[Federal Register Volume 76, Number 207 (Wednesday, October 26, 2011)]
[Proposed Rules]
[Pages 66369-66439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27122]



[[Page 66369]]

Vol. 76

Wednesday,

No. 207

October 26, 2011

Part II





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. 76 , No. 207 / Wednesday, October 26, 2011 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R9-ES-2011-0061; 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) for each candidate 
species.
    Overall, this CNOR recognizes three new candidates, changes the LPN 
for seven candidates, and removes three 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 244.
    This document also includes our findings on resubmitted petitions 
and describes our progress in revising the Lists of Endangered and 
Threatened Wildlife and Plants (Lists) during the period October 1, 
2010, through September 30, 2011.
    We request additional status information that may be available for 
the 244 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-e-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 
Office of Communications and Candidate Conservation, Arlington, VA (see 
address under FOR FURTHER INFORMATION CONTACT), 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 under FOR FURTHER 
INFORMATION CONTACT. 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, Office of 
Communications and Candidate Conservation, U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203 
(telephone 703-358-2171). 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 Office of Communications and Candidate 
Conservation, Arlington, VA (see address under FOR FURTHER INFORMATION 
CONTACT).

Candidate Notice of Review

Background

    The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
seq.) (ESA), 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 
ESA, 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

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those candidate species that may not require protection under the ESA 
or additional species that may require the ESA'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 10, 2010 (75 FR 69222). 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 Office of Communications and Candidate Conservation (see FOR 
FURTHER INFORMATION CONTACT 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 ESA 
(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 timescale (once the threats are imminent) than for species 
with lower magnitude threats. Because 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 or extent of range of the species affected by 
the threat(s) or both; 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 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).
    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 or DPS 
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 10, 2010 (75 FR 
69222), 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 ESA. 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 3 new candidate species (see 
New Candidates, below), change the LPN for 7 candidates (see Listing 
Priority Changes in Candidates, below) and determine that a listing 
proposal is not warranted for 3 species and thus remove them from 
candidate status (see Candidate Removals, below). Combined with the 
other decisions published separately from this CNOR for individual 
species that previously were candidates, a total of 244 species 
(including 104 plant and 140 animal

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species) are now candidates awaiting preparation of rules proposing 
their listing. These 244 species, along with the 48 species currently 
proposed for listing (includes 4 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 14 
species identified in the previous CNOR as either proposed for listing 
or classified as candidates that are no longer in those categories. 
This includes nine species for which we published a final listing rule, 
one species for which we published an emergency listing rule, one 
species for which we published a withdrawal of a proposed rule, plus 
the three species that we have determined do not meet the definition of 
endangered or threatened and therefore do not warrant listing. We have 
removed these species from candidate status in this CNOR. Also included 
in Table 2 are three species for which we published an emergency 
listing rule due to similarity in appearance; these three species were 
not previously candidate species.

New Candidates

    Below we present a brief summary of one new snail (magnificent 
ramshorn), one new insect (Poweshiek skipperling), and one new plant 
candidate (Streptanthus bracteatus), which are additions to this year's 
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 18 other species--Pacific 
walrus, gopher tortoise (eastern population), striped newt, 7 species 
of Hawaiian yellow-faced bees (Hylaeus anthracinus, H. assimulans, H. 
facilis, H. hilaris, H. kuakea, H. longiceps, and H. mana), Hermes 
copper butterfly, Mt. Charleston blue butterfly, Puerto Rican harlequin 
butterfly, Boechera pusilla (Fremont County rockcress), Eriogonum 
soredium (Frisco buckwheat), Lepidium ostleri (Ostler's peppergrass), 
Pinus albicaulis (whitebark pine), Trifolium friscanum (Frisco 
clover)--were identified as candidates earlier this year as a result of 
separate petition findings published in the Federal Register.

Mammals

    Pacific walrus (Odobenus rosmarus divergens)--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 February 10, 2011 (76 
FR 7634).

Reptiles

    Gopher tortoise, eastern population (Gopherus polyphemus)--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 July 27, 
2011 (76 FR 45130).

Amphibians

    Striped newt (Notophthalmus perstriatus)--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 7, 2011 (76 FR 32911).

Snails

    Magnificent ramshorn (Planorbella magnifica)--The following summary 
is based on information in our files. No new information was provided 
in the petition received on April 20, 2010 (after we initiated our 
assessment of this species). The magnificent ramshorn is a freshwater 
snail in the family Planorbidae (Pilsbry 1903). It is the largest North 
American snail in this family. The magnificent ramshorn is endemic to 
the lower Cape Fear River basin, North Carolina. The species has been 
recorded from only four sites in the lower Cape Fear River Basin in New 
Hanover and Brunswick Counties, North Carolina, but is believed to be 
extirpated from all four of these sites. The only known surviving 
population is a captive population, comprised of approximately 100 
adults, being maintained and propagated by a private biologist.
    Available information indicates that suitable habitat for the 
species is restricted to relatively shallow, sheltered portions of 
still or sluggish, freshwater bodies with an abundance and diversity of 
submerged aquatic vegetation and a circumneutral pH (pH within the 
range of 6.8-7.5). The only known records for the species are post-1900 
and are from manmade millponds constructed in the 1700s to provide a 
freshwater source for rice agriculture. However, these impoundments 
closely replicate beaver-pond habitat, and it is plausible that the 
species was once a faunal component of beaver ponds. The species may 
also have once inhabited backwater and other sluggish portions of the 
main channel of lower Cape Fear River.
    Beaver-pond habitat was eliminated for several decades throughout 
much of the lower Cape Fear River as a result of the extirpation of the 
North American beaver due to trapping and hunting during the 19th and 
early 20th centuries. This, together with draining and destruction of 
beaver ponds for development, agriculture, and other purposes, is 
believed to have led to a significant decline in the snail's habitat. 
Also, dredging and deepening of the Cape Fear River channel, which 
began as early as 1822, and opening of the Atlantic Intercoastal 
Waterway (through Snow's Cut) in 1930 for navigational purposes have 
caused saltwater intrusion, altered the diversity and abundance of 
aquatic vegetation, and changed flows and current patterns far up the 
river channel and its lower tributaries. Under these circumstances, the 
magnificent ramshorn could have survived only in areas of tributary 
streams not affected by salt water intrusion and other changes, such as 
the millponds protected from saltwater intrusion by their dams. The 
species is believed to have been eliminated from the millponds from 
which it has been recorded due to saltwater intrusion during severe 
storms (Hurricane Fran) and drought conditions, increased input of 
nutrients and other pollutants from development activities adversely 
affecting water quality/chemistry and leading to increased nuisance 
aquatic plant and algae growth, and efforts, harmful to the snail, by 
landowners to control nuisance plant and algae growth.
    While efforts have been made to restore habitat for the magnificent 
ramshorn at one of the sites known to have previously supported the 
species, all of the sites known to have previously supported the snail 
continue to be affected or threatened by most of the same factors 
(i.e., saltwater intrusion and other water quality degradation, 
nuisance aquatic plant control, storms, sea level rise, etc.) believed 
to have resulted in extirpation of the species from the wild. 
Currently, only a single captive population of the species is known to 
exist. Although this captive population of the species has been 
maintained since 1993, a single catastrophic event, such as a severe 
storm, disease, or predator infestation, affecting this captive 
population could

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result in extinction of the species. Accordingly, the magnitude of the 
threats to the species' survival is high. The threats are ongoing and 
therefore imminent. Thus, we have assigned an LPN of 2 to this species.

Insects

    Hawaiian yellow-faced bees (Hylaeus anthracinus, H. assimulans, H. 
facilis, H. hilaris, H. kuakea, H. longiceps, and H. mana)--We 
previously announced candidate status for these 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 6, 2011 (76 FR 55170).
    Hermes copper butterfly (Hermelycaena [Lycaena] hermes)--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 April 
14, 2011 (76 FR 20918).
    Mt. Charleston blue butterfly (Plebejus shasta charlestonensis)--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 8, 
2011 (76 FR 12667).
    Puerto Rican harlequin butterfly (Atlantea tulita)--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 May 31, 2011 (76 FR 
31282).
    Poweshiek skipperling (Oarisma poweshiek) --The following summary 
is based on information contained in our files. The Poweshiek 
skipperling is a small butterfly that currently inhabits high-quality 
tallgrass prairie in Iowa, Minnesota, North Dakota, South Dakota, and 
Wisconsin and prairie fens in Michigan; it also occurs in the province 
of Manitoba, Canada. The species is presumed to be extirpated from 
Illinois and Indiana and from many sites within occupied States.
    The Poweshiek skipperling 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, State agencies, the Sisseton-Wahpeton Sioux 
Tribe, and private organizations (e.g., The Nature Conservancy) protect 
and manage some Poweshiek skipperling sites. Careful and considered 
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 
Poweshiek skipperling, but approximately one-quarter 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 
preclude adverse effects from overgrazing. The threats are such that 
the Poweshiek skipperling warrants listing; the threats are high in 
magnitude because habitat degradation and other stressors has resulted 
in sharp declines in the western portion of its range which contains 
more than 90 percent of the species site records. We assigned this 
species an LPN of 2 to reflect the ongoing, and therefore, imminent 
threats to the species' habitat and sharp population declines 
documented recently, especially in Iowa and Minnesota.

Flowering Plants

    Boechera pusilla (Fremont County rockcress) --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 9, 2011 (76 FR 
33924).
    Eriogonum soredium (Frisco buckwheat)--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 February 23, 2011 (76 FR 10166).
    Lepidium ostleri (Ostler's peppergrass)--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 February 23, 2011 (76 FR 10166).
    Pinus albicaulis (whitebark pine)--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 July 19, 2011 (76 FR 42631).
    Streptanthus bracteatus (bracted twistflower)--The following 
summary is based on information obtained from our files, on-line 
herbarium databases, surveys and monitoring data, seed-collection data, 
and scientific publications. Bracted twistflower, an annual herbaceous 
plant of the Brassicaceae (mustard family), is endemic to a small 
portion of the Edwards Plateau of Texas. From 1989 to 2010, 32 
populations have been documented in five counties; of these, 15 
populations remain with intact habitat, 9 persist in degraded or 
partially destroyed habitats, and 8 are presumed extirpated. Only 9 of 
the intact populations occur in protected natural areas.
    The continued survival of bracted twistflower is imminently 
threatened by habitat destruction from urban development, severe 
herbivory from very dense herds of white-tailed deer, and the increased 
density of woody plant cover. Additional ongoing threats include 
erosion and trampling from foot and mountain-bike trails, a pathogenic 
fungus of unknown origin, and insufficient protection by existing 
regulations. Furthermore, due to the small size and isolation of 
remaining populations and lack of gene flow between them, several 
populations are now inbred and may have insufficient genetic diversity 
for long-term survival. The consistent failure of pilot reintroduction 
efforts has so far prevented the augmentation and reintroduction of 
populations in protected, managed sites. Optimal vegetation management 
of bracted twistflower populations may be incompatible with the 
management of golden-cheeked warbler nesting habitat. The species is 
potentially threatened by as-yet unknown impacts of climate change. The 
Service has established a voluntary Memorandum of Agreement with Texas 
Parks and Wildlife Department, the City of Austin, Travis County, the 
Lower Colorado River Authority, and the Lady Bird Johnson Wildflower 
Center to protect bracted twistflower and its habitats on tracts of 
Balcones Canyonlands Preserve. The threats to bracted twistflower are 
of moderate magnitude, and are ongoing and, therefore, imminent. We 
find that bracted twistflower is warranted for listing throughout all 
of its range and assigned it an LPN of 8.
    Trifolium friscanum (Frisco clover)-- 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 February 23, 2011 (76 FR 10166).

[[Page 66374]]

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.

Birds

    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 that inhabits Alaskan coastal waters discontinuously, from 
Point Lay south to northern portions of southeast Alaska, west to the 
tip of the Aleutian Islands, and the eastern coastline of Russia. 
During the breeding season, most Kittlitz's murrelets are associated 
with tidewater glaciers, but breeding has also been documented 
throughout their range in areas where glaciers no longer exist. We 
concluded in the past that the loss of tidewater glaciers was a threat 
to the species and the magnitude of that threat was high because of the 
rate of change in the glaciers. There is no doubt that tidewater 
glaciers are receding most likely due to climate change. It is also 
clear that in one part of their range, Kittlitz's murrelets are 
associated with glacially influenced waters during the summer breeding 
period. What is unclear is the nature of the association and if these 
areas are more important to the Kittlitz's murrelet's population 
viability than other areas. Nests have been documented throughout their 
range; what is unknown is if nest survival is better near glaciers. 
Although we know that Kittlitz's murrelet habitat will continue to be 
modified as glaciers continue to recede, we currently do not have 
evidence that this modification will lead to conditions that will lead 
to a population-level decline.
    In the past we had a high level of concern over the population 
decline and its magnitude. Although we still conclude that the 
population has declined, based on ongoing analyses, the magnitude of 
the decline is much less certain. Work is currently underway to 
evaluate past surveys and the status and trend of Kittlitz's murrelet 
across its range. We anticipate that our ability to evaluate trends and 
population size will be greatly improved when these projects are 
completed and published.
    Based on new information, the focus of our concern has shifted to 
the low reproductive success of Kittlitz's murrelet. Our concern is 
based on three lines of reasoning: at the locations where we have the 
most complete information, Agattu and Kodiak Islands, nest success is 
very low (less than 10 percent); few juvenile birds have been 
documented; and there are indications that few females (approximately 
10 percent) are breeding in spite of the fact (based on blood 
chemistry) that approximately 90 percent appear to be physiologically 
prepared to breed. Although the implications of these results are 
serious, we must temper our concern with the knowledge that the results 
are limited to small parts of the murrelet's range and for a long-lived 
bird, we have data for relatively few years. Consequently, we conclude 
that the magnitude of this threat is moderate.
    For a K-selected species such as Kittlitz's murrelet, loss of the 
adults is particularly important, and we have identified several 
sources of adult mortality such as hydrocarbon contamination, 
entanglement in gillnets, and predation. Although none of these sources 
of mortality alone rises to the level of a threat, in total, the 
chronic, low-level loss of adults, in combination with evidence that a 
small proportion of the population is breeding, and the low 
reproductive success lead us to conclude that it will be difficult for 
this species to maintain a stable population level or rebound from a 
stochastic event that causes population loss. The magnitude of threat 
from these sources is low to moderate, depending on events that occur 
in a given year (number and location of oil spills/ship wrecks, number 
and location of gillnets).
    For these reasons, this year, our focus shifted from the loss of 
glaciers to poor reproductive success. Poor nest success (as opposed to 
adult mortality) could be the underlying reason for the population 
decline, and if it is occurring rangewide, the population would be 
expected to continue to decline. Currently, our most detailed nest 
information comes from Agattu and Kodiak Islands. Whether these 
locations and the timeframe observed are representative of the 
rangewide situation is unknown; therefore, we have determined that 
threat magnitude is moderate, not high. Because the identified threats 
are currently occurring, they are imminent. Thus, we are changing the 
LPN from a 2 to an 8.
    Sprague's pipit (Anthus spragueii)--The following summary is based 
on information contained in our files and in the petition we received 
on October 15, 2008. This species occurs in Arizona, Colorado, Kansas, 
Louisiana, Minnesota, Montana, Nebraska, New Mexico, North Dakota, 
Oklahoma, South Dakota, Texas, Canada, and Mexico. The Sprague's pipit 
is a small grassland bird characterized by its high flight display and 
otherwise very secretive behavior. Sprague's pipits are strongly tied 
to native prairie (land which has never been plowed) throughout their 
life cycle.
    Threats to this species include: Habitat loss and conversion, 
habitat fragmentation on the breeding grounds, energy development, 
roads, and inadequacy of existing regulatory mechanisms. Only 15 to 18 
percent of the historical breeding habitat in the United States remains 
due to prairie habitat loss and fragmentation. The Breeding Bird Survey 
and Christmas Bird Count both show a 40-year decline of 73 to 79 
percent (3.23 to 4.1 percent annually). We anticipate that prairie 
habitat will continue to be converted and fragmented. Most of the 
breeding range, including those areas where grassland habitat still 
remains, has been identified as a prime area for wind energy 
development, and an oil and gas boom is occurring in the central part 
of the breeding range in the United States and Canada. On the wintering 
range, conversion of grassland to agriculture and other uses appears to 
be accelerating. We recently announced candidate status for Sprague's 
pipit in a warranted-but-precluded 12-month petition finding published 
on September 15, 2010 (75 FR 56028). Because of an error in our 
original GIS analysis of the magnitude of the threats (as presented in 
our 12-month finding), we have now determined that the magnitude of 
threats is moderate as a smaller area of the range is affected by the 
threats, thereby reducing the effect of the threats to a lower level. 
Thus, we are changing the LPN of the Sprague's pipit from a 2 to an 8.

Reptiles

    Eastern massasauga rattlesnake (Sistrurus catenatus)--Until 2011, 
the eastern massasauga was considered one of three recognized 
subspecies of massasauga. Recent information indicates that the eastern 
massasauga represents a distinct species, and we recognize it as such 
beginning in 2011. It is a small, thick-bodied rattlesnake that 
occupies shallow wetlands and adjacent upland habitat in portions of 
Illinois, Indiana, Iowa, Michigan, Minnesota, New York, Ohio, 
Pennsylvania, Wisconsin, and Ontario. Populations in Missouri, formerly 
included within the previously recognized subspecies of eastern

[[Page 66375]]

massasauga, are now considered to be the western massasauga, Sistrurus 
tergeminus tergeminus.
    Although the current range of S. catenatus resembles the species' 
historical range, the geographic distribution has been restricted by 
the loss of the species from much of the area within the boundaries of 
that range. Approximately 40 percent of the counties that were 
historically occupied by S. catenatus no longer support the species. 
Sistrurus 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. 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. catenatus populations occur wholly or in part on public 
land, and Statewide and 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, a 
recently completed extinction risk model, and information provided by 
species experts, indicates that 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. 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 remaining populations, particularly those 
inhabiting private lands. We do not believe emergency listing is 
warranted. We are changing the LPN from a 9 to an 8, reflecting the 
recent information indicating that this snake should be recognized as a 
species rather than a subspecies.

Amphibians

    Relict leopard frog (Lithobates onca) (formerly in Rana)--The 
following summary is based on information contained in our files. 
Natural relict leopard frog populations occur in two general areas in 
Nevada: near the Overton Arm area of Lake Mead and Black Canyon below 
Lake Mead. These two areas include a small fraction of the historical 
distribution of the species. Its historical range included springs, 
streams, and wetlands 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.
    Factors contributing to the decline of the species include 
alteration, loss, and degradation of aquatic habitat due to water 
developments and impoundments, and scouring and erosion; changes in 
plant communities that result in dense growth and the prevalence of 
vegetation; introduced predators; climate change; and stochastic 
events. The presence of chytrid fungus in relict leopard frogs at Lower 
Blue Point Spring in 2010 warrants further evaluation of the threat of 
disease to the relict leopard frog. The size of natural and 
translocated populations is small, and therefore these populations are 
vulnerable to stochastic events, such as floods and wildfire. Climate 
change that results in reduced spring flow, habitat loss, and increased 
prevalence of wildfire would adversely affect relict leopard frog 
populations.
    In 2005, the National Park Service, in cooperation with the Fish 
and Wildlife Service and 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 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. In consideration of 
these conservation efforts and the overall threat level to the species, 
we determined the magnitude of existing threats is moderate to low. 
However, because water development and other habitat effects, presence 
of introduced predators, presence of chytrid fungus, limited 
distribution, small population size, and climate change are ongoing or 
will occur in the near future, the threats are imminent. The discovery 
of chytrid fungus in relict leopard frogs in 2010 is a new and 
potentially serious threat. Therefore, we changed the LPN from an 11 to 
an 8 for this species.

Snails

    Huachuca springsnail (Pyrgulopsis thompsoni)--The following is 
based on information contained in our files. No new information was 
provided in the petition received on May 11, 2004. The Huachuca 
springsnail inhabits approximately 19 springs in southeastern Arizona 
and two springs in Sonora, Mexico. The springsnail is typically found 
in shallow water habitats, often in rocky seeps at the spring source. 
Potential threats include habitat modification and destruction through 
catastrophic wildfire and unmanaged grazing. Overall, the threats are 
low in magnitude because threats are not occurring throughout the range 
of the species uniformly and not all populations would likely be 
affected simultaneously by the known threats. The available information 
indicates that threats are not currently ongoing in or adjacent to 
occupied habitats. Accordingly, threats are nonimminent. Therefore, we 
are reducing the LPN from an 8 to an 11 for this species.

Insects

    Meltwater lednian stonefly (Lednia tumana)--The following summary 
is based on information contained in our files and in the petition we 
received on July 30, 2007. This species is an aquatic insect in the 
order Plecoptera (stoneflies). Stoneflies are primarily associated with 
clean, cool streams and rivers. Eggs and nymphs (juveniles) of the 
meltwater lednian stonefly are found in high-elevation, alpine, and 
subalpine streams, most typically in locations closely linked to 
glacial runoff. The species is generally restricted to streams with 
mean summer water temperature less than 10 [deg]C (50 [deg]F). Adults 
emerge from the nymph stage and mate in streamside vegetation. The only 
known meltwater lednian stonefly occurrences are within Glacier 
National Park (NP), Montana. Climate change, and the associated effects 
of glacier loss (with glaciers predicted to

[[Page 66376]]

be gone by 2030), reduced streamflows, and increased water 
temperatures, is expected to significantly reduce the occurrence of 
populations and extent of suitable habitat for the species in Glacier 
NP. In addition, the existing regulatory mechanisms do not address 
environmental changes due to global climate change. We recently 
announced candidate status for the meltwater lednian stonefly in a 
warranted-but-precluded 12-month petition finding published on April 5, 
2011 (76 FR 18684). We originally assigned the species an LPN of 4 
based on three criteria: (1) The high magnitude of threat, which is 
projected to substantially reduce the amount of suitable habitat 
relative to the species' current range; (2) the low imminence of the 
threat based on the lack of documented evidence that populations are 
being affected by climate change now; and (3) the taxonomic status of 
the species, which was the only described member of its genus 
(monotypic taxon). Recently, stonefly specimens discovered in Mount 
Rainier NP, North Cascades NP, and in the Sierra Nevada Mountains of 
California have been formally described as two additional species in 
the Lednia genus--L. borealis and L. sierra--which indicates that the 
meltwater lednian stonefly is no longer in a monotypic genus. Based on 
this new taxonomic information, we are changing the LPN of this species 
from a 4 to a 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 red-imported fire ants, surface and subsurface effects from 
polluted runoff from an adjacent subdivision, unauthorized entry into 
the area surrounding the cave, and trash dumping that may include toxic 
materials near the feature. The magnitude of threats is low to moderate 
based on observations made during an April 5, 2011, site visit. In 
addition, Pickle Pit occurs in a preserve established for mitigation 
for the endangered golden-cheeked warbler; hence the meshweaver 
receives some protection. Due to a reduction in the magnitude of 
threats, we changed the LPN for this species from a 2 to an 8.

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 these species and their 
habitats. After a review of the best available scientific and 
commercial data, we conclude that listing these species under the 
Endangered Species Act is not warranted because these species are not 
likely to become an endangered species within the foreseeable future 
throughout all or a significant portion of their ranges. Therefore, we 
find that proposing a rule to list them is not warranted, and we no 
longer consider them to be candidate species for listing. We will 
continue to monitor the status of these 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 are of a considerably greater 
magnitude or imminence than identified through assessments of 
information contained in our files, as summarized here.

