, but a preliminary estimate 
suggests the population may be in excess of 63,000 plants, occupying 
more than 44 discrete habitat polygons. Intensive monitoring of 
permanent plots on three study sites in Red Mountain suggests 
considerable annual variation in plant density and reproduction, but no 
discernable population trend was evident in two of three study sites. 
One study site showed a 65-percent decline in plant density over 11 
years.
    The primary threat to this species is the potential for surface 
mining for chromium and nickel. Virtually the entire distribution of 
Red Mountain buckwheat is either owned by mining interests, or is 
covered by existing mining claims, none of which are currently active. 
Surface mining would destroy habitat suitability for this species. The 
species is also believed threatened by tree and shrub encroachment into 
its habitat, due to the absence of fire. Some 42 percent of its known 
distribution occurred within the boundary of the Red Mountain Fire of 
June, 2008. However, the extent and manner in which Eriogonum kelloggii 
and its habitat were affected by that fire is not yet known. The single 
population located at Little Red Mountain appears to have been 
affected, and perhaps eliminated by fire-control efforts. The known 
species distribution by ownership is described as follows: Federal 
(Bureau of Land Management), 83 percent; private, 17 percent; State of 
California, less than 1 percent. Given the magnitude (high) and 
immediacy (nonimminent) of the threat to the small, scattered 
populations, and its taxonomy (species), we assigned a listing priority 
number of 5 to this species.
    Festuca hawaiiensis (no common name)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. This species is a 
cespitose (growing in dense, low tufts) annual found in dry forest on 
the island of Hawaii, Hawaii. Festuca hawaiiensis is known from 4 
populations totaling approximately 1,000 individuals in and around the 
Pohakuloa Training Area. Historically, this species was also found on 
Hualalai and Puu Huluhulu, but it no longer occurs at these sites.
    Festuca hawaiiensis is threatened by pigs, goats, mouflon, and 
sheep that degrade and destroy habitat; fire; military training 
activities; and nonnative plants that outcompete and displace it. Feral 
pigs, goats, mouflon, and sheep have been fenced out of a portion of 
the populations of F. hawaiiensis, and nonnative plants have been 
reduced in the fenced area, but the majority of the populations are 
still affected by threats from ungulates. The threats are imminent 
because they are not controlled and are ongoing in the remaining, 
unfenced populations. Firebreaks have been established at two 
populations, but fire is an imminent threat to the remaining 
populations that have no firebreaks. The threats are of a high 
magnitude because they could adversely affect the majority of F. 
hawaiiensis populations resulting in direct mortality or reduced 
reproductive capacity, leading to a relatively high likelihood of 
extinction. Therefore, we retained an LPN of 2 for this species.
    Festuca ligulata (Guadalupe fescue)--The following summary is based 
on information obtained from the original species petition, received in 
1975, and from our files, on-line herbarium databases, and scientific 
publications. Six small populations of Guadalupe fescue, a member of 
the Poaceae (grass family), have been documented in mountains of the 
Chihuahuan desert in Texas and in Coahuila, Mexico. Only two extant 
populations have been confirmed in the last 5 years, in the Chisos 
Mountains, Big Bend National Park, Texas, and in the privately owned 
Area de Protecci[oacute]n de Flora y Fauna (Protected Area for Flora 
and Fauna--APFF) Maderas del Carmen in northern Coahuila. Despite 
intensive searches, a population known from Guadalupe Mountains 
National Park in Texas has not been found since 1952 and is presumed 
extirpated. In 2009, Mexican botanists confirmed Guadalupe fescue at 
one site in APFF Maderas del Carmen, but could not find the species at 
the original site, known as Sierra El Jard[iacute]n, which was first 
reported in 1973. Two additional Mexican populations, near Fraile in 
southern Coahuila, and the Sierra de la Madera in central Coahuila, 
have not been monitored since 1941 and 1977, respectively. A great 
amount of potentially suitable habitat in Coahuila has never been 
surveyed. The potential threats to Guadalupe fescue include changes in 
the wildfire cycle and vegetation structure, trampling from humans and 
pack animals, grazing, trail runoff, fungal infection of seeds, small 
sizes and isolation of populations, and limited genetic diversity. The 
Service and the National Park Service established a Candidate 
Conservation Agreement in 2008 to provide additional protection for the 
Chisos Mountains population, and to promote cooperative conservation 
efforts with U.S. and Mexican partners. The threats to Guadalupe fescue 
are of moderate magnitude, and are not imminent, due to the provisions 
of the Candidate Conservation Agreement and other conservation efforts, 
as well as the likelihood that other populations exist in mountains of 
Coahuila that have not been surveyed. Thus, we maintained the LPN of 11 
for this species.
    Gardenia remyi (Nanu)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Gardenia remyi is a tree 
found in mesic to wet forest on the islands of Kauai, Molokai, Maui, 
and Hawaii, Hawaii. Gardenia remyi is known from 19 populations 
totaling between 85 and 87 individuals.
    This species is threatened by pigs, goats, and deer that degrade 
and destroy habitat and possibly prey upon the species, and by 
nonnative plants that outcompete and displace it. Gardenia remyi is 
also threatened by landslides on the island of Hawaii. This species is 
represented in ex situ collections. Feral pigs have been fenced out of 
the west Maui populations of G. remyi, and nonnative plants have been 
reduced in those areas. However, these threats are not controlled and 
are ongoing in the remaining, unfenced populations, and are, therefore, 
imminent. In addition, the threat from goats and deer is ongoing and 
imminent throughout the range of the species, because no goat or deer 
control measures have been undertaken for any of the populations of G. 
remyi. All of the threats are of a high magnitude because habitat 
destruction, predation, and landslides could significantly affect the 
entire species, resulting in direct mortality or reduced reproductive 
capacity, leading to a relatively high likelihood of extinction. 
Therefore, we retained an LPN of 2 for this species.
    Geranium hanaense (Nohoanu)--We continue to find that listing this 
species is warranted but precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted 12-month 
petition finding.

[[Page 69273]]

    Geranium hillebrandii (Nohoanu)--We continue to find that listing 
this species is warranted but precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 12-
month petition finding.
    Gonocalyx concolor (no common name)--The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on May 11, 2004. Gonocalyx concolor is a 
small evergreen epiphytic or terrestrial shrub. Currently, G. concolor 
is known from two populations in Puerto Rico: One at Cerro La Santa and 
the other at Charco Azul, both in the Carite Commonwealth Forest. The 
forest is located in the Sierra de Cayey and extends through the 
municipalities of Guayama, Cayey, Caguas, San Lorenzo, and Patillas in 
southeastern Puerto Rico. The population previously reported in the 
Caribbean National Forest is apparently no longer extant. In 1996, 
approximately 172 plants were reported at Cerro La Santa. However, in 
2006 only 25 individuals were reported at Cerro La Santa and 4 
individuals located at Charco Azul.
    The species is currently threatened by habitat disturbance related 
to the maintenance of existing telecommunication facilities at Cerro La 
Santa, limited distribution (2 sites) and low population numbers (less 
than 30 individuals total), and hurricanes. Although the species is 
located in the Carite Commonwealth Forest, a public forest managed by 
DNER, applicable laws and regulations are not effectively enforced and 
Service personnel has documented damages to the population located 
adjacent to existing communication towers at the forest. Because of 
extremely low population numbers and the vulnerability to current 
threats (maintenance activities and hurricanes), the magnitude of 
current threats on the species is high. Overall, threats are 
nonimminent since G. concolor is only known from the Carite 
Commonwealth Forest, administered and managed by the DNER for 
conservation and recreation. Therefore, we have assigned a listing 
priority number of 5 for the Gonocalyx concolor.
    Hazardia orcuttii (Orcutt's hazardia)--The following summary is 
based on information contained in our files and the petition we 
received on March 8, 2001. Hazardia orcuttii is an evergreen shrubby 
species in the Asteraceae (sunflower family). The erect shrubs are 50-
100 centimeters (20-40 inches) high. The only known extant native 
occurrence of this species in the U.S. is in the Manchester 
Conservation Area in northwestern San Diego County, California. This 
site is managed by Center for Natural Lands Management (CNLM). Using 
material derived from the native population, the CNLM facilitated the 
establishment of test populations at five additional sites in northwest 
San Diego County, California, including a second site in the Manchester 
Conservation Area, Kelly Ranch Habitat Conservation Area, Rancho La 
Costa Habitat Conservation Area, San Elijo Lagoon, and San Diego 
Botanical Garden. Hazardia orcuttii also occurs at a few coastal sites 
in Mexico, where it has no conservation protections. The total number 
of plants at the only native site in the United States is approximately 
668 native adult plants and 50 seedlings. The five additional test 
populations collectively support approximately 500 adult plants and 350 
seedlings.
    The population in Mexico is estimated to be 1300 plants. The 
occurrences in Mexico are threatened by coastal development from 
Tijuana to Ensenada. The native population in the U.S. is within an 
area that receives public use; however, management at this site has 
minimized impacts from trampling, dumping, and other unintentionally 
destructive impacts. This species has a very low reproductive output, 
although the causes are as-yet unknown. Competition from invasive 
nonnative plants may pose a threat to the reproductive potential of 
this species. In one study, 95 percent of the flowers examined were 
damaged by insects or fungal agents or aborted prematurely, and insects 
or fungal agents damaged 50 percent of the seeds produced. All of the 
populations in the U.S. are small and two of the test populations are 
declining. Small populations are considered subject to random events 
and reductions in fitness due to low genetic variability. Threats 
associated with small population size are further exacerbated by the 
limited range and low reproductive output of this species. However, if 
low seed production is because of ecosystem disruptions, such as loss 
of effective pollinators, there could be additional threats that need 
to be addressed. Overall, the threats to Hazardia orcuttii are of a 
high magnitude because they have the potential to significantly reduce 
the reproductive potential of this species. The threats are nonimminent 
overall because the most significant threats (invasive, nonnative 
plants and low reproductive output) are nonimminent and long-term in 
nature. This species faces high-magnitude nonimminent threats; 
therefore, we assigned this species a listing priority of 5.
    Hedyotis fluviatilis (Kamapuaa)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Hedyotis fluviatilis is a 
scandent shrub found in mixed shrubland to wet lowland forest on the 
islands of Oahu and Kauai, Hawaii. This species is known from 11 
populations totaling between 400 and 900 individuals. Hedyotis 
fluviatilis is threatened by pigs and goats that degrade and destroy 
habitat, and by nonnative plants that outcompete and displace it. 
Landslides are a potential threat to populations on Kauai. Predation by 
pigs and goats is a likely threat. This species is represented in an ex 
situ collection; however, there are no other conservation actions 
implemented for this species. We retained an LPN of 2 because the 
severity of the threats to the species is high and the threats are 
ongoing and, therefore, imminent.
    Helianthus verticillatus (Whorled sunflower)--The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. The whorled 
sunflower is found in moist, prairie-like openings in woodlands and 
along adjacent creeks. Despite extensive surveys throughout its range, 
only five populations are known for this species. There are two 
populations documented for Cherokee County, Alabama; one population in 
Floyd County, Georgia; and one population each in Madison and McNairy 
Counties, Tennessee. This species appears to have restricted ecological 
requirements and is dependent upon the maintenance of prairie-like 
openings for its survival. Active management of habitat is needed to 
keep competition and shading under control. Much of its habitat has 
been degraded or destroyed for agricultural, silvicultural, and 
residential purposes. Populations near roadsides or powerlines are 
threatened by herbicide usage in association with right-of-way 
maintenance. The majority of the Georgia population is protected due to 
its location within a conservation easement; however, only 15 to 20 
plants are estimated to occur at this site. The remaining four sites 
are not formally protected, but efforts have been taken to abate 
threats associated with highway right-of-way maintenance at one Alabama 
population; and, despite past concerns about threats from timber 
removal degrading H. verticillatus

[[Page 69274]]

habitat, the other Alabama population has responded favorably to canopy 
removal that took place circa 2001. Therefore, threats are of moderate 
magnitude, though imminent because they are ongoing. Thus, we assigned 
this species an LPN of 8.
    Hibiscus dasycalyx (Neches River rose-mallow)--See above in 
``Listing Priority Changes in Candidates.'' The above summary is based 
on information contained in our files.
    Ivesia webberi (Webber ivesia)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Ivesia webberi is a low, 
spreading, perennial herb that occurs very infrequently in Lassen, 
Plumas, and Sierra Counties in California, and in Douglas and Washoe 
Counties, Nevada. The species is restricted to sites with sparse 
vegetation and shallow, rocky soils composed of volcanic ash or derived 
from andesitic rock (a gray, fine-grained volcanic rock). Occupied 
sites generally occur on mid-elevation flats, benches, or terraces on 
mountain slopes above large valleys along the transition zone between 
the eastern edge of the northern Sierra Nevada and the northwestern 
edge of the Great Basin. Currently, the global population is estimated 
at approximately 5 million individuals at 16 known sites. The Nevada 
sites support nearly 98 percent of the total number of individuals (4.9 
million) on about 27 acres (11 hectares) of occupied habitat. The 
California sites are larger in area, totaling about 157 acres (63 
hectares), but support fewer individuals (approximately 120,000).
    The primary threats to I. webberi include urban development, 
authorized and unauthorized roads, off-road-vehicle activities and 
other dispersed recreation, livestock grazing and trampling, fire and 
fire suppression activities including fuels reduction and prescribed 
fires, and displacement by noxious weeds. Despite the high numbers of 
individuals, observations in 2002 and 2004 confirmed that direct and 
indirect impacts to the species and its habitat, specifically from 
urban development and off-highway-vehicle activity remain high and are 
likely to increase. However, the U.S. Forest Service has developed a 
conservation strategy that commits to management, monitoring, and 
research to protect this species on National Forest lands where most 
populations are found, and the State of Nevada has listed the species 
as critically endangered, which provides a mechanism to track future 
impacts on private lands. In addition, both the U.S. Forest Service and 
State of Nevada have agreed to coordinate closely with the Fish and 
Wildlife Service on all activities that may affect this species. In 
light of these conservation commitments, we have determined that the 
threats to I. webberi are nonimminent and are maintaining the LPN of 5.
    Joinvillea ascendens ssp. ascendens (Ohe)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Joinvillea 
ascendens ssp. ascendens is an erect herb found in wet to mesic 
Metrosideros polymorpha-Acacia koa (ohia-koa) lowland and montane 
forest on the islands of Kauai, Oahu, Molokai, Maui, and Hawaii, 
Hawaii. This subspecies is known from 43 widely scattered populations 
totaling fewer than 200 individuals. Plants are typically found as only 
one or two individuals, with miles between populations. This subspecies 
is threatened by destruction or modification of habitat by pigs, goats, 
and deer, and by nonnative plants that outcompete and displace native 
plants. Predation by pigs, goats, deer, and rats is a likely threat to 
this species. Landslides are a potential threat to populations on Kauai 
and Molokai. Seedlings have rarely been observed in the wild. Seeds 
germinate in cultivation, but most die soon thereafter. It is uncertain 
if this rarity of reproduction is typical of this subspecies, or if it 
is related to habitat disturbance. Feral pigs have been fenced out of a 
few of the populations of this subspecies, and nonnative plants have 
been reduced in those populations that are fenced. However, these 
threats are not controlled and are ongoing in the remaining, unfenced 
populations. This species is represented in ex situ collections. The 
threats are of high magnitude because habitat degradation, nonnative 
plants, and predation result in mortality or severely affect the 
reproductive capacity of the majority of populations of this species, 
leading to a relatively high probability of extinction. The threats are 
ongoing, and thus are imminent. Therefore, we retained an LPN of 3 for 
this subspecies.
    Korthalsella degeneri (Hulumoa)--We continue to find that listing 
this species is warranted but precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 12-
month petition finding.
    Leavenworthia crassa (Gladecress)--The following information is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. This species of 
gladecress is a component of glade flora, occurring in association with 
limestone outcroppings. Leavenworthia crassa is endemic to a 13-mile 
radius area in north central Alabama in Lawrence and Morgan Counties, 
where only six populations of this species are documented. Glade 
habitats today have been reduced to remnants fragmented by agriculture 
and development. Populations of this species are now located in glade-
like areas exhibiting various degrees of disturbance including 
pastureland, roadside rights-of-way, and cultivated or plowed fields. 
The most vigorous populations of this species are located in areas 
which receive full, or near full, sunlight with limited herbaceous 
competition. The magnitude of threat is high for this species, because 
with the limited number of populations, the threats could result in 
direct mortality or reduced reproductive capacity of the species, 
leading to a relatively high likelihood of extinction. This species 
appears to be able to adjust to periodic disturbances and the potential 
impacts to populations from competition, exotics, and herbicide use are 
nonimminent. Thus, we assigned an LPN of 5 to this species.
    Leavenworthia texana (Texas golden gladecress)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Leavenworthia texana occurs only on the Weches outcrops of east Texas 
in San Augustine and Sabine counties. The Weches geologic formation 
consists of a layer of calcareous sediment, lying above a layer of 
glauconite clay deposited up to 50 million years ago. Erosion of this 
complex has produced topography of steep, flat-topped hills and 
escarpments, as well as the unique ecology of Weches glades: Islands of 
thin, loamy, seepy, alkaline soils that support open-sun, herbaceous, 
and highly diverse and specialized plant communities.
    Leavenworthia texana was historically recorded at eight sites, all 
in a narrow region along north San Augustine and Sabine Counties. All 
sites are on private land. Three sites have been lost to glauconite 
mining and two sites are currently closed to visitors. The Sabine 
County site supported 1,000 plants within 9 square meters (97 square 
feet) in 2007. The Tiger Creek site in San Augustine County (less than 
0.1 hectare (.2 acre) in size) was found to have about 200 plants in 
2007. The Kardell site (less than 9 square meters (97 square feet)) has 
supported 400-500 plants in past years, but none in 2005.