Snails

    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 previously known from 13 
populations in New Mexico. Surveys conducted in 2008 and 2009 located 
37 additional populations, bringing the known total to 50.
    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. Based on new information, we now foresee no 
threats to the habitat of the Gila springsnail. Disturbance to the 
species from recreational activity is occurring rarely, with minimal 
effects to the species, and is not likely to become a threat in the 
foreseeable future due to the inaccessibility of the springsnail 
populations. Livestock grazing may have affected Gila springsnails in 
the past, but exclusion of livestock from the riparian habitat has 
removed this threat. Current springsnail populations are located in 
areas with minimal fire or flood risk. Groundwater use for geothermal 
development is unlikely to occur within Gila springsnail habitat. 
Additionally, the discovery of additional populations in 2008 and 2009 
reveals the species is secure from stochastic, habitat-modifying 
events.
    The distribution of the species and variance in the location of its 
habitat reduces the risk of the loss of the species from stochastic, 
habitat-modifying events. We have no indication that collection of the 
species is occurring, other than rarely by researchers confirming its 
discovery at new springs. Also, as the Gila springsnail occurs on 
Forest Service land with limited access, we do not anticipate any 
future collections for other purposes. There are no known diseases that 
affect Gila springsnails, and no native or nonnative predators occur at 
these springs. Additionally, we are not aware of any introduced species 
at the springs that would affect the springsnails.
    The effects of future climate change may serve to exacerbate 
habitat loss from other factors. However, as we have determined that 
the Gila springsnail is not threatened with habitat loss, we cannot 
predict with any certainty that the effects of climate change will 
exacerbate any future habitat concerns sufficiently to consider climate 
change, on its own, a threat to the species. Therefore, we have 
determined that climate change is not currently a threat to the Gila 
springsnail now or in the foreseeable future. In conclusion, due to the 
lack of threats to the continued existence of the Gila springsnail 
under any of the five factors now or in the foreseeable future, we find 
that the Gila springsnail does not meet the definition of a threatened 
or endangered species and no longer warrants listing throughout all or 
a significant portion of its range, and we removed it from the 
candidate list.
    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). The New Mexico springsnail 
is an aquatic species that was previously known from only two separate 
populations associated with a series of spring-brook systems along the 
Gila River in the Gila National Forest in Grant County, New Mexico. 
Subsequent surveys in 2008 and 2009 discovered 12 additional 
populations, for a total of 14 separate populations.
    The long-term persistence of the New Mexico springsnail is 
contingent upon protection of the riparian corridor and maintenance of 
flow to ensure

[[Page 66377]]

continuous, oxygenated, flowing water within the species' required 
thermal range. Based on new information, we now foresee no threats to 
the habitat of the New Mexico springsnail. Disturbance to the species 
from recreational activity is occurring rarely, with minimal impacts to 
the species, and is not likely to become a threat in the foreseeable 
future due to the inaccessibility of the springsnail populations. 
Livestock grazing may have affected New Mexico springsnails in the 
past, but exclusion of livestock from the riparian habitat has removed 
this threat. Current springsnail populations are located in areas with 
minimal fire or flood risk. Groundwater use for geothermal development 
is unlikely to occur within New Mexico springsnail habitat. 
Additionally, the discovery of additional populations in 2008 and 2009 
reveals the species is secure from stochastic, habitat-modifying 
events.
    The distribution of the species and variance in the location of its 
habitat reduces the risk of the loss of the species from stochastic, 
habitat-modifying events. We have no indication that collection of the 
species is occurring, other than rarely by researchers confirming its 
discovery at new springs. Also, as the New Mexico springsnail occurs on 
Forest Service land with limited access, we do not anticipate any 
future collections for other purposes. There are no known diseases that 
affect New Mexico springsnails, and no native or nonnative predators 
occur at these springs. Additionally, we are not aware of any 
introduced species at the springs that would affect the springsnails.
    The effects of future climate change may serve to exacerbate 
habitat loss from other factors. However, as we have determined that 
the New Mexico springsnail is not threatened with habitat loss, we 
cannot predict with any certainty that the effects of climate change 
will exacerbate any future habitat concerns sufficiently to consider 
climate change, on its own, a threat to the species. Therefore, we have 
determined that climate change is not currently a threat to the New 
Mexico springsnail now or in the foreseeable future.
    In conclusion, due to the lack of threats to the continued 
existence of the New Mexico springsnail under any of the five factors 
now or in the foreseeable future, we find that the New Mexico 
springsnail does not meet the definition of a threatened or endangered 
species and no longer warrants listing throughout all or a significant 
portion of its range. As a result, we have removed it from the 
candidate list.

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 occurs only on the summit of Mauna Kea 
on the island of Hawaii. The wekiu bug was believed to be limited in 
range to six pu'us (cinder cones) in the summit area and was threatened 
by loss of habitat on Mauna Kea due to development of observatory 
facilities, which was believed to be causing a severe decline in its 
numbers. Surveys and other studies carried out over the last 11 years 
suggest the wekiu bug has a broader distribution on Mauna Kea than 
previously known. Surveys now indicate that the wekiu bug is currently 
found on 16 pu'us. Two of these 16 pu'us occur in an area that has 
undergone development of astronomy observatory facilities. The previous 
trend toward loss of habitat due to observatory construction has been 
curtailed, and no new construction, including the currently planned 
Thirty-meter Telescope project, will occur on any pu'u occupied by the 
species. Management of the Mauna Kea summit area by the Office of Mauna 
Kea Management includes continued monitoring of the wekiu bug and its 
habitat, and scientific studies to assist in managing and protecting 
wekiu bug populations and habitat. The 2000 Mauna Kea Science Reserve 
Management Plan, the Mauna Kea Comprehensive Management Plan, the four 
subplans (natural resources management plan, cultural resources 
management plan, decommissioning plan, and public access plan), and a 
procedure for formal review of new projects on Mauna Kea all contribute 
to the protection and conservation of the wekiu bug.
    Studies over the last 11 years also indicate the wekiu bug has a 
stable population, and demonstrate that this species exhibits extreme 
variability in terms of annual densities at any given site, such that 
the normal bounds of natural population variance for this species are 
much wider than previously understood. Based on our review of the best 
available information we no longer conclude that threats across the 
wekiu bug's expanded range put the species in danger of extinction. In 
summary, because the wekiu bug is likely stable in numbers, the wekiu 
bug is more widespread than previously believed, current threats are 
minimized and restricted within the larger range of the species, and 
future potential threats are monitored, we find the wekiu bug does not 
meet the definition of a threatened or endangered species and no longer 
warrants listing throughout all or a significant portion of its range. 
Thus, we have removed it from candidate status.

Petition Findings

    The ESA 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 ESA 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

[[Page 66378]]

(b) expeditious progress is being made to add qualified species to the 
Lists of Endangered or Threatened Wildlife and Plants. (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 
5, 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. On April 20, 
2010, we received a petition to list the magnificent ramshorn (see 
summary above under New Candidates) after we had initiated our 
assessment of this species for candidate status. In addition, the 
following species that were already on our candidate list were also 
included in this petition: Black Warrior waterdog, sicklefin redhorse, 
rabbitsfoot, black mudalia, Coleman cave beetle, and Solidago plumosa 
(Yadkin River goldenrod). The petition did not provide any new 
information on these species. We published a separate substantial 90-
day finding for all of the above species on September 27, 2011 (76 FR 
59836). As part of this notice, we are making the warranted-but-
precluded 12-month finding for these species. 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 below.
    Second, the CNOR serves as a ``resubmitted'' petition finding. 
Section 4(b)(3)(C)(i) of the ESA 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 ESA 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 required to complete the 
CNOR, the Service determines if any candidate species needs emergency 
listing. Section 4(b)(3)(C)(iii) of the ESA 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). For 
example, on August 10, 2011, we emergency listed the Miami blue 
butterfly (76 FR 49542). 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 under section 4(b)(3)(C)(i) 
of the ESA.
    A number of court decisions have elaborated on the nature and 
specificity of information that must be considered in making and 
describing the petition findings in the CNOR. The CNOR 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, below, 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.
    In preparing this CNOR, we reviewed the current status of, and 
threats to, the 204 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. Included in this work is our review of 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, 
under section 4(b)(3)(B) of the ESA, 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, 2010, through September 30, 
2011. 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 ESA.
    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

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the ESA, 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 species to the Lists of 
Endangered or Threatened Wildlife and Plants under the ESA. 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 Wildlife and Plants.

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 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 ESA; 
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, $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 
ESA (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'' 
(House Report 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 some FYs since 2006, we have been able to use some of 
the critical habitat subcap funds to fund proposed listing 
determinations for high-priority candidate species. In other FYs, 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. For FY 2011, we were again able to use some of 
the critical habitat subcap funds to fund proposed listing 
determination.
    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 2011, on April 15, 2011, Congress passed the Full-Year 
Continuing Appropriations Act (Pub. L. 112-10), which provided funding 
through September 30, 2011. The Service was provided $20,902,000 for 
the listing program. Of that, the Service used $9,472,000 for 
determinations of critical habitat for already listed species. Also 
$500,000 was appropriated for foreign species listings under the ESA. 
The Service thus had $10,930,000 available 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 ESA) 
listing actions with absolute statutory deadlines; essential

[[Page 66380]]

litigation-related, administrative, and listing program-management 
functions; and high-priority listing actions for some of our candidate 
species. In FY 2010, the Service received many new petitions and a 
single petition to list 404 species. The receipt of petitions for a 
large number of species is consuming the Service's listing funding that 
is not dedicated to meeting court-ordered commitments. Absent some 
ability to balance effort among listing duties under existing funding 
levels, the Service was only able to initiate a few new listing 
determinations for candidate species in FY 2011.
    In 2009, the responsibility for listing foreign species under the 
ESA was transferred from the Division of Scientific Authority, 
International Affairs Program, to the Endangered Species Program. 
Therefore, starting in FY 2010, we used a portion of our funding to 
work on the actions described above for listing actions related to 
foreign species. In FY 2011, we allocated $500,000 for work on listing 
actions for foreign species, which reduced funding available for 
domestic listing actions. Although there are no foreign species issues 
included in our high-priority listing actions (these are accounted for 
separately in the Annual Notice of Review for foreign species published 
on May 3, 2011 (76 FR 25150)), many actions had 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 2011 Allocation Table (part of our record).
    Because of the large number of high-priority species, we 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 on 
proposed and final listing rules for those 40 candidates, we apply the 
ranking criteria to the next group of candidates with an LPN 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, because as listed species, they are 
already afforded the protections of the ESA 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 precluded by higher priority listing actions including those 
with court-ordered and court-approved settlement agreements, listing 
actions with absolute statutory deadlines, and work on proposed listing 
determinations for candidate species with higher listing priorities.
    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. (Although we do not 
discuss it in detail here, we are also 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 
2011, we have completed delisting rules for three species.) Given the 
limited resources available for listing, we find that we made 
expeditious progress in FY 2011 in the Listing Program. This progress 
included preparing and publishing the following determinations:

                                        FY 2011 Completed Listing Actions
----------------------------------------------------------------------------------------------------------------
         Publication date                  Title                Actions                     FR pages
----------------------------------------------------------------------------------------------------------------
10/6/2010........................  Endangered Status     Proposed Listing      75 FR 61664-61690
                                    for the Altamaha      Endangered.
                                    Spinymussel and
                                    Designation of
                                    Critical Habitat.
10/7/2010........................  12-Month Finding on   Notice of 12-Month    75 FR 62070-62095
                                    a Petition to list    petition finding,
                                    the Sacramento        Not warranted.
                                    Splittail as
                                    Endangered or
                                    Threatened.
10/28/2010.......................  Endangered Status     Proposed Listing      75 FR 66481-66552
                                    and Designation of    Endangered
                                    Critical Habitat      (uplisting).
                                    for Spikedace and
                                    Loach Minnow.
11/2/2010........................  90-Day Finding on a   Notice of 90-day      75 FR 67341-67343
                                    Petition to List      Petition Finding,
                                    the Bay Springs       Not substantial.
                                    Salamander as
                                    Endangered.
11/2/2010........................  Determination of      Final Listing         75 FR 67511-67550
                                    Endangered Status     Endangered.
                                    for the Georgia
                                    Pigtoe Mussel,
                                    Interrupted
                                    Rocksnail, and
                                    Rough Hornsnail and
                                    Designation of
                                    Critical Habitat.
11/2/2010........................  Listing the Rayed     Proposed Listing      75 FR 67551-67583
                                    Bean and Snuffbox     Endangered.
                                    as Endangered.

[[Page 66381]]

 
11/4/2010........................  12-Month Finding on   Notice of 12-month    75 FR 67925-67944
                                    a Petition to List    petition finding,
                                    Cirsium wrightii      Warranted but
                                    (Wright's Marsh       precluded.
                                    Thistle) as
                                    Endangered or
                                    Threatened.
12/14/2010.......................  Endangered Status     Proposed Listing      75 FR 77801-77817
                                    for Dunes Sagebrush   Endangered.
                                    Lizard.
12/14/2010.......................  12-Month Finding on   Notice of 12-Month    75 FR 78029-78061
                                    a Petition to List    petition finding,
                                    the North American    Warranted but
                                    Wolverine as          precluded.
                                    Endangered or
                                    Threatened.
12/14/2010.......................  12-Month Finding on   Notice of 12-Month    75 FR 78093-78146
                                    a Petition to List    petition finding,
                                    the Sonoran           Warranted but
                                    Population of the     precluded.
                                    Desert Tortoise as
                                    Endangered or
                                    Threatened.
12/15/2010.......................  12-Month Finding on   Notice of 12-Month    75 FR 78513-78556
                                    a Petition to List    petition finding,
                                    Astragalus            Warranted but
                                    microcymbus and       precluded.
                                    Astragalus
                                    schmolliae as
                                    Endangered or
                                    Threatened.
12/28/2010.......................  Listing Seven         Final Listing         75 FR 81793-81815
                                    Brazilian Bird        Endangered.
                                    Species as
                                    Endangered
                                    Throughout Their
                                    Range.
1/4/2011.........................  90[dash]Day Finding   Notice of 90-day      76 FR 304-311
                                    on a Petition to      Petition Finding,
                                    List the Red Knot     Not substantial.
                                    subspecies Calidris
                                    canutus roselaari
                                    as Endangered.
1/19/2011........................  Endangered Status     Proposed Listing      76 FR 3392-3420
                                    for the Sheepnose     Endangered.
                                    and Spectaclecase
                                    Mussels.
2/10/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 7634-7679
                                    a Petition to List    petition finding,
                                    the Pacific Walrus    Warranted but
                                    as Endangered or      precluded.
                                    Threatened.
2/17/2011........................  90-Day Finding on a   Notice of 90-day      76 FR 9309-9318
                                    Petition To List      Petition Finding,
                                    the Sand Verbena      Substantial.
                                    Moth as Endangered
                                    or Threatened.
2/22/2011........................  Determination of      Final Listing         76 FR 9681-9692
                                    Threatened Status     Threatened.
                                    for the New Zealand-
                                    Australia Distinct
                                    Population Segment
                                    of the Southern
                                    Rockhopper Penguin.
2/22/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 9722-9733
                                    a Petition to List    petition finding,
                                    Solanum conocarpum    Warranted but
                                    (marron bacora) as    precluded.
                                    Endangered.
2/23/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 9991-10003
                                    a Petition to List    petition finding,
                                    Thorne's Hairstreak   Not warranted.
                                    Butterfly as
                                    Endangered.
2/23/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 10166-10203
                                    a Petition to List    petition finding,
                                    Astragalus            Warranted but
                                    hamiltonii,           precluded & Not
                                    Penstemon             Warranted.
                                    flowersii,
                                    Eriogonum soredium,
                                    Lepidium ostleri,
                                    and Trifolium
                                    friscanum as
                                    Endangered or
                                    Threatened.
2/24/2011........................  90-Day Finding on a   Notice of 90-day      76 FR 10299-10310
                                    Petition to List      Petition Finding,
                                    the Wild Plains       Not substantial.
                                    Bison or Each of
                                    Four Distinct
                                    Population Segments
                                    as Threatened.
2/24/2011........................  90-Day Finding on a   Notice of 90-day      76 FR 10310-10319
                                    Petition to List      Petition Finding,
                                    the Unsilvered        Not substantial.
                                    Fritillary
                                    Butterfly as
                                    Threatened or
                                    Endangered.
3/8/2011.........................  12-Month Finding on   Notice of 12-Month    76 FR 12667-12683
                                    a Petition to List    petition finding,
                                    the Mt. Charleston    Warranted but
                                    Blue Butterfly as     precluded.
                                    Endangered or
                                    Threatened.
3/8/2011.........................  90-Day Finding on a   Notice of 90-day      76 FR 12683-12690
                                    Petition to List      Petition Finding,
                                    the Texas Kangaroo    Substantial.
                                    Rat as Endangered
                                    or Threatened.
3/10/2011........................  Initiation of Status  Notice of Status      76 FR 13121-13122
                                    Review for Longfin    Review.
                                    Smelt.
3/15/2011........................  Withdrawal of         Proposed rule         76 FR 14210-14268
                                    Proposed Rule to      withdrawal.
                                    List the Flat-
                                    tailed Horned
                                    Lizard as
                                    Threatened.
3/15/2011........................  Proposed Threatened   Proposed Listing      76 FR 14126-14207
                                    Status for the        Threatened;
                                    Chiricahua Leopard    Proposed
                                    Frog and Proposed     Designation of
                                    Designation of        Critical Habitat.
                                    Critical Habitat.
3/22/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 15919-15932
                                    a Petition to List    petition finding,
                                    the Berry Cave        Warranted but
                                    Salamander as         precluded.
                                    Endangered.
4/1/2011.........................  90-Day Finding on a   Notice of 90-Day      76 FR 18138-18143
                                    Petition to List      Petition Finding,
                                    the Spring Pygmy      Substantial.
                                    Sunfish as
                                    Endangered.
4/5/2011.........................  12-Month Finding on   Notice of 12-Month    76 FR 18684-18701
                                    a Petition to List    petition finding,
                                    the Bearmouth         Not Warranted and
                                    Mountainsnail,        Warranted but
                                    Byrne Resort          precluded.
                                    Mountainsnail, and
                                    Meltwater Lednian
                                    Stonefly as
                                    Endangered or
                                    Threatened.

[[Page 66382]]

 
4/5/2011.........................  90-Day Finding on a   Notice of 90-Day      76 FR 18701-18706
                                    Petition To List      Petition Finding,
                                    the Peary Caribou     Substantial.
                                    and Dolphin and
                                    Union population of
                                    the Barren-ground
                                    Caribou as
                                    Endangered or
                                    Threatened.
4/12/2011........................  Proposed Endangered   Proposed Listing      76 FR 20464-20488
                                    Status for the        Endangered;
                                    Three Forks           Proposed
                                    Springsnail and San   Designation of
                                    Bernardino            Critical Habitat.
                                    Springsnail, and
                                    Proposed
                                    Designation of
                                    Critical Habitat.
4/13/2011........................  90-Day Finding on a   Notice of 90-Day      76 FR 20613-20622
                                    Petition To List      Petition Finding,
                                    Spring Mountains      Substantial.
                                    Acastus Checkerspot
                                    Butterfly as
                                    Endangered.
4/14/2011........................  90-Day Finding on a   Notice of 90-Day      76 FR 20911-20918
                                    Petition to List      Petition Finding,
                                    the Prairie Chub as   Substantial.
                                    Threatened or
                                    Endangered.
4/14/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 20918-20939
                                    a Petition to List    petition finding,
                                    Hermes Copper         Warranted but
                                    Butterfly as          precluded.
                                    Endangered or
                                    Threatened.
4/26/2011........................  90-Day Finding on a   Notice of 90-Day      76 FR 23256-23265
                                    Petition to List      Petition Finding,
                                    the Arapahoe          Substantial.
                                    Snowfly as
                                    Endangered or
                                    Threatened.
4/26/2011........................  90-Day Finding on a   Notice of 90-Day      76 FR 23265-23271
                                    Petition to List      Petition Finding,
                                    the Smooth-Billed     Not substantial.
                                    Ani as Threatened
                                    or Endangered.
5/12/2011........................  Withdrawal of the     Proposed Rule,        76 FR 27756-27799
                                    Proposed Rule to      Withdrawal.
                                    List the Mountain
                                    Plover as
                                    Threatened.
5/25/2011........................  90-Day Finding on a   Notice of 90-Day      76 FR 30082-30087
                                    Petition To List      Petition Finding,
                                    the Spot-tailed       Substantial.
                                    Earless Lizard as
                                    Endangered or
                                    Threatened.
5/26/2011........................  Listing the Salmon-   Final Listing         76 FR 30758-30780
                                    Crested Cockatoo as   Threatened.
                                    Threatened
                                    Throughout its
                                    Range with Special
                                    Rule.
5/31/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 31282-31294
                                    a Petition to List    petition finding,
                                    Puerto Rican          Warranted but
                                    Harlequin Butterfly   precluded.
                                    as Endangered.
6/2/2011.........................  90-Day Finding on a   Notice of 90-Day      76 FR 31903-31906
                                    Petition to           Petition Finding,
                                    Reclassify the        Substantial.
                                    Straight-Horned
                                    Markhor (Capra
                                    falconeri jerdoni)
                                    of Torghar Hills as
                                    Threatened.
6/2/2011.........................  90-Day Finding on a   Notice of 90-Day      76 FR 31920-31926
                                    Petition to List      Petition Finding,
                                    the Golden-winged     Substantial.
                                    Warbler as
                                    Endangered or
                                    Threatened.
6/7/2011.........................  12-Month Finding on   Notice of 12-Month    76 FR 32911-32929
                                    a Petition to List    petition finding,
                                    the Striped Newt as   Warranted but
                                    Threatened.           precluded.
6/9/2011.........................  12-Month Finding on   Notice of 12-Month    76 FR 33924-33965
                                    a Petition to List    petition finding,
                                    Abronia ammophila,    Not Warranted and
                                    Agrostis rossiae,     Warranted but
                                    Astragalus            precluded.
                                    proimanthus,
                                    Boechera (Arabis)
                                    pusilla, and
                                    Penstemon gibbensii
                                    as Threatened or
                                    Endangered.
6/21/2011........................  90-Day Finding on a   Notice of 90-Day      76 FR 36049-36053
                                    Petition to List      Petition Finding,
                                    the Utah Population   Not substantial.
                                    of the Gila Monster
                                    as an Endangered or
                                    a Threatened
                                    Distinct Population
                                    Segment.
6/21/2011........................  Revised 90-Day        Notice of 90-day      76 FR 36053-36068
                                    Finding on a          Petition Finding,
                                    Petition To           Not substantial.
                                    Reclassify the Utah
                                    Prairie Dog From
                                    Threatened to
                                    Endangered.
6/28/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 37706-37716
                                    a Petition to List    petition finding,
                                    Castanea pumila       Not warranted.
                                    var. ozarkensis as
                                    Threatened or
                                    Endangered.
6/29/2011........................  90-Day Finding on a   Notice of 90-Day      76 FR 38095-38106
                                    Petition to List      Petition Finding,
                                    the Eastern Small-    Substantial.
                                    Footed Bat and the
                                    Northern Long-Eared
                                    Bat as Threatened
                                    or Endangered.
6/30/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 38504-38532
                                    a Petition to List    petition finding,
                                    a Distinct            Not warranted.
                                    Population Segment
                                    of the Fisher in
                                    Its United States
                                    Northern Rocky
                                    Mountain Range as
                                    Endangered or
                                    Threatened with
                                    Critical Habitat.
7/12/2011........................  90-Day Finding on a   Notice of 90-Day      76 FR 40868-40871
                                    Petition to List      Petition Finding,
                                    the Bay Skipper as    Substantial.
                                    Threatened or
                                    Endangered.

[[Page 66383]]

 
7/19/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 42631-42654
                                    a Petition to List    petition finding,
                                    Pinus albicaulis as   Warranted but
                                    Endangered or         precluded.
                                    Threatened with
                                    Critical Habitat.
7/19/2011........................  Petition To List      Notice of 12-Month    76 FR 42654-42658
                                    Grand Canyon Cave     petition finding,
                                    Pseudoscorpion.       Not warranted.
7/26/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 44547-44564
                                    a Petition to List    petition finding,
                                    the Giant Palouse     Not warranted.
                                    Earthworm
                                    (Drilolerius
                                    americanus) as
                                    Threatened or
                                    Endangered.
7/26/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 44566-44569
                                    a Petition to List    petition finding,
                                    the Frigid            Not warranted.
                                    Ambersnail as
                                    Endangered.
7/27/2011........................  Determination of      Final Listing         76 FR 45054-45075
                                    Endangered Status     Endangered,
                                    for Ipomopsis         Threatened.
                                    polyantha (Pagosa
                                    Skyrocket) and
                                    Threatened Status
                                    for Penstemon
                                    debilis (Parachute
                                    Beardtongue) and
                                    Phacelia submutica
                                    (DeBeque Phacelia).
7/27/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 45130-45162
                                    a Petition to List    petition finding,
                                    the Gopher Tortoise   Warranted but
                                    as Threatened in      precluded.
                                    the Eastern Portion
                                    of its Range.
8/2/2011.........................  Proposed Endangered   Proposed Listing      76 FR 46218-46234
                                    Status for the        Endangered.
                                    Chupadera
                                    Springsnail
                                    (Pyrgulopsis
                                    chupaderae) and
                                    Proposed
                                    Designation of
                                    Critical Habitat.
8/2/2011.........................  90-Day Finding on a   Notice of 90-Day      76 FR 46238-46251
                                    Petition to List      Petition Finding,
                                    the Straight          Not substantial.
                                    Snowfly and Idaho
                                    Snowfly as
                                    Endangered.
8/2/2011.........................  12-Month Finding on   Notice of 12-Month    76 FR 46251-46266
                                    a Petition to List    petition finding,
                                    the Redrock           Not warranted.
                                    Stonefly as
                                    Endangered or
                                    Threatened.
8/2/2011.........................  Listing 23 Species    Proposed Listing      76 FR 46362-46594
                                    on Oahu as            Endangered.
                                    Endangered and
                                    Designating
                                    Critical Habitat
                                    for 124 Species.
8/4/2011.........................  90-Day Finding on a   Notice of 90-Day      76 FR 47123-47133
                                    Petition To List      Petition Finding,
                                    Six Sand Dune         Not substantial and
                                    Beetles as            substantial.
                                    Endangered or
                                    Threatened.
8/9/2011.........................  Endangered Status     Final Listing         76 FR 48722-48741
                                    for the Cumberland    Endangered.
                                    Darter, Rush
                                    Darter, Yellowcheek
                                    Darter, Chucky
                                    Madtom, and Laurel
                                    Dace.
8/9/2011.........................  12-Month Finding on   Notice of 12-Month    76 FR 48777-48788
                                    a Petition to List    petition finding,
                                    the Nueces River      Not warranted.
                                    and Plateau Shiners
                                    as Threatened or
                                    Endangered.
8/9/2011.........................  Four Foreign Parrot   Proposed Listing      76 FR 49202-49236
                                    Species [crimson      Endangered and
                                    shining parrot,       Threatened; Notice
                                    white cockatoo,       of 12-Month
                                    Philippine            petition finding,
                                    cockatoo, yellow-     Not warranted.
                                    crested cockatoo].
8/10/2011........................  Proposed Listing of   Proposed Listing      76 FR 49408-49412
                                    the Miami Blue        Endangered
                                    Butterfly as          Similarity of
                                    Endangered, and       Appearance.
                                    Proposed Listing of
                                    the Cassius Blue,
                                    Ceraunus Blue, and
                                    Nickerbean Blue
                                    Butterflies as
                                    Threatened Due to
                                    Similarity of
                                    Appearance to the
                                    Miami Blue
                                    Butterfly.
8/10/2011........................  90-Day Finding on a   Notice of 90-Day      76 FR 49412-49417
                                    Petition To List      Petition Finding,
                                    the Saltmarsh         Substantial.
                                    Topminnow as
                                    Threatened or
                                    Endangered Under
                                    the Endangered
                                    Species Act.
8/10/2011........................  Emergency Listing of  Emergency Listing     76 FR 49542-49567
                                    the Miami Blue        Endangered and
                                    Butterfly as          Similarity of
                                    Endangered, and       Appearance.
                                    Emergency Listing
                                    of the Cassius
                                    Blue, Ceraunus
                                    Blue, and
                                    Nickerbean Blue
                                    Butterflies as
                                    Threatened Due to
                                    Similarity of
                                    Appearance to the
                                    Miami Blue
                                    Butterfly.
8/11/2011........................  Listing Six Foreign   Final Listing         76 FR 50052-50080
                                    Birds as Endangered   Endangered.
                                    Throughout Their
                                    Range.
8/17/2011........................  90-Day Finding on a   Notice of 90-Day      76 FR 50971-50979
                                    Petition to List      Petition Finding,
                                    the Leona's Little    Substantial.
                                    Blue Butterfly as
                                    Endangered or
                                    Threatened.
9/01/2011........................  90-Day Finding on a   Notice of 90-Day      76 FR 54423-54425
                                    Petition to List      Petition Finding,
                                    All Chimpanzees       Substantial.
                                    (Pan troglodytes)
                                    as Endangered.

[[Page 66384]]

 
9/6/2011.........................  12-Month Finding on   Notice of 12-Month    76 FR 55170-55203
                                    Five Petitions to     petition finding,
                                    List Seven Species    Warranted but
                                    of Hawaiian Yellow-   precluded.
                                    faced Bees as
                                    Endangered.
9/8/2011.........................  12-Month Petition     Notice of 12-Month    76 FR 55623-55638
                                    Finding and           petition finding,
                                    Proposed Listing of   Warranted; Proposed
                                    Arctostaphylos        Listing Endangered.
                                    franciscana as
                                    Endangered.
9/8/2011.........................  90-Day Finding on a   Notice of 90-Day      76 FR 55638-55641
                                    Petition To List      Petition Finding,
                                    the Snowy Plover      Not substantial.
                                    and Reclassify the
                                    Wintering
                                    Population of
                                    Piping Plover.
9/13/2011........................  90-Day Finding on a   Notice of 90-Day      76 FR 56381-56391
                                    Petition To List      Petition Finding,
                                    the Franklin's        Substantial.
                                    Bumble Bee as
                                    Endangered.
9/13/2011........................  90-Day Finding on a   Notice of 90-Day      76 FR 56608-56630
                                    Petition to List 42   Petition Finding,
                                    Great Basin and       Substantial and Not
                                    Mojave Desert         substantial.
                                    Springsnails as
                                    Threatened or
                                    Endangered with
                                    Critical Habitat.
9/21/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 58650-58680
                                    a Petition to List    petition finding,
                                    Van Rossem's Gull-    Not warranted.
                                    billed Tern as
                                    Endangered or
                                    Threatened.
9/22/2011........................  Determination of      Final Listing         76 FR 58954-58998
                                    Endangered Status     Endangered.
                                    for Casey's June
                                    Beetle and
                                    Designation of
                                    Critical Habitat.
9/27/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 59623-59634
                                    a Petition to List    petition finding,
                                    the Tamaulipan        Not warranted.
                                    Agapema,
                                    Sphingicampa
                                    blanchardi (no
                                    common name), and
                                    Ursia furtiva (no
                                    common name) as
                                    Endangered or
                                    Threatened.
9/27/2011........................  Partial 90-Day        Notice of 90-Day      76 FR 59836-59862
                                    Finding on a          Petition Finding,
                                    Petition to List      Substantial.
                                    404 Species in the
                                    Southeastern United
                                    States as
                                    Endangered or
                                    Threatened With
                                    Critical Habitat.
9/29/2011........................  90-Day Finding on a   Notice of 90-Day      76 FR 60431-60444
                                    Petition to List      Petition Finding,
                                    the American Eel as   Substantial.
                                    Threatened.
10/4/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 61298-61307
                                    a Petition to List    petition finding,
                                    the Lake Sammamish    Not warranted.
                                    Kokanee Population
                                    of Oncorhynchus
                                    nerka as an
                                    Endangered or
                                    Threatened Distinct
                                    Population Segment.
10/4/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 61307-61321
                                    a Petition to List    petition finding,
                                    Calopogon             Not warranted.
                                    oklahomensis as
                                    Threatened or
                                    Endangered.
10/4/2011........................  12-Month Finding on   Notice of 12-Month    76 FR 61321-61330
                                    a Petition To List    petition finding,
                                    the Amargosa River    Not warranted.
                                    Population of the
                                    Mojave Fringe-toed
                                    Lizard as an
                                    Endangered or
                                    Threatened Distinct
                                    Population Segment.
10/4/2011........................  Endangered Status     Proposed Listing      76 FR 61482-61529
                                    for the Alabama       Endangered.
                                    Pearlshell, Round
                                    Ebonyshell,
                                    Southern Sandshell,
                                    Southern
                                    Kidneyshell, and
                                    Choctaw Bean, and
                                    Threatened Status
                                    for the Tapered
                                    Pigtoe, Narrow
                                    Pigtoe, and Fuzzy
                                    Pigtoe; with
                                    Critical Habitat.
10/4/2011........................  90-Day Finding on a   Notice of 90-Day      76 FR 61532-61554
                                    Petition To List 10   Petition Finding,
                                    Subspecies of Great   Substantial and Not
                                    Basin Butterflies     substantial.
                                    as Threatened or
                                    Endangered with
                                    Critical Habitat.
----------------------------------------------------------------------------------------------------------------

    Our expeditious progress also included work on listing actions that 
we funded in FY 2010 and FY 2011 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 ESA. 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.

[[Page 66385]]



       Actions Funded in FY 2010 and FY 2011 But Not Yet Completed
------------------------------------------------------------------------
                      Species                              Action
------------------------------------------------------------------------
           Actions Subject to Court Order/Settlement Agreement
------------------------------------------------------------------------
4 parrot species (military macaw, yellow-billed     12-month petition
 parrot, red-crowned parrot, scarlet macaw) \5\.     finding.
4 parrot species (blue-headed macaw, great green    12-month petition
 macaw, grey-cheeked parakeet, hyacinth macaw) \5\.  finding.
Longfin smelt.....................................  12-month petition
                                                     finding.
------------------------------------------------------------------------
                    Actions With Statutory Deadlines
------------------------------------------------------------------------
5 Bird species from Colombia and Ecuador..........  Final listing
                                                     determination.
Queen Charlotte goshawk...........................  Final listing
                                                     determination.
Ozark hellbender \4\..............................  Final listing
                                                     determination.
Altamaha spinymussel \3\..........................  Final listing
                                                     determination.
6 Birds from Peru & Bolivia.......................  Final listing
                                                     determination.
Loggerhead sea turtle (assist National Marine       Final listing
 Fisheries Service) \5\.                             determination.
2 mussels (rayed bean (LPN = 2), snuffbox No LPN)   Final listing
 \5\.                                                determination.
CA golden trout \4\...............................  12-month petition
                                                     finding.
Black-footed albatross............................  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/Proposed
                                                     listing.
Dusky tree vole...................................  12-month petition
                                                     finding.
Leatherside chub (from 206 species petition)......  12-month petition
                                                     finding.
Platte River caddisfly (from 206 species petition)  12-month petition
 \5\.                                                finding.
3 South Arizona plants (Erigeron piscaticus,        12-month petition
 Astragalus hypoxylus, Amoreuxia gonzalezii) (from   finding.
 475 species petition).
5 Central Texas mussel species (3 from 475 species  12-month petition
 petition).                                          finding.
14 parrots (foreign species)......................  12-month petition
                                                     finding.
Mohave Ground Squirrel \1\........................  12-month petition
                                                     finding.
Ashy storm-petrel \5\.............................  12-month petition
                                                     finding.
Honduran emerald..................................  12-month petition
                                                     finding.
Eagle Lake trout \1\..............................  90-day petition
                                                     finding.
32 Pacific Northwest mollusks species (snails and   90-day petition
 slugs) \1\.                                         finding.
Spring Mountains checkerspot butterfly............  90-day petition
                                                     finding.
11 of 404 Southeast species.......................  90-day petition
                                                     finding.
Aztec gilia \5\...................................  90-day petition
                                                     finding.
White-tailed ptarmigan \5\........................  90-day petition
                                                     finding.
San Bernardino flying squirrel \5\................  90-day petition
                                                     finding.
Bicknell's thrush \5\.............................  90-day petition
                                                     finding.
Sonoran talussnail \5\............................  90-day petition
                                                     finding.
2 AZ Sky Island plants (Graptopetalum bartrami &    90-day petition
 Pectis imberbis) \5\.                               finding.
I'iwi \5\.........................................  90-day petition
                                                     finding.
Humboldt marten...................................  90-day petition
                                                     finding.
Desert massasauga.................................  90-day petition
                                                     finding.
Western glacier stonefly (Zapada glacier).........  90-day petition
                                                     finding.
Thermophilic ostracod (Potamocypris hunteri)......  90-day petition
                                                     finding.
Sierra Nevada red fox \5\.........................  90-day petition
                                                     finding.
Boreal toad (eastern or southern Rocky Mtn          90-day petition
 population) \5\.                                    finding.
Alexander Archipelago wolf \5\....................  90-day petition
                                                     finding.
------------------------------------------------------------------------
                      High-Priority Listing Actions
------------------------------------------------------------------------
20 Maui-Nui candidate species \2\ (17 plants, 3     Proposed listing.
 tree snails) (14 with LPN = 2, 2 with LPN = 3, 3
 with LPN = 8).
Umtanum buckwheat (LPN = 2) and white bluffs        Proposed listing.
 bladderpod (LPN = 9) \4\.
Grotto sculpin (LPN = 2) \4\......................  Proposed listing.
2 Arkansas mussels (Neosho mucket (LPN = 2) &       Proposed listing.
 Rabbitsfoot (LPN = 9)) \4\.
Diamond darter (LPN = 2) \4\......................  Proposed listing.
Gunnison sage-grouse (LPN = 2) \4\................  Proposed listing.
Coral Pink Sand Dunes Tiger Beetle (LPN = 2) \5\..  Proposed listing.
Lesser prairie chicken (LPN = 2)..................  Proposed listing.
4 Texas salamanders (Austin blind salamander (LPN   Proposed listing.
 = 2), Salado salamander (LPN = 2), Georgetown
 salamander (LPN = 8), Jollyville Plateau (LPN =
 8)) \3\.
5 West Texas aquatics (Gonzales Spring Snail (LPN   Proposed listing.
 = 2), Diamond Y springsnail (LPN = 2), Phantom
 springsnail (LPN = 2), Phantom Cave snail (LPN =
 2), Diminutive amphipod (LPN = 2)) \3\.
2 Texas plants (Texas golden gladecress             Proposed listing.
 (Leavenworthia texana) (LPN = 2), Neches River
 rose-mallow (Hibiscus dasycalyx) (LPN = 2)) \3\.
4 AZ plants (Acuna cactus (Echinomastus             Proposed listing.
 erectocentrus var. acunensis) (LPN = 3),
 Fickeisen plains cactus (Pediocactus peeblesianus
 fickeiseniae) (LPN = 3), Lemmon fleabane
 (Erigeron lemmonii) (LPN = 8), Gierisch mallow
 (Sphaeralcea gierischii) (LPN = 2)) \5\.

[[Page 66386]]

 
FL bonneted bat (LPN = 2) \3\.....................  Proposed listing.
3 Southern FL plants (Florida semaphore cactus      Proposed listing.
 (Consolea corallicola) (LPN = 2), shellmound
 applecactus (Harrisia (=Cereus) aboriginum
 (=gracilis)) (LPN = 2), Cape Sable thoroughwort
 (Chromolaena frustrata) (LPN = 2)) \5\.
21 Big Island (HI) species \5\ (includes 8          Proposed listing.
 candidate species--6 plants & 2 animals; 4 with
 LPN = 2, 1 with LPN = 3, 1 with LPN = 4, 2 with
 LPN = 8).
12 Puget Sound prairie species (9 subspecies of     Proposed listing.
 pocket gopher (Thomomys mazama ssp.) (LPN = 3),
 streaked horned lark (LPN = 3), Taylor's
 checkerspot (LPN = 3), Mardon skipper (LPN = 8))
 \3\.
2 TN River mussels (fluted kidneyshell (LPN = 2),   Proposed listing.
 slabside pearlymussel (LPN = 2)) \5\.
Jemez Mountain salamander (LPN = 2) \5\...........  Proposed listing.
------------------------------------------------------------------------
\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 and FY 2011 funds.
\4\ Funded with FY 2010 funds.
\5\ Funded with FY 2011 funds.

    We also funded work on resubmitted petitions findings for 204 
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 13910; March 23, 2010). We also did not include new 
information in our resubmitted petition findings for the 64 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 revised 12-month petition findings for 
the candidate species that we are removing from candidate status, which 
are 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 between the Listing 
Program and the Candidate Conservation Program.
    During FY 2011, we also funded work on resubmitted petition 
findings for uplisting two listed species, for which petitions were 
previously received.
    Given the limited resources available for listing, we find that we 
are making expeditious progress to add qualified species to the lists 
of threatened and endangered species. First, as the tables above show, 
we are making expeditious progress by listing qualified species. In FY 
2011, we resolved the status of 29 species that we determined, or had 
previously determined, qualified for listing; for 27 of those 29 
species, the resolution was to add them to the lists of threatened and 
endangered species. We also proposed to list an additional 45 qualified 
species.
    Second, we are making expeditious progress by working on adding 
qualified species to the lists. In FY 2011, we worked on developing 
final listing determinations for an additional 17 species, and proposed 
listing rules for another 85 species. Although we have not yet 
completed those actions, we are making expeditious progress towards 
doing so.
    Third, we are making expeditious progress to add qualified species 
to the lists by identifying additional species that qualify for 
listing. In FY 2011, we completed 90-day petition findings for 480 
species, and 12-month petition findings for 52 species. Of those 52 
species, we determined that listing of 26 of the species was warranted 
but precluded. In FY 2011 we also worked on 90-day findings for an 
additional 50 species and 12-month findings for an additional 43 
species.
    Finally, the Service is making expeditious progress to add 
qualified species to the list by developing and beginning to implement 
a work plan that establishes a framework and schedule for resolving by 
September 30, 2016, the status of all of the species that the Service 
had determined to be qualified as of the 2010 Candidate Notice of 
Review. The Service submitted such a work plan to the U.S. District 
Court for the District of Columbia in In re Endangered Species Act 
Section 4 Deadline Litigation, No. 10-377 (EGS), MDL Docket No. 2165 
(D. DC May 10, 2011), and obtained the court's approval. The Service 
has already begun to implement that work plan, because we completed 
most of the work identified in the above tables in accordance with the 
schedule set out in that work plan.
    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 ESA, 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

[[Page 66387]]

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, under 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. Additional cold 
temperatures occurred in south Florida in December 2010. In the short 
term, severe and prolonged cold events resulted in mortality of at 
least several adult Florida bonneted bats. The long-term effects of 
prolonged and repeated cold events on the species are not known. 
Efforts are underway to confirm presence at all previously documented 
sites. Additionally, a study to determine the northern and southern 
extent of the species' range and estimate overall abundance was 
initiated in 2011.
    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 take place at any of the 
occurrences of this bat on either private or conservation lands. 
Disturbance of maternity roosts is of particular concern due to the low 
fecundity and small population of this species. 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 and repeated 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 to 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 Commonwealth of the Northern Mariana 
Islands (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 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. 
This candidate assessment 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 
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, since the threats affect the entire DPS, and would 
likely be permanent, the threats are high in magnitude. The Pacific 
sheath-tailed bat may also be 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 (CNMI)--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.