[[Page 69275]]

An introduced population in Nacogdoches County numbered about 1,000 
within an area of about 18 square meters (194 square feet) in 2007.
    Historical habitat has been affected by highway construction, 
residential development, conversion to pasture and cropland, widespread 
use of herbicide, overgrazing, and glauconite mining. However, the 
primary threat to existing Leavenworthia texana populations is the 
invasion of nonnative and weedy shrubs and vines (primarily Macartney 
rose (Rosa bracteata) and Japanese honeysuckle (Lonicera japonica). All 
known sites are undergoing severe degradation by the incursion of 
nonnative shrubs and vines, which restrict both growth and reproduction 
of the gladecress. Brushclearing carried out in 1995 resulted in the 
reappearance of L. texana after a 10-year absence at one site. However, 
nonnative shrubs have again invaded this area. More effective control 
measures, such as burning and selective herbicide use, need to be 
tested and monitored. The small number of known sites also makes L. 
texana vulnerable to extreme natural disturbance events. A severe 
drought in 1999 and 2000 had a pronounced adverse effect on L. texana 
reproduction. Since the threat from nonnative plants severely affects 
all known sites, the magnitude is high. The threats are imminent since 
they are ongoing. Therefore, we retain an LPN of 2 for L. texana.
    Lesquerella globosa (Desvaux) Watson (Short's bladderpod)--The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. Short's bladderpod is a perennial member of the mustard family 
that occurs in Indiana (1 location), Kentucky (6 locations), and 
Tennessee (22 locations). It grows on steep, rocky, wooded slopes; on 
talus areas; along cliff tops and bases; and on cliff ledges. It is 
usually associated with south to west facing calcareous outcrops 
adjacent to rivers or streams. Road construction and road maintenance 
have played a significant role in the decline of L. globosa. Specific 
activities that have affected the species in the past and may continue 
to threaten it include bank stabilization, herbicide use, mowing during 
the growing season, grading of road shoulders, and road widening or 
repaving. Sediment deposition during road maintenance or from other 
activities also potentially threatens the species. Because the natural 
processes that maintained habitat suitability and competition from 
invasive nonnative vegetation have been interrupted at many locations, 
active habitat management is necessary at those sites. While threats 
associated with roadside maintenance activities and habitat alterations 
by invasive plant encroachment are imminent because they are ongoing, 
this threat is of moderate magnitude as they are not affecting all 
locations of this species at this time. Therefore, we assigned an LPN 
of 8 to this species.
    Linum arenicola (Sand flax)--See above in ``Listing Priority 
Changes in Candidates.'' That summary is based on information contained 
in our files.
    Linum carteri var. carteri (Carter's small-flowered flax)--The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. This plant occupies open and disturbed sites in pinelands of 
Miami-Dade County, Florida. Currently, there are nine known 
occurrences. Occurrences with fewer than 100 individuals are located on 
3 county-owned preserves. A site with more than 100 plants is owned by 
the U.S. government, but the site is not managed for conservation.
    Climatic changes and sea level rise are long-term threats that will 
likely reduce the extent of habitat. The nine existing occurrences are 
small and vulnerable to habitat loss, which is exacerbated by habitat 
degradation due to fire suppression, the difficulty of applying 
prescribed fire to pine rocklands, and threats from exotic plants. 
Remaining habitats are fragmented. Non-compatible management practices 
are also a threat at most protected sites; several sites are mowed 
during the flowering and fruiting season. In the absence of fire, 
periodic mowing can, in some cases, help maintain open, shrub-free 
understory and provide benefits to this plant. However, mowing can also 
eliminate reproduction entirely in very young plants, delay 
reproductive maturation, and kill adult plants. With flexibility in 
timing and proper management, threats from mowing practices can be 
reduced or negated. Carter's small-flowered flax is vulnerable to 
natural disturbances, such as hurricanes, tropical storms, and storm 
surges. This species exists in such small numbers at so few sites, that 
it may be difficult to develop and maintain viable occurrences on the 
available conservation lands. Although no population viability analysis 
has been conducted for this plant, indications are that existing 
occurrences are at best marginal, and it is possible that none are 
truly viable. As a result, the magnitude of threats is high. The 
threats are ongoing, and thus are imminent. Therefore, we assigned an 
LPN of 3 to this plant variety.
    Melicope christophersenii (Alani)--We continue to find that listing 
this species is warranted but precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 12-
month petition finding.
    Melicope hiiakae (Alani)--We continue to find that listing this 
species is warranted but precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted 12-month 
petition finding.
    Melicope makahae (Alani)--We continue to find that listing this 
species is warranted-but-precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted 12-month 
petition finding.
    Myrsine fosbergii (Kolea)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Myrsine fosbergii is a 
branched shrub or small tree found in lowland mesic and wet forest, on 
watercourses or stream banks, on the islands of Kauai and Oahu, Hawaii. 
This species is currently known from 14 populations totaling a little 
more than 100 individuals. Myrsine fosbergii is threatened by feral 
pigs and goats that degrade and destroy habitat and may prey upon the 
plant, and by nonnative plants that compete for light and nutrients. 
This species is represented in an ex situ collection. Although there 
are plans to fence and remove ungulates from the Helemano area of Oahu, 
which may benefit this species, no conservation measures have been 
taken to date to alleviate these threats for this species. Feral pigs 
and goats are found throughout the known range of M. fosbergii, as are 
nonnative plants. The threats from feral pigs, goats, and nonnative 
plants are of a high magnitude because they pose a severe threat 
throughout the limited range of this species, and they are ongoing and 
therefore imminent. We retained an LPN of 2 for this species.
    Myrsine vaccinioides (Kolea)--We continue to find that listing this 
species is warranted-but-precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted 12-month 
petition finding.
    Narthecium americanum (Bog asphodel)--The following summary is

[[Page 69276]]

based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Bog asphodel is a 
perennial herb that is found in savanna areas, usually with water 
moving through the substrate, as well as in sandy bogs along streams 
and rivers. The historical range of bog asphodel included New York, New 
Jersey, Delaware, North Carolina, and South Carolina, although the 
taxonomic identity of the historic North Carolina specimens is now in 
question. Extant populations of bog asphodel are now only found within 
the Pine Barrens region of New Jersey.
    Curtailment of its historical range is a primary threat to bog 
asphodel, representing a loss of habitat and genetic diversity and 
leaving the species vulnerable to localized threats, natural disasters, 
and climate change. The Pine Barrens savannas that support bog asphodel 
provide a scarce, specialized habitat that has declined from several 
thousand acres around 1900 to only a thousand acres in recent decades. 
This species has been lost from at least 3 States, and now occurs on 
less than 80 acres of land confined to an area only about 30 miles in 
diameter. Of the 14 New Jersey watersheds that historically supported 
bog asphodel, the species is extirpated from six watersheds and 
persists in four additional watersheds only as a single occurrence. The 
4 remaining watersheds are unevenly distributed among the 3 river 
systems supporting the species, with nearly 88 percent of bog asphodel 
(by area) concentrated in the greater Mullica River drainage.
    Other significant threats include unauthorized use of off-road 
vehicles, future increases in water extraction for human use, natural 
succession possibly accelerated by fire suppression, and potentially 
climate change. Lesser threats include indirect effects of upland 
development, impacts from recreational activities, collection, 
herbivory, and beaver activity. Because the range of bog asphodel is 
currently limited to New Jersey's Pinelands Area and Coastal Zone, 
regulatory protections are generally adequate. More than 75 percent of 
bog asphodel occurs on protected lands, although enforcement of illegal 
activity can be lacking. Outright habitat destruction from wetland 
filling, draining, flooding, and conversion to commercial cranberry 
bogs likely contributed to the curtailment of this species' range, but 
these historical threats to bog asphodel are generally no longer 
occurring.
    Current threats to bog asphodel are low to moderate in magnitude. 
Several threats are imminent because they are ongoing and expected to 
continue. Overall, based on these imminent, moderate threats, we retain 
a listing priority number of 8 for this species.
    Nothocestrum latifolium ('Aiea)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Nothocestrum latifolium is a 
small tree found in dry to mesic forest on the islands of Kauai, Oahu, 
Maui, Molokai, and Lanai, Hawaii. Nothocestrum latifolium is known from 
17 steadily declining populations totaling fewer than 1,200 
individuals.
    This species is threatened by feral pigs, goats, and axis deer that 
degrade and destroy habitat and may prey upon it; by nonnative plants 
that compete for light and nutrients; and by the loss of pollinators 
that negatively affect the reproductive viability of the species. This 
species is represented in an ex situ collection. Ungulates have been 
fenced out of four areas where N. latifolium currently occurs, and 
nonnative plants have been reduced in some populations that are fenced. 
However, these ongoing conservation efforts for this species benefit 
only a few of the known populations. The threats are not controlled and 
are ongoing in the remaining unfenced populations. In addition, little 
regeneration is observed in this species. The threats are of a high 
magnitude, since they are severe enough to affect the continued 
existence of the species, leading to a relatively high likelihood of 
extinction. The threats are imminent, since they are ongoing. 
Therefore, we retained an LPN of 2 for this species.
    Ochrosia haleakalae (Holei)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Ochrosia haleakalae is a tree 
found in dry to mesic forest, often on lava, on the islands of Hawaii 
and Maui, Hawaii. This species is currently known from 8 populations 
totaling between 64 and 76 individuals.
    Ochrosia haleakalae is threatened by fire; by feral pigs, goats, 
and cattle that degrade and destroy habitat and may directly prey upon 
it; and by nonnative plants that compete for light and nutrients. This 
species is represented in ex situ collections. Feral pigs, goats, and 
cattle have been fenced out of one wild and one outplanted population 
on private lands on the island of Maui and one outplanted population in 
Hawaii Volcanoes National Park on the island of Hawaii. Nonnative 
plants have been reduced in the fenced areas. The threat from fire is 
of a high magnitude and imminent because no control measures have been 
undertaken to address this threat that could adversely affect O. 
haleakalae as a whole. The threats from feral pigs, goats, and cattle 
are ongoing to the unfenced populations of O. haleakalae. The threat 
from nonnative plants is ongoing and imminent and of a high magnitude 
to the wild populations on both islands as this threat adversely 
affects the survival and reproductive capacity of the majority of the 
species, leading to a relatively high likelihood of extinction. 
Therefore, we retained an LPN of 2 for this species.
    Pediocactus peeblesianus var.fickeiseniae (Fickeisen plains 
cactus)--The following summary is based on information contained in our 
files. No new information was provided in the petition we received on 
May 11, 2004. Pediocactus peeblesianus var. fickeiseniae is a small 
cactus known from the Gray Mountain vicinity to the Arizona strip in 
Coconino, Navajo, and Mohave Counties, Arizona. The cactus grows on 
exposed layers of Kaibab limestone on canyon margins and well-drained 
hills in Navajoan desert or grassland. In 1999, the Arizona Game and 
Fish Department noted 23 occurrences for the species, including 
historical ones. The species is located on Bureau of Land Management 
(BLM), U.S. Forest Service, tribal, and possibly State lands. Recent 
reports from the BLM and Navajo Nation describe populations of the 
species as being in decline. The main human-induced threats to this 
cactus are activities associated with road maintenance, off-road 
vehicles, and trampling associated with livestock grazing. Monitoring 
data has detected mortality associated with livestock grazing. Illegal 
collection of this species has been noted in the past, but we do not 
know if it is a continuing threat. The populations that have been 
monitored have been affected, in part, by the continuing drought. There 
has been very low recruitment, and rabbits and rodents have consumed 
adult plants because there is reduced forage available during these dry 
conditions. Given that there are only a few known populations, that the 
range of this taxon is limited, and that the majority of the known 
populations on BLM lands and the Navajo Nation are experiencing 
declines, we conclude that the threats are of a high magnitude. The 
threats are ongoing and, therefore, are imminent. Thus, we have 
retained an LPN of 3 for this plant variety.
    Penstemon scariosus var. albifluvis (White River beardtongue)--See 
above in ``Listing Priority Changes in Candidates.'' That summary is 
based on information contained in our files.

[[Page 69277]]