[[Page 66388]]

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, since the threats affect the entire 
subspecies, and would likely be permanent, 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. NEC 
is considered a habitat specialist, in so far as it is 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, and 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. Surveys indicate that the long-term decline in NEC 
continues. For example, surveys for the species in 2009 documented the 
presence of NEC in only 7 of the 23 New Hampshire locations that were 
known to be occupied in 2002 and 2003. Similarly, surveys in Maine 
found the species no longer present in 9 of the 19 towns identified in 
an extensive survey that spanned the years 2000 to 2004. Similar 
surveys were conducted during the winter of 2010-2011 in Rhode Island, 
but the results are not yet available. Rangewide, 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 NEC 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 
NECs from small patches. The range of the NEC 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 negative effect on the 
survival of the species. The threats 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 in our files and in the Service's initial 
warranted-but-precluded finding published in the Federal Register on 
April 8, 2004 (69 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 recovery goals for fisher. The California Department 
of Fish and Game and other collaborators are in the second year of 
their translocation efforts into the northern Sierra Nevada. Both of 
the reintroduction efforts still need several years to determine if 
populations are successfully established. Estimates of fisher numbers 
in native populations of the West Coast DPS vary widely. A rigorous 
monitoring program is lacking for the northern California-southwestern 
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. 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) or 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 the 
effects of climate change, forest and fuels management, and urban and 
rural development. Threats to fishers that lead to direct mortality and 
injury include: Collisions with vehicles; predation; rodenticides; and 
viral borne diseases such as rabies, parvovirus, and canine distemper. 
Existing regulatory mechanisms on Federal, State, and

[[Page 66389]]

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 negative impacts 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. 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 on 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 25 are believed to be extant including 1 
in Colorado, 11 in New Mexico (including one that is contiguous with 
another 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, and the populations are small and 
fragmented, the impact of the threats on the species is of high 
severity. Thus, 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) 
-- 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.
    Canada lynx, within the State of New Mexico (Lynx canadensis)--In 
our finding of December 17, 2009 (74 FR 66937), we determined that 
adding the lynx in New Mexico to the listing of the lynx DPS was 
warranted, because the lynx is now present 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. We reconfirm that 
assigning an LPN of 12 is appropriate based on nonimminent threats of a 
low magnitude. The threats to the lynx in New Mexico from human-caused 
mortality are low in magnitude, because they do not occur at a level 
that creates a significant threat to the lynx DPS in the contiguous 
United States. We do not consider lynx in New Mexico, or its habitat in 
New Mexico, to be essential to the survival or recovery of the DPS; as 
a result, neither human-caused mortality nor habitat modification in 
New Mexico occurs at a level such that it creates a significant threat 
to the lynx DPS in the contiguous United States. Potential impacts to 
the habitat in New Mexico have not been documented to threaten lynx, 
either in New Mexico or outside of it. The amount of suitable habitat 
for lynx in New Mexico is considered negligible relative to the amount 
of habitat within the listed range, and the majority of lynx habitats 
within the contiguous United States are already protected by the Act. 
The threats are also nonimminent, because they occur infrequently. 
Because lynx in the lower 48 are already listed as a DPS and conditions 
affecting the lynx in New Mexico are neither imminent nor of sufficient 
magnitude to pose a threat to the lynx DPS throughout the contiguous 
United States, the appropriate LPN for this level of magnitude and 
immediacy of threats is 12.
    Gunnison's prairie dog (Cynomys gunnisoni)--Gunnison's prairie dogs 
occur in Arizona, Colorado, New Mexico, and Utah. In our February 5, 
2008, 12-month finding (73 FR 6660), we determined that listing the 
Gunnison prairie dog was warranted but precluded, with an LPN of 6, due 
to threats in a significant portion of its range--the montane portion 
of the species' range within Colorado and New Mexico--where the effects 
from plague and other factors threaten those populations. This finding 
was challenged by WildEarth Guardians in September of 2008. On 
September 30, 2010, the Court set aside our 2008 finding and remanded 
the matter back to us for further action. The Court found that we 
arbitrarily and capriciously ``determined that something other than a 
species was an endangered or threatened species which warranted 
listing.''
    In response to the decision of the Court, we will reevaluate the 
status of the Gunnison's prairie dog and deliver a revised 12-month 
finding to the Federal Register. However, we are currently unable to 
complete a status review due to budget and workload limitations. 
Furthermore, initiating a revised status review for the species would 
be premature at this time because of a significant ongoing genetics 
study initiated by the Colorado Division of Wildlife (CDOW) addressing 
Gunnison's prairie dog taxonomy. CDOW indicates preliminarily that this 
work strongly supports the existence of genetic differences between 
Gunnison's prairie dogs in the montane and prairie portions of its 
range indicating that they may constitute two putative subspecies. We 
anticipate the analysis of these data will likely be completed by the 
fall of 2011 and we will evaluate the information thereafter. It is 
critical for us to consider this potentially significant taxonomic 
revision in our revised status review after the CDOW releases its final 
genetics report. Gunnison's prairie dogs will remain a candidate within 
the montane portion of their range until we complete this analysis.
    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 426,000 
hectares (1,050,000 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. Nonnative 
annuals do not provide

[[Page 66390]]

consistent forage quality for southern Idaho ground squirrels as 
compared to the native vegetation. Habitat deterioration, destruction, 
and fragmentation contribute to the current patchy distribution of 
southern Idaho ground squirrels. However, some human-altered 
landscapes, such as golf courses and row crops of alfalfa, seem to 
provide habitat sufficient to maintain high densities of southern Idaho 
ground squirrels.
    Two candidate conservation agreements with assurances (CCAAs) have 
been completed for this species. Both CCAAs include conservation 
measures that minimize ground-disturbing activities, allow for the 
investigation of methods to restore currently degraded habitat, provide 
additional protection to southern Idaho ground squirrels from 
recreational shooting and other direct killing on enrolled lands, and 
also allow for the translocation of squirrels to or from enrolled 
lands, if necessary. The acreage enrolled through these two CCAAs is 
38,000 ha (94,000 ac), or approximately 9 percent of the approximate 
known range. 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 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 wind power 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 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 areas, 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 wind power 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.
    North American wolverine, contiguous U.S. DPS (Gulo gulo luscus)--
The following summary is based on information contained in our files, 
in the petition received July 13, 2000 and in our initial warranted-
but-precluded finding published in the Federal Register on December 14, 
2010 (75 FR 78030). The wolverine is a terrestrial mammal that occurs 
in a wide variety of alpine, boreal, and arctic habitats. Wolverines 
naturally occur at low densities, and require cold areas that maintain 
deep, persistent snow cover into the warm season for successful 
denning. Within the contiguous United States, which constitutes a DPS, 
wolverine habitat is restricted to high-elevation areas in the West. 
Their current distribution includes functioning populations in the 
North Cascades Mountains and the northern Rocky Mountains, as well as 
populations that have not yet reestablished in the southern Rocky 
Mountains and the Sierra Nevada. The primary threat to this DPS is from 
habitat and range loss due to climate warming. Climate changes are 
predicted to reduce wolverine habitat and range by 23 percent over the 
next 30 years, and 63 percent over the next 75 years, rendering 
remaining habitat significantly smaller and more fragmented. This 
increased fragmentation and isolation of subpopulations is expected to 
limit the regular dispersal of wolverines that is necessary to maintain 
genetic exchange and metapopulation dynamics. Other secondary threats 
to the wolverine that could work in concert with climate change include 
harvest, disturbance, infrastructure, transportation corridors, and 
small effective population sizes. The primary threat of habitat and 
range loss due to climate change would affect wolverine habitat across 
the entire DPS and, therefore, the magnitude of threats to the 
wolverine is high. However climate change has not yet had a detectable 
effect on the DPS to this point in time; the threat is nonimminent. 
Therefore, we have assigned the wolverine contiguous U.S. DPS an LPN of 
6.

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

[[Page 66391]]

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 
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 and native animals, 
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), and native predators, 
including the Pacific boa (Candoia bibroni) and the purple swamphen 
(Porphyrio porphyrio), 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 have a significant likelihood of bringing 
about extinction on a short time frame. 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)--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.
    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). However, 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 2005, hurricanes virtually destroyed 
the habitat of G. stairi in the area on Olosega Island where 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 effects 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)--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.
    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 red knot could dependably eat enough in 2 to 3 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.

[[Page 66392]]

Counts may vary considerably between years. Some of the fluctuations 
can be attributed to predator-prey cycles on 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 all time 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 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. In 2010, the 
peak aerial count of red knots was 14,475; however, flight delays and 
scheduling issues prevented simultaneous aerial and ground counts, so 
aerial counts could not be calibrated. Further analysis is needed to 
correlate peak counts using the new methodology with the past aerial-
survey-only counts.
    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 farther 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 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, horseshoe crab landings for bait have decreased from 
726,660 reported in 1999, to a preliminary number of 102,659 in 
Delaware and none in New Jersey in 2009. 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 to 10 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 the effects, particularly of the past, harvesting of 
horseshoe crabs, are severe enough to put the viability of the red knot 
at substantial risk and are therefore of a high magnitude. The threats 
are currently occurring and therefore imminent because of continuing 
suppressed horseshoe-crab-egg forage conditions for the red knot within 
the Delaware Bay stopover. Based on imminent threats of a high 
magnitude, we retain an LPN of 3 for this species.
    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 hundreds are likely subject to subsistence harvest, 
based on the best available information; the population could decline 
substantially if such harvest continues. Future subsistence harvest in 
Alaska, by itself, constitutes a threat to the species rangewide. This 
subsistence harvest is occurring despite the species being closed to 
hunting under the Migratory Bird Treaty Act (16 U.S.C. 703-712). In 
addition, up to several hundred yellow-billed loons may be taken 
annually on Russian breeding grounds, and small numbers of yellow-
billed loons may be taken in Canada. Other risk factors evaluated were 
found to be threats to the species; these included 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. 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. The

[[Page 66393]]

primary threat of subsistence harvest is currently occurring and 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; however, we have concerns about the 
accuracy and precision of the numbers reported in harvest surveys. 
Thus, we assigned the yellow-billed loon an LPN of 8.
    Kittlitz's murrelet (Brachyramphus brevirostris)--See above in 
``Listing Priority Changes in Candidates.'' The above summary is based 
on information contained in our files.
    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 predators such as rats (Rattus sp.) and feral cats (Felis catus) 
introduced 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 is directly adjacent to nesting colonies, where 
the impacts would be expected to be more significant. The remaining 
threats to the species are of a high magnitude, because they have the 
potential to compromise the only nesting areas for the species. 
However, because the liquid natural gas facilities are early in the 
planning process and may not be completed and currently, little squid 
fishing vessels occurs near the nesting colonies, the threats are 
nonimminent. Therefore, we retained a LPN of 5 for this species.
    Sprague's pipit (Anthus spragueii) --See above in ``Listing 
Priority Changes in Candidates.'' The above summary is based on 
information contained in our files.
    Lesser prairie-chicken (Tympanuchus pallidicinctus)--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.
    Gunnison sage-grouse (Centrocercus minimus)--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.
    Greater sage-grouse (Centrocercus urophasianus)--The following 
summary is based on information in our files and in the petition we 
received on January 30, 2002. Currently, greater sage-grouse occur in 
11 States (Washington, Oregon, California, Nevada, Idaho, Montana, 
Wyoming, Colorado, Utah, South Dakota, and North Dakota), and 2 
Canadian provinces (Alberta and Saskatchewan), occupying approximately 
56 percent of their historical range. Greater sage-grouse depend on a 
variety of shrub-steppe habitats throughout their life cycle, and are 
considered obligate users of several species of sagebrush. The primary 
threat to greater sage-grouse is ongoing fragmentation and loss of 
shrub-steppe habitats through a variety of mechanisms. Most 
importantly, increasing fire cycles and invasive plants (and the 
interaction between them) in more westerly parts of the range, along 
with energy development and related infrastructure in more easterly 
areas are negatively affecting species' persistence. In addition, 
direct loss of habitat and fragmentation is occurring due to 
agriculture, urbanization, and infrastructure such as roads and power 
lines built in support of several activities. We also have determined 
that existing regulatory mechanisms are inadequate to protect the 
species from these ongoing threats. However, many of these habitat 
impacts are being actively addressed through conservation actions taken 
by local working groups, and State and Federal agencies. Notably, the 
National Resource Conservation Service has committed significant 
financial and technical resources to address threats to this species on 
private lands through their Sage-grouse Initiative. These efforts, when 
fully implemented, will potentially provide important conservation 
benefits to the greater sage-

[[Page 66394]]

grouse and its habitats. We consider the threats to the greater sage-
grouse to be of moderate magnitude, because the threats are not 
occurring with uniform intensity or distribution across the wide range 
of the species at this time, and substantial habitat still remains to 
support the species in many areas. The threats are imminent because the 
species is currently facing them in many portions of its range. 
Therefore, we assigned the greater sage-grouse an LPN of 8.
    Greater sage-grouse, Bi-State DPS (Centrocercus urophasianus) -- 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.
    Greater sage-grouse, Columbia Basin DPS (Centrocercus 
urophasianus)--The following summary is based on information in our 
files and a petition, 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; February 7, 2003), and that listing the greater sage-grouse 
throughout its historical range was not warranted (70 FR 2244; January 
12, 2005). These two findings were challenged, and remanded to the 
Service for further consideration. In response, we initiated a new 
rangewide status review for the entire species (73 FR 10218; February 
26, 2008). On March 5, 2010, we found that listing of the greater sage-
grouse was warranted but precluded by higher priority listing actions 
(75 FR 13910; 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 on which we based 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, we will now need to analyze the 
significance of the Columbia Basin DPS to the greater sage-grouse. 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 
Vertebrate Population Segments (61 FR 4722; February 7, 1996). Until 
that time, the Columbia Basin DPS will remain a candidate for listing 
as a separate population of sage-grouse. Even if this population does 
not meet our DPS policy, the sage-grouse population in the Columbia 
Basin will remain a candidate for listing as part of the process for 
listing 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 (Rattus 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 throughout its range, 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

[[Page 66395]]

ear covers and neck, incomplete eye ring, and black crown. The elfin-
woods warbler was at first thought to occur only in high elevations at 
dwarf or elfin forests, but it has since been found at lower elevations 
including shade coffee plantations and secondary forests. These birds 
build a compact cup nest, usually close to the trunk and well hidden 
among the epiphytes of small trees. Its breeding season extends from 
March to June. Elfin-woods warblers forage in the middle part of trees, 
gleaning insects from leaves in the outer portion of tree crowns. The 
species has been documented from four locations in Puerto Rico: 
Luquillo Mountains, Sierra de Cayey, and the Commonwealth forests of 
Maricao and Toro Negro. However, it has not been recorded again in Toro 
Negro and Sierra de 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 Forest, Guilarte 
Forest, Bosque del Pueblo, Maricao Forest and the El Yunque National 
Forest. These surveys only reported sightings at Maricao Commonwealth 
Forest (778 individuals), and El Yunque National Forest (196 
individuals).
    The elfin-woods warbler is potentially threatened by habitat 
modification. Elfin-woods warblers have been historically common in the 
elfin woodland of El Yunque National Forest and the Podocarpus forest 
type of Maricao Commonwealth Forest. Removal and replacement of this 
forest vegetation with infrastructure (e.g., telecommunication towers, 
recreational facilities) may have impacted the species in the past. 
Although this loss of habitat has been permanent and restoration 
process would take a few decades, present regulatory process at both 
the Commonwealth and Federal levels have reduced this threat. 
Unrestricted development within the El Yunque buffer zone needs to be 
addressed to determine the impact on the migratory behavior of the 
species. Conversion of elfin-woods warbler habitat (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 unshaded coffee plantations), has 
affected potential corridors for the elfin-woods warbler, resulting in 
a reduced dispersal and expansion capability of the species. These 
threats are not imminent because most of the range of the species is 
within protected lands. The magnitude of threat to Dendroica angelae is 
low to moderate because there is no indication that the two populations 
of the elfin-woods warbler are declining in numbers. The species can 
thrive in disturbed and plantation habitats, although abundance of the 
species on these habitats is lower than in primary habitats. Moreover, 
elfin-woods warblers appear to recover well, and in a relatively short 
time, from damaging effects of hurricanes to the forest structure. 
Therefore, we assign a listing priority number of 11 to Dendroica 
angelae.

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 and upper Verde River drainage, middle and 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 because they result in direct mortality 
or reduced reproductive capacity and may be irreversible in complex 
habitat. The threats are ongoing and, therefore, imminent. Thus, we 
retained an LPN of 3 for this subspecies.
    Eastern massasauga rattlesnake (Sistrurus catenatus)--See above in 
``Listing Priority Changes in Candidates.'' The above summary is based 
on information contained in our files.
    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. In Alabama, 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 there. 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 the habitat that 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 20, 2000, and updated through April 30, 2011. The 
Louisiana pine snake historically occurred in the fire-maintained 
longleaf pine ecosystem within west-central Louisiana and extreme east-
central Texas. The historic and ongoing loss of potential habitat (via 
fire suppression, conversion to pine plantations, increases in the 
number and width of roads, and urbanization) on private lands in the 
matrix between these extant populations reduces the potential for 
dispersal among remnant populations and the potential for natural re-
colonization of vacant suitable habitat patches. The primary threats 
coupled with the disruption of natural fire regimes have reduced the 
Louisiana pine snake to seven isolated populations. Several of these 
remnant populations may be vulnerable to factors associated with low 
population

[[Page 66396]]

sizes and demographic isolation such as reduced genetic heterozygosity. 
Because it is unlikely that corridors linking extant populations will 
be established, the loss of any extant population is likely to be 
permanent. Additional threats that may occur even within quality 
Louisiana pine snake habitat include mortality from on- and off-road 
mortality, entanglement in erosion control devices installed in rights-
of-way, and intentional killing. Finally, the Louisiana pine snake has 
an extremely low reproductive rate, thereby magnifying the effects of 
the above listed threats. 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.
    Louisiana pine snake populations on Federal lands have received 
increased management attention (via prescribed burning and thinning) in 
recent years, and as a result, the successional degradation of occupied 
and potential habitat within these populations has been stabilized or 
reversed. Nonetheless, not all areas of occupied habitat on Federal 
lands have received recent prescribed burning, and in the absence of 
adequate burning, Louisiana pine snake habitat becomes degraded via 
vegetative succession. The largest and perhaps most important extant 
Louisiana pine snake population exists on private industrial 
timberland. Although two conservation areas are managed to benefit 
Louisiana pine snakes on this property, the majority of the occupied 
habitat between the conservation areas is threatened by land management 
activities (habitat conversion to short-rotation pine plantations) that 
are expected to decrease habitat quality. The candidate conservation 
agreement (CCA) for the Louisiana pine snake which includes the 
Service, U.S. Forest Service, Department of Defense, Texas Parks and 
Wildlife, and Louisiana Department of Wildlife was completed in 2003, 
and is currently being implemented. The CCA is designed to identify and 
establish management for the Louisiana pine snake on Federal lands in 
Louisiana and Texas, and provides a means for the partnering agencies 
to work cooperatively on projects that avoid and minimize impacts to 
the snake. It also sets up a mechanism to exchange information on 
successful management practices and coordinate research efforts.
    In 2001, the Service provided funds, through the Private 
Stewardship Grant Program, to a private landowner for habitat 
restoration and prescribed burning on several tracts of their Bienville 
Parish property containing a known Louisiana pine snake population. A 
habitat management plan for those sites was developed, and in August of 
2005, that landowner was awarded a grant for continued habitat 
improvement on that same property. Subsequently, that property has been 
transferred to a new landowner. Through the use of those grant funds 
and voluntary investment, those private landowners have converted lands 
to longleaf pine within those Core Management Areas and completed 
prescribed burning.
    The Louisiana Pine Snake Conservation Group consists of 
representatives from a variety of organizations having an interest in 
Louisiana pine snake conservation and includes approximately 90 
individuals representing State and Federal government, non-profit and 
private organizations, zoos, academia, and private landowners. This 
group has been holding annual stakeholder meetings since 2003. At those 
meetings, stakeholders discuss issues and threats to the Louisiana pine 
snake, identify possible strategies to deal with those threats, report 
on land management activities beneficial to stability or recovery, and 
discuss and share successful results. Five significant actions have 
resulted from cooperative efforts of this group's members: (1) 
Completion of a threats assessment; (2) development and completion of a 
landscape--scaled resources selection function model; (3) training and 
experimental testing of a scent dog to assist in survey efforts; (4) 
initiation of an experimental captive breeding and reintroduction 
program; and (5) initiation of a DNA microsatellite study that will 
help define genetic structure among 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, lead us to 
conclude that the threats have significant effects on the survival of 
the species and therefore remain high in magnitude. Thus, based on 
nonimminent, high-magnitude threats, we assign a LPN of 5 to this 
species. We find that listing this species is warranted throughout all 
its range.
    Tucson shovel-nosed snake (Chionactis occipitalis klauberi)--The 
Tucson shovel-nosed snake is a small, burrowing snake in the Colubridae 
family that occupied a roughly 35-mile-wide swath running along the 
Phoenix-Tucson corridor in northeastern Pima, southwestern Pinal, and 
eastern Maricopa Counties, Arizona. No systematic surveys have been 
conducted to assess the status of the subspecies throughout its range, 
but it has apparently disappeared from some areas.
    Threats to the Tucson shovel-nosed snake include urban and rural 
development; road construction, use, and maintenance; concentration of 
solar power facilities and transmission corridors; agriculture; 
wildfires; and lack of adequate management and regulation. 
Comprehensive plans encompassing the entire range of the snake 
encourage large growth areas in the next 20 years and beyond. These 
plans also call for an increase in roads and transportation corridors, 
which have been documented to affect the snake through direct 
mortality. Additionally, development of solar energy facilities and 
transmission corridors throughout the State is being pursued, and 
demand for these facilities will likely increase. Some of these 
facilities are being considered within the range of the Tucson shovel-
nosed snake. Wildfires due to infestations of nonnative grasses in the 
snake's habitat, dominated by native plants not adapted to survive 
wildfires, are likely to increase in frequency and magnitude in the 
future as these invasive grasses continue to spread rapidly. 
Regulations are not in place to minimize or mitigate these threats to 
the Tucson shovel-nosed snake and its habitat, and, therefore, they are 
likely to put the snake at risk of local extirpation or extinction. 
These threats, particularly those that lead to a loss of habitat, are 
likely to reduce the population of the Tucson shovel-nosed snake across 
its entire range. Given the limited geographic distribution of this 
snake and the fact that its entire range lies within the path of 
development in the foreseeable future, these threats are of high 
magnitude and are imminent. Accordingly, we have assigned an LPN of 3 
for the Tucson shovel-nosed snake.
    Desert tortoise, Sonoran DPS (Gopherus agassizii)--The following 
summary is based on information contained in our files. Sonoran desert 
tortoises are most closely associated with Sonoran and Mojave 
desertscrub vegetation types, but may also be found

[[Page 66397]]

in other habitat types within their distribution and elevation range. 
They occur most commonly on rocky, steep slopes and bajadas in 
paloverde-mixed cacti associations. Washes and valley bottoms may be 
used in dispersal and, in some areas, as all or part of home ranges. 
Most Sonoran desert tortoises in Arizona occur between 904 to 4,198 
feet (275 to 1280 meters) in elevation. The Sonoran desert tortoise is 
distributed south and east of the Colorado River in Arizona in all 
counties except for Navajo, Apache, Coconino, and Greenlee Counties, 
south to the Rio Yaqui in southern Sonora, Mexico. A recently published 
paper on the genetics of desert tortoise indicates this population 
should be treated as a separate species. We will be analyzing this new 
information, and will make any necessary changes to the nomenclature 
and LPN in the next candidate notice.
    Threats include nonnative plant species invasions and altered fire 
regimes; urban and agricultural development, and human population 
growth; barriers to dispersal and genetic exchange; off-highway 
vehicles; roads and highways; historical ironwood and mesquite tree 
harvest in Mexico; improper livestock grazing (predominantly in 
Mexico); undocumented human immigration and interdiction activities; 
illegal collection; predation from feral dogs; human depredation and 
vandalism; drought; and climate change. Threats to the Sonoran desert 
tortoise differ geographically and are highly synergistic in their 
effects on the population. The threats identified to affect the Sonoran 
desert tortoise currently or in the foreseeable future are of high 
magnitude but, overall, are nonimminent. Therefore, we assigned an LPN 
of 6 to this population of desert tortoise.
    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, are the primary 
threats 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 in the Southwest. Due to continued 
drought, irrigated agriculture, and development in the region, surface 
water in the Rio Sonoyta can be expected 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, and northeastern and central Nevada, but local 
populations within this general area appear to be small and isolated 
from each other. Recent work 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. Threats to 
Columbia spotted frog include poor management of habitat including 
water development, improper grazing, mining activities, and nonnative 
species, all of which have contributed, and continue 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's 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 the range that have 
benefitted these populations. We conclude that the threats are of 
moderate magnitude, because the DPS is still widely distributed, and 
several regulatory mechanisms are benefitting the populations and 
working to reduce threats. Based on imminent threats of moderate 
magnitude, we assigned an LPN 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; July 2, 2002). 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 in 1917, 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 
that R. sierrae occurs both in the southern and northern portions of 
the Sierra Nevada with no range overlap. We accept the taxonomic 
distinction of two species, and the taxonomic split between the 
mountain yellow-legged frogs in the northern and central Sierra Nevada 
Mountains of California (Rana sierrae)

[[Page 66398]]

and the mountain yellow-legged frogs in the southern Sierra Nevada and 
the mountains of southern California (R. muscosa) and we intend to 
propose this taxonomic change in a proposed rule. In the interim, we 
continue to recognize all 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 (CDFG) 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 Lake, 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 
were 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 
ongoing, 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. 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 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)--See above in ``Listing 
Priority Changes in Candidates.'' The above summary is based on 
information contained in our files.
    Austin blind salamander (Eurycea waterlooensis)--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.
    Berry Cave salamander (Gyrinophilus gulolineatus)--The following 
summary is based on information in our files. We have no new 
information since this species was afforded candidate status through 
our 12-month warranted-but-precluded finding published on March 22, 
2011 (76 FR 15919). The Berry Cave salamander is recorded from Berry 
Cave in Roane County; from Mud Flats, Aycock Spring, Christian, Meades 
Quarry, Meades River, and Fifth Caves in Knox County; from Blythe Ferry 
Cave in Meigs County; and from an unknown cave in Athens, McMinn 
County, Tennessee. These cave systems are all located within the Upper 
Tennessee River and Clinch River drainages. A total of 113 caves in 
Middle and East Tennessee were surveyed from the time period of April 
2004 through June 2007, resulting in observations of 63 Berry Cave 
salamanders. These surveys concluded that Berry Cave salamander 
populations are robust at Berry and Mudflats Caves, where population 
declines had been previously reported, and documented two new 
populations of Berry Cave salamanders at Aycock Spring and Christian 
caves.
    Ongoing threats to this species include lye leaching in the Meades 
Quarry Cave as a result of past quarrying activities, a proposed 
roadway with potential to impact the recharge area for the Meades 
Quarry Cave system, urban