    Peperomia subpetiolata (`Ala `ala wai nui)--We continue to find 
that listing this species is warranted but precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted 12-month petition finding.
    Phyllostegia bracteata (no common name)--We continue to find that 
listing this species is warranted but precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted 12-month petition finding.
    Phyllostegia floribunda (no common name)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. This species is 
an erect subshrub found in mesic to wet forest on the island of Hawaii, 
Hawaii. This species is known from 7 populations totaling fewer than 25 
individuals. Phyllostegia floribunda is threatened by feral pigs that 
degrade and destroy habitat, and by nonnative plants that compete for 
light and nutrients. This species is represented in ex situ 
collections. The National Park Service, The Nature Conservancy, and the 
State have fenced and outplanted more than 170 individuals at Olaa 
Forest Reserve, Kona Hema, and Waiakea Forest Reserve (more than 50, 20 
individuals, and 100 individuals, respectively). Nonnative plants have 
been reduced in these fenced areas. However, no conservation efforts 
have been implemented for the unfenced populations. Overall, the 
threats are moderate because conservation efforts for over half of the 
populations reduce the severity of the threats. The threats are ongoing 
in the unfenced portions and must be constantly managed in the fenced 
portions. Therefore, the threats are imminent. We retained an LPN of 8 
because the threats are of moderate magnitude and are imminent for the 
majority of the populations.
    Physaria douglasii ssp. tuplashensis (White Bluffs bladder-pod)--
The following summary is based on information contained in our files. 
No new information was provided in the petition we received on May 11, 
2004. White Bluffs bladder-pod is a low-growing, herbaceous, short-
lived, perennial plant in the Brassicaceae (mustard) family. 
Historically and currently, White Bluffs bladder-pod is only known from 
a single population that occurs along the White Bluffs of the Columbia 
River in Franklin County, Washington. The entire range of the species 
is a narrow band, approximately 33 feet (10 meters) wide by 10.6 miles 
(17 kilometers) long, at the upper edge of the bluffs. The species 
occurs only on cemented, highly alkaline, calcium carbonate paleosol (a 
``caliche'' soil) and is believed to be a ``calciphile.''
    Approximately 35 percent of the known range of the species has been 
moderately to severely affected by landslides, an apparently permanent 
destruction of the habitat. The entire population of the species is 
down-slope of irrigated agricultural land, the source of the water 
seepage causing the mass failures and landslides, but the southern 
portion of the population is the closest to the agricultural land and 
the most affected by landslides. Other significant threats include use 
of the habitat by recreational off-road vehicles which destroys plants, 
and the presence of invasive nonnative plants that compete with P. 
douglasii tuplashensis for resources (light, water, nutrients). 
Additionally, the increasing presence of invasive nonnative plants may 
alter fire regimes and potentially increase the threat of fire to the 
P. douglasii tuplashensis population. The threats to the population 
from landslides and the recreational off-road-vehicle use are currently 
occurring and will continue to occur in the future. In addition, 
invasion by nonnative plants is currently occurring, and with the 2007 
fire that occurred in the area of the existing population, invasive 
plants will likely spread or increase throughout the burned area of the 
population. We have therefore determined that these threats are 
imminent. Although approximately 35 percent of the population is 
severely affected by landslides in the southern portion of the range, 
the likelihood of the persistence of the population in the unaffected 
northern portion appears to be fairly high. Currently, we know of no 
plans to expand or significantly modify the existing agriculture 
activities in areas adjacent to the population. In addition, deliberate 
modification of the species' immediate habitat is unlikely due to its 
location and ownership (85 percent federal). Intermittent use of off-
road vehicles does occur on the Monument, although it is prohibited. 
These activities are mainly confined to the upper portion of the White 
Bluffs where few P. douglasii tuplashensis plants occur, so there is 
low to moderate threat to the species from these activities. Invasive 
plants are present in the vicinity, but have not yet been determined to 
be a significant problem. As a result of the 2007 fire, there is a 
higher probability that invasion of these nonnatives will occur. While 
P. douglasii tuplashensis is inherently vulnerable because it is a 
narrow endemic, the magnitude of the ongoing threats to the population 
is moderate; therefore we retain an LPN of 9 for this species.
    Platanthera integrilabia (Correll) Leur (White fringeless orchid)--
The following summary is based on information contained in our files. 
No new information was provided in the petition we received on May 11, 
2004. Platanthera integrilabia is a perennial herb that grows in 
partially, but not fully, shaded, wet, boggy areas at the head of 
streams and on seepage slopes in Alabama, Georgia, Kentucky, 
Mississippi, South Carolina and Tennessee. Historically, there were at 
least 90 populations of P. integrilabia. It is presumed extirpated from 
North Carolina and Virginia. Currently there are about 50 extant sites 
supporting the species.
    Several populations have been destroyed due to road, residential, 
and commercial construction, and to projects that altered soil and site 
hydrology such that suitability for the species was reduced. Several of 
the known populations are in or adjacent to powerline rights-of-way. 
Mechanical clearing of these areas may benefit the species by 
maintaining adequate light levels; however, the indiscriminant use of 
herbicides in these areas could pose a significant threat to the 
species. All-terrain vehicles have damaged several sites and pose a 
threat at most sites. Most of the known sites for the species occur in 
areas that are managed specifically for timber production. Timber 
management is not necessarily incompatible with the protection and 
management of the species, but care must be taken during timber 
management to ensure the hydrology of bogs supporting the species is 
not altered. Natural succession can result in decreased light levels. 
Because of the species dependence upon moderate-to-high light levels, 
some type of active management to prevent complete canopy closure is 
required at most locations. Collecting for commercial and other 
purposes is a potential threat. Herbivory (primarily deer) threatens 
the species at several sites. Due to the alteration of habitat and 
changes in natural conditions, protection and recovery of this species 
is dependent upon active management rather than just preservation of 
habitat. Invasive, nonnative plants such as Japanese honeysuckle and 
kudzu also threaten several sites. The threats are widespread; however, 
the impact of those threats on the species survival is moderate in 
magnitude. Several of the sites are protected to some degree from

[[Page 69278]]

the threats by being within State parks, national forests, wildlife 
management areas, or other protected land. The threats however are 
imminent since they are ongoing, and we have therefore assigned an LPN 
of 8 to this species.
    Platydesma cornuta var. cornuta (no common name)--We continue to 
find that listing this species is warranted but precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted 12-month petition finding.
    Platydesma cornuta var. decurrens (no common name)--We continue to 
find that listing this species is warranted but precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted 12-month petition finding.
    Platydesma remyi (no common name)--The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on May 11, 2004. Platydesma remyi is a 
shrub or shrubby tree found in wet forests on old volcanic slopes on 
the island of Hawaii, Hawaii. This species is known from 2 populations 
totaling fewer than 50 individuals. Platydesma remyi is threatened by 
feral pigs and cattle that degrade and destroy habitat, nonnative 
plants that compete for light and nutrients, reduced reproductive 
vigor, and stochastic extinction due to naturally occurring events. 
This species is represented in an ex situ collection, and by one 
individual included in a rare plant exclosure in the Laupahoehoe 
Natural Area Reserve. The threats are ongoing and therefore imminent, 
and of a high magnitude because of their severity; the threats cause 
direct mortality or significantly reduce the reproductive capacity of 
the species throughout its limited range, leading to a relatively high 
likelihood of extinction. Therefore, we retained an LPN of 2 for this 
species.
    Pleomele forbesii (Hala pepe)--We continue to find that listing 
this species is warranted-but-precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 12-
month petition finding.
    Potentilla basaltica (Soldier Meadow cinquefoil or basalt 
cinquefoil)--The following summary is based on information contained in 
our files; the petition we received on May 11, 2004, provided no 
additional information on the species. Potentilla basaltica is a low 
growing, rhizomatous, herbaceous perennial that is associated with 
alkali meadows, seeps, and occasionally marsh habitats bordering 
perennial thermal springs, outflows, and meadow depressions. In Nevada, 
the species is known only from Soldier Meadow in Humboldt County. In 
northeastern California, a single population occurs in Lassen County. 
At Soldier Meadow, there are 11 discrete known occurrences within an 
area of about 24 acres (9.6 hectares) that support about 130,000 
individuals. The California population occurs on private and public 
land and supports fewer than 1,000 plants. The public land has been 
designated as an Area of Critical Environmental Concern by the Bureau 
of Land Management.
    The species and its habitat are threatened by recreational use in 
the areas where it occurs as well as the ongoing impacts of past water 
diversions, livestock grazing, and off-road-vehicle travel. 
Conservation measures implemented recently by the Bureau of Land 
Management in Nevada include the installation of fencing to exclude 
livestock, wild horses, burros, and other large mammals; the closure of 
access roads to spring, riparian, and wetland areas and the limiting of 
vehicles to designated routes; the establishment of a designated 
campground away from the habitats of sensitive species; the 
installation of educational signage; and, an increased staff presence, 
including law enforcement, a volunteer site steward during the 6-month 
period of peak visitor use, and noxious weed control. In California, 
public land management actions include not allowing livestock salting 
in the vicinity of springs, a proposed long-term monitoring plot, 
limitations on camping near springs, withdrawal from salable mineral 
leasing, recommendations to withdrawal the land from mineral entry, and 
noxious weed control treatments. These conservation measures have 
reduced the magnitude of threat to the species to moderate; all 
remaining threats are nonimminent and involve long-term changes to the 
habitat for the species resulting from past impacts. Until a monitoring 
program is in place that allows us to assess the long-term trend of the 
species, we have assigned an LPN of 11.
    Pseudognaphalium (Gnaphalium sandwicensium var. molokaiense 
(Enaena)--The following summary is based on information contained in 
our files. No new information was provided in the petition we received 
on May 11, 2004. Pseudognaphalium sandwicensium var. molokaiense is a 
perennial herb found in strand vegetation in dry consolidated dunes on 
the islands of Molokai and Maui, Hawaii. This variety is known from 5 
populations totaling approximately 200 to 20,000 individuals (depending 
upon rainfall) in the Moomomi area on the island of Molokai, and from 2 
populations of a few individuals at Waiehu dunes and at Puu Kahulianapa 
on west Maui. Pseudognaphalium sandwicensium var. molokaiense is 
threatened by feral goats and axis deer that degrade and destroy 
habitat and possibly prey upon it, and by nonnative plants that compete 
for light and nutrients. Potential threats also include collection for 
lei-making, and off-road vehicles that directly damage plants and 
degrade habitat. Weed control protects one population on Molokai; 
however, no conservation efforts have been initiated to date for the 
other populations on Molokai or for the individuals on Maui. This 
species is represented in an ex situ collection. The ongoing threats 
from feral goats, axis deer, nonnative plants, collection, and off-road 
vehicles are of a high magnitude because no control measures have been 
undertaken for the Maui population or for the Molokai populations, and 
the threats result in direct mortality or significantly reduce 
reproductive capacity for the majority of the populations, leading to a 
relatively high likelihood of extinction. Therefore, we retained an LPN 
of 3 for this plant variety.
    Psychotria hexandra ssp. oahuensis var. oahuensis (Kopiko)--We 
continue to find that listing this species is warranted-but-precluded 
as of the date of publication of this notice. However, we are working 
on a proposed listing rule that we expect to publish prior to making 
the next annual resubmitted 12-month petition finding.
    Pteralyxia macrocarpa (Kaulu)--We continue to find that listing 
this species is warranted-but-precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 12-
month petition finding.
    Ranunculus hawaiensis (Makou)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Ranunculus hawaiensis is an 
erect or ascending perennial herb found in mesic to wet forest 
dominated by Metrosideros polymorpha (ohia) and Acacia koa (koa) with 
scree substrate (loose stones or rocky debris on a slope) on the 
islands of Maui and Hawaii, Hawaii. This species is currently known 
from 20 individuals in 5 populations on

[[Page 69279]]

the island of Hawaii. One population on Maui (Kukui planeze) was not 
relocated on a survey conducted in 2006. In addition, one wild 
population at Waikamoi (also on Maui) has not been observed since 1995. 
Ranunculus hawaiensis is threatened by direct predation by slugs, feral 
pigs, goats, cattle, mouflon, and sheep; by pigs, goats, cattle, 
mouflon, and sheep that degrade and destroy habitat; and by nonnative 
plants that compete for light and nutrients. Three populations have 
been outplanted into protected exclosures; however, feral ungulates and 
nonnative plants are not controlled in the remaining, unfenced 
populations. In addition, the threat from introduced slugs is of a high 
magnitude because slugs occur throughout the limited range of this 
species and no effective measures have been undertaken to control them 
or prevent them from causing significant adverse impacts to this 
species. Overall, the threats from pigs, goats, cattle, mouflon, sheep, 
slugs, and nonnative plants are of a high magnitude, and ongoing 
(imminent) for R. hawaiensis. We retained an LPN of 2 for this species.
    Ranunculus mauiensis (Makou)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Ranunculus mauiensis is an 
erect to weakly ascending perennial herb found in open sites in mesic 
to wet forest and along streams on the islands of Maui, Kauai, and 
Molokai, Hawaii. This species is currently known from 14 populations 
totaling 198 individuals. Ranunculus mauiensis is threatened by feral 
pigs, goats, mule deer, axis deer, and slugs that consume it; by 
habitat degradation and destruction by feral pigs, goats, and deer; and 
by nonnative plants that compete for light and nutrients. This species 
is represented in ex situ collections. Feral pigs have been fenced out 
of one Maui population of R. mauiensis, and nonnative plants have been 
reduced in the fenced area. One individual occurs in the Kamakou 
Preserve on Molokai, managed by The Nature Conservancy. However, 
ongoing conservation efforts benefit only two populations. The threats 
are of high magnitude and imminent because they are ongoing in the 
Kauai and the majority of the Maui populations. Therefore, we retained 
an LPN of 2 for this species.
    Rorippa subumbellata (Tahoe yellow cress)--The following summary is 
based on information contained in our files and the petition we 
received on December 27, 2000. Rorippa subumbellata is a small 
perennial herb known only from the shores of Lake Tahoe in California 
and Nevada. Data collected over the last 25 years generally indicate 
that species occurrence fluctuates yearly as a function of both lake 
level and the amount of exposed habitat. Records kept since 1900 show a 
preponderance of years with high lake levels that would isolate and 
reduce R. subumbellata occurrences at higher beach elevations. From the 
standpoint of the species, less favorable peak years have occurred 
almost twice as often as more favorable low-level years. Annual surveys 
are conducted to determine population numbers, site occupancy, and 
general disturbance regime. During the 2003 and 2004 annual survey 
period, the lake level was approximately 6,224 feet (ft) (1,898 meters 
(m)); 2004 was the fourth consecutive year of low water. Rorippa 
subumbellata was present at 45 of the 72 sites surveyed (65 percent 
occupied), up from 15 sites (19 percent occupied) in 2000 when the lake 
level was high at 6,228 ft (1,898 m). Approximately 25,200 stems were 
counted or estimated in 2003, whereas during the 2000 annual survey, 
the estimated number of stems was 4,590. Lake levels began to rise 
again in 2005 and less habitat was available. Lake levels began to drop 
again in 2006 though 2008 leading to an increase in both occupied sites 
and estimated stem counts. During very low lake levels in 2009, an 
estimated 27,522 stems were observed at 47 sites, equal to the highest 
number of occupied sites previously recorded.
    Many Rorippa subumbellata sites are intensively used for commercial 
and public purposes and are subject to various activities such as 
erosion control, marina developments, pier construction, and 
recreation. The U.S. Forest Service, California Tahoe Conservancy, and 
California Department of Parks and Recreation have management programs 
for R. subumbellata that include monitoring, fenced enclosures, and 
transplanting efforts when funds and staff are available. Public 
agencies (including the Service), private landowners, and environmental 
groups collaborated to develop a conservation strategy coupled with a 
Memorandum of Understanding-Conservation Agreement. The conservation 
strategy, completed in 2003, contains goals and objectives for recovery 
and survival, a research and monitoring agenda, and serves as the 
foundation for an adaptive management program. Because of the continued 
commitments to conservation demonstrated by regulatory and land 
management agencies participating in the conservation strategy, we have 
determined the threats to R. subumbellata from various land uses have 
been reduced to a moderate magnitude. In high-lake-level years such as 
2005, however, recreational use is concentrated within R. subumbellata 
habitat, and we consider this threat in particular to be ongoing and 
imminent. Therefore, we are maintaining an LPN of 8 for this species.
    Schiedea pubescens (Maolioli)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Schiedea pubescens is a 
reclining or weakly climbing vine found in diverse mesic to wet forest 
on the islands of Maui, Molokai, and Hawaii, Hawaii. It is presumed 
extirpated from Lanai. Currently, this species is known from 8 
populations totaling between 30 and 32 individuals on Maui, from 4 
populations totaling between 21 and 22 individuals on Molokai, and from 
1 population of 4 to 6 individuals on the island of Hawaii. Schiedea 
pubescens is threatened by feral pigs and goats that consume it and 
degrade and destroy habitat, and by nonnative plants that compete for 
light and nutrients. Feral ungulates have been fenced out of the 
population of S. pubescens on the island of Hawaii. Feral goats have 
been fenced out of a few of the west Maui populations of S. pubescens. 
Nonnative plants have been reduced in the populations that are fenced 
on Maui. However, the threats are not controlled and are ongoing in the 
remaining unfenced populations on Maui and the four populations on 
Molokai. Fire is a potential threat to the Hawaii Island population. In 
light of the extremely low number of individuals of this species, the 
threats from goats and nonnative plants are of a high magnitude because 
they result in mortality and reduced reproductive capacity for the 
majority of the populations, leading to a relatively high likelihood of 
extinction. The threats are imminent because they are ongoing with 
respect to most of the populations. Therefore, we retained an LPN of 2 
for this species.
    Schiedea salicaria (no common name)--We continue to find that 
listing this species is warranted but precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted 12-month petition finding.
    Sedum eastwoodiae (Red Mountain stonecrop)--The following summary 
is based on information contained in our files and information provided 
by the California Department of Fish and Game. The petition we received 
on May

[[Page 69280]]