[[Page 66399]]

development in Knox County, water quality impacts despite existing 
State and Federal laws, and possibly hybridization between spring 
salamanders and Berry Cave salamanders in Meades Quarry Cave. These 
threats, coupled with confined distribution of the species and apparent 
low population densities, leave the Berry Cave salamander vulnerable to 
extirpation. We have determined that the Berry Cave salamander faces 
imminent threats, and that the threats are of moderate magnitude, 
because some populations appear to be robust and new populations are 
emerging. We have therefore assigned it an LPN of 8.
    Georgetown salamander (Eurycea naufragia)--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.
    Jollyville Plateau salamander (Eurycea tonkawae)--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.
    Salado salamander (Eurycea chisholmensis)--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.
    Yosemite toad (Anaxyrus 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 that are edged with white or 
cream, and 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 have been grouped within the genus ``Bufo.'' 
Recently, Frost et al. divided the ``Bufo'' genus into three separate 
genera, assigning the North American toads to the genus Anaxyrus. 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, and we are 
acknowledging the change in genus name, and referring to the Yosemite 
toad accordingly in this document.
    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 
historic 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 historic elevational range of Yosemite toads is 1,460 to 3,630 m 
(4,790 to 11,910 ft).
    The threats 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 to destroy 
peat layers in meadows, both of which lower groundwater tables and 
summer flows of surface water. 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 construction could severely alter the 
terrestrial environment and result in the reduction and occasional 
extirpation of amphibian populations in the Sierra Nevada. Habitat gaps 
created by timber harvest and road construction 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 the species' 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; therefore the threats are nonimminent. In addition, as there 
are a number of substantial populations and these threats tend to have 
localized effects, the threats are moderate to low in magnitude. 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 as 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 
four 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 five 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

[[Page 66400]]

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, although we have no 
indication of population declines, at present. Therefore, the overall 
magnitude of the threat is moderate. Water-quality degradation in the 
Black Warrior basin is ongoing. Therefore, the threats are imminent. 
Additional surveys, initiated in 2011, may clarify the status of 
populations in the face of existing threats. 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, in 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. Twenty-three streams (125 miles (200 
kilometers) of stream) are thought to be occupied out of 26 streams 
(312 miles (500 kilometers) of stream) formerly 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 chubs 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 degradation. 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 through 
increased aridity of the region, thus reducing stream flows and warming 
aquatic habitats, which makes the habitat 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 has 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 Arizona's agreement and New 
Mexico's recovery plan recommend preservation and enhancement of extant 
populations and restoration of historical headwater-chub populations. 
The recovery and conservation actions prescribed by Arizona's and New 
Mexico's plans, which we predict will reduce and remove threats to this 
species, will require further discussions and authorizations before 
they can be implemented. The recently completed Arizona Game and Fish 
Department Sportfish Stocking Program's Conservation and Mitigation 
Program contains significant conservation actions for the headwater 
chub that will be implemented over the next 10 years.
    Although threats are ongoing, existing information indicates long-
term persistence and stability of existing populations. Currently 7 of 
the 23 extant stream populations are considered stable based on 
abundance and evidence of recruitment. We evaluated information 
provided in the 2009 petition relating to our 2008 change in LPN for 
the headwater chub from 2 to 8 as part of our annual analysis. In 
making that 2008 decision, we recognize that we inadvertently relied on 
some information and did not consider other available information. 
Additional information will be available on population status and 
threats later in 2011 that we will use to reassess the LPN for the 
headwater chub next year. We have retained an LPN of 8 for this species 
at this time.
    Least Chub (Iotichthys phlegethontis)--The following summary is 
based on information contained in our files and in the petition 
received June 25, 2007. The least chub is a small, colorful fish 
species in Utah that follows thermal patterns for habitat use. Least 
chub use flooded, warmer, vegetated marsh areas to spawn in the spring, 
and retreat to spring heads to overwinter as the water recedes in the 
late summer and fall. Historically, many least chub occurrences were 
reported across the State of Utah, but the current distribution of the 
species is highly reduced from its historic range. Currently, only six 
known wild populations remain, but one of these is considered 
functionally extirpated. Least chub also currently exist at several 
genetic refuge sites. The species faces threats from the effects of 
livestock grazing, which affects most least chub sites despite efforts 
to protect least chub habitat with grazing enclosures and management 
plans. Least chub habitat also is affected by current and proposed 
future groundwater withdrawals, especially when combined with the 
threat of drought. These threats also act cumulatively with climate 
change to put the least chub at further risk. Existing regulatory 
mechanisms are currently inadequate to regulate groundwater withdrawals 
and ameliorate their effects on least chub habitat. Nonnative species, 
particularly mosquitofish, also are a continuing threat to least chub. 
There is no known means of controlling mosquitofish, and they have 
already caused the functional extirpation of one wild least chub 
population.
    In 1998, several State and Federal agencies including the Service 
and the Utah Division of Wildlife Resources developed a Least Chub 
Conservation Agreement and Strategy, and formed the Least Chub 
Conservation Team. Their objectives are to eliminate or significantly 
reduce threats to the least chub and its habitat, and to ensure the 
continued existence of the species by restoring and maintaining a 
minimum number of least chub populations throughout its historic range. 
Recent State-led least chub conservation actions have included 
restoration of habitat affected by grazing, reintroduction and range 
expansion, nonnative removal, population monitoring, and working 
cooperatively with landowners to conserve water and aquatic habitat. 
This group also has recently begun a structured decision making 
modeling process that will provide additional guidance for conservation 
activities.
    Although grazing, groundwater withdrawal, and predation by 
nonnative species are high magnitude threats to some populations, they 
are of low magnitude or nonexistent in other populations. Therefore the 
threats to the least chub are of moderate magnitude overall. The 
threats are imminent because they are identifiable and the species is 
currently facing them in many portions of its range. Therefore, we have 
assigned the least chub an LPN of 7.
    Roundtail chub (Gila robusta), Lower Colorado River DPS--The 
following summary is based on information contained in our files and 
the 12-month

[[Page 66401]]

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-two streams are currently occupied, representing 
approximately 18 to 32 percent of the species' former range, or 800 km 
(500 miles) to 1,350 km (840 mi) of 3,050 km (1,895 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 through increased aridity of the region, thus reducing stream 
flows and warming aquatic habitats, which makes the habitat 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 the 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. The recently completed Arizona Game 
and Fish Department Sportfish Stocking Program's Conservation and 
Mitigation Program contains significant conservation actions for the 
roundtail chub that will be implemented over the next 10 years.
    Although threats are ongoing, existing information indicates long-
term persistence and stability of existing populations. Currently, 9 of 
the 32 extant stream populations are considered stable, based on 
abundance and evidence of recruitment. Based on our assessment, threats 
(primarily nonnative species and 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 broadleaved 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 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 as 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. 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 Mississippi and Louisiana. 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 nonpoint 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, and this 
would also make the species more vulnerable to catastrophic events. 
Threats affecting the Pearl darter are localized in nature, affecting 
portions of the population within the drainage; thus, a threat 
magnitude of moderate to low is assigned for this species. In addition, 
the threats are imminent because the identified threats are currently 
affecting this species in some portions of its range. Therefore, we 
have assigned an LPN of 8 for this species.
    Arctic grayling, Upper Missouri River DPS (Thymallus arcticus)--The 
following summary is based on information contained in our files. This 
fish species has a broad, nearly circumpolar distribution, occurring in 
a variety of cold-water habitats including small streams, large rivers, 
lakes, and even bogs. We determined in our September 8, 2010, status 
review (75 FR 54708) that the upper Missouri River population of arctic 
grayling in Montana and Wyoming represents a DPS because it is discrete 
due to geographic separation and genetic differences, and it is 
significant to the taxon as a whole.

[[Page 66402]]

The historical range of Arctic grayling in the upper Missouri River 
basin has declined dramatically in the past century. The five remaining 
indigenous populations are isolated from one another by dams or other 
factors.
    All populations face potential threats from competition with and 
predation by nonnative trout, and most populations face threats 
resulting from the alteration of their habitats, such as habitat 
fragmentation from dams or irrigation diversion structures, stream 
dewatering, high summer water temperatures, loss of riparian habitats, 
and entrainment in irrigation ditches. Severe drought likely also 
affects all populations by reducing water availability and reducing the 
extent of thermally suitable habitat. Projected climate changes will 
likely influence the severity and scope of these threats in the future. 
As applied, existing regulatory mechanisms do not appear to be adequate 
to address the primary threats to arctic grayling. In addition, four of 
five populations are at risk from random environmental fluctuations and 
genetic drift due to their low abundance and isolation. The magnitude 
of these threats is high because one or more of these threats occurs in 
each known population in the Missouri River basin. The threats are 
imminent because they are currently occurring and expected to continue 
in the foreseeable future. Therefore, we have assigned the upper 
Missouri River DPS of arctic grayling an LPN of 3.
    Sicklefin redhorse (Moxostoma sp.)--The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on April 20, 2010. The sicklefin redhorse, 
a freshwater fish, occupies cool to warm, moderate gradient creeks and 
rivers; during parts of its early life stages, it also occupies the 
near-shore areas in large reservoirs. It feeds and spawns in gravel, 
cobble, and boulder substrates with no, or very little, silt overlay. 
There are only two metapopulations of the species known to survive: one 
in the Hiwassee River system in North Carolina and Georgia, and one in 
the Little Tennessee River system in North Carolina.
    All of the surviving occurrences of the sicklefin redhorse continue 
to be restricted to relatively short reaches of the streams they occupy 
and expansion of the populations is to a large degree prohibited by 
existing hydropower dams and in several cases cold-water discharges 
from hydroelectric dam operations. Other impacts and threats to the 
species and its habitat include: Siltation resulting from inadequate 
erosion/sedimentation control during agricultural, timbering, and 
construction activities; run-off and discharge of organic and inorganic 
pollutants from industrial, municipal, agricultural, and other point 
and nonpoint sources; habitat alterations associated with 
channelization and instream dredging/mining activities; and other 
natural and human-related factors that adversely modify the aquatic 
environment (e.g., illegal dumping, introduction of invasive predators, 
drought, flooding). The sicklefin redhorse's limited distribution make 
the species extremely vulnerable to the effects from single 
catastrophic events (such as toxic chemical spills, major sedimentation 
events, channel modification, etc.) and the cumulative effects of 
lesser impacts to the species habitat and numbers. Although the 
majority of the streams still occupied by the species occur in areas 
that are presently primarily rural, many of the communities within the 
watersheds of these streams are experiencing increasing development 
pressure, both commercial and residential, and continue to develop and 
implement plans for upgrading and improving their infrastructure (e.g., 
roads, water supplies, sewer/wastewater treatment systems, etc.) to 
provide for increased densities of development. Because of the effects 
this development can have on water quality and habitat suitability for 
the sicklefin, along with its restricted distribution, the magnitude of 
the threat to the species is high; however, although the threats faced 
by the sicklefin redhorse are significant, it is not anticipated that 
the species will be subjected to these threats in the immediate future 
(within the next 1 to 2 years) and the immediacy of the threats thus 
remains nonimminent. Accordingly, we have assigned an LPN of 5 to this 
species.
    Grotto sculpin (Cottus sp., sp. nov.)--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.
    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 downstream population may be extirpated, 
representing a 69-percent reduction of its historical range.
    The most significant threat to the existence of the sharpnose 
shiner is 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, instream 
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. The 
magnitude of threat is considered high as reservoir development within 
the species' current range may render remaining habitat unsuitable. The 
immediacy of threat is nonimminent because the most significant 
threat--major reservoir construction--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. 
Smalleye shiners were historically known to occur downstream of the 
three major reservoirs occurring on the Brazos River. Currently, the 
species is found upstream of Possum Kingdom Reservoir (Upper Brazos 
River drainage) and may be extirpated from the downstream reach, 
representing a 54-percent reduction of its historical range.
    The most significant threat to the existence of the smalleye shiner 
is 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, instream 
sand and gravel mining, and the spread of invasive saltcedar. The 
current limited distribution of the smalleye shiner within the Upper 
Brazos River drainage

[[Page 66403]]

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 
considered high, as reservoir development within the species' current 
range may render remaining habitat unsuitable. The immediacy of threat 
is nonimminent because the most significant threat--major reservoir 
construction--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 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 20 centimeters (8 
inches) long. The range of the Zuni bluehead sucker has been reduced by 
over 95 percent. The Zuni bluehead sucker currently occupies 4.8 river 
kilometers (3 miles) in three headwater streams of the Rio Nutria in 
New Mexico, and potentially occurs in 44 river kilometers (27.5 miles) 
in 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's range reduction and fragmentation is caused 
by discontinuous surface-water flow, introduced species, and habitat 
degradation from fine sediment deposition. The Zuni bluehead sucker 
persists in very small creeks that are subject to very low flows and 
drying during periods of drought. Because of climate change (warmer air 
temperatures), streamflow is predicted to decrease in the Southwest. 
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 
streamflow 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 Rio Nutria and 
Rio Pescado 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 not one has 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 these actions will require 
further development and authorization before they can be implemented 
and threats are reduced. Because of the ongoing (imminent) 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 and develop a conservation plan to direct conservation. 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. The Texas hornshell is a freshwater mussel found in the 
Black River in New Mexico, and in 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. In 2011, the Rio Grande population near Laredo was 
resurveyed and found to be large and robust.
    The primary threats to this species are habitat alterations such as 
streambank channelization, impoundments, and diversions for agriculture 
and flood control, including a proposed low-water diversion dam just 
downstream of the Rio Grande population near Laredo; 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, and because at

[[Page 66404]]

least one of the populations appears to be robust, the 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, there is only one population--the Clinch River/Copper Creek 
-where the species remains in large numbers and is viable, 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, and Indian Creeks). 
Newly reintroduced populations in the Little Tennessee, Nolichucky, and 
Duck Rivers will hopefully begin to reverse the downward population 
trend of this species. The threats are high in magnitude, as 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) that result in mortality or reduced reproductive output. As 
the threats are ongoing, they are imminent. We assigned an LPN of 2 to 
this mussel species.
    Neosho mucket (Lampsilis rafinesqueana)--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.
    Slabside pearlymussel (Lexingtonia dolabelloides)--The following 
summary is based on information contained in our files. 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 11 isolated stream segments. 
Current status information for most of the 11 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 of the 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 (i.e., Clinch, North and Middle Forks of the Holston 
River, Paint Rock River, and Duck River), 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 (i.e., 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, as 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) that result in mortality or reduced 
reproductive output. As the threats are ongoing, they are imminent. We 
assigned an LPN of 2 to this mussel species.
    Rabbitsfoot (Quadrula cylindrica cylindrica)--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.

Snails

    Black mudalia (Elimia melanoides)--The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on April 20, 2010. The black mudalia is a 
small snail that is found clinging to clean gravel, cobble, boulders 
and/or logs in flowing water on shoals and riffles. The historical 
distribution of the black mudalia encompassed over 250 miles of stream 
channel in the upper the Black Warrior River drainage in Alabama. The 
species has been extirpated from more than 80 percent of that range by 
the construction of two major dams on the main stem Black Warrior River 
and another dam on the lower Sipsey Fork. Other historical causes of 
range curtailment in the un-dammed river and stream channels of the 
upper Black Warrior River drainage include coal mine drainage, 
industrial and municipal pollution events, and agricultural runoff. The 
mudalia is currently known from 10 shoal populations in five streams.
    Water quality and habitat degradation are the biggest threats to 
the continued existence of the black mudalia. 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 stream 
habitats. Runoff from old, abandoned coal mines generates pollution 
through acidification, increased mineralization, and sediment loading. 
Most of the stream segments draining into black mudalia habitat 
currently support their water quality classification standards. 
However, the reach of the Locust Fork where the species is found is 
identified on the

[[Page 66405]]

Alabama 303(d) List (a list of water bodies failing to meet their 
designated water-use classifications) as impaired by siltation, 
nutrients, or other habitat alterations. Additional surveys that were 
initiated in 2011, will clarify the extent and status of black mudalia 
populations. Because most of the stream segments currently occupied by 
black mudalia have sufficient water quality, we conclude that the 
threats to the species are moderate. Based on ongoing threats of 
moderate magnitude, we assigned an LPN of 8 to this species.
    Phantom Cave snail (Cochliopa texana) and Phantom springsnail 
(Tryonia cheatumi)--We continue to find that listing these 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.
    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 snail 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 
elevations up to middle and some high elevations, greatly reducing the 
forest area and thus reducing the resilience of native forests and 
Tutuila's 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. As the threats occur throughout the entire range of the 
species and 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)--We continue to find that listing 
these 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.
    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 
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. Because 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 
operations in the near future, 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 retain an LPN of 5 for this 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), the Manokwar flatworm (Platydemus manokwari), and possibly rats 
(Rattus spp.) 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 
snails. In addition, predation by rats may be a serious and ongoing 
threat to the fragile tree snail. Because all of the threats occur 
rangewide and 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

[[Page 66406]]

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, flatworms, and possibly rats (Rattus spp.). 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). In addition, predation by rats may be a 
serious and ongoing threat to the Guam tree snail. 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 
and 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 14 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, flat 
worms, and possibly rats (Rattus spp.). 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). In addition, predation 
by rats (Rattus spp.) may be a serious and ongoing threat to the humped 
tree snail. 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. In 
addition, predation by rats (Rattus spp.) may be a serious and ongoing 
threat to Langford's tree snail. All of the threats are occurring 
rangewide, and no efforts to control or eradicate the nonnative 
predatory snail species or rats, 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 snails and rats. 
All live Tutuila tree snails were found on understory

[[Page 66407]]

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.
    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. 
The following summary is based on information contained in our files. 
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]C, 113[deg] 
and 90 [deg]F) 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 installing fencing to exclude livestock, wild 
horses, burros and other large mammals; closing access roads to spring, 
riparian, and wetland areas and the limiting vehicles to designated 
routes; establishing a designated campground away from the habitats of 
sensitive species; installing educational signage; and increasing 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 threats 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 we can get data from a monitoring program that allows us to 
assess the long-term trend of the species, we have assigned a LPN of 
11.
    Gonzales springsnail (Tryonia circumstriata)--See summary above 
under Diamond Y Spring snail (Pseudotryonia adamantina).
    Huachuca springsnail (Pyrgulopsis thompsoni)--See above in 
``Listing Priority Changes in Candidates.'' The above summary is based 
on information contained in our files.
    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 use, agriculture, ranching, fish hatchery 
operations, recreation, and groundwater withdrawal. Many of the springs 
where the species occurs have been subjected to some level of 
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 candidate conservation agreement with assurances 
(CCAA) for the Page springsnail calls for implementation of 
conservation measures such as restoration and creation of natural 
springhead integrity, including springs on AGFD properties. In fact, 
several conservation measures benefitting the species have already been 
implemented. Additionally, the National Park Service has expressed an 
interest in restoring natural springhead integrity to Shea Springs, a 
site historically occupied by Page springsnail. Accordingly, ongoing 
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 retain an LPN of 8 for the Page springsnail.
    Phantom springsnail (Tyronia cheatumi)--See summary above under 
Phantom Cave snail (Cochliopa texana).

Insects

    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 10 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 occur 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 that 
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.

[[Page 66408]]

    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 relatively ``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 there is no basis to conclude that they are 
imminent. Based on high-magnitude and nonimminent threats, we assigned 
this species an LPN 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 and 
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 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 an 
LPN of 5 to this species.
    Coleman cave beetle (Pseudanophthalmus colemanensis)--The following 
summary is based upon information contained in our files. No new 
information was provided in the petition we received on April 20, 2010. 
The Coleman 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. It is only known from 
three Tennessee caves.
    The limestone caves in which this species is found provide a unique 
and fragile environment that support a variety of species that have 
evolved to survive and reproduce under the demanding conditions found 
in cave ecosystems. Caves and the species that are completely dependent 
upon them receive the energy that forms the basis of the cave food 
chain from outside the cave. This energy can be in the form of bat 
guano deposited by cave-dependent bats, large or small woody debris 
washed or blown into the cave, or tiny bits of organic matter carried 
into the cave by water through small cracks in the rocks overlaying the 
cave.
    The Coleman cave beetle was originally known only from the 
privately owned Coleman Cave in Montgomery County. This cave formerly 
supported a colony of endangered gray bats. The bats have abandoned 
this cave because of air flow changes in the cave caused by closure of 
an upper entrance to the cave. Although the cave is protected by a 
cooperative management agreement with the landowner, the upper entrance 
has not been restored and the bats have not returned to the cave. A new 
location for the species was discovered during a biological inventory 
of Foster Cave (also known as Darnell Cave) when one specimen of the 
species was found during that survey. Foster Cave is on a preserve 
owned and managed by the Tennessee Department of Conservation. In 2006, 
specimens of this species were discovered in Bellamy Cave and in 
Darnell Spring Cave (part of the same cave complex as Foster Cave). All 
of these sites are in close proximity to each other. Bellamy Cave is 
owned and managed by the Tennessee Wildlife Resources Agency (TWRA). 
Both Foster Cave and Bellamy Cave were first acquired and protected by 
The Nature Conservancy and later transferred to the State for long-term 
protection and management.
    The threats are nonimminent because there are no known projects 
planned that would affect the species in the next few years. Because it 
occurs at three locations and it receives some protection under a 
cooperative management agreement and protective ownership, the 
magnitude of threats is moderate to low. Thus, we have assigned an LPN 
of 11 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 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

[[Page 66409]]

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 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 adversely 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 negative 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 the species receives some protection under a cooperative 
management agreement. We therefore have assigned an LPN 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 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 
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 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 
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)--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.
    Orangeblack Hawaiian damselfly (Megalagrion xanthomelas)--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 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 therefore of 
moderate magnitude.
    Picture-wing fly (Drosophila digressa)--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.
    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, recreational activities in the springs, and 
potential changes in water quality and quantity due to

[[Page 66410]]

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 retain 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 and South Dakota in the United 
States, 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 U.S. 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. 
Careful and considered management is always necessary to ensure the 
species' 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 preclude adverse effects from overgrazing. The threats are such 
that the Dakota skipper warrants listing. The threats are moderate in 
magnitude because some sites are protected through careful and 
considered management, and therefore they do not affect the species 
uniformly throughout its range. The threats are ongoing, and therefore 
imminent. We assigned this species an LPN of 8 to reflect the immediacy 
of threats to remnant habitat, particularly on private lands.
    Mardon skipper (Polites mardon)--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.
    Meltwater lednian stonefly (Lednia tumana)--See above in ``Listing 
Priority Changes in Candidates.'' The above summary is based on 
information contained in our files.
    Coral Pink Sand Dunes tiger beetle (Cicindela limbata albissima)--
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.
    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 10 
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. 
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. Therefore, overall, the threats are nonimminent, and we 
assigned the Highlands tiger beetle an LPN of 5.

Arachnids

    Warton's cave meshweaver (Cicurina wartoni)--See above in ``Listing 
Priority Changes in Candidates.'' The above summary is based on 
information contained in our files.

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 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,

[[Page 66411]]

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 2 pools on the island of Maui and 13 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). 
Twelve of the pools on the island of Hawaii are located within a State 
NAR. Hawaii's State statutes prohibit the collection of the species and 
the disturbance of the pools in State NARs. 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)--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.