11, 2004 provided no new information on the species. Red Mountain 
stonecrop is a perennial succulent which occupies relatively barren, 
rocky openings and cliffs in lower montane coniferous forests, between 
1,900 and 4,000 feet elevation. Its distribution is limited to Red 
Mountain, Mendocino County, California, where it occupies in excess of 
54 acres scattered over 4 square miles. Total population size has not 
been determined, but a preliminary estimate suggests the population may 
be in excess of 29,000 plants, occupying more than 27 discrete habitat 
polygons. Intensive monitoring suggests considerable annual variation 
in plant seedling success and inflorescence production.
    The primary threat to the species is the potential for surface 
mining for chromium and nickel. The entire distribution Red Mountain 
stonecrop is either owned by mining interests, or is covered by mining 
claims, none of which are currently active. Surface mining would 
destroy habitat suitability for this species. The species is also 
believed threatened by tree and shrub encroachment into its habitat, in 
absence of fire. Some 25 percent of its known distribution occurred 
within the boundary of the Red Mountain Fire of June 2008. However, the 
extent and manner in which Red Mountain stonecrop and its habitat were 
affected by that fire is not yet known. The species distribution by 
ownership is described as follows: Federal (Bureau of Land Management), 
95 percent; private, 5 percent. Given the magnitude (high) and 
immediacy (non-imminent) of the threat to the small, scattered 
populations, and its taxonomy (species), we assigned a listing priority 
number of 5 to this species.
    Sicyos macrophyllus (`Anunu)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Sicyos macrophyllus is a 
perennial vine found in wet Metrosideros polymorpha (ohia) forest and 
subalpine Sophora chrysophylla-Myoporum sandwicense (mamane-naio) 
forest. This species is known from 10 populations totaling between 24 
and 26 individuals in the Kohala and Mauna Kea areas, and in Hawaii 
Volcanoes National Park (Puna area) on the island of Hawaii, Hawaii. It 
appears that a naturally occurring population at Kipuka Ki in Hawaii 
Volcanoes National Park is reproducing by seeds, but seeds have not 
been successfully germinated under nursery conditions.
    This species is threatened by feral pigs, cattle, and mouflon sheep 
that degrade and destroy habitat, and by nonnative plants that compete 
for light and nutrients. This species is represented in ex situ 
collections. Feral pigs have been fenced out of some of the areas where 
S. macrophyllus currently occurs, but the fences do not exclude sheep. 
Nonnative plants have been reduced in the populations that are fenced. 
However, the threats are not controlled and are ongoing in the 
remaining, unfenced populations, and are, therefore, imminent. 
Similarly the threat from mouflon sheep is ongoing and imminent in all 
populations, because the current fences do not exclude sheep. In 
addition, all of the threats are of a high magnitude because habitat 
degradation and competition from nonnative plants present a risk to the 
species, resulting in direct mortality or significantly reducing the 
reproductive capacity, leading to a relatively high likelihood of 
extinction. Therefore, we retained an LPN of 2 for this species.
    Solanum nelsonii (popolo)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Solanum nelsonii is a 
sprawling or trailing shrub found in coral rubble or sand in coastal 
sites. This species is known from populations on Molokai (approximately 
300 plants), the island of Hawaii (5 plants), and the northwestern 
Hawaiian Islands (NWHI), Hawaii. The current populations in the NWHI 
are found on Midway (approximately 260 plants), Laysan (approximately 
490 plants), Pearl and Hermes (unknown number of individuals), and 
Nihoa (8,000 to 15,000 adult plants). On Molokai, S. nelsonii is 
moderately threatened by ungulates that degrade and destroy habitat, 
and may eat S. nelsonii. On Molokai and the NWHI, this species is 
threatened by nonnative plants that outcompete and displace it. Solanum 
nelsonii is threatened by predation by a nonnative grasshopper in the 
NWHI. This species is represented in ex situ collections. Ungulate 
exclusion fences, routine fence monitoring and maintenance, and weed 
control protect the population of S. nelsonii on Molokai. Limited weed 
control is conducted in the NWHI. These threats are of moderate 
magnitude because of the relatively large number of plants, and the 
fact that this species is found on more than one island. The threats 
are imminent for the majority of the populations because they are 
ongoing and are not being controlled. We therefore retained an LPN of 8 
for this species.
    Sphaeralcea gierischii (Gierisch mallow)--The following information 
is based on information contained in our files, including site visits 
by species experts. There are nine known populations of this species on 
a combined total of approximately 59.5 ac (24.12 ha) in Arizona and 
Utah. Seven populations are found on approximately 55 ac (22.3 ha) 
managed by the Bureau of Land Management in Arizona. One population 
occurs on approximately 2 ac (0.81 ha) on land managed by the Arizona 
State Land Department. One population occurs on approximately 2.5 ac 
(1.01 ha) in Utah. The primary threat to the species in Arizona is 
ongoing gypsum mining and associated activities. The primary threat to 
the species in Utah is potential impacts from off-road vehicle use. The 
threats are high in magnitude, since survival of the species is 
threatened throughout its entire range in Arizona by gypsum mining, 
with the two largest populations in active mining operations. Loss of 
those two populations would significantly reduce the total number of 
individuals throughout the range, threatening the long-term viability 
of this species. The threats are imminent, since they are ongoing in 
Arizona. Therefore, we assigned an LPN of 2 to this species.
    Stenogyne cranwelliae (no common name)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Stenogyne 
cranwelliae is a creeping vine found in wet forest dominated by 
Metrosideros polymorpha (ohia) on the island of Hawaii, Hawaii. 
Stenogyne cranwelliae is known from 10 populations totaling fewer than 
110 individuals. This species is threatened by feral pigs that degrade 
and destroy habitat, and by nonnative plants that compete for light and 
nutrients. In addition, S. cranwelliae is potentially threatened by 
feral pigs and rats that may directly prey upon it, and by randomly 
occurring natural events such as hurricanes and landslides. This 
species is represented in an ex situ collection. All of the threats are 
ongoing rangewide, and no efforts for control or eradication are being 
undertaken for feral pigs, nonnative plants, or rats. These threats 
significantly affect the entire species particularly in light of its 
small population size. We retained an LPN of 2 because these imminent 
threats are of a high magnitude.
    Symphyotrichum georgianum (Georgia aster)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on

[[Page 69281]]

May 11, 2004. Georgia aster is a relict species of post oak savanna/
prairie communities that existed in the southeast prior to widespread 
fire suppression and extirpation of large native grazing animals. 
Georgia aster currently occurs in the States of Alabama, Georgia, North 
Carolina and South Carolina. The species is presumed extant in 8 
counties in Alabama, 22 counties in Georgia, 9 counties in North 
Carolina, and 15 counties in South Carolina. The species appears to 
have been eliminated from Florida.
    Most remaining populations survive adjacent to roads, utility 
rights-of-way and other openings where current land management mimics 
natural disturbance regimes. Most populations are small (10-100 stems), 
and since the species' main mode of reproduction is vegetative, each 
isolated population may represent only a few genotypes. Many 
populations are currently threatened by one or more of the following 
factors: Woody succession due to fire suppression, development, highway 
expansion or improvement, and herbicide application. However, the 
species is still relatively widely distributed, and recent information 
indicates the species is more abundant than when we initially 
identified it as a candidate for listing. Taking into account its 
distribution and abundance, the magnitude of threats is moderate. Thus 
we assigned an LPN of 8 for this species.
    Zanthoxylum oahuense (Ae)--We continue to find that listing this 
species is warranted-but-precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted 12-month 
petition finding.

Ferns and Allies

    Christella boydiae (no common name)--The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on May 11, 2004. This species is a small- 
to medium-sized fern found in mesic to wet forest along stream banks on 
the islands of Oahu and Maui, Hawaii. Historically, this species was 
also found on the island of Hawaii, but it has been extirpated there. 
Currently, this species is known from 7 populations totaling 
approximately 300 individuals. This species is threatened by feral pigs 
that degrade and destroy habitat and may eat this plant, and by 
nonnative plants that compete for light and nutrients. Feral pigs have 
been fenced out of the largest population on Maui, and nonnative plants 
have been reduced in the fenced area. No conservation efforts are under 
way to alleviate threats to the other two populations on Maui, or for 
the two populations on Oahu. This species is represented in an ex situ 
collection. The magnitude of the threats acting upon the currently 
extant populations is moderate because the largest population is 
protected from pigs, and nonnative plants have been reduced in this 
area. The threats are ongoing and therefore imminent. Therefore, we 
retained an LPN of 8 for this species.
    Doryopteris takeuchii (no common name)--We continue to find that 
listing this species is warranted but precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted 12-month petition finding.
    Huperzia stemmermanniae (Waewaeiole)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. This species is 
an epiphytic pendant clubmoss found in mesic-to-wet Metrosideros 
polymorpha-Acacia koa (ohia-koa) forests on the islands of Maui and 
Hawaii, Hawaii. Only 3 populations are known, on Maui and Hawaii, 
totaling approximately 30 individuals. The Maui population has not been 
relocated since 1995. Huperzia stemmermanniae is threatened by feral 
pigs, goats, cattle, and axis deer that degrade and destroy habitat, 
and by nonnative plants that compete for light, space, and nutrients. 
Huperzia stemmermanniae is also threatened by randomly occurring 
natural events due to its small population size. One individual at 
Waikamoi Preserve may benefit from fencing for axis deer and pigs. This 
species is represented in ex situ collections. The threats from pigs, 
goats, cattle, axis deer, and nonnative plants are of a high magnitude 
because they are sufficiently severe to adversely affect the species 
throughout its limited range, resulting in direct mortality or 
significantly reducing reproductive capacity, leading to a relatively 
high likelihood of extinction. The threats are imminent because they 
are ongoing. Therefore, we retained an LPN of 2 for this species.
    Microlepia strigosa var. mauiensis (Palapalai)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Microlepia strigosa var. mauiensis is a terrestrial fern found in 
mesic-to-wet forests. It is currently found in Hawaii on the islands of 
Maui, Oahu, and Hawaii, from at least 9 populations totaling at least 
50 individuals. There is a possibility that the range of this plant 
variety could be larger and include the other main Hawaiian Islands. 
Microlepia strigosa var. mauiensis is threatened by feral pigs that 
degrade and destroy habitat, and by nonnative plants that compete for 
light and nutrients. Pigs have been fenced out of some areas on east 
and west Maui, and on Hawaii, where M. strigosa var. mauiensis 
currently occurs, and nonnative plants have been reduced in the fenced 
areas. However, the threats are not controlled and are ongoing in the 
remaining unfenced populations on Maui, Oahu, and Hawaii. Therefore, 
the threats from feral pigs and nonnative plants are imminent. The 
threats are of a high magnitude because they are sufficiently severe to 
adversely affect the species throughout its range, resulting in direct 
mortality or significantly reducing reproductive capacity, leading to a 
relatively high likelihood of extinction. We therefore retained an LPN 
of 3 for M. strigosa var. mauiensis.

Petitions To Reclassify Species Already Listed or Add to the Listed 
Range

    We previously made warranted-but-precluded findings on seven 
petitions seeking to reclassify threatened species to endangered 
status, and one petition seeking to add New Mexico to the listed range 
of the Canada lynx. The taxa involved in the reclassification petitions 
are three populations of the grizzly bear (Ursus arctos horribilis), 
delta smelt (Hypomesus transpacificus), the spikedace (Meda fulgida), 
the loach minnow (Tiaroga cobitis), and Sclerocactus brevispinus 
(Pariette cactus). Because these species are already listed under the 
Act, they are not candidates for listing and are not included in Table 
1. However, this notice and associated species assessment forms also 
constitute the resubmitted petition findings for these species. For the 
three grizzly bear populations, we have not updated the information in 
our assessments through this notice as explained below. Although we are 
completing an ongoing review of the status of the grizzly bear in the 
lower 48 States outside of the Greater Yellowstone Areas (see below), 
we continue to find that reclassification to endangered for each of the 
three populations (described below) is warranted but precluded by work 
identified above (see ``Petition Findings for Candidate Species''). We 
also have not updated the information in our assessments for the 
spikedace and loach minnow through this notice as explained below. For 
delta smelt, we

[[Page 69282]]

have not updated the information included in the 12-month finding 
(published April 7, 2010), which serves as our assessment; we are 
currently conducting a 5-year review, which will provide updated 
information when we complete it later this year. For Sclerocactus 
brevispinus and Canada lynx in New Mexico, our updated assessments are 
provided below. We find that reclassification to endangered status for 
the delta smelt, spikedace, loach minnow, and Sclerocactus brevispinus 
and adding New Mexico to the listed range of the Canada lynx are all 
currently warranted but precluded by work identified above (see 
``Petition Findings for Candidate Species''). One of the primary 
reasons that the work identified above is considered higher priority is 
that the grizzly bear populations, delta smelt, spikedace, loach 
minnow, and Sclerocactus brevispinus are currently listed as 
threatened, and therefore already receive certain protections under the 
Act. We promulgated regulations extending take prohibitions for 
endangered species under section 9 to threatened species (50 CFR 
17.31). Prohibited actions under section 9 include, but are not limited 
to, take (i.e., to harass, harm, pursue, hunt, shoot, wound, kill, 
trap, capture, or collect, or attempt to engage in such activity). For 
plants, prohibited actions under section 9 include removing or reducing 
to possession any listed plant from an area under Federal jurisdiction 
(50 CFR 17.61). Other protections include those under section 7(a)(2) 
of the Act whereby Federal agencies must insure that any action they 
authorize, fund, or carry out is not likely to jeopardize the continued 
existence of any endangered or threatened species.
    Grizzly bear (Ursus arctos horribilis) North Cascades ecosystem, 
Cabinet-Yaak, and Selkirk populations (Region 6)--We have not updated 
the information in our uplisting findings with regard to the grizzly 
bear (Ursus arctos horribilis) populations in the North Cascade, the 
Cabinet-Yaak, or the Selkirk Ecosystems in this notice. Between 1991 
and 1999, we issued warranted-but-precluded findings to reclassify 
grizzly bears as endangered in the North Cascades (56 FR 33892, July 
24, 1991; 63 FR 30453, June 4, 1998), the Cabinet-Yaak (58 FR 8250, 
February 12, 1993; 64 FR 26725, May 17, 1999), and the Selkirk 
Ecosystems (64 FR 26725, May 17, 1999).
    On April 18, 2007, We initiated a 5-year review to evaluate the 
current status of grizzly bears in the lower 48 States (72 FR 19549-
19551). This status review will fully evaluate the biological 
conservation status of each population according to the 5 factors in 
Section 4 of the Act. Although there is sufficient evidence to support 
multiple DPSs within the lower 48 State listing, we do not intend to 
complete a DPS analysis of each of these populations individually 
within the 5-year review. Instead, any DPS analyses would be completed 
prior to or concurrent with any rulemakings. We expect this 5-year 
review to be completed in late 2010.
    Delta smelt (Hypomesus transpacificus) (Region 8) (see 75 FR 17667; 
April 7, 2010, for additional information on why reclassification to 
endangered is warranted but precluded)--In March 2004, we completed a 
5-year review for delta smelt in which we determined a change in status 
from threatened to endangered was not recommended. While none of the 
threats, other than apparent abundance, show significant differences 
from 2004, we now have strong evidence, not available at the time of 
our 5-year review, that at least some of those factors are endangering 
the species. The primary evidence is the continuing downward trend in 
delta smelt abundance indices since a significant decline that occurred 
in 2002. The most recent fall midwater trawl abundance index is the 
lowest ever recorded--less than one-tenth the level it was in 2003. In 
addition, a 2005 population viability analysis calculated a 50-percent 
likelihood that the species could reach effective extinction (8,000 
individuals) within 20 years.
    There are many primary threats to the species including: Direct 
entrainments by State and Federal water export facilities; summer and 
fall increases in salinity and water clarity, and effects from 
introduced species. Additional threats are predation by striped and 
largemouth bass and inland silversides, entrainment into power plants, 
contaminants, and small population size. Existing regulatory mechanisms 
have not proven adequate to halt the decline of delta smelt since the 
time of listing as a threatened species.
    As a result of our analysis of the best available scientific and 
commercial information, we have assigned uplisting the delta smelt an 
LPN of 2, based on high magnitude and immediacy of threats. The 
magnitude of the threats is high, because they occur rangewide and 
result in mortality or significantly reduce the reproductive capacity 
of the species, leading to a relatively high likelihood of extinction. 
They are imminent because these threats are ongoing and, in some cases 
(e.g., nonnative species), considered irreversible.
    Spikedace (Meda fulgida) (Region 2)--We continue to find that 
uplisting this species to endangered is warranted but precluded as of 
the date of publication of this notice. However, we are working on a 
proposed uplisting rule, in combination with a proposed designation of 
critical habitat, that we expect to publish prior to making the next 
annual resubmitted 12-month petition finding.
    Loach minnow (Tiaroga cobitis) (Region 2)--We continue to find that 
uplisting this species to endangered is warranted but precluded as of 
the date of publication of this notice. However, we are working on a 
proposed uplisting rule, in combination with a proposed designation of 
critical habitat, that we expect to publish prior to making the next 
annual resubmitted 12-month petition finding.
    Sclerocactus brevispinus (Pariette cactus) (Region 6) (see 72 FR 
53211, September 18, 2007, and the species assessment form (see 
ADDRESSES) for additional information on why reclassification to 
endangered is warranted but precluded)--The Pariette cactus is 
restricted to clay badlands of the Wagon Hound member of the Uinta 
Formation in the Uinta Basin of northeastern Utah. The species is 
restricted to one population with an overall range of approximately 10 
miles by 5 miles in extent. The species' entire population is within a 
developed and expanding oil and gas field. The location of the species' 
habitat exposes it to destruction from road, pipeline, and well-site 
construction in connection with oil and gas development. The species 
may be collected as a specimen plant for horticultural use. 
Recreational off-road vehicle use and livestock trampling are 
additional potential threats. The species is currently federally listed 
as threatened by its previous inclusion within the species Sclerocactus 
glaucus. Based on current information, we are assigning the Pariette 
cactus the LPN of 6 for uplisting to endangered. The threats are of a 
high magnitude since any one of the threats has the potential to 
severely affect this species because it is a narrow endemic species 
with a highly limited range and distribution, but the threats are not 
currently ongoing.
    Canada lynx (Lynx canadensis) within the State of New Mexico--In 
our finding of December 17, 2009 (74 FR 66937), we determined that lynx 
in New Mexico were warranted for listing due to their presence in the 
state as a result of the Colorado reintroduction effort and we assigned 
an LPN of 12 to amending the listing of lynx to include New Mexico in 
the listing. We reconfirm that

[[Page 69283]]

assigning an LPN of 12 is appropriate based on nonimminent threats of a 
low magnitude to the lynx DPS. Human-caused mortality does not occur at 
a level such that it creates a significant threat to lynx in the 
contiguous United States. The magnitude of threats to the lynx DPS, 
inclusive of those lynx in New Mexico, is low. The threats occur 
infrequently and are nonimminent. We do not consider lynx in New Mexico 
to be essential to the survival or recovery of the DPS. Furthermore, 
the amount of suitable habitat for lynx in New Mexico is considered 
negligible relative to the amount of habitat within the listed range. 
Potential impacts to the habitat have not been documented to threaten 
lynx, either in New Mexico or outside of it. The areas outside the 
currently listed area are not essential to the conservation of the 
species. The majority of lynx habitats within the contiguous United 
States are already protected by the Act. Because lynx in the lower 48 
are listed as a DPS, the appropriate LPN for this level of magnitude 
and immediacy of threats is 12.