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 a small perennial herb, 2.5 to 15.2 centimeters (1 to 
6 inches) across, forming compact mats with lavender-pink, trumpet-
shaped, and generally fragrant flowers. Abronia alpina is known from 
one main population center at Ramshaw Meadow and a smaller population 
at the adjacent Templeton Meadow. The meadows are located on the Kern 
River Plateau in the Sierra Nevada, on lands administered by the 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 for the years from 1985 through 2009, ranged from a high of 
approximately 130,000 plants in 1997, to a low of approximately 40,000 
plants in 2003. In 2009, when the population was last monitored, the 
estimated total population increased again to just over 120,000 plants.
    The factors currently threatening Abronia alpina include natural 
and human habitat alteration, lowering of the water table due to 
erosion within the meadow system, and recreational use within meadow 
habitats. Lodgepole pines are encroaching upon meadow habitat with 
trees germinating within A. alpina habitat, occupying up to 20 percent 
of two A. alpina subpopulations. 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 habitat occupied by Abronia alpina directly borders the meadow 
system, which is supported by the South Fork of the Kern River. The 
river flows through the meadow, at times coming within 15 m (50 ft) of 
Abronia alpina habitat, particularly in the vicinity of five 
subpopulations. Livestock trampling, along with the removal of bank 
stabilizing vegetation by grazing livestock, has contributed to 
downcutting of the river channel through the meadow, leaving the meadow 
subject to potential alteration by lowering of the water table. In 
2001, the U.S. Forest Service began resting the grazing allotment for 
10 years, eliminating cattle use up through the present time. The U.S. 
Forest Service is currently assessing the data collected on the rested 
allotment and, if the data indicate that sufficient watershed recovery 
has occurred, may conduct an environmental analysis to consider 
resumption of grazing.
    Established hiker, packstock, and cattle trails pass through A. 
alpina subpopulations. Two main hiker trails pass through Ramshaw 
Meadow, but in 1988 and 1997, they were rerouted out of A. alpina 
subpopulations where feasible. Occasional incidental use by horses and 
hikers sometimes occurs on the remnants of cattle trails that pass 
through subpopulations in several places. The Service has funded 
studies to determine appropriate conservation measures for the species, 
and is working

[[Page 66412]]

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 sandy loam 
along eroding river banks. It is occasionally found in adjacent mesic 
woods, but it will not persist in heavily shaded conditions. Currently, 
16 natural 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 (16) across multiple 
counties in two States and due to the fact that several sites are 
protected. However, as 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 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 changes, including sea-level rise, are long-term 
threats that are 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 as 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 borealis 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. Numerous surveys have not detected 
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 Miller Island 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 could be eliminated by a single disturbance. The threats 
are imminent because recreational use is ongoing; invasive nonnative 
species occur at both sites; windblown erosion and deposition of the 
substrate is ongoing at the Klickitat County site; and high water flows 
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 Bureau of Land Management. 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 (made up of rock 
consisting of smaller kinds of volcanic detritus) 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.
    The primary threats to remaining A. anserinus individuals consist 
of habitat degradation and modifications to the ecosystem in which it 
occurs resulting from an altered wildfire regime, and associated 
activities to control wildfires and rehabilitate burned-over areas. 
Other factors that also appear to threaten A. anserinus include 
livestock use, invasive nonnative species, 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

[[Page 66413]]

magnitude, as these threats have the potential to destroy whole 
populations. The threats are nonimminent because they are not currently 
ongoing. Thus, we have assigned A. anserinus an LPN of 5.
    Astragalus microcymbus (Skiff milkvetch)--The following summary is 
based on information contained in our files and in the petition we 
received on July 30, 2007. Astragalus microcymbus is a perennial forb 
that dies back to the ground every year. It has a very limited range 
and a spotty distribution within Gunnison and Saguache Counties in 
Colorado, where it is found in open, park-like landscapes in the 
sagebrush steppe ecosystem on rocky or cobbly, moderate to steep slopes 
of hills and draws. The most significant threats to A. microcymbus are 
recreation, roads, trails, the overall inadequacy of existing 
regulatory mechanisms, and habitat fragmentation and degradation. 
Recreational impacts are likely to increase given the close proximity 
of A. microcymbus to the town of Gunnison and the increasing popularity 
of mountain biking, motorcycling, and all-terrain vehicles. 
Furthermore, the Hartman Rocks Recreation Area draws users and contains 
over 40 percent of the A. microcymbus units. Other threats to the 
species include residential and urban development; livestock, deer, and 
elk use; climate change; and increasing periodic drought, nonnative 
invasive cheatgrass, and wildfire. We consider the threats to A. 
microcymbus to be moderate in magnitude because while serious and 
occurring rangewide, they do not collectively result in having a 
greater likelihood of bringing about extinction on a short time scale. 
The threats are imminent because the species is currently facing them 
in many portions of its range. Therefore we have assigned A. 
microcymbus an LPN of 8.
    Astragalus schmolliae (Schmoll milkvetch)--The following summary is 
based on information contained in our files and in the petition we 
received on July 30, 2007. Astragalus schmolliae is a narrow endemic 
perennial plant that grows in the mature pinyon-juniper woodland of 
mesa tops in the Mesa Verde National Park area and in the Ute Mountain 
Ute Tribal Park in Colorado. The most significant threats to the 
species are degradation of habitat by fire, followed by invasion by 
nonnative cheatgrass and subsequent increase in fire frequency. These 
threats currently affect about 40 percent of the species' entire known 
range, and cheatgrass is likely to increase given its rapid spread and 
persistence in habitat disturbed by wildfires, fire and fuels 
management and development of infrastructure, and the inability of land 
managers to control it on a landscape scale. Other threats to A. 
schmolliae include fires, fire break clearings, drought, and inadequate 
regulatory mechanisms. The threats to the species overall are imminent 
and moderate in magnitude, because the species is currently facing them 
in many portions of its range, but the threats do not collectively 
result in having a greater likelihood of bringing about extinction on a 
short time scale. Therefore we have assigned A. schmolliae an LPN of 8.
    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. Astragalus 
tortipes 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 
6,400 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 that there is development within plant habitat. The Tribe 
reported that the status of the species remains unchanged, the 
population is healthy, and 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, because 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 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)--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.
    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, including 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 
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

[[Page 66414]]

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. Predation is a nonimminent 
threat. However, 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. 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 wildfire; increased fuel 
loading and subsequent risk of wildfire; 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 affect the overall survival of the species 
negatively. 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; in additions the threats 
from low seed production and survival are longer-term threats. Thus, 
overall the threats are nonimminent. As such, we assigned an LPN of 5 
to this species.
    Canavalia pubescens (Awikiwiki)--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.
    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 2007, with slight increases in 
reproductive output and density in 2008 and decreases in 2009. 
Population monitoring did not occur in 2010.
    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, 2009, and 2010, 
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

[[Page 66415]]

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 
not located after Hurricane Wilma; plants were likely killed by the 
tidal surge from this storm. 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, including 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 hurricanes, storm surges, 
lack of fire, and limited distribution result in a moderate magnitude 
of threat because a large part of the range is on conservation lands 
where threats are being addressed, 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 because 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 is 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 nonimminent because fire management 
at the largest occurrence is regularly conducted and sea-level rise and 
hurricanes are more long-term threats. Therefore, we assigned an LPN of 
12 to this subspecies. We will continue to monitor any changes in 
hydrological management that may affect the magnitude of threats to the 
species.
    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 densities) and usually with 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, including 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.

[[Page 66416]]

    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. As some 
of the 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. Chorizanthe parryi var. fernandina grows up to 
30 centimeters in height and 5 to 40 centimeters across. 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, inadequacy of existing regulatory mechanisms, and 
other natural or manmade factors. The threats to Chorizanthe parryi 
var. fernandina from habitat destruction or modification are slightly 
less than they were 7 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 Hollywood film 
productions was brought to our attention 2 years ago, and the potential 
impacts to Chorizanthe parryi var. fernandina have not yet been 
evaluated. 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 a threat. Cattle grazing may harm Chorizanthe parryi var. 
fernandina by trampling and soil compaction. Grazing activity could 
also alter the nutrient (e.g., elevated organic material levels) 
content of the soils for 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, and erosion. We retained an LPN of 6 for 
Chorizanthe parryi var. fernandina due to high-magnitude, 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 and December 2010 
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 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

[[Page 66417]]

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 2008-2010, 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, 
hurricanes, and climatic changes, including sea-level rise. 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 is a small 
shrub that has been described from southwestern Puerto Rico, Vieques 
Island, and Anegada Island (British Virgin Islands). All these sites 
lay within the subtropical dry forest life zone overlying a limestone 
substrate. Cordia rupicola has a restricted distribution. Currently, 
approximately 227 individuals are known from 4 locations: 
Pe[ntilde]uelas, Yauco, Gu[aacute]nica Commonwealth Forests, and 
Vieques National Wildlife Refuge. Additionally, the species is reported 
as common in Anegada.
    This species is threatened by maintenance of trails and power line 
rights-of-way in the Gu[aacute]nica Commonwealth Forest, and 
residential and commercial development in Pe[ntilde]uelas, Yauco, and 
Anegada Island. Cordia rupicola is also vulnerable to natural (e.g., 
hurricanes) or manmade (e.g., human-induced fires) threats. 
Furthermore, the population on Anegada Island, which is considered the 
healthiest population, is expected to be affected sea-level rise as 
most of the suitable habitat for the species is below 3 meters above 
sea level. For these reasons, we believe that the magnitude of the 
current threats should be considered high. About 60 percent of known 
adult plants are located in protected lands managed for conservation by 
the Puerto Rico Department of Natural and Environmental Resources or 
the Service. For these reasons, threats to Cordia rupicola on the whole 
are high magnitude and nonimminent, and therefore we have assigned a 
listing priority number of 5. However, the threats faced by the species 
are expected to increase in the future, and therefore may become 
imminent, if conservation measures are not implemented and long-term 
impacts are not averted.
    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 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 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)--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 filipes (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.
    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. In addition, plants were reintroduced to a 
park in Miami-Dade County in 2006, but only four remained after 8 
months.
    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, including 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 competition 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

[[Page 66418]]

on conservation lands, these plants still face significant ongoing 
threats. Therefore, we have assigned an LPN of 3 to Florida prairie-
clover.
    Dichanthelium hirstii (Hirst Brothers' 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 anthropogenic factors occurring adjacent to 
the species' wetland habitat. Given the low number 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 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 by 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. As 
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)--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.
    Erigeron lemmonii (Lemmon fleabane)--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.
    Eriogonum codium (Umtanum Desert buckwheat)--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.
    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 sparsely vegetated, 
gypsum soil outcroppings and is found historically only in Clark 
County, Nevada. In 2004, morphometrics were used to classify this plant 
as the unique variety nilesii, and its unique taxonomy was verified 
using molecular genetic analyses in 2007. Recent surveys have expanded 
E. corymbosum var. nilesii's range to Lincoln County, Nevada, and 
Washington County, Utah.
    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 (73 FR 75176; December 10, 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 Utah 
or by 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 
because 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

[[Page 66419]]

future, they are not expected to happen in the immediate future due to 
economic decline, 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 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. 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. 
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, in 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. Given the 
magnitude (high) and immediacy (nonimminent) of the threat to the 
small, scattered populations, and given its taxonomy (species), we 
assigned an LPN 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 possibly occurred on Maui.
    This species 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. 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, 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 (CCA) 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 nonimminent, due to 
the provisions of the CCA 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 and reduced reproductive vigor on the 
island of Hawaii. This species is represented in ex situ collections. 
On Kauai, G. remyi individuals have been outplanted within ungulate-
proof exclosures in two locations. 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,

[[Page 66420]]

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.
    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. This species is 
currently known from two populations: one at Cerro La Santa and the 
other at Charco Azul, both in the Carite Commonwealth Forest. This 
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 apparently no longer exists. In 1996, 
approximately 172 plants were reported at Cerro La Santa. However, in 
2006, only 25 individuals were reported at this site, and four were 
located in Charco Azul. At Cerro La Santa, the species is found growing 
on trees located close to communication towers, roads, plantations, and 
trails.
    The Gonocalyx concolor population found at Cerro La Santa is 
threatened by habitat destruction and modification caused by vegetation 
clearing around telecommunication towers. Although the species is 
located within a Commonwealth forest, which is protected by Law No. 133 
(``Ley de Bosques de Puerto Rico'' or The Puerto Rico Forest Law), 
unauthorized maintenance of existing communication facilities continue 
to result in loss of individuals. Gonocalyx concolor is not currently 
listed in the Commonwealth Regulation No. 6766 (``Reglamento para Regir 
las Especies Vulnerables y en Peligro de Extinci[oacute]n en el Estado 
Libre Asociado de Puerto Rico''), which provides protection for 
endangered and threatened species. However, the Natural Heritage 
Program of the Puerto Rico Department of Natural and Environmental 
Resources recognizes Gonocalyx concolor as a critical element. In 
addition, the Carite Commonwealth Forest is designated as a Critical 
Wildlife Area by the Commonwealth of Puerto Rico. Despite these 
conservation efforts, damages to the species still occur due to its 
restricted distribution and location near telecommunication facilities, 
which renders the species vulnerable to both natural (e.g., hurricanes, 
landslides) and manmade impacts. Thus, we consider that existing laws 
and regulations have not been effectively enforced to protect these 
populations. Moreover, we believe that inadequacy of regulatory 
mechanisms is a current threat to the species. Overall, we consider 
current threats to Gonocalyx concolor to be high in magnitude but 
nonimminent, as there are no known projects within the Commonwealth 
protected area. Habitat modification of this species has been only 
observed in one site at Cerro La Santa area. Therefore, we have 
assigned an LPN of 5 to 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 
to 100 centimeters (20 to 40 inches) high. The only known extant native 
occurrence of this species in the United States occupies 2 ha (5 ac) 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 four 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, and San 
Elijo Lagoon. Hazardia orcuttii also occurs at a few coastal sites in 
Mexico, where it recently became listed as endangered under Mexican 
environmental law. The total number of plants at the only native site 
in the United States is approximately 669 adults, and it is unknown if 
reproduction is occurring. The five additional test populations 
collectively support approximately 483 adults, 17 juveniles, and 322 
seedlings, and reproduction is occurring in three test populations. The 
population in Mexico is estimated to be 1,100 plants. The occurrences 
in Mexico are threatened by coastal development from Tijuana to 
Ensenada.
    The native population in the United States is within an area that 
receives public use; however, management at this site has minimized 
impacts associated with habitat degradation. 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 United States are small 
and one test population is 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. Due to low abundance and 
a very small area of occupancy, any regional fire would be a rangewide 
threat. Furthermore, because the soil seed bank is poor and seed 
viability is low, recovery from a fire may be especially challenging. 
The response mechanism of this species to fire is unknown. Overall, the 
threats to H. 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 long-term in nature. This species faces high-magnitude 
nonimminent threats; therefore, we assigned this species an LPN 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 and hurricanes 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;

[[Page 66421]]

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; two populations in 
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. In 
addition, despite past concerns about threats from timber removal 
degrading H. verticillatus habitat, the other Alabama population has 
responded favorably to canopy removal that took place circa 2001. 
Therefore, threats are of moderate magnitude, although imminent because 
they are ongoing. Thus, we assigned this species an LPN of 8.
    Hibiscus dasycalyx (Neches River rose-mallow)--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.
    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 with grayish-green foliage; dark red, wiry 
stems; and yellow flowers arranged in capitate cymes. Ivesia webberi 
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. 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 25 acres (10 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 and commercial 
development, authorized and unauthorized roads, off-highway vehicle 
(OHV) activities, livestock grazing and trampling, wildfire and fire 
suppression activities, and displacement by invasive species. Despite 
the high numbers of individuals, direct and indirect impacts to the 
species and its habitat, specifically from urban development and OHV 
activity, remain high and are likely to increase. In addition, these 
threats have a significant likelihood of bringing about extinction on a 
relative short time scale, and we therefore conclude that the threats 
are of high magnitude. 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. For 
these reasons, we have determined that the threats to I. webberi are 
nonimminent and we are maintaining an 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 44 widely scattered populations 
totaling approximately 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.
    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

[[Page 66422]]

capacity of the species. 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)--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.
    Linum arenicola (Sand 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. 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.
    Habitat loss and degradation due to development is a major threat 
and most of the remaining occurrences are on private land or non-
conservation public land. However, 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. Climatic changes and sea-level rise are long-term threats 
that are expected to affect the species and ultimately substantially 
reduce the extent of available habitat. Nearly all remaining 
populations are threatened by fire suppression, difficulty in applying 
prescribed fire, road maintenance activities, exotic species, or 
illegal dumping. However, some efforts are underway to use prescribed 
fire to control exotics on conservation lands where this species 
occurs. In general, viability is uncertain for 9 of 11 occurrences. 
Sand flax is vulnerable to natural disturbances, such as hurricanes, 
tropical storms, and storm surges. Hurricane Wilma inundated most of 
its habitat on Big Pine Key in 2005, and plants were not found 8 to 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. Due to the small and fragmented nature of the 
current population, stochastic events, disease, or genetic bottlenecks 
may strongly affect this species in the Florida Keys. 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.
    Overall, the magnitude of threats is high. Because development is 
not immediate for the majority of the largest population in Miami-Dade 
County, the threat of habitat loss at this location is nonimminent. In 
addition, the finding of a larger population than previously known, 
combined with its location on the mainland, tempers the immediacy of 
threats of hurricanes and other natural disturbances and catastrophic 
events. The new sizable, presumably viable population on the mainland 
provides some assurance that the species could withstand such threats 
due to the number of individuals and presence at a different geographic 
location (i.e., mainland versus Keys). Therefore, based on threats that 
are overall nonimminent but high in magnitude, we assigned this species 
an LPN of 5.
    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 
three county-owned preserves. A site with more than 100 plants is owned 
by the U.S. Department of Agriculture, but the site is not managed for 
conservation.
    Climatic changes, including 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.
    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

[[Page 66423]]

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 
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 Jersey, 
Delaware, North Carolina, and South Carolina, although the taxonomic 
identity of the historic North Carolina specimens is now in question. 
Previous reports of bog asphodel from New York are now believed 
erroneous. Extant populations of bog asphodel are now found only within 
the Pine Barrens region of New Jersey.
    Bog asphodel has experienced a clear and apparently ongoing 
curtailment of its geographic range, which leaves it vulnerable to 
localized and population-level threats. 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 2 
States, and now occurs on less than 80 acres of land confined to an 
area only about 30 miles in diameter. Eight of 26 delineated bog 
asphodel Element Occurrences in New Jersey are extirpated. The 
extirpated occurrences are distributed around the periphery of the 
range, representing a contraction. Many of the remaining occurrences 
around the periphery of the range are very small and subject to 
identified threats, making the species vulnerable to further range 
contractions.
    Significant threats include unauthorized use of off-road vehicles, 
deer, beaver, natural succession, and the risk of lowered water tables. 
Lesser threats include localized indirect effects of upland 
development, impacts from non-motorized recreational activities, 
collection, and herbivores other than deer. 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 
95 percent of bog asphodel occurs on protected lands, although 
enforcement of illegal activity can be lacking, and little active 
habitat management is taking place. 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 are generally historic not current threats to bog 
asphodel.
    Current threats to bog asphodel are low to moderate in magnitude 
because regulatory protections appear to be adequate so that the 
threats are not expected to bring about extinction on a relatively 
short time scale. Several threats are imminent because they are ongoing 
and expected to continue. Overall, based on these imminent, moderate 
threats, we retain an LPN 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, hundreds 
of N. latifolium individuals have been outplanted in fenced areas, 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, because they are severe enough to affect the continued 
existence of the species, leading to a relatively high likelihood of 
extinction. The threats are imminent, as 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 out of 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)--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.
    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 20 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. 
Grazing by wildlife and livestock is an additional threat. A future 
threat (and potentially the greatest threat) to the species is oil 
shale development. Traditional oil and gas energy development is 
currently occurring and expected to increase within habitat areas for 
this species, and therefore the threat is imminent.

[[Page 66424]]

However, the 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 although oil and 
gas development will continue to increase within this species' range, 
the threat is of moderate magnitude. The threats are ongoing and 
therefore imminent. Thus, we assigned an LPN of 9 to this plant 
variety.
    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)--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.
    Physaria douglasii ssp. tuplashensis (White Bluffs bladder-pod)--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.
    Physaria globosa (Desvaux) O'Kane & Al-Shehbaz (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. With this publication of this document, we recognize 
the proposed reunion of the genus Lesquerella with Physaria (O'Kane and 
Al-Shehbaz 2002 entire) and now refer to Short's bladderpod by the 
scientific name Physaria globosa. 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 P. 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, 
these threats are 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.
    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 60 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, but can promote development of 
dense, shrubby vegetation due to extensive suckering of woody species; 
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. Some 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 survival of the 
species is moderate in magnitude. Several of the sites are protected to 
some degree from the threats by being within State parks, national 
forests, wildlife management areas, or other protected land. The 
threats are, however, imminent because they are ongoing, and we have 
therefore assigned an LPN of 8 to this species.
    Platydesma remyi (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.
    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 forms a basal rosette 
and has bright yellow flowers. Potentilla basaltica 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 (10 on 
public and 1 on private land) 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 in both California and Nevada has been 
designated as an Area

[[Page 66425]]

of Critical Environmental Concern by the Bureau of Land Management 
(BLM).
    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 (OHV) travel. 
Conservation measures implemented recently by the BLM in Nevada include 
the installation of fencing to exclude livestock, wild horses, and 
other large mammals; the closure of access roads to spring, riparian, 
and wetland areas and the restriction 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, BLM management actions include a proposed long-
term monitoring plot, limiting OHV travel to designated routes, and 
excluding livestock grazing by fencing. 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 we can put 
in place a monitoring program 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. Historically, this variety was 
also found on Oahu and Lanai. 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 (and therefore 
imminent) 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.
    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 14 individuals in 6 populations on 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. As a result, 
the threats have the potential of bringing about extinction in a 
relatively short time scale, and are therefore are of high magnitude. 
They are also 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, 
branching, perennial herb with umbel-like inflorescences and yellow 
flowers. Rorippa subumbellata is known only from the shores of Lake 
Tahoe in California and Nevada. Data collected over the last 25 years 
generally indicate that occurrence of the species 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 periods, the lake level was 
approximately 6,224 feet (ft) (1,897.08 meters (m)); 2004 was the 
fourth consecutive year of low water. Rorippa subumbellata was present 
at 46 of the 60 sites surveyed, up from 31 occupied sites in 2001 when 
the lake level was higher at 6,225 ft (1,897.38 m). Approximately 
25,200 stems were present in 2003, whereas during the 2001 annual 
survey, the estimated number of stems was 6,136. Lake levels rose again 
in 2006, and less habitat was

[[Page 66426]]

available. Lake levels dropped again in 2008 through 2010, 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 46 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 which 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. Additional fenced areas are planned at 
Pohakuloa Training Area on the island of Hawaii. Nonnative feral 
ungulates and nonnative plants will be controlled within these fenced 
areas. 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 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. The species' distribution by 
ownership is described as follows: Federal (Bureau of Land Management), 
95 percent; private, 5 percent. 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 of 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. 
Approximately 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. Given the magnitude (high) and immediacy 
(nonimminent) of the threat to the small, scattered populations, and 
its taxonomy (species), we assigned an LPN of 5 to this species.
    Sicyos macrophyllus (`Anunu)--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.
    Solanum conocarpum (marron bacora)--The following summary is based 
on information in our files and in the petition we received on November 
21, 1996. Solanum conocarpum is a dry-forest shrub in the island of St. 
John, U.S. Virgin Islands. Its current distribution includes eight 
localities in the island of St. John, each ranging from 1 to 144 
individuals. The species has been reported to occur on dry, poor soils. 
It can be locally abundant in exposed topography on sites disturbed by 
erosion, areas that have received moderate grazing, and around 
ridgelines as an understory component in diverse woodland communities. 
A habitat suitability model suggests that the vast majority of Solanum 
conocarpum habitat is found in the lower elevation coastal scrub 
forest. Efforts have been conducted to propagate the species to enhance 
natural populations, and planting of seedlings has been conducted in 
the island of St. John.
    Solanum conocarpum is threatened by the lack of natural 
recruitment, absence of dispersers, fragmented distribution, lack of 
genetic variation, climate change, and habitat destruction or 
modification by exotic mammal species. These threats are evidenced by 
the reduced number of individuals, low number of populations, and lack 
of connectivity between populations. Overall, we determined the 
magnitude of the threats to be high as shown by the poor quality of the 
populations. The majority of threats are ongoing and, therefore, 
imminent. We assigned an LPN of 2 to this species.