Current Notice of Review

    We gather data on plants and animals native to the United States 
that appear to merit consideration for addition to the Lists of 
Endangered and Threatened Wildlife and Plants. This notice identifies 
those species that we currently regard as candidates for addition to 
the Lists. These candidates include species and subspecies of fish, 
wildlife, or plants and DPSs of vertebrate animals. This compilation 
relies on information from status surveys conducted for candidate 
assessment and on information from State Natural Heritage Programs, 
other State and Federal agencies, knowledgeable scientists, public and 
private natural resource interests, and comments received in response 
to previous notices of review.
    Tables 1 and 2 list animals arranged alphabetically by common names 
under the major group headings, and list plants alphabetically by names 
of genera, species, and relevant subspecies and varieties. Animals are 
grouped by class or order. Plants are subdivided into two groups: (1) 
Flowering plants and (2) ferns and their allies. Useful synonyms and 
subgeneric scientific names appear in parentheses with the synonyms 
preceded by an ``equals'' sign. Several species that have not yet been 
formally described in the scientific literature are included; such 
species are identified by a generic or specific name (in italics), 
followed by ``sp.'' or ``ssp.'' We incorporate standardized common 
names in these notices as they become available. We sort plants by 
scientific name due to the inconsistencies in common names, the 
inclusion of vernacular and composite subspecific names, and the fact 
that many plants still lack a standardized common name.
    Table 1 lists all candidate species, plus species currently 
proposed for listing under the Act. We emphasize that in this notice we 
are not proposing to list any of the candidate species; rather, we will 
develop and publish proposed listing rules for these species in the 
future. We encourage State agencies, other Federal agencies, and other 
parties to give consideration to these species in environmental 
planning.
    In Table 1, the ``category'' column on the left side of the table 
identifies the status of each species according to the following codes:
    PE--Species proposed for listing as endangered. Proposed species 
are those species for which we have published a proposed rule to list 
as endangered or threatened in the Federal Register. This category does 
not include species for which we have withdrawn or finalized the 
proposed rule.
    PT--Species proposed for listing as threatened.
    PSAT--Species proposed for listing as threatened due to similarity 
of appearance.
    C--Candidates: Species for which we have on file sufficient 
information on biological vulnerability and threats to support 
proposals to list them as endangered or threatened. Issuance of 
proposed rules for these species is precluded at present by other 
higher priority listing actions. This category includes species for 
which we made a 12-month warranted-but-precluded finding on a petition 
to list. We made new findings on all petitions for which we previously 
made ``warranted-but-precluded'' findings. We identify the species for 
which we made a continued warranted-but-precluded finding on a 
resubmitted petition by the code ``C*'' in the category column (see 
``Findings for Petitioned Candidate Species'' section for additional 
information).
    The ``Priority'' column indicates the LPN for each candidate 
species, which we use to determine the most appropriate use of our 
available resources. The lowest numbers have the highest priority. We 
assign LPNs based on the immediacy and magnitude of threats as well as 
on taxonomic status. We published a complete description of our listing 
priority system in the Federal Register (48 FR 43098, September 21, 
1983).
    The third column, ``Lead Region,'' identifies the Regional Office 
to which you should direct information, comments, or questions (see 
addresses under Request for Information at the end of the SUPPLEMENTARY 
INFORMATION section).
    Following the scientific name (fourth column) and the family 
designation (fifth column) is the common name (sixth column). The 
seventh column provides the known historical range for the species or 
vertebrate population (for vertebrate populations, this is the 
historical range for the entire species or subspecies and not just the 
historical range for the distinct population segment), indicated by 
postal code abbreviations for States and U.S. territories. Many species 
no longer occur in all of the areas listed.
    Species in Table 2 of this notice are those we included either as 
proposed species or as candidates in the previous CNOR (published 
November 9, 2009) that are no longer proposed species or candidates for 
listing. Since November 9, 2009, we listed 54 species and removed 1 
species from candidate status for the reason indicated by the code. The 
first column indicates the present status of each species, using the 
following codes (not all of these codes may have been used in this 
CNOR):
    E--Species we listed as endangered.
    T--Species we listed as threatened.
    Rc--Species we removed from the candidate list because currently 
available information does not support a proposed listing.
    Rp--Species we removed from the candidate list because we have 
withdrawn the proposed listing.
    The second column indicates why we no longer regard the species as 
a candidate or proposed species using the following codes (not all of 
these codes may have been used in this CNOR):
    A--Species that are more abundant or widespread than previously 
believed and species that are not subject to the degree of threats 
sufficient to warrant continuing candidate status, or issuing a 
proposed or final listing.
    F--Species whose range no longer includes a U.S. territory.
    I--Species for which we have insufficient information on biological 
vulnerability and threats to support issuance of a proposed rule to 
list.
    L--Species we added to the Lists of Endangered and Threatened 
Wildlife and Plants.
    M--Species we mistakenly included as candidates or proposed species 
in the last notice of review.
    N--Species that are not listable entities based on the Act's 
definition of

[[Page 69284]]

``species'' and current taxonomic understanding.
    U--Species that are not subject to the degree of threats sufficient 
to warrant issuance of a proposed listing or continuance of candidate 
status due, in part or totally, to conservation efforts that remove or 
reduce the threats to the species.
    X--Species we believe to be extinct.
    The columns describing lead region, scientific name, family, common 
name, and historical range include information as previously described 
for Table 1.

Request for Information

    We request you submit any further information on the species named 
in this notice as soon as possible or whenever it becomes available. We 
are particularly interested in any information:
    (1) Indicating that we should add a species to the list of 
candidate species;
    (2) Indicating that we should remove a species from candidate 
status;
    (3) Recommending areas that we should designate as critical habitat 
for a species, or indicating that designation of critical habitat would 
not be prudent for a species;
    (4) Documenting threats to any of the included species;
    (5) Describing the immediacy or magnitude of threats facing 
candidate species;
    (6) Pointing out taxonomic or nomenclature changes for any of the 
species;
    (7) Suggesting appropriate common names; and
    (8) Noting any mistakes, such as errors in the indicated historical 
ranges.
    Submit information, materials, or comments regarding a particular 
species to the Regional Director of the Region identified as having the 
lead responsibility for that species. The regional addresses follow:
    Region 1. Hawaii, Idaho, Oregon, Washington, American Samoa, Guam, 
and Commonwealth of the Northern Mariana Islands. Regional Director 
(TE), U.S. Fish and Wildlife Service, Eastside Federal Complex, 911 NE. 
11th Avenue, Portland, OR 97232-4181 (503/231-6158).
    Region 2. Arizona, New Mexico, Oklahoma, and Texas. Regional 
Director (TE), U.S. Fish and Wildlife Service, 500 Gold Avenue, SW., 
Room 4012, Albuquerque, NM 87102 (505/248-6920).
    Region 3. Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, 
Ohio, and Wisconsin. Regional Director (TE), U.S. Fish and Wildlife 
Service, Bishop Henry Whipple Federal Building, One Federal Drive, Fort 
Snelling, MN 55111-4056 (612/713-5334).
    Region 4. Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 
Mississippi, North Carolina, South Carolina, Tennessee, Puerto Rico, 
and the U.S. Virgin Islands. Regional Director (TE), U.S. Fish and 
Wildlife Service, 1875 Century Boulevard, Suite 200, Atlanta, GA 30345 
(404/679-4156).
    Region 5. Connecticut, Delaware, District of Columbia, Maine, 
Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia. 
Regional Director (TE), U.S. Fish and Wildlife Service, 300 Westgate 
Center Drive, Hadley, MA 01035-9589 (413/253-8615).
    Region 6. Colorado, Kansas, Montana, Nebraska, North Dakota, South 
Dakota, Utah, and Wyoming. Regional Director (TE), U.S. Fish and 
Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver, CO 
80225-0486 (303/236-7400).
    Region 7. Alaska. Regional Director (TE), U.S. Fish and Wildlife 
Service, 1011 East Tudor Road, Anchorage, AK 99503-6199 (907/786-3505).
    Region 8. California and Nevada. Regional Director (TE), U.S. Fish 
and Wildlife Service, 2800 Cottage Way, Suite W2606, Sacramento, CA 
95825 (916/414-6464).
    We will provide information received in response to the previous 
CNOR to the Region having lead responsibility for each candidate 
species mentioned in the submission. We will likewise consider all 
information provided in response to this CNOR in deciding whether to 
propose species for listing and when to undertake necessary listing 
actions (including whether emergency listing pursuant to section 
4(b)(7) of the Act is appropriate). Information and comments we receive 
will become part of the administrative record for the species, which we 
maintain at the appropriate Regional Office.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your submission, be advised 
that your entire submission--including your personal identifying 
information--may be made publicly available at any time. Although you 
can ask us in your submission to withhold from public review your 
personal indentifying information, we cannot guarantee that we will be 
able to do so.

    Authority: This notice is published under the authority of the 
Endangered Species Act (16 U.S.C. 1531 et seq.).

    Dated: October 22, 2010.
Rowan W. Gould,
Acting Director, Fish and Wildlife Service.

                                                Table 1--Candidate Notice of Review (Animals and Plants)
                             [Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Status
-------------------------------------------   Lead  region       Scientific name             Family              Common name          Historical range
            Category              Priority
--------------------------------------------------------------------------------------------------------------------------------------------------------
MAMMALS:
    C*.........................          2  R4                Eumops floridanus....  Molossidae...........  Bat, Florida bonneted  U.S.A. (FL).
    C*.........................          3  R1                Emballonura            Emballonuridae.......  Bat, Pacific sheath-   U.S.A. (GU, CNMI).
                                                               semicaudata rotensis.                         tailed (Mariana
                                                                                                             Islands subspecies).
    C*.........................          3  R1                Emballonura            Emballonuridae.......  Bat, Pacific sheath-   U.S.A. (AS), Fiji,
                                                               semicaudata                                   tailed (American       Independent Samoa,
                                                               semicaudata.                                  Samoa DPS).            Tonga, Vanuatu.
    C*.........................          2  R5                Sylvilagus             Leporidae............  Cottontail, New        U.S.A. (CT, MA, ME,
                                                               transitionalis.                               England.               NH, NY, RI, VT).

[[Page 69285]]

 
    C*.........................          6  R8                Martes pennanti......  Mustelidae...........  Fisher (west coast     U.S.A. (CA, CT, IA,
                                                                                                             DPS).                  ID, IL, IN, KY, MA,
                                                                                                                                    MD, ME, MI, MN, MT,
                                                                                                                                    ND, NH, NJ, NY, OH,
                                                                                                                                    OR, PA, RI, TN, UT,
                                                                                                                                    VA, VT, WA, WI, WV,
                                                                                                                                    WY), Canada.
    C*.........................          3  R2                Zapus hudsonius        Zapodidae............  Mouse, New Mexico      U.S.A. (AZ, CO, NM).
                                                               luteus.                                       meadow jumping.
    C*.........................          3  R1                Thomomys mazama        Geomyidae............  Pocket gopher,         U.S.A. (WA).
                                                               couchi.                                       Shelton.
    C..........................          3  R1                Thomomys mazama        Geomyidae............  Pocket gopher, Brush   U.S.A. (WA).
                                                               douglasii.                                    Prairie.
    C*.........................          3  R1                Thomomys mazama        Geomyidae............  Pocket gopher, Roy     U.S.A. (WA).
                                                               glacialis.                                    Prairie.
    C*.........................          3  R1                Thomomys mazama        Geomyidae............  Pocket gopher,         U.S.A. (WA).
                                                               louiei.                                       Cathlamet.
    C*.........................          3  R1                Thomomys mazama        Geomyidae............  Pocket gopher,         U.S.A. (WA).
                                                               melanops.                                     Olympic.
    C*.........................          3  R1                Thomomys mazama        Geomyidae............  Pocket gopher,         U.S.A. (WA).
                                                               pugetensis.                                   Olympia.
    C*.........................          3  R1                Thomomys mazama        Geomyidae............  Pocket gopher, Tacoma  U.S.A. (WA).
                                                               tacomensis.
    C*.........................          3  R1                Thomomys mazama        Geomyidae............  Pocket gopher, Tenino  U.S.A. (WA).
                                                               tumuli.
    C*.........................          3  R1                Thomomys mazama        Geomyidae............  Pocket gopher, Yelm..  U.S.A. (WA).
                                                               yelmensis.
    C*.........................          3  R6                Cynomys gunnisoni....  Sciuridae............  Prairie dog,           U.S.A. (CO, NM).
                                                                                                             Gunnison's (central
                                                                                                             and south-central
                                                                                                             Colorado, north-
                                                                                                             central New Mexico
                                                                                                             SPR).
    C*.........................          9  R1                Spermophilus brunneus  Sciuridae............  Squirrel, Southern     U.S.A. (ID).
                                                               endemicus.                                    Idaho ground.
    C*.........................          5  R1                Spermophilus           Sciuridae............  Squirrel, Washington   U.S.A. (WA, OR).
                                                               washingtoni.                                  ground.
BIRDS:
    C*.........................          3  R1                Porzana tabuensis....  Rallidae.............  Crake, spotless        U.S.A. (AS),
                                                                                                             (American Samoa DPS).  Australia, Fiji,
                                                                                                                                    Independent Samoa,
                                                                                                                                    Marquesas,
                                                                                                                                    Philippines, Society
                                                                                                                                    Islands, Tonga.
    C*.........................          3  R8                Coccyzus americanus..  Cuculidae............  Cuckoo, yellow-billed  U.S.A. (Lower 48
                                                                                                             (Western U.S. DPS).    States), Canada,
                                                                                                                                    Mexico, Central and
                                                                                                                                    South America.
    C*.........................          9  R1                Gallicolumba stairi..  Columbidae...........  Ground-dove, friendly  U.S.A. (AS),
                                                                                                             (American Samoa DPS).  Independent Samoa.
    C*.........................          3  R1                Eremophila alpestris   Alaudidae............  Horned lark, streaked  U.S.A. (OR, WA),
                                                               strigata.                                                            Canada (BC).
    C*.........................          3  R5                Calidris canutus rufa  Scolopacidae.........  Knot, red............  U.S.A. (Atlantic
                                                                                                                                    coast), Canada,
                                                                                                                                    South America.
    C*.........................          8  R7                Gavia adamsii........  Gaviidae.............  Loon, yellow-billed..  U.S.A. (AK), Canada,
                                                                                                                                    Norway, Russia,
                                                                                                                                    coastal waters of
                                                                                                                                    southern Pacific and
                                                                                                                                    North Sea.
    C*.........................          2  R7                Brachyramphus          Alcidae..............  Murrelet, Kittlitz's.  U.S.A. (AK), Russia.
                                                               brevirostris.
    C*.........................          5  R8                Synthliboramphus       Alcidae..............  Murrelet, Xantus's...  U.S.A. (CA), Mexico.
                                                               hypoleucus.