[[Page 66427]]

    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 Kure (unknown number of individuals), 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. On Kure, Midway, 
Laysan, and Pearl and Hermes in the NWHI, tsunamis are also a potential 
threat to S. nelsonii. 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.
    Solidago plumosa (Yadkin River goldenrod)--The following 
information is based on information in our files. No new information 
was provided in the petition we received on April 20, 2010. The global 
distribution of Solidago plumosa consists of a single population that 
occurs in two discrete locations along a 2.5-mile stretch of the Yadkin 
River in North Carolina. The availability of suitable habitat and the 
fate of the single known population of this species are primarily 
determined by the manner in which two hydroelectric projects (the 
Yadkin River and Yadkin-Pee Dee River Hydroelectric Projects) are 
operated. Any detrimental effects to S. plumosa resulting from the 
construction of these reservoirs occurred decades ago when these 
projects were built (during the years of 1917 to 1928), and the Service 
is not aware of any plans to construct additional reservoirs within the 
current range of this species. However, S. plumosa continues to be 
subject to threats from the continued operation of these reservoirs 
(which has reduced the frequency and severity of scouring floods that 
help to prevent the establishment of other species within the species' 
limited habitat) and the encroachment of nonnative, invasive species. 
Because the species' global distribution consists of a single 
population, its entire range is affected by these threats. However, 
because scouring floods (prior to reservoir construction) likely only 
occurred episodically, and in light of the relatively slow progression 
of nonnative species into areas of occupied habitat, the magnitude of 
these threats is moderate to low. However, because these threats 
(especially those presented by nonnative, invasive plant species) are 
currently occurring, they are imminent. Thus, we assigned this species 
an LPN of 8.
    Sphaeralcea gierischii (Gierisch mallow)--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.
    Stenogyne cranwelliae (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.
    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 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 to 100 
stems), and because 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. The threats are currently occurring 
and therefore are imminent. Thus we assigned an LPN of 8 for this 
species.

Ferns and Allies

    Cyclosorus 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 400 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.
    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

[[Page 66428]]

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, Oahu, 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 To Add to the Listed 
Range

    We previously made warranted-but-precluded findings on five 
petitions seeking to reclassify threatened species to endangered 
status. The taxa involved in the reclassification petitions are three 
populations of the grizzly bear (Ursus arctos horribilis), delta smelt 
(Hypomesus transpacificus), and Sclerocactus brevispinus (Pariette 
cactus). Because these species are already listed under the ESA, they 
are not candidates for listing and are not included in Table 1. 
However, this notice and associated species assessment forms or 5-year 
review documents also constitute the resubmitted petition findings for 
these species. For delta smelt, we have not updated the information 
included in the 12-month finding (published April 7, 2010, at 75 FR 
17667), 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 the three grizzly bear populations, our 
recently completed 5-year review serves as our assessment. For 
Sclerocactus brevispinus, our updated assessment is provided below. We 
find that reclassification to endangered status for the three grizzly 
bear populations, delta smelt, and Sclerocactus brevispinus 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, and Sclerocactus 
brevispinus are currently listed as threatened, and therefore already 
receive certain protections under the ESA. We promulgated regulations 
extending take prohibitions for wildlife and plants under section 9 to 
threatened species (50 CFR 17.31 and 50 CFR 17.71, respectively). 
Prohibited actions under section 9 for wildlife 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 ESA 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)--Between 1986 and 
2007, we have received and reviewed 10 petitions requesting a change in 
status for individual grizzly bear populations (51 FR 16363, May 2, 
1986; 55 FR 32103, August 7, 1990; 56 FR 33892, July 24, 1991; 57 FR 
14372, April 20, 1992; 58 FR 8250, February 12, 1993; 58 FR 38552, July 
19, 1993; 58 FR 43856, August 18, 1993; 58 FR 43857, August 18, 1993; 
59 FR 46611, September 9, 1994; 64 FR 26725, May 17, 1999; 72 FR 14866, 
March 29, 2007). Through this process, we determined the Cabinet-Yaak, 
Selkirk, and North Cascade ecosystems warrant endangered status. On 
April 18, 2007, the Service 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, completed on August 29, 2011, and available 
online at: http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=A001, recommended that the Cabinet-Yaak, 
Selkirk, and North Cascades Ecosystems remain warranted but precluded 
for endangered status.
    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, imminent threats. The

[[Page 66429]]

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.
    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)--Sclerocactus brevispinus 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 recommending an LPN of 2 
for reclassifying this species as endangered, to reflect that: (1) The 
threats are of a high magnitude because any one of the threats has the 
potential to severely affect this species, a narrow endemic with a 
highly limited range and distribution; and (2) threats are ongoing and, 
therefore, are imminent.

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 (Lists). 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 DPSes 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 ESA. 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 10, 2010 at 75 FR 69222) that are no longer proposed species 
or candidates for listing. Since November 10, 2010, we listed nine 
species, emergency listed one species, withdrew a proposed rule for one 
species, and removed three species from candidate status for the reason 
indicated by the code. Also included in this table are three species 
that were not previously candidates or proposed species but we 
emergency listed due to similarity in appearance. 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 because we have withdrawn the proposed 
listing.
    The second column indicates why we no longer regard the species as 
a

[[Page 66430]]

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 ESA's 
definition of ``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 
N.E. 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, 5600 American Blvd. West, Suite 990, Bloomington, MN 55437-
1458 (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 under section 4(b)(7) of 
the ESA 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 of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: October 7, 2011.

Signed:
Gregory E. Siekaniec,
Deputy 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
   Category       Priority                                                                            range
----------------------------------------------------------------------------------------------------------------
                                                     MAMMALS
----------------------------------------------------------------------------------------------------------------
C*...........  2............  R4             Eumops            Molossidae.....  Bat, Florida     U.S.A. (FL).
                                              floridanus.                        bonneted.
C*...........  3............  R1             Emballonura       Emballonuridae.  Bat, Pacific     U.S.A. (GU,
                                              semicaudata                        sheath-tailed    CNMI).
                                              rotensis.                          (Mariana
                                                                                 Islands
                                                                                 subspecies).

[[Page 66431]]

 
C*...........  3............  R1             Emballonura       Emballonuridae.  Bat, Pacific     U.S.A. (AS),
                                              semicaudata                        sheath-tailed    Fiji,
                                              semicaudata.                       (American        Independent
                                                                                 Samoa DPS).      Samoa, Tonga,
                                                                                                  Vanuatu.
C*...........  2............  R5             Sylvilagus        Leporidae......  Cottontail, New  U.S.A. (CT, MA,
                                              transitionalis.                    England.         ME, NH, NY,
                                                                                                  RI, VT).
C*...........  6............  R8             Martes pennanti.  Mustelidae.....  Fisher (west     U.S.A. (CA, CT,
                                                                                 coast DPS).      IA, 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       U.S.A. (AZ, CO,
                                              luteus.                            Mexico meadow    NM).
                                                                                 jumping.
C*...........  3............  R1             Thomomys mazama   Geomyidae......  Pocket gopher,   U.S.A. (WA).
                                              couchi.                            Shelton.
C*...........  3............  R1             Thomomys mazama   Geomyidae......  Pocket gopher,   U.S.A. (WA).
                                              douglasii.                         Brush Prairie.
C*...........  3............  R1             Thomomys mazama   Geomyidae......  Pocket gopher,   U.S.A. (WA).
                                              glacialis.                         Roy 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,   U.S.A. (WA).
                                              tacomensis.                        Tacoma.
C*...........  3............  R1             Thomomys mazama   Geomyidae......  Pocket gopher,   U.S.A. (WA).
                                              tumuli.                            Tenino.
C*...........  3............  R1             Thomomys mazama   Geomyidae......  Pocket gopher,   U.S.A. (WA).
                                              yelmensis.                         Yelm.
C*...........  3............  R6             Cynomys           Sciuridae......  Prairie dog,     U.S.A. (CO,
                                              gunnisoni.                         Gunnison's       NM).
                                                                                 (populations
                                                                                 in central and
                                                                                 south-central
                                                                                 Colorado,
                                                                                 north-central
                                                                                 New Mexico).
C*...........  9............  R1             Spermophilus      Sciuridae......  Squirrel,        U.S.A. (ID).
                                              brunneus                           Southern Idaho
                                              endemicus.                         ground.
C*...........  5............  R1             Spermophilus      Sciuridae......  Squirrel,        U.S.A. (WA,
                                              washingtoni.                       Washington       OR).
                                                                                 ground.
C*...........  9............  R7             Odobenus          Odobenidae.....  Walrus, Pacific  U.S.A. (AK),
                                              rosmarus                                            Canada,
                                              divergens.                                          Russia.
C*...........  6............  R6             Gulo gulo luscus  Mustelidae.....  Wolverine,       U.S.A. (CA, CO,
                                                                                 North American   ID, MT, OR,
                                                                                 (Contiguous      UT, WA, WY).
                                                                                 U.S. DPS).
----------------------------------------------------------------------------------------------------------------
                                                      BIRDS
----------------------------------------------------------------------------------------------------------------
C*...........  3............  R1             Porzana           Rallidae.......  Crake, spotless  U.S.A. (AS),
                                              tabuensis.                         (American        Australia,
                                                                                 Samoa DPS).      Fiji,
                                                                                                  Independent
                                                                                                  Samoa,
                                                                                                  Marquesas,
                                                                                                  Philippines,
                                                                                                  Society
                                                                                                  Islands,
                                                                                                  Tonga.
C*...........  3............  R8             Coccyzus          Cuculidae......  Cuckoo, yellow-  U.S.A. (Lower
                                              americanus.                        billed           48 States),
                                                                                 (Western U.S.    Canada,
                                                                                 DPS).            Mexico,
                                                                                                  Central and
                                                                                                  South America.
C*...........  9............  R1             Gallicolumba      Columbidae.....  Ground-dove,     U.S.A. (AS),
                                              stairi.                            friendly         Independent
                                                                                 (American        Samoa.
                                                                                 Samoa DPS).
C*...........  3............  R1             Eremophila        Alaudidae......  Horned lark,     U.S.A. (OR,
                                              alpestris                          streaked.        WA), Canada
                                              strigata.                                           (BC).
C*...........  3............  R5             Calidris canutus  Scolopacidae...  Knot, red......  U.S.A.
                                              rufa.                                               (Atlantic
                                                                                                  coast),
                                                                                                  Canada, South
                                                                                                  America.

[[Page 66432]]

 
C*...........  8............  R7             Gavia adamsii...  Gaviidae.......  Loon, yellow-    U.S.A. (AK),
                                                                                 billed.          Canada,
                                                                                                  Norway,
                                                                                                  Russia,
                                                                                                  coastal waters
                                                                                                  of southern
                                                                                                  Pacific and
                                                                                                  North Sea.
C*...........  8............  R7             Brachyramphus     Alcidae........  Murrelet,        U.S.A. (AK),
                                              brevirostris.                      Kittlitz's.      Russia.
C*...........  5............  R8             Synthliboramphus  Alcidae........  Murrelet,        U.S.A. (CA),
                                              hypoleucus.                        Xantus's.        Mexico.
C*...........  8............  R6             Anthus spragueii  Motacillidae...  Pipit,           U.S.A. (AL, AR,
                                                                                 Sprauge's.       AZ, CA, GA,
                                                                                                  LA, MA, MI,
                                                                                                  MN, MS, MT,
                                                                                                  ND, OH, OK,
                                                                                                  SC, SD, TX),
                                                                                                  Canada,
                                                                                                  Mexico.
C*...........  2............  R2             Tympanuchus       Phasianidae....  Prairie-         U.S.A. (CO, KA,
                                              pallidicinctus.                    chicken,         NM, OK, TX).
                                                                                 lesser.
C*...........  8............  R6             Centrocercus      Phasianidae....  Sage-grouse,     U.S.A. (AZ, CA,
                                              urophasianus.                      greater.         CO, ID, MT,
                                                                                                  ND, NE, NV,
                                                                                                  OR, SD, UT,
                                                                                                  WA, WY),
                                                                                                  Canada (AB,
                                                                                                  BC, SK).
C*...........  3............  R8             Centrocercus      Phasianidae....  Sage-grouse,     U.S.A. (AZ, CA,
                                              urophasianus.                      greater (Bi-     CO, ID, MT,
                                                                                 State DPS).      ND, NE, NV,
                                                                                                  OR, SD, UT,
                                                                                                  WA, WY),
                                                                                                  Canada (AB,
                                                                                                  BC, SK).
C*...........  6............  R1             Centrocercus      Phasianidae....  Sage-grouse,     U.S.A. (AZ, CA,
                                              urophasianus.                      greater          CO, ID, MT,
                                                                                 (Columbia        ND, NE, NV,
                                                                                 Basin DPS).      OR, SD, UT,
                                                                                                  WA, WY),
                                                                                                  Canada (AB,
                                                                                                  BC, SK).
C*...........  2............  R6             Centrocercus      Phasianidae....  Sage-grouse,     U.S.A. (AZ, CO,
                                              minimus.                           Gunnison.        NM, UT).
C*...........  3............  R1             Oceanodroma       Hydrobatidae...  Storm-petrel,    U.S.A. (HI),
                                              castro.                            band-rumped      Atlantic
                                                                                 (Hawaii DPS).    Ocean, Ecuador
                                                                                                  (Galapagos
                                                                                                  Islands),
                                                                                                  Japan.
C*...........  11...........  R4             Dendroica         Emberizidae....  Warbler, elfin-  U.S.A. (PR).
                                              angelae.                           woods.
----------------------------------------------------------------------------------------------------------------
                                                    REPTILES
----------------------------------------------------------------------------------------------------------------
C*...........  3............  R2             Thamnophis eques  Colubridae.....  Gartersnake,     U.S.A. (AZ, NM,
                                              megalops.                          northern         NV), Mexico.
                                                                                 Mexican.
PE...........  2............  R2             Sceloporus        Iguanidae......  Lizard, sand     U.S.A. (TX,
                                              arenicolus.                        dune.            NM).
C*...........  8............  R3             Sistrurus         Viperidae......  Massasauga (=    U.S.A. (IA, IL,
                                              catenatus.                         rattlesnake),    IN, MI, MN,
                                                                                 eastern.         MO, NY, OH,
                                                                                                  PA, WI),
                                                                                                  Canada.
C*...........  3............  R4             Pituophis         Colubridae.....  Snake, black     U.S.A. (AL, LA,
                                              melanoleucus                       pine.            MS).
                                              lodingi.
C*...........  5............  R4             Pituophis         Colubridae.....  Snake,           U.S.A. (LA,
                                              ruthveni.                          Louisiana pine.  TX).
C*...........  3............  R2             Chionactis        Colubridae.....  Snake, Tucson    U.S.A. (AZ).
                                              occipitalis                        shovel-nosed.
                                              klauberi.
C*...........  6............  R2             Gopherus          Testudinidae...  Tortoise,        U.S.A. (AZ, CA,
                                              agassizii.                         desert           NV, UT).
                                                                                 (Sonoran DPS).
C*...........  8............  R4             Gopherus          Testudinidae...  Tortoise,        U.S.A. (AL, FL,
                                              polyphemus.                        gopher           GA, LA, MS,
                                                                                 (eastern         SC).
                                                                                 population).
C*...........  3............  R2             Kinosternon       Kinosternidae..  Turtle, Sonoyta  U.S.A. (AZ),
                                              sonoriense                         mud.             Mexico.
                                              longifemorale.
----------------------------------------------------------------------------------------------------------------
                                                   AMPHIBIANS
----------------------------------------------------------------------------------------------------------------
C*...........  9............  R8             Rana              Ranidae........  Frog, Columbia   U.S.A. (AK, ID,
                                              luteiventris.                      spotted (Great   MT, NV, OR,
                                                                                 Basin DPS).      UT, WA, WY),
                                                                                                  Canada (BC).
C*...........  3............  R8             Rana muscosa....  Ranidae........  Frog, mountain   U.S.A (CA, NV).
                                                                                 yellow-legged
                                                                                 (Sierra Nevada
                                                                                 DPS).
C*...........  2............  R1             Rana pretiosa...  Ranidae........  Frog, Oregon     U.S.A. (CA, OR,
                                                                                 spotted.         WA), Canada
                                                                                                  (BC).
C*...........  8............  R8             Lithobates onca.  Ranidae........  Frog, relict     U.S.A. (AZ, NV,
                                                                                 leopard.         UT).
PE...........  3............  R3             Cryptobranchus    Crytobranchidae  Hellbender,      U.S.A. (AR,
                                              alleganiensis                      Ozark.           MO).
                                              bishopi.

[[Page 66433]]

 
C*...........  8............  R4             Notophthalmus     Salamandridae..  Newt, striped..  U.S.A. (FL,
                                              perstriatus.                                        GA).
C*...........  2............  R2             Eurycea           Plethodontidae.  Salamander,      U.S.A. (TX).
                                              waterlooensis.                     Austin blind.
C*...........  8............  R4             Gyrinophilus      Plethodontidae.  Salamander,      U.S.A. (TN).
                                              gulolineatus.                      Berry Cave.
C*...........  8............  R2             Eurycea           Plethodontidae.  Salamander,      U.S.A. (TX).
                                              naufragia.                         Georgetown.
C*...........  2............  R2             Plethodon         Plethodontidae.  Salamander,      U.S. A. (NM).
                                              neomexicanus.                      Jemez
                                                                                 Mountains.
C*...........  8............  R2             Eurycea tonkawae  Plethodontidae.  Salamander,      U.S.A. (TX).
                                                                                 Jollyville
                                                                                 Plateau.
C*...........  2............  R2             Eurycea           Plethodontidae.  Salamander,      U.S.A. (TX).
                                              chisholmensis.                     Salado.
C*...........  11...........  R8             Anaxyrus canorus  Bufonidae......  Toad, Yosemite.  U.S.A. (CA).
C............  3............  R2             Hyla wrightorum.  Hylidae........  Treefrog,        U.S.A. (AZ),
                                                                                 Arizona          Mexico
                                                                                 (Huachuca/       (Sonora).
                                                                                 Canelo DPS).
C*...........  8............  R4             Necturus          Proteidae......  Waterdog, black  U.S.A. (AL).
                                              alabamensis.                       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,
                                                                                 (Lower           NM, UT, WY).
                                                                                 Colorado River
                                                                                 Basin DPS).
C*...........  11...........  R6             Etheostoma        Percidae.......  Darter,          U.S.A. (AR, CO,
                                              cragini.                           Arkansas.        KS, MO, OK).
C............  2............  R5             Crystallaria      Percidae.......  Darter, diamond  U.S.A. (KY, OH,
                                              cincotta.                                           TN, WV).
C............  3............  R4             Etheostoma        Percidae.......  Darter,          U.S.A. (KY).
                                              sagitta                            Kentucky arrow.
                                              spilotum.
C*...........  8............  R4             Percina aurora..  Percidae.......  Darter, Pearl..  U.S.A. (LA,
                                                                                                  MS).
C*...........  3............  R6             Thymallus         Salmonidae.....  Grayling,        U.S.A. (AK, MI,
                                              arcticus.                          Arctic (upper    MT, WY),
                                                                                 Missouri River   Canada,
                                                                                 DPS).            northern Asia,
                                                                                                  northern
                                                                                                  Europe.
C*...........  5............  R4             Moxostoma sp....  Catostomidae...  Redhorse,        U.S.A. (GA, NC,
                                                                                 sicklefin.       TN).
C*...........  2............  R3             Cottus sp.......  Cottidae.......  Sculpin, grotto  U.S.A. (MO).
C*...........  5............  R2             Notropis          Cyprinidae.....  Shiner,          U.S.A. (TX).
                                              oxyrhynchus.                       sharpnose.
C*...........  5............  R2             Notropis buccula  Cyprinidae.....  Shiner,          U.S.A. (TX).
                                                                                 smalleye.
C*...........  3............  R2             Catostomus        Catostomidae...  Sucker, Zuni     U.S.A. (AZ,
                                              discobolus                         bluehead.        NM).
                                              yarrowi.
PSAT.........  N/A..........  R1             Salvelinus malma  Salmonidae.....  Trout, Dolly     U.S.A. (AK,
                                                                                 Varden.          WA), Canada,
                                                                                                  East Asia.
C*...........  9............  R2             Oncorhynchus      Salmonidae.....  Trout, Rio       U.S.A. (CO,
                                              clarki                             Grande           NM).
                                              virginalis.                        cutthroat.
----------------------------------------------------------------------------------------------------------------
                                                      CLAMS
----------------------------------------------------------------------------------------------------------------
PE...........  5............  R4             Villosa           Unionidae......  Bean, Choctaw..  U.S.A. (AL,
                                              choctawensis.                                       FL).
PE...........  2............  R3             Villosa fabalis.  Unionidae......  Bean, rayed....  U.S.A. (IL, IN,
                                                                                                  KY, MI, NY,
                                                                                                  OH, TN, PA,
                                                                                                  VA, WV),
                                                                                                  Canada (ON).
PE...........  2............  R4             Fusconaia         Unionidae......  Ebonyshell,      U.S.A. (AL,
                                              rotulata.                          round.           FL).
C*...........  8............  R2             Popenaias popei.  Unionidae......  Hornshell,       U.S.A. (NM,
                                                                                 Texas.           TX), Mexico.
C*...........  2............  R4             Ptychobranchus    Unionidae......  Kidneyshell,     U.S.A. (AL, KY,
                                              subtentum.                         fluted.          TN, VA).
PE...........  2............  R4             Ptychobranchus    Unionidae......  Kidneyshell,     U.S.A. (AL,
                                              jonesi.                            southern.        FL).
C*...........  2............  R4             Lampsilis         Unionidae......  Mucket, Neosho.  U.S.A. (AR, KS,
                                              rafinesqueana.                                      MO, OK).
PE...........  2............  R3             Plethobasus       Unionidae......  Mussel,          U.S.A. (AL, IA,
                                              cyphyus.                           sheepnose.       IL, IN, KY,
                                                                                                  MN, MO, MS,
                                                                                                  OH, PA, TN,
                                                                                                  VA, WI, WV).
PE...........  2............  R4             Margaritifera     Margaritiferida  Pearlshell,      U.S.A. (AL).
                                              marrianae.        e.               Alabama.
C*...........  2............  R4             Lexingtonia       Unionidae......  Pearlymussel,    U.S.A. (AL, KY,
                                              dolabelloides.                     slabside.        TN, VA).
PT...........  5............  R4             Pleurobema        Unionidae......  Pigtoe, fuzzy..  U.S.A. (AL,
                                              strodeanum.                                         FL).
PT...........  5............  R4             Fusconaia         Unionidae......  Pigtoe, narrow.  U.S.A. (AL,
                                              escambia.                                           FL).