[[Page 69286]]

 
    C*.........................          2  R6                Anthus spragueii.....  Motacillidae.........  Pipit, Sprauge's.....  U.S.A. (AL, AR, AZ,
                                                                                                                                    CA, GA, LA, MA, MI,
                                                                                                                                    MN, MS, MT, ND, OH,
                                                                                                                                    OK, SC, SD, TX),
                                                                                                                                    Canada, Mexico.
    PT.........................         --  R6                Charadrius montanus..  Charadriidae.........  Plover, mountain.....  U.S.A. (AZ, CA, CO,
                                                                                                                                    KS, MT, ND, NE, NM,
                                                                                                                                    NN, OK, SD, TX, UT,
                                                                                                                                    WY), Canada (AB,
                                                                                                                                    SK), Mexico.
    C*.........................          2  R2                Tympanuchus            Phasianidae..........  Prairie-chicken,       U.S.A. (CO, KA, NM,
                                                               pallidicinctus.                               lesser.                OK, TX).
    C*.........................          8  R6                Centrocercus           Phasianidae..........  Sage-grouse, greater.  U.S.A. (AZ, CA, CO,
                                                               urophasianus.                                                        ID, MT, ND, NE, NV,
                                                                                                                                    OR, SD, UT, WA, WY),
                                                                                                                                    Canada (AB, BC, SK).
    C*.........................          3  R8                Centrocercus           Phasianidae..........  Sage-grouse, greater   U.S.A. (AZ, CA, CO,
                                                               urophasianus.                                 (Bi-State DPS).        ID, MT, ND, NE, NV,
                                                                                                                                    OR, SD, UT, WA, WY),
                                                                                                                                    Canada (AB, BC, SK).
    C*.........................          6  R1                Centrocercus           Phasianidae..........  Sage-grouse, greater   U.S.A. (AZ, CA, CO,
                                                               urophasianus.                                 (Columbia Basin DPS).  ID, MT, ND, NE, NV,
                                                                                                                                    OR, SD, UT, WA, WY),
                                                                                                                                    Canada (AB, BC, SK).
    C*.........................          2  R6                Centrocercus minimus.  Phasianidae..........  Sage-grouse, Gunnison  U.S.A. (AZ, CO, NM,
                                                                                                                                    UT).
    C*.........................          3  R1                Oceanodroma castro...  Hydrobatidae.........  Storm-petrel, band-    U.S.A. (HI), Atlantic
                                                                                                             rumped (Hawaii DPS).   Ocean, Ecuador
                                                                                                                                    (Galapagos Islands),
                                                                                                                                    Japan.
    C*.........................         11  R4                Dendroica angelae....  Emberizidae..........  Warbler, elfin-woods.  U.S.A. (PR).
REPTILES:
    C*.........................          3  R2                Thamnophis eques       Colubridae...........  Gartersnake, northern  U.S.A. (AZ, NM, NV),
                                                               megalops.                                     Mexican.               Mexico.
    C*.........................          2  R2                Sceloporus arenicolus  Iguanidae............  Lizard, sand dune....  U.S.A. (TX, NM).
    C*.........................          9  R3                Sistrurus catenatus    Viperidae............  Massasauga             U.S.A. (IA, IL, IN,
                                                               catenatus.                                    (=rattlesnake),        MI, MO, MN, NY, OH,
                                                                                                             eastern.               PA, WI), Canada.
    C*.........................          3  R4                Pituophis              Colubridae...........  Snake, black pine....  U.S.A. (AL, LA, MS).
                                                               melanoleucus lodingi.
    C*.........................          5  R4                Pituophis ruthveni...  Colubridae...........  Snake, Louisiana pine  U.S.A. (LA, TX).
    C*.........................          3  R2                Chionactis             Colubridae...........  Snake, Tucson shovel-  U.S.A. (AZ).
                                                               occipitalis klauberi.                         nosed.
    C*.........................          3  R2                Kinosternon            Kinosternidae........  Turtle, Sonoyta mud..  U.S.A. (AZ), Mexico.
                                                               sonoriense
                                                               longifemorale.
AMPHIBIANS:
    C*.........................          9  R8                Rana luteiventris....  Ranidae..............  Frog, Columbia         U.S.A. (AK, ID, MT,
                                                                                                             spotted (Great Basin   NV, OR, UT, WA, WY),
                                                                                                             DPS).                  Canada (BC).
    C*.........................          3  R8                Rana muscosa.........  Ranidae..............  Frog, mountain yellow- U.S.A. (CA, NV).
                                                                                                             legged (Sierra
                                                                                                             Nevada DPS).
    C*.........................          2  R1                Rana pretiosa........  Ranidae..............  Frog, Oregon spotted.  U.S.A. (CA, OR, WA),
                                                                                                                                    Canada (BC).
    C*.........................         11  R8                Lithobates onca......  Ranidae..............  Frog, relict leopard.  U.S.A. (AZ, NV, UT).
    PE.........................          3  R3                Cryptobranchus         Crytobranchidae......  Hellbender, Ozark....  U.S.A. (AR, MO).
                                                               alleganiensis
                                                               bishopi.
    C*.........................          2  R2                Eurycea waterlooensis  Plethodontidae.......  Salamander, Austin     U.S.A. (TX).
                                                                                                             blind.

[[Page 69287]]

 
    C*.........................          8  R2                Eurycea naufragia....  Plethodontidae.......  Salamander,            U.S.A. (TX).
                                                                                                             Georgetown.
    C*.........................          2  R2                Plethodon              Plethodontidae.......  Salamander, Jemez      U.S.A. (NM).
                                                               neomexicanus.                                 Mountains.
    C*.........................          8  R2                Eurycea tonkawae.....  Plethodontidae.......  Salamander,            U.S.A. (TX).
                                                                                                             Jollyville Plateau.
    C*.........................          2  R2                Eurycea chisholmensis  Plethodontidae.......  Salamander, Salado...  U.S.A. (TX).
    C*.........................         11  R8                Bufo canorus.........  Bufonidae............  Toad, Yosemite.......  U.S.A. (CA).
    C..........................          3  R2                Hyla wrightorum......  Hylidae..............  Treefrog, Arizona      U.S.A. (AZ), Mexico
                                                                                                             (Huachuca/Canelo       (Sonora).
                                                                                                             DPS).
    C*.........................          8  R4                Necturus alabamensis.  Proteidae............  Waterdog, black        U.S.A. (AL).
                                                                                                             warrior (=Sipsey
                                                                                                             Fork).
FISHES:
    C*.........................          8  R2                Gila nigra...........  Cyprinidae...........  Chub, headwater......  U.S.A. (AZ, NM).
    C*.........................          7  R6                Iotichthys             Cyprinidae...........  Chub, least..........  U.S.A. (UT).
                                                               phlegethontis.
    C*.........................          9  R2                Gila robusta.........  Cyprinidae...........  Chub, roundtail        U.S.A. (AZ, CO, NM,
                                                                                                             (Lower Colorado        UT, WY).
                                                                                                             River Basin DPS).
    PE.........................          5  R4                Phoxinus saylori.....  Cyprinidae...........  Dace, laurel.........  U.S.A. (TN).
    C*.........................         11  R6                Etheostoma cragini...  Percidae.............  Darter, Arkansas.....  U.S.A. (AR, CO, KS,
                                                                                                                                    MO, OK).
    PE.........................          5  R4                Etheostoma susanae...  Percidae.............  Darter, Cumberland...  U.S.A. (KY, TN).
    C..........................          2  R5                Crystallaria cincotta  Percidae.............  Darter, diamond......  U.S.A. (KY, OH, TN,
                                                                                                                                    WV).
    C..........................          3  R4                Etheostoma sagitta     Percidae.............  Darter, Kentucky       U.S.A. (KY).
                                                               spilotum.                                     arrow.
    C*.........................          8  R4                Percina aurora.......  Percidae.............  Darter, Pearl........  U.S.A. (LA, MS).
    PE.........................          2  R4                Etheostoma             Percidae.............  Darter, rush.........  U.S.A. (AL).
                                                               phytophilum.
    PE.........................          2  R4                Etheostoma moorei....  Percidae.............  Darter, yellowcheek..  U.S.A. (AR).
    C*.........................          3  R6                Thymallus arcticus...  Salmonidae...........  Grayling, Arctic       U.S.A. (AK, MI, MT,
                                                                                                             (upper Missouri        WY), Canada,
                                                                                                             River DPS).            northern Asia,
                                                                                                                                    northern Europe.
    PE.........................          2  R4                Noturus crypticus....  Ictaluridae..........  Madtom, chucky.......  U.S.A. (TN).
    C..........................          5  R4                Moxostoma sp.........  Catostomidae.........  Redhorse, sicklefin..  U.S.A. (GA, NC, TN).
    C*.........................          2  R3                Cottus sp............  Cottidae.............  Sculpin, grotto......  U.S.A. (MO).
    C*.........................          5  R2                Notropis oxyrhynchus.  Cyprinidae...........  Shiner, sharpnose....  U.S.A. (TX).
    C*.........................          5  R2                Notropis buccula.....  Cyprinidae...........  Shiner, smalleye.....  U.S.A. (TX).
    C*.........................          3  R2                Catostomus discobolus  Catostomidae.........  Sucker, Zuni bluehead  U.S.A. (AZ, NM).
                                                               yarrowi.
    PSAT.......................        N/A  R1                Salvelinus malma.....  Salmonidae...........  Trout, Dolly Varden..  U.S.A. (AK, WA),
                                                                                                                                    Canada, East Asia.
    C*.........................          9  R2                Oncorhynchus clarki    Salmonidae...........  Trout, Rio Grande      U.S.A. (CO, NM).
                                                               virginalis.                                   cutthroat.
CLAMS:
    C..........................          5  R4                Villosa choctawensis.  Unionidae............  Bean, Choctaw........  U.S.A. (AL, FL).
    PE.........................          2  R3                Villosa fabalis......  Unionidae............  Bean, rayed..........  U.S.A. (IL, IN, KY,
                                                                                                                                    MI, NY, OH, TN, PA,
                                                                                                                                    VA, WV), Canada
                                                                                                                                    (ON).
    C..........................          2  R4                Fusconaia rotulata...  Unionidae............  Ebonyshell, round....  U.S.A. (AL, FL).
    C*.........................          8  R2                Popenaias popei......  Unionidae............  Hornshell, Texas.....  U.S.A. (NM, TX),
                                                                                                                                    Mexico.
    C*.........................          2  R4                Ptychobranchus         Unionidae............  Kidneyshell, fluted..  U.S.A. (AL, KY, TN,
                                                               subtentum.                                                           VA).
    C..........................          2  R4                Ptychobranchus jonesi  Unionidae............  Kidneyshell, southern  U.S.A. (AL, FL).
    C*.........................          2  R4                Lampsilis              Unionidae............  Mucket, Neosho.......  U.S.A. (AR, KS, MO,
                                                               rafinesqueana.                                                       OK).
    C..........................          2  R3                Plethobasus cyphyus..  Unionidae............  Mussel, sheepnose....  U.S.A. (AL, IA, IL,
                                                                                                                                    IN, KY, MN, MO, MS,
                                                                                                                                    OH, PA, TN, VA, WI,
                                                                                                                                    WV).
    C*.........................          2  R4                Margaritifera          Margaritiferidae.....  Pearlshell, Alabama..  U.S.A. (AL).
                                                               marrianae.

[[Page 69288]]

 
    C*.........................          2  R4                Lexingtonia            Unionidae............  Pearlymussel,          U.S.A. (AL, KY, TN,
                                                               dolabelloides.                                slabside.              VA).
    C..........................          5  R4                Pleurobema strodeanum  Unionidae............  Pigtoe, fuzzy........  U.S.A. (AL, FL).
    C..........................          5  R4                Fusconaia escambia...  Unionidae............  Pigtoe, narrow.......  U.S.A. (AL, FL).
    C..........................         11  R4                Fusconaia              Unionidae............  Pigtoe, tapered......  U.S.A. (AL, FL).
                                                               (=Quincuncina)
                                                               burkei.
    C..........................          9  R4                Quadrula cylindrica    Unionidae............  Rabbitsfoot..........  U.S.A. (AL, AR, GA,
                                                               cylindrica.                                                          IN, IL, KS, KY, LA,
                                                                                                                                    MS, MO, OK, OH, PA,
                                                                                                                                    TN, WV).
    C..........................          5  R4                Hamiota (=Lampsilis)   Unionidae............  Sandshell, southern..  U.S.A. (AL, FL).
                                                               australis.
    PE.........................          -  R3                Epioblasma triquetra.  Unionidae............  Snuffbox.............  U.S.A. (IN, MI, NY,
                                                                                                                                    OH, PA, WV), Canada
                                                                                                                                    (ON).
    C..........................          4  R3                Cumberlandia           Margaritiferidae.....  Spectaclecase........  U.S.A. (AL, AR, IA,
                                                               monodonta.                                                           IN, IL, KS, KY, MO,
                                                                                                                                    MN, NE, OH, TN, VA,
                                                                                                                                    WI, WV).
    PE.........................          2  R4                Elliptio spinosa.....  Unionidae............  Spinymussel, Altamaha  U.S.A. (GA).
SNAILS:
    C..........................          8  R4                Elimia melanoides....  Pleuroceridae........  Mudalia, black.......  U.S.A. (AL).
    C*.........................          2  R1                Ostodes strigatus....  Potaridae............  Sisi snail...........  U.S.A. (AS).
    C*.........................          2  R2                Pseudotryonia          Hydrobiidae..........  Snail, Diamond Y       U.S.A. (TX).
                                                               adamantina.                                   Spring.
    C*.........................          2  R1                Samoana fragilis.....  Partulidae...........  Snail, fragile tree..  U.S.A. (GU, MP).
    C*.........................          2  R1                Partula radiolata....  Partulidae...........  Snail, Guam tree.....  U.S.A. (GU).
    C*.........................          2  R1                Partula gibba........  Partulidae...........  Snail, Humped tree...  U.S.A. (GU, MP).
    C*.........................          2  R1                Partulina              Achatinellidae.......  Snail, Lanai tree....  U.S.A. (HI).
                                                               semicarinata.
    C*.........................          2  R1                Partulina variabilis.  Achatinellidae.......  Snail, Lanai tree....  U.S.A. (HI).
    C*.........................          2  R1                Partula langfordi....  Partulidae...........  Snail, Langford's      U.S.A. (MP).
                                                                                                             tree.
    C*.........................          2  R2                Cochliopa texana.....  Hydrobiidae..........  Snail, Phantom cave..  U.S.A. (TX).
    C*.........................          2  R1                Newcombia cumingi....  Achatinellidae.......  Snail, Newcomb's tree  U.S.A. (Hl).
    C*.........................          2  R1                Eua zebrina..........  Partulidae...........  Snail, Tutuila tree..  U.S.A. (AS).
    C*.........................          2  R2                Pyrgulopsis            Hydrobiidae..........  Springsnail,           U.S.A. (NM).
                                                               chupaderae.                                   Chupadera.
    C*.........................         11  R8                Pyrgulopsis            Hydrobiidae..........  Springsnail, elongate  U.S.A. (NV).
                                                               notidicola.                                   mud meadows.
    C*.........................         11  R2                Pyrgulopsis gilae....  Hydrobiidae..........  Springsnail, Gila....  U.S.A. (NM).
    C*.........................          2  R2                Tryonia circumstriata  Hydrobiidae..........  Springsnail, Gonzales  U.S.A. (TX).
                                                               (=stocktonensis).
    C*.........................          8  R2                Pyrgulopsis thompsoni  Hydrobiidae..........  Springsnail, Huachuca  U.S.A. (AZ), Mexico.
    C*.........................         11  R2                Pyrgulopsis thermalis  Hydrobiidae..........  Springsnail, New       U.S.A. (NM).
                                                                                                             Mexico.
    C*.........................          8  R2                Pyrgulopsis morrisoni  Hydrobiidae..........  Springsnail, Page....  U.S.A. (AZ).
    C*.........................          2  R2                Tryonia cheatumi.....  Hydrobiidae..........  Springsnail            U.S.A. (TX).
                                                                                                             (=Tryonia), Phantom.
    C..........................          2  R2                Pyrgulopsis            Hydrobiidae..........  Springsnail, San       U.S.A. (AZ), Mexico
                                                               bernardina.                                   Bernardino.            (Sonora).
    C*.........................          2  R2                Pyrgulopsis trivialis  Hydrobiidae..........  Springsnail, Three     U.S.A. (AZ).
                                                                                                             Forks.
    C*.........................          5  R2                Sonorella              Helminthoglyptidae...  Talussnail, Rosemont.  U.S.A. (AZ).
                                                               rosemontensis.
INSECTS:
    C*.........................          8  R1                Nysius wekiuicola....  Lygaeidae............  Bug, Wekiu...........  U.S.A. (HI).
    C..........................          3  R4                Strymon acis bartrami  Lycaenidae...........  Butterfly, Bartram's   U.S.A. (FL).
                                                                                                             hairstreak.
    C..........................          3  R4                Anaea troglodyta       Nymphalidae..........  Butterfly, Florida     U.S.A. (FL).
                                                               floridalis.                                   leafwing.
    C*.........................          3  R1                Hypolimnas octucula    Nymphalidae..........  Butterfly, Mariana     U.S.A. (GU, MP).
                                                               mariannensis.                                 eight-spot.
    C*.........................          2  R1                Vagrans egistina.....  Nymphalidae..........  Butterfly, Mariana     U.S.A. (GU, MP).
                                                                                                             wandering.
    C*.........................          3  R4                Cyclargus thomasi      Lycaenidae...........  Butterfly, Miami blue  U.S.A. (FL), Bahamas.
                                                               bethunebakeri.

[[Page 69289]]

 
    C*.........................          5  R4                Glyphopsyche           Limnephilidae........  Caddisfly, Sequatchie  U.S.A. (TN).
                                                               sequatchie.
    C..........................          5  R4                Pseudanophthalmus      Carabidae............  Cave beetle, Baker     U.S.A. (TN).
                                                               insularis.                                    Station (= insular).
    C*.........................          5  R4                Pseudanophthalmus      Carabidae............  Cave beetle, Clifton.  U.S.A. (KY).
                                                               caecus.
    C..........................         11  R4                Pseudanophthalmus      Carabidae............  Cave beetle, Coleman.  U.S.A. (TN).
                                                               colemanensis.
    C..........................          5  R4                Pseudanophthalmus      Carabidae............  Cave beetle, Fowler's  U.S.A. (TN).
                                                               fowlerae.
    C*.........................          5  R4                Pseudanophthalmus      Carabidae............  Cave beetle, icebox..  U.S.A. (KY).
                                                               frigidus.
    C..........................          5  R4                Pseudanophthalmus      Carabidae............  Cave beetle, Indian    U.S.A. (TN).
                                                               tiresias.                                     Grave Point (=
                                                                                                             Soothsayer).
    C*.........................          5  R4                Pseudanophthalmus      Carabidae............  Cave beetle, inquirer  U.S.A. (TN).
                                                               inquisitor.
    C*.........................          5  R4                Pseudanophthalmus      Carabidae............  Cave beetle,           U.S.A. (KY).
                                                               troglodytes.                                  Louisville.
    C..........................          5  R4                Pseudanophthalmus      Carabidae............  Cave beetle,           U.S.A. (TN).
                                                               paulus.                                       Noblett's.
    C*.........................          5  R4                Pseudanophthalmus      Carabidae............  Cave beetle, Tatum...  U.S.A. (KY).
                                                               parvus.
    C*.........................          3  R1                Euphydryas editha      Nymphalidae..........  Checkerspot            U.S.A. (OR, WA),
                                                               taylori.                                      butterfly, Taylor's    Canada (BC).
                                                                                                             (= Whulge).
    C*.........................          9  R1                Megalagrion            Coenagrionidae.......  Damselfly, blackline   U.S.A. (HI).
                                                               nigrohamatum                                  Hawaiian.
                                                               nigrolineatum.
    C*.........................          2  R1                Megalagrion            Coenagrionidae.......  Damselfly, crimson     U.S.A. (HI).
                                                               leptodemas.                                   Hawaiian.
    C*.........................          2  R1                Megalagrion oceanicum  Coenagrionidae.......  Damselfly, oceanic     U.S.A. (HI).
                                                                                                             Hawaiian.
    C*.........................          8  R1                Megalagrion            Coenagrionidae.......  Damselfly,             U.S.A. (HI).
                                                               xanthomelas.                                  orangeblack Hawaiian.
    PE.........................          2  R8                Dinacoma caseyi......  Scarabidae...........  June beetle, Casey's.  U.S.A. (CA).
    C..........................          5  R8                Ambrysus funebris....  Naucoridae...........  Naucorid bug           U.S.A. (CA).
                                                                                                             (=Furnace Creek),
                                                                                                             Nevares Spring.
    C*.........................          2  R1                Drosophila digressa..  Drosophilidae........  fly, Hawaiian Picture- U.S.A. (HI).
                                                                                                             wing.
    C*.........................          8  R2                Heterelmis stephani..  Elmidae..............  Riffle beetle,         U.S.A. (AZ).
                                                                                                             Stephan's.
    C*.........................          8  R3                Hesperia dacotae.....  Hesperiidae..........  Skipper, Dakota......  U.S.A. (MN, IA, SD,
                                                                                                                                    ND, IL), Canada.
    C*.........................          8  R1                Polites mardon.......  Hesperiidae..........  Skipper, Mardon......  U.S.A. (CA, OR, WA).
    C*.........................          2  R6                Cicindela albissima..  Cicindelidae.........  Tiger beetle, Coral    U.S.A. (UT).
                                                                                                             Pink Sand Dunes.
    C*.........................          5  R4                Cicindela              Cicindelidae.........  Tiger beetle,          U.S.A. (FL).
                                                               highlandensis.                                highlands.
ARACHNIDS:
    C*.........................          2  R2                Cicurina wartoni.....  Dictynidae...........  Meshweaver, Warton's   U.S.A. (TX).
                                                                                                             cave.
CRUSTACEANS:
    C..........................          2  R2                Gammarus hyalleloides  Gammaridae...........  Amphipod, diminutive.  U.S.A. (TX).
    C..........................          8  R5                Stygobromus kenki....  Crangonyctidae.......  Amphipod, Kenk's.....  U.S.A. (DC, MD).
    C*.........................          5  R1                Metabetaeus lohena...  Alpheidae............  Shrimp, anchialine     U.S.A. (HI).
                                                                                                             pool.
    C*.........................          5  R1                Palaemonella burnsi..  Palaemonidae.........  Shrimp, anchialine     U.S.A. (HI).
                                                                                                             pool.
    C*.........................          5  R1                Procaris hawaiana....  Procarididae.........  Shrimp, anchialine     U.S.A. (HI).
                                                                                                             pool.
    C*.........................          4  R1                Vetericaris chaceorum  Procaridae...........  Shrimp, anchialine     U.S.A. (HI).
                                                                                                             pool.
FLOWERING PLANTS:
    C*.........................         11  R8                Abronia alpina.......  Nyctaginaceae........  Sand-verbena, Ramshaw  U.S.A. (CA).
                                                                                                             Meadows.

[[Page 69290]]

 
    C*.........................          8  R4                Agave eggersiana.....  Agavaceae............  No common name.......  U.S.A. (VI).
    C*.........................          8  R4                Arabis georgiana.....  Brassicaceae.........  Rockcress, Georgia...  U.S.A. (AL, GA).
    C*.........................         11  R4                Argythamnia            Euphorbiaceae........  Silverbush,            U.S.A. (FL).
                                                               blodgettii.                                   Blodgett's.
    C*.........................          3  R1                Artemisia campestris   Asteraceae...........  Wormwood, northern...  U.S.A. (OR, WA).
                                                               var. wormskioldii.
    C*.........................          5  R1                Astragalus anserinus.  Fabaceae.............  Milkvetch, Goose       U.S.A. (ID, NV, UT).
                                                                                                             Creek.
    C..........................          3  R1                Astragalus cusickii    Fabaceae.............  Milkvetch, Packard's.  U.S.A. (ID).
                                                               var. packardiae.
    C*.........................         11  R6                Astragalus tortipes..  Fabaceae.............  Milkvetch, Sleeping    U.S.A. (CO).
                                                                                                             Ute.
    C*.........................          2  R1                Bidens amplectens....  Asteraceae...........  Ko`oko`olau..........  U.S.A. (HI).
    C*.........................          3  R1                Bidens campylotheca    Asteraceae...........  Ko`oko`olau..........  U.S.A. (HI).
                                                               pentamera.
    C*.........................          3  R1                Bidens campylotheca    Asteraceae...........  Ko`oko`olau..........  U.S.A. (HI).
                                                               waihoiensis.
    C*.........................          8  R1                Bidens conjuncta.....  Asteraceae...........  Ko`oko`olau..........  U.S.A. (HI).
    C*.........................          3  R1                Bidens micrantha       Asteraceae...........  Ko`oko`olau..........  U.S.A. (HI).
                                                               ctenophylla.
    C*.........................          8  R4                Brickellia mosieri...  Asteraceae...........  Brickell-bush,         U.S.A. (FL).
                                                                                                             Florida.
    C*.........................          2  R1                Calamagrostis expansa  Poaceae..............  Reedgrass, Maui......  U.S.A. (HI).
    C*.........................          2  R1                Calamagrostis          Poaceae..............  Reedgrass,             U.S.A. (HI).
                                                               hillebrandii.                                 Hillebrand's.
    C*.........................          5  R8                Calochortus            Liliaceae............  Mariposa lily,         U.S.A. (CA, OR).
                                                               persistens.                                   Siskiyou.
    C*.........................          2  R1                Canavalia pubescens..  Fabaceae.............  `Awikiwiki...........  U.S.A. (HI).
    C*.........................          8  R1                Castilleja christii..  Scrophulariaceae.....  Paintbrush, Christ's.  U.S.A. (ID).
    C*.........................          9  R4                Chamaecrista lineata   Fabaceae.............  Pea, Big Pine          U.S.A. (FL).
                                                               var. keyensis.                                partridge.
    C*.........................         12  R4                Chamaesyce deltoidea   Euphorbiaceae........  Sandmat, pineland....  U.S.A. (FL).
                                                               pinetorum.
    C*.........................          9  R4                Chamaesyce deltoidea   Euphorbiaceae........  Spurge, wedge........  U.S.A. (FL).
                                                               serpyllum.
    C*.........................          6  R8                Chorizanthe parryi     Polygonaceae.........  Spineflower, San       U.S.A. (CA).
                                                               var. fernandina.                              Fernando Valley.
    C*.........................          2  R4                Chromolaena frustrata  Asteraceae...........  Thoroughwort, Cape     U.S.A. (FL).
                                                                                                             Sable.
    C*.........................          2  R4                Consolea corallicola.  Cactaceae............  Cactus, Florida        U.S.A. (FL).
                                                                                                             semaphore.
    C*.........................          5  R4                Cordia rupicola......  Boraginaceae.........  No common name.......  U.S.A. (PR), Anegada.
    C*.........................          2  R1                Cyanea asplenifolia..  Campanulaceae........  Haha.................  U.S.A. (HI).
    C*.........................          2  R1                Cyanea calycina......  Campanulaceae........  Haha.................  U.S.A. (HI).
    C*.........................          2  R1                Cyanea kunthiana.....  Campanulaceae........  Haha.................  U.S.A. (HI).
    C*.........................          2  R1                Cyanea lanceolata....  Campanulaceae........  Haha.................  U.S.A. (HI).
    C*.........................          2  R1                Cyanea obtusa........  Campanulaceae........  Haha.................  U.S.A. (HI).
    C*.........................          2  R1                Cyanea tritomantha...  Campanulaceae........  `Aku.................  U.S.A. (HI).
    C*.........................          2  R1                Cyrtandra filipes....  Gesneriaceae.........  Ha`iwale.............  U.S.A. (HI).
    C*.........................          2  R1                Cyrtandra kaulantha..  Gesneriaceae.........  Ha`iwale.............  U.S.A. (HI).
    C*.........................          2  R1                Cyrtandra oxybapha...  Gesneriaceae.........  Ha`iwale.............  U.S.A. (HI).
    C*.........................          2  R1                Cyrtandra sessilis...  Gesneriaceae.........  Ha`iwale.............  U.S.A. (HI).
    C*.........................          3  R4                Dalea carthagenensis   Fabaceae.............  Prairie-clover,        U.S.A. (FL).
                                                               var. floridana.                               Florida.
    C*.........................          5  R5                Dichanthelium hirstii  Poaceae..............  Panic grass, Hirsts'.  U.S.A. (DE, GA, NC,
                                                                                                                                    NJ).
    C*.........................          5  R4                Digitaria pauciflora.  Poaceae..............  Crabgrass, Florida     U.S.A. (FL).
                                                                                                             pineland.
    C*.........................          3  R2                Echinomastus           Cactaceae............  Cactus, Acuna........  U.S.A. (AZ), Mexico.
                                                               erectocentrus var.
                                                               acunensis.
    C*.........................          8  R2                Erigeron lemmonii....  Asteraceae...........  Fleabane, Lemmon.....  U.S.A. (AZ).
    C*.........................          2  R1                Eriogonum codium.....  Polygonaceae.........  Buckwheat, Umtanum     U.S.A. (WA).
                                                                                                             Desert.
    C*.........................          6  R8                Eriogonum corymbosum   Polygonaceae.........  Buckwheat, Las Vegas.  U.S.A. (NV).
                                                               var. nilesii.
    C..........................          5  R8                Eriogonum diatomaceum  Polygonaceae.........  Buckwheat, Churchill   U.S.A. (NV).
                                                                                                             Narrows.