[[Page 66434]]

 
PT...........  11...........  R4             Fusconaia         Unionidae......  Pigtoe, tapered  U.S.A. (AL,
                                              (=Quincuncina)                                      FL).
                                              burkei.
C*...........  9............  R4             Quadrula          Unionidae......  Rabbitsfoot....  U.S.A. (AL, AR,
                                              cylindrica                                          GA, IN, IL,
                                              cylindrica.                                         KS, KY, LA,
                                                                                                  MS, MO, OK,
                                                                                                  OH, PA, TN,
                                                                                                  WV).
PE...........  5............  R4             Hamiota           Unionidae......  Sandshell,       U.S.A. (AL,
                                              (=Lampsilis)                       southern.        FL).
                                              australis.
PE...........  .............  R3             Epioblasma        Unionidae......  Snuffbox.......  U.S.A. (IN, MI,
                                              triquetra.                                          NY, OH, PA,
                                                                                                  WV), Canada
                                                                                                  (ON).
PE...........  4............  R3             Cumberlandia      Margaritiferida  Spectaclecase..  U.S.A. (AL, AR,
                                              monodonta.        e.                                IA, IN, IL,
                                                                                                  KS, KY, MO,
                                                                                                  MN, NE, OH,
                                                                                                  TN, VA, WI,
                                                                                                  WV).
PE...........  2............  R4             Elliptio spinosa  Unionidae......  Spinymussel,     U.S.A. (GA).
                                                                                 Altamaha.
----------------------------------------------------------------------------------------------------------------
                                                     SNAILS
----------------------------------------------------------------------------------------------------------------
C*...........  8............  R4             Elimia            Pleuroceridae..  Mudalia, black.  U.S.A. (AL).
                                              melanoides.
C*...........  2............  R4             Planorbella       Planorbidae....  Ramshorn,        U.S.A. (NC).
                                              magnifica.                         magnificent.
C*...........  2............  R1             Ostodes           Potaridae......  Sisi snail.....  U.S.A. (AS).
                                              strigatus.
C*...........  2............  R2             Pseudotryonia     Hydrobiidae....  Snail, Diamond   U.S.A. (TX).
                                              adamantina.                        Y Spring.
C*...........  2............  R1             Samoana fragilis  Partulidae.....  Snail, fragile   U.S.A. (GU,
                                                                                 tree.            MP).
C*...........  2............  R1             Partula           Partulidae.....  Snail, Guam      U.S.A. (GU).
                                              radiolata.                         tree.
C*...........  2............  R1             Partula gibba...  Partulidae.....  Snail, Humped    U.S.A. (GU,
                                                                                 tree.            MP).
C*...........  2............  R1             Partulina         Achatinellidae.  Snail, Lanai     U.S.A. (HI).
                                              semicarinata.                      tree.
C*...........  2............  R1             Partulina         Achatinellidae.  Snail, Lanai     U.S.A. (HI).
                                              variabilis.                        tree.
C*...........  2............  R1             Partula           Partulidae.....  Snail,           U.S.A. (MP).
                                              langfordi.                         Langford's
                                                                                 tree.
C*...........  2............  R2             Cochliopa texana  Hydrobiidae....  Snail, Phantom   U.S.A. (TX).
                                                                                 cave.
C*...........  2............  R1             Newcombia         Achatinellidae.  Snail,           U.S.A. (Hl).
                                              cumingi.                           Newcomb's tree.
C*...........  2............  R1             Eua zebrina.....  Partulidae.....  Snail, Tutuila   U.S.A. (AS).
                                                                                 tree.
PE...........  2............  R2             Pyrgulopsis       Hydrobiidae....  Springsnail,     U.S.A. (NM).
                                              chupaderae.                        Chupadera.
C*...........  11...........  R8             Pyrgulopsis       Hydrobiidae....  Springsnail,     U.S.A. (NV).
                                              notidicola.                        elongate mud
                                                                                 meadows.
C*...........  2............  R2             Tryonia           Hydrobiidae....  Springsnail,     U.S.A. (TX).
                                              circumstriata                      Gonzales.
                                              (=stocktonensis
                                              ).
C*...........  11...........  R2             Pyrgulopsis       Hydrobiidae....  Springsnail,     U.S.A. (AZ),
                                              thompsoni.                         Huachuca.        Mexico.
C*...........  8............  R2             Pyrgulopsis       Hydrobiidae....  Springsnail,     U.S.A. (AZ).
                                              morrisoni.                         Page.
C*...........  2............  R2             Tryonia cheatumi  Hydrobiidae....  Springsnail      U.S.A. (TX).
                                                                                 (=Tryonia),
                                                                                 Phantom.
PE...........  2............  R2             Pyrgulopsis       Hydrobiidae....  Springsnail,     U.S.A. (AZ),
                                              bernardina.                        San Bernardino.  Mexico
                                                                                                  (Sonora).
PE...........  2............  R2             Pyrgulopsis       Hydrobiidae....  Springsnail,     U.S.A. (AZ).
                                              trivialis.                         Three Forks.
C*...........  5............  R2             Sonorella         Helminthoglypti  Talussnail,      U.S.A. (AZ).
                                              rosemontensis.    dae.             Rosemont.
----------------------------------------------------------------------------------------------------------------
                                                     INSECTS
----------------------------------------------------------------------------------------------------------------
C*...........  2............  R1             Hylaeus           Colletidae.....  Bee, Hawaiian    U.S.A. (HI).
                                              anthracinus.                       yellow-faced.
C*...........  2............  R1             Hylaeus           Colletidae.....  Bee, Hawaiian    U.S.A. (HI).
                                              assimulans.                        yellow-faced.
C*...........  2............  R1             Hylaeus facilis.  Colletidae.....  Bee, Hawaiian    U.S.A. (HI).
                                                                                 yellow-faced.
C*...........  2............  R1             Hylaeus hilaris.  Colletidae.....  Bee, Hawaiian    U.S.A. (HI).
                                                                                 yellow-faced.
C*...........  2............  R1             Hylaeus kuakea..  Colletidae.....  Bee, Hawaiian    U.S.A. (HI).
                                                                                 yellow-faced.
C*...........  2............  R1             Hylaeus           Colletidae.....  Bee, Hawaiian    U.S.A. (HI).
                                              longiceps.                         yellow-faced.
C*...........  2............  R1             Hylaeus mana....  Colletidae.....  Bee, Hawaiian    U.S.A. (HI).
                                                                                 yellow-faced.
C*...........  3............  R8             Plebejus shasta   Lycaenidae.....  Blue, Mt.        U.S.A. (NV).
                                              charlestonensis.                   Charleston.
C............  3............  R4             Strymon acis      Lycaenidae.....  Butterfly,       U.S.A. (FL).
                                              bartrami.                          Bartram's
                                                                                 hairstreak.

[[Page 66435]]

 
PSAT.........  .............  R4             Leptotes cassius  Lycaenidae.....  Butterfly,       U.S.A. (FL),
                                              theonus.                           cassius blue.    Bahamas,
                                                                                                  Greater
                                                                                                  Antilles,
                                                                                                  Cayman
                                                                                                  Islands.
PSAT.........  .............  R4             Hemiargus         Lycaenidae.....  Butterfly,       U.S.A. (FL),
                                              ceraunus                           ceraunus blue.   Bahamas.
                                              antibubastus.
C............  3............  R4             Anaea troglodyta  Nymphalidae....  Butterfly,       U.S.A. (FL).
                                              floridalis.                        Florida
                                                                                 leafwing.
C*...........  3............  R1             Hypolimnas        Nymphalidae....  Butterfly,       U.S.A. (GU,
                                              octucula                           Mariana eight-   MP).
                                              mariannensis.                      spot.
C*...........  2............  R1             Vagrans egistina  Nymphalidae....  Butterfly,       U.S.A. (GU,
                                                                                 Mariana          MP).
                                                                                 wandering.
PE...........  3............  R4             Cyclargus         Lycaenidae.....  Butterfly,       U.S.A. (FL),
                                              thomasi                            Miami blue.      Bahamas.
                                              bethunebakeri.
PSAT.........  .............  R4             Cyclargus ammon.  Lycaenidae.....  Butterfly,       U.S.A. (FL),
                                                                                 Nickerbean       Bahamas, Cuba.
                                                                                 blue.
C*...........  2............  R4             Atlantea tulita.  Nymphalidae....  Butterfly,       U.S.A. (PR).
                                                                                 Puerto Rican
                                                                                 harlequin.
C*...........  5............  R4             Glyphopsyche      Limnephilidae..  Caddisfly,       U.S.A. (TN).
                                              sequatchie.                        Sequatchie.
C............  5............  R4             Pseudanophthalmu  Carabidae......  Cave beetle,     U.S.A. (TN).
                                              s insularis.                       Baker Station
                                                                                 (=insular).
C*...........  5............  R4             Pseudanophthalmu  Carabidae......  Cave beetle,     U.S.A. (KY).
                                              s caecus.                          Clifton.
C*...........  11...........  R4             Pseudanophthalmu  Carabidae......  Cave beetle,     U.S.A. (TN).
                                              s colemanensis.                    Coleman.
C............  5............  R4             Pseudanophthalmu  Carabidae......  Cave beetle,     U.S.A. (TN).
                                              s fowlerae.                        Fowler's.
C*...........  5............  R4             Pseudanophthalmu  Carabidae......  Cave beetle,     U.S.A. (KY).
                                              s frigidus.                        icebox.
C............  5............  R4             Pseudanophthalmu  Carabidae......  Cave beetle,     U.S.A. (TN).
                                              s tiresias.                        Indian Grave
                                                                                 Point
                                                                                 (=Soothsayer).
C*...........  5............  R4             Pseudanophthalmu  Carabidae......  Cave beetle,     U.S.A. (TN).
                                              s inquisitor.                      inquirer.
C*...........  5............  R4             Pseudanophthalmu  Carabidae......  Cave beetle,     U.S.A. (KY).
                                              s troglodytes.                     Louisville.
C............  5............  R4             Pseudanophthalmu  Carabidae......  Cave beetle,     U.S.A. (TN).
                                              s paulus.                          Noblett's.
C*...........  5............  R4             Pseudanophthalmu  Carabidae......  Cave beetle,     U.S.A. (KY).
                                              s parvus.                          Tatum.
C*...........  3............  R1             Euphydryas        Nymphalidae....  Checkerspot      U.S.A. (OR,
                                              editha taylori.                    butterfly,       WA), Canada
                                                                                 Taylor's         (BC).
                                                                                 (=Whulge).
C*...........  5............  R8             Hermelycaena      Lycaenidae.....  Copper, Hermes.  U.S.A. (CA).
                                              [Lycaena]
                                              hermes.
PE...........  9............  R1             Megalagrion       Coenagrionidae.  Damselfly,       U.S.A. (HI).
                                              nigrohamatum                       blackline
                                              nigrolineatum.                     Hawaiian.
PE...........  2............  R1             Megalagrion       Coenagrionidae.  Damselfly,       U.S.A. (HI).
                                              leptodemas.                        crimson
                                                                                 Hawaiian.
PE...........  2............  R1             Megalagrion       Coenagrionidae.  Damselfly,       U.S.A. (HI).
                                              oceanicum.                         oceanic
                                                                                 Hawaiian.
C*...........  8............  R1             Megalagrion       Coenagrionidae.  Damselfly,       U.S.A. (HI).
                                              xanthomelas.                       orangeblack
                                                                                 Hawaiian.
C............  5............  R8             Ambrysus          Naucoridae.....  Naucorid bug     U.S.A. (CA).
                                              funebris.                          (=Furnace
                                                                                 Creek),
                                                                                 Nevares Spring.
C*...........  2............  R1             Drosophila        Drosophilidae..  fly, Hawaiian    U.S.A. (HI).
                                              digressa.                          Picture-wing.
C*...........  8............  R2             Heterelmis        Elmidae........  Riffle beetle,   U.S.A. (AZ).
                                              stephani.                          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............  R3             Oarisma           Hesperiidae....  Skipperling,     U.S.A. (IA, IL,
                                              poweshiek.                         Poweshiek.       IN, MI, MN,
                                                                                                  ND, SD, WI),
                                                                                                  Canada (MB).
C*...........  5............  R6             Lednia tumana...  Nemouridae.....  Stonefly,        U.S.A. (MT).
                                                                                 melwater
                                                                                 lednian.
C*...........  2............  R6             Cicindela         Cicindelidae...  Tiger beetle,    U.S.A. (UT).
                                              albissima.                         Coral Pink
                                                                                 Sand Dunes.

[[Page 66436]]

 
C*...........  5............  R4             Cicindela         Cicindelidae...  Tiger beetle,    U.S.A. (FL).
                                              highlandensis.                     highlands.
----------------------------------------------------------------------------------------------------------------
                                                    ARACHNIDS
----------------------------------------------------------------------------------------------------------------
C*...........  8............  R2             Cicurina wartoni  Dictynidae.....  Meshweaver,      U.S.A. (TX).
                                                                                 Warton's cave.
----------------------------------------------------------------------------------------------------------------
                                                   CRUSTACEANS
----------------------------------------------------------------------------------------------------------------
C............  2............  R2             Gammarus          Gammaridae.....  Amphipod,        U.S.A. (TX).
                                              hyalleloides.                      diminutive.
C............  8............  R5             Stygobromus       Crangonyctidae.  Amphipod,        U.S.A. (DC).
                                              kenki.                             Kenk's.
C*...........  5............  R1             Metabetaeus       Alpheidae......  Shrimp,          U.S.A. (HI).
                                              lohena.                            anchialine
                                                                                 pool.
C*...........  5............  R1             Palaemonella      Palaemonidae...  Shrimp,          U.S.A. (HI).
                                              burnsi.                            anchialine
                                                                                 pool.
C*...........  5............  R1             Procaris          Procarididae...  Shrimp,          U.S.A. (HI).
                                              hawaiana.                          anchialine
                                                                                 pool.
C*...........  4............  R1             Vetericaris       Procaridae.....  Shrimp,          U.S.A. (HI).
                                              chaceorum.                         anchialine
                                                                                 pool.
----------------------------------------------------------------------------------------------------------------
                                                FLOWERING PLANTS
----------------------------------------------------------------------------------------------------------------
C*...........  11...........  R8             Abronia alpina..  Nyctaginaceae..  Sand-verbena,    U.S.A. (CA).
                                                                                 Ramshaw
                                                                                 Meadows.
C*...........  8............  R4             Agave eggersiana  Agavaceae......  No common name.  U.S.A. (VI).
C*...........  8............  R4             Arabis georgiana  Brassicaceae...  Rockcress,       U.S.A. (AL,
                                                                                 Georgia.         GA).
PE...........  .............  R8             Arctostaphylos    Ericaceae......  Manzanita,       U.S.A. (CA).
                                              franciscana.                       Franciscan.
C*...........  11...........  R4             Argythamnia       Euphorbiaceae..  Silverbush,      U.S.A. (FL).
                                              blodgettii.                        Blodgett's.
C*...........  3............  R1             Artemisia         Asteraceae.....  Wormwood,        U.S.A. (OR,
                                              borealis var.                      northern.        WA).
                                              wormskioldii.
C*...........  5............  R1             Astragalus        Fabaceae.......  Milkvetch,       U.S.A. (ID, NV,
                                              anserinus.                         Goose Creek.     UT).
C............  3............  R1             Astragalus        Fabaceae.......  Milkvetch,       U.S.A. (ID).
                                              cusickii var.                      Packard's.
                                              packardiae.
C*...........  8............  R6             Astragalus        Fabaceae.......  Milkvetch,       U.S.A. (CO).
                                              microcymbus.                       skiff.
C*...........  8............  R6             Astragalus        Fabaceae.......  Milkvetch,       U.S.A. (CO).
                                              schmolliae.                        Schmoll.
C*...........  11...........  R6             Astragalus        Fabaceae.......  Milkvetch,       U.S.A. (CO).
                                              tortipes.                          Sleeping Ute.
PE...........  2............  R1             Bidens            Asteraceae.....  Ko`oko`olau....  U.S.A. (HI).
                                              amplectens.
C*...........  3............  R1             Bidens            Asteraceae.....  Ko`oko`olau....  U.S.A. (HI).
                                              campylotheca
                                              pentamera.
C*...........  3............  R1             Bidens            Asteraceae.....  Ko`oko`olau....  U.S.A. (HI).
                                              campylotheca
                                              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............  R6             Boechera          Brassicaceae...  Rockcress,       U.S.A. (WY).
                                              (Arabis)                           Fremont County
                                              pusilla.                           or small.
C*...........  8............  R4             Brickellia        Asteraceae.....  Brickell-bush,   U.S.A. (FL).
                                              mosieri.                           Florida.
C*...........  2............  R1             Calamagrostis     Poaceae........  Reedgrass, Maui  U.S.A. (HI).
                                              expansa.
C*...........  2............  R1             Calamagrostis     Poaceae........  Reedgrass,       U.S.A. (HI).
                                              hillebrandii.                      Hillebrand's.
C*...........  5............  R8             Calochortus       Liliaceae......  Mariposa lily,   U.S.A. (CA,
                                              persistens.                        Siskiyou.        OR).
C*...........  2............  R1             Canavalia         Fabaceae.......  `Awikiwiki.....  U.S.A. (HI).
                                              pubescens.
C*...........  8............  R1             Castilleja        Scrophulariacea  Paintbrush,      U.S.A. (ID).
                                              christii.         e.               Christ's.
C*...........  9............  R4             Chamaecrista      Fabaceae.......  Pea, Big Pine    U.S.A. (FL).
                                              lineata var.                       partridge.
                                              keyensis.
C*...........  12...........  R4             Chamaesyce        Euphorbiaceae..  Sandmat,         U.S.A. (FL).
                                              deltoidea                          pineland.
                                              pinetorum.
C*...........  9............  R4             Chamaesyce        Euphorbiaceae..  Spurge, wedge..  U.S.A. (FL).
                                              deltoidea
                                              serpyllum.
C*...........  6............  R8             Chorizanthe       Polygonaceae...  Spineflower,     U.S.A. (CA).
                                              parryi var.                        San Fernando
                                              fernandina.                        Valley.
C*...........  2............  R4             Chromolaena       Asteraceae.....  Thoroughwort,    U.S.A. (FL).
                                              frustrata.                         Cape Sable.
C*...........  8............  R2             Cirsium wrightii  Asteraceae.....  Thistle,         U.S.A. (AZ,
                                                                                 Wright's.        NM), Mexico.
C*...........  2............  R4             Consolea          Cactaceae......  Cactus, Florida  U.S.A. (FL).
                                              corallicola.                       semaphore.
C*...........  5............  R4             Cordia rupicola.  Boraginaceae...  No common name.  U.S.A. (PR),
                                                                                                  Anegada.
C*...........  2............  R1             Cyanea            Campanulaceae..  Haha...........  U.S.A. (HI).
                                              asplenifolia.
PE...........  2............  R1             Cyanea calycina.  Campanulaceae..  Haha...........  U.S.A. (HI).
C*...........  2............  R1             Cyanea kunthiana  Campanulaceae..  Haha...........  U.S.A. (HI).
PE...........  2............  R1             Cyanea            Campanulaceae..  Haha...........  U.S.A. (HI).
                                              lanceolata.

[[Page 66437]]

 
C*...........  2............  R1             Cyanea obtusa...  Campanulaceae..  Haha...........  U.S.A. (HI).
PE...........  .............  R1             Cyanea            Campanulaceae..  Haha...........  U.S.A. (HI).
                                              purpurellifolia.
C*...........  2............  R1             Cyanea            Campanulaceae..  `Aku...........  U.S.A. (HI).
                                              tritomantha.
C*...........  2............  R1             Cyrtandra         Gesneriaceae...  Ha`iwale.......  U.S.A. (HI).
                                              filipes.
PE...........  .............  R1             Cyrtandra         Gesneriaceae...  Ha`iwale.......  U.S.A. (HI).
                                              gracilis.
PE...........  2............  R1             Cyrtandra         Gesneriaceae...  Ha`iwale.......  U.S.A. (HI).
                                              kaulantha.
C*...........  2............  R1             Cyrtandra         Gesneriaceae...  Ha`iwale.......  U.S.A. (HI).
                                              oxybapha.
PE...........  2............  R1             Cyrtandra         Gesneriaceae...  Ha`iwale.......  U.S.A. (HI).
                                              sessilis.
PE...........  .............  R1             Cyrtandra         Gesneriaceae...  Ha`iwale.......  U.S.A. (HI).
                                              waiolani.
C*...........  3............  R4             Dalea             Fabaceae.......  Prairie-clover,  U.S.A. (FL).
                                              carthagenensis                     Florida.
                                              var. floridana.
C*...........  5............  R5             Dichanthelium     Poaceae........  Panic grass,     U.S.A. (DE, GA,
                                              hirstii.                           Hirst            NC, NJ).
                                                                                 Brothers'.
C*...........  5............  R4             Digitaria         Poaceae........  Crabgrass,       U.S.A. (FL).
                                              pauciflora.                        Florida
                                                                                 pineland.
C*...........  3............  R2             Echinomastus      Cactaceae......  Cactus, Acuna..  U.S.A. (AZ),
                                              erectocentrus                                       Mexico.
                                              var. acunensis.
C*...........  8............  R2             Erigeron          Asteraceae.....  Fleabane,        U.S.A. (AZ).
                                              lemmonii.                          Lemmon.
C*...........  2............  R1             Eriogonum codium  Polygonaceae...  Buckwheat,       U.S.A. (WA).
                                                                                 Umtanum Desert.
C*...........  6............  R8             Eriogonum         Polygonaceae...  Buckwheat, Las   U.S.A. (NV).
                                              corymbosum var.                    Vegas.
                                              nilesii.
C............  5............  R8             Eriogonum         Polygonaceae...  Buckwheat,       U.S.A (NV).
                                              diatomaceum.                       Churchill
                                                                                 Narrows.
C*...........  5............  R8             Eriogonum         Polygonaceae...  Buckwheat, Red   U.S.A. (CA).
                                              kelloggii.                         Mountain.
C*...........  8............  R6             Eriogonum         Polygonaceae...  Buckwheat,       U.S.A. (UT).
                                              soredium.                          Frisco.
C*...........  2............  R1             Festuca           Poaceae........  No common name.  U.S.A. (HI).
                                              hawaiiensis.
C*...........  11...........  R2             Festuca ligulata  Poaceae........  Fescue,          U.S.A. (TX),
                                                                                 Guadalupe.       Mexico.
C*...........  2............  R1             Gardenia remyi..  Rubiaceae......  Nanu...........  U.S.A. (HI).
C*...........  8............  R1             Geranium          Geraniaceae....  Nohoanu........  U.S.A. (HI).
                                              hanaense.
C*...........  8............  R1             Geranium          Geraniaceae....  Nohoanu........  U.S.A. (HI).
                                              hillebrandii.
C*...........  5............  R4             Gonocalyx         Ericaceae......  No common name.  U.S.A. (PR).
                                              concolor.
C............  2............  R4             Harrisia          Cactaceae......  Pricklyapple,    U.S.A. (FL).
                                              aboriginum.                        aboriginal
                                                                                 (shellmound
                                                                                 applecactus).
C*...........  5............  R8             Hazardia          Asteraceae.....  Orcutt's         U.S.A. (CA),
                                              orcuttii.                          hazardia.        Mexico.
C*...........  2............  R1             Hedyotis          Rubiaceae......  Kampua`a.......  U.S.A. (HI).
                                              fluviatilis.
C*...........  8............  R4             Helianthus        Asteraceae.....  Sunflower,       U.S.A. (AL, GA,
                                              verticillatus.                     whorled.         TN).
C*...........  2............  R2             Hibiscus          Malvaceae......  Rose-mallow,     U.S.A. (TX).
                                              dasycalyx.                         Neches