[[Page 69291]]

 
    C*.........................          5  R8                Eriogonum kelloggii..  Polygonaceae.........  Buckwheat, Red         U.S.A. (CA).
                                                                                                             Mountain.
    C*.........................          2  R1                Festuca hawaiiensis..  Poaceae..............  No common name.......  U.S.A. (HI).
    C*.........................         11  R2                Festuca ligulata.....  Poaceae..............  Fescue, Guadalupe....  U.S.A. (TX), Mexico.
    C*.........................          2  R1                Gardenia remyi.......  Rubiaceae............  Nanu.................  U.S.A. (HI).
    C*.........................          8  R1                Geranium hanaense....  Geraniaceae..........  Nohoanu..............  U.S.A. (HI).
    C*.........................          8  R1                Geranium hillebrandii  Geraniaceae..........  Nohoanu..............  U.S.A. (HI).
    C*.........................          5  R4                Gonocalyx concolor...  Ericaceae............  No common name.......  U.S.A. (PR).
    C..........................          2  R4                Harrisia aboriginum..  Cactaceae............  Pricklyapple,          U.S.A. (FL).
                                                                                                             aboriginal
                                                                                                             (shellmound
                                                                                                             applecactus).
    C*.........................          5  R8                Hazardia orcuttii....  Asteraceae...........  Orcutt's hazardia....  U.S.A. (CA), Mexico.
    C*.........................          2  R1                Hedyotis fluviatilis.  Rubiaceae............  Kampua`a.............  U.S.A. (HI).
    C*.........................          8  R4                Helianthus             Asteraceae...........  Sunflower, whorled...  U.S.A. (AL, GA, TN).
                                                               verticillatus.
    C*.........................          2  R2                Hibiscus dasycalyx...  Malvaceae............  Rose-mallow, Neches    U.S.A. (TX).
                                                                                                             River.
    PE.........................          2  R6                Ipomopsis polyantha..  Polemoniaceae........  Skyrocket, Pagosa....  U.S.A. (CO).
    C*.........................          5  R8                Ivesia webberi.......  Rosaceae.............  Ivesia, Webber.......  U.S.A. (CA, NV).
    C*.........................          3  R1                Joinvillea ascendens   Joinvilleaceae.......  `Ohe.................  U.S.A. (HI).
                                                               ascendens.
    C*.........................          2  R1                Korthalsella degeneri  Viscaceae............  Hulumoa..............  U.S.A. (HI).
    C*.........................          5  R4                Leavenworthia crassa.  Brassicaceae.........  Gladecress, unnamed..  U.S.A. (AL).
    C..........................          3  R4                Leavenworthia exigua   Brassicaceae.........  Gladecress, Kentucky.  U.S.A. (KY).
                                                               var. laciniata.
    C*.........................          2  R2                Leavenworthia texana.  Brassicaceae.........  Gladecress, Texas      U.S.A. (TX).
                                                                                                             golden.
    C*.........................          8  R4                Lesquerella globosa..  Brassicaceae.........  Bladderpod, Short's..  U.S.A. (IN, KY, TN).
    C*.........................          5  R4                Linum arenicola......  Linaceae.............  Flax, sand...........  U.S.A. (FL).
    C*.........................          3  R4                Linum carteri var.     Linaceae.............  Flax, Carter's small-  U.S.A. (FL).
                                                               carteri.                                      flowered.
    C*.........................          2  R1                Melicope               Rutaceae.............  Alani................  U.S.A. (HI).
                                                               christophersenii.
    C*.........................          2  R1                Melicope hiiakae.....  Rutaceae.............  Alani................  U.S.A. (HI).
    C*.........................          2  R1                Melicope makahae.....  Rutaceae.............  Alani................  U.S.A. (HI).
    C..........................          3  R8                Mimulus fremontii      Phrymaceae...........  Monkeyflower,          U.S.A. (CA).
                                                               var. vandenbergensis.                         Vandenberg.
    C*.........................          2  R1                Myrsine fosbergii....  Myrsinaceae..........  Kolea................  U.S.A. (HI).
    C*.........................          2  R1                Myrsine vaccinioides.  Myrsinaceae..........  Kolea................  U.S.A. (HI).
    C*.........................          8  R5                Narthecium americanum  Liliaceae............  Asphodel, bog........  U.S.A. (DE, NC, NJ,
                                                                                                                                    NY, SC).
    C*.........................          2  R1                Nothocestrum           Solanaceae...........  `Aiea................  U.S.A. (HI).
                                                               latifolium.
    C*.........................          2  R1                Ochrosia haleakalae..  Apocynaceae..........  Holei................  U.S.A. (HI).
    C*.........................          3  R2                Pediocactus            Cactaceae............  Cactus, Fickeisen      U.S.A. (AZ).
                                                               peeblesianus var.                             plains.
                                                               fickeiseniae.
    PT.........................          2  R6                Penstemon debilis....  Scrophulariaceae.....  Beardtongue,           U.S.A. (CO).
                                                                                                             Parachute.
    C*.........................          9  R6                Penstemon scariosus    Scrophulariaceae.....  Beardtongue, White     U.S.A. (CO, UT).
                                                               var. albifluvis.                              River.
    C*.........................          2  R1                Peperomia              Piperaceae...........  `Ala `ala wai nui....  U.S.A. (HI).
                                                               subpetiolata.
    C..........................          5  R8                Phacelia stellaris...  Hydrophyllaceae......  Phacelia, Brand's....  U.S.A. (CA), Mexico.
    PT.........................          8  R6                Phacelia submutica...  Hydrophyllaceae......  Phacelia, DeBeque....  U.S.A. (CO).
    C*.........................          2  R1                Phyllostegia           Lamiaceae............  No common name.......  U.S.A. (HI).
                                                               bracteata.
    C*.........................          8  R1                Phyllostegia           Lamiaceae............  No common name.......  U.S.A. (HI).
                                                               floribunda.
    C*.........................          9  R1                Physaria douglasii     Brassicaceae.........  Bladderpod, White      U.S.A. (WA).
                                                               tuplashensis.                                 Bluffs.
    C*.........................          8  R4                Platanthera            Orchidaceae..........  Orchid, white          U.S.A. (AL, GA, KY,
                                                               integrilabia.                                 fringeless.            MS, NC, SC, TN, VA).
    C*.........................          3  R1                Platydesma cornuta     Rutaceae.............  No common name.......  U.S.A. (HI).
                                                               var. cornuta.
    C*.........................          3  R1                Platydesma cornuta     Rutaceae.............  No common name.......  U.S.A. (HI).
                                                               var. decurrens.
    C*.........................          2  R1                Platydesma remyi.....  Rutaceae.............  No common name.......  U.S.A. (HI).
    C..........................          2  R1                Pleomele fernaldii...  Agavaceae............  Hala pepe............  U.S.A. (HI).
    C*.........................          2  R1                Pleomele forbesii....  Agavaceae............  Hala pepe............  U.S.A. (HI).

[[Page 69292]]

 
    C*.........................         11  R8                Potentilla basaltica.  Rosaceae.............  Cinquefoil, Soldier    U.S.A. (NV).
                                                                                                             Meadow.
    C*.........................          3  R1                Pseudognaphalium       Asteraceae...........  `Ena`ena.............  U.S.A. (HI).
                                                               (=Gnaphalium)
                                                               sandwicensium var.
                                                               molokaiense.
    C*.........................          3  R1                Psychotria hexandra    Rubiaceae............  Kopiko...............  U.S.A. (HI).
                                                               ssp. oahuensis var.
                                                               oahuensis.
    C*.........................          2  R1                Pteralyxia macrocarpa  Apocynaceae..........  Kaulu................  U.S.A. (HI).
    C*.........................          2  R1                Ranunculus hawaiensis  Ranunculaceae........  Makou................  U.S.A. (HI).
    C*.........................          2  R1                Ranunculus mauiensis.  Ranunculaceae........  Makou................  U.S.A. (HI).
    C*.........................          8  R8                Rorippa subumbellata.  Brassicaceae.........  Cress, Tahoe yellow..  U.S.A. (CA, NV).
    C*.........................          2  R1                Schiedea pubescens...  Caryophyllaceae......  Ma`oli`oli...........  U.S.A. (HI).
    C*.........................          2  R1                Schiedea salicaria...  Caryophyllaceae......  No common name.......  U.S.A. (HI).
    C*.........................          5  R8                Sedum eastwoodiae....  Crassulaceae.........  Stonecrop, Red         U.S.A. (CA).
                                                                                                             Mountain.
    C*.........................          2  R1                Sicyos macrophyllus..  Cucurbitaceae........  `Anunu...............  U.S.A. (HI).
    C..........................         12  R4                Sideroxylon            Sapotaceae...........  Bully, Everglades....  U.S.A. (FL).
                                                               reclinatum
                                                               austrofloridense.
    C*.........................          8  R1                Solanum nelsonii.....  Solanaceae...........  Popolo...............  U.S.A. (HI).
    C..........................          8  R4                Solidago plumosa.....  Asteraceae...........  Goldenrod, Yadkin      U.S.A. (NC).
                                                                                                             River.
    C*.........................          2  R2                Sphaeralcea            Malvaceae............  Mallow, Gierisch.....  U.S.A. (AZ, UT).
                                                               gierischii.
    C*.........................          2  R1                Stenogyne cranwelliae  Lamiaceae............  No common name.......  U.S.A. (HI).
    C*.........................          8  R4                Symphyotrichum         Asteraceae...........  Aster, Georgia.......  U.S.A. (AL, FL, GA,
                                                               georgianum.                                                          NC, SC).
    C*.........................          2  R1                Zanthoxylum oahuense.  Rutaceae.............  A`e..................  U.S.A. (HI).
FERNS AND
ALLIES:
    C*.........................          8  R1                Christella boydiae (=  Thelypteridaceae.....  No common name.......  U.S.A. (HI).
                                                               Cyclosorus boydiae
                                                               var. boydiae +
                                                               Cyclosorus boydiae
                                                               kipahuluensis).
    C*.........................          2  R1                Doryopteris takeuchii  Pteridaceae..........  No common name.......  U.S.A. (HI).
    C*.........................          2  R1                Huperzia (=            Lycopodiaceae........  Wawae`iole...........  U.S.A. (HI).
                                                               Phlegmariurus)
                                                               stemmermanniae.
    C*.........................          3  R1                Microlepia strigosa    Dennstaedtiaceae.....  Palapalai............  U.S.A. (HI).
                                                               var. mauiensis (=
                                                               Microlepia
                                                               mauiensis).
    C..........................          3  R4                Trichomanes punctatum  Hymenophyllaceae.....  Florida bristle fern.  U.S.A. (FL).
                                                               floridanum.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                    Table 2--Animals and Plants Formerly Candidates or Formerly Proposed for Listing
                             [Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Status
------------------------------------------------   Lead region       Scientific name           Family              Common name        Historical range
             Code                    Expl.
--------------------------------------------------------------------------------------------------------------------------------------------------------
MAMMALS:
    Rc........................  A, U             R8               Xerospermophilus      Sciuridae...........  Squirrel, Palm        U.S.A. (CA).
                                                                   tereticaudus                                Springs (=
                                                                   chlorus.                                    Coachella Valley)
                                                                                                               round-tailed ground.
BIRDS:
    E.........................  L                R1               Loxops                Fringillidae........  Akekee                U.S.A. (HI).
                                                                   caeruleirostris.                            (honeycreeper).
    E.........................  L                R1               Oreomystis bairdi...  Fringillidae........  Akikiki (Kauai        U.S.A. (HI).
                                                                                                               creeper).
CLAMS:
    E.........................  L                R4               Pleurobema            Unionidae...........  Pigtoe, Georgia.....  U.S.A. (AL, GA, TN).
                                                                   hanleyianum.
SNAILS:

[[Page 69293]]

 
    E.........................  L                R4               Pleurocera foremani.  Pleuroceridae.......  Hornsnail, rough....  U.S.A. (AL).
    E.........................  L                R4               Leptoxis foremani (=  Pleuroceridae.......  Rocksnail,            U.S.A. (GA, AL).
                                                                   downei).                                    Interrupted (=
                                                                                                               Georgia).
INSECTS:
    E.........................  L                R1               Megalagrion nesiotes  Coenagrionidae......  Damselfly, flying     U.S.A. (HI).
                                                                                                               earwig Hawaiian.
    E.........................  L                R1               Megalagrion           Coenagrionidae......  Damselfly, Pacific    U.S.A. (HI).
                                                                   pacificum.                                  Hawaiian.
    E.........................  L                R1               Drosophila attigua..  Drosophilidae.......  Fly, Hawaiian         U.S.A. (HI).
                                                                                                               picture-wing.
FLOWERING PLANTS:
    E.........................  L                R1               Astelia waialealae..  Liliaceae...........  Pa`iniu.............  U.S.A. (HI).
    E.........................  L                R1               Canavalia             Fabaceae............  `Awikiwiki..........  U.S.A. (HI).
                                                                   napaliensis.
    E.........................  L                R1               Chamaesyce            Euphorbiaceae.......  `Akoko..............  U.S.A. (HI).
                                                                   eleanoriae.
    E.........................  L                R1               Chamaesyce remyi      Euphorbiaceae.......  `Akoko..............  U.S.A. (HI).
                                                                   var. kauaiensis.
    E.........................  L                R1               Chamaesyce remyi      Euphorbiaceae.......  `Akoko..............  U.S.A. (HI).
                                                                   var. remyi.
    E.........................  L                R1               Charpentiera          Amaranthaceae.......  Papala..............  U.S.A. (HI).
                                                                   densiflora.
    E.........................  L                R1               Cyanea dolichopoda..  Campanulaceae.......  Haha................  U.S.A. (HI).
    E.........................  L                R1               Cyanea eleeleensis..  Campanulaceae.......  Haha................  U.S.A. (HI).
    E.........................  L                R1               Cyanea kolekoleensis  Campanulaceae.......  Haha................  U.S.A. (HI).
    E.........................  L                R1               Cyanea kuhihewa.....  Campanulaceae.......  Haha................  U.S.A. (HI).
    E.........................  L                R1               Cyrtandra oenobarba.  Gesneriaceae........  Ha`iwale............  U.S.A. (HI).
    E.........................  L                R1               Cyrtandra paliku....  Gesneriaceae........  Ha`iwale............  U.S.A. (HI).
    E.........................  L                R1               Dubautia imbricata    Asteraceae..........  Na`ena`e............  U.S.A. (HI).
                                                                   imbricata.
    E.........................  L                R1               Dubautia              Asteraceae..........  Na`ena`e............  U.S.A. (HI).
                                                                   kalalauensis.
    E.........................  L                R1               Dubautia kenwoodii..  Asteraceae..........  Na`ena`e............  U.S.A. (HI).
    E.........................  L                R1               Dubautia plantaginea  Asteraceae..........  Na`ena`e............  U.S.A. (HI).
                                                                   magnifolia.
    E.........................  L                R1               Dubautia waialealae.  Asteraceae..........  Na`ena`e............  U.S.A. (HI).
    E.........................  L                R1               Geranium kauaiense..  Geraniaceae.........  Nohoanu.............  U.S.A. (HI).
    E.........................  L                R1               Keysseria erici.....  Asteraceae..........  No common name......  U.S.A. (HI).
    E.........................  L                R1               Keysseria helenae...  Asteraceae..........  No common name......  U.S.A. (HI).
    E.........................  L                R1               Labordia helleri....  Loganiaceae.........  Kamakahala..........  U.S.A. (HI).
    E.........................  L                R1               Labordia pumila.....  Loganiaceae.........  Kamakahala..........  U.S.A. (HI).
    T.........................  L                R1               Lepidium              Brassicaceae........  Peppergrass,          U.S.A. (ID).
                                                                   papilliferum.                               slickspot.
    E.........................  L                R1               Lysimachia            Myrsinaceae.........  Lehua makanoe.......  U.S.A. (HI).
                                                                   daphnoides.
    E.........................  L                R1               Lysimachia iniki....  Myrsinaceae.........  No common name......  U.S.A. (HI).
    E.........................  L                R1               Lysimachia pendens..  Myrsinaceae.........  No common name......  U.S.A. (HI).
    E.........................  L                R1               Lysimachia            Myrsinaceae.........  No common name......  U.S.A. (HI).
                                                                   scopulensis.
    E.........................  L                R1               Lysimachia venosa...  Myrsinaceae.........  No common name......  U.S.A. (HI).
    E.........................  L                R1               Melicope degeneri...  Rutaceae............  Alani...............  U.S.A. (HI).
    E.........................  L                R1               Melicope paniculata.  Rutaceae............  Alani...............  U.S.A. (HI).
    E.........................  L                R1               Melicope puberula...  Rutaceae............  Alani...............  U.S.A. (HI).
    E.........................  L                R1               Myrsine knudsenii...  Myrsinaceae.........  Kolea...............  U.S.A. (HI).
    E.........................  L                R1               Myrsine mezii.......  Myrsinaceae.........  Kolea...............  U.S.A. (HI).
    E.........................  L                R1               Phyllostegia          Lamiaceae...........  No common name......  U.S.A. (HI).
                                                                   renovans.
    E.........................  L                R1               Pittosporum           Pittosporaceae......  Ho`awa..............  U.S.A. (HI).
                                                                   napaliense.
    E.........................  L                R1               Platydesma rostrata.  Rutaceae............  Pilo kea lau li`i...  U.S.A. (HI).
    E.........................  L                R1               Pritchardia hardyi..  Asteraceae..........  Lo`ulu..............  U.S.A. (HI).
    E.........................  L                R1               Psychotria            Rubiaceae...........  Kopiko..............  U.S.A. (HI).
                                                                   grandiflora.
    E.........................  L                R1               Psychotria hobdyi...  Rubiaceae...........  Kopiko..............  U.S.A. (HI).
    E.........................  L                R1               Schiedea attenuata..  Caryophyllaceae.....  No common name......  U.S.A. (HI).
    E.........................  L                R1               Stenogyne kealiae...  Lamiaceae...........  No common name......  U.S.A. (HI).
    E.........................  L                R1               Tetraplasandra        Araliaceae..........  No common name......  U.S.A. (HI).
                                                                   bisattenuata.
    E.........................  L                R1               Tetraplasandra        Araliaceae..........  No common name......  U.S.A. (HI).
                                                                   flynnii.
    E.........................  L                R1               Diellia mannii......  Aspleniaceae........  No common name......  U.S.A. (HI).
    E.........................  L                R1               Doryopteris angelica  Pteridaceae.........  No common name......  U.S.A. (HI).

[[Page 69294]]

 
    E.........................  L                R1               Dryopteris crinalis   Dryopteridaceae.....  Palapalai aumakua...  U.S.A. (HI).
                                                                   var. podosorus.
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[FR Doc. 2010-27686 Filed 11-9-10; 8:45 am]
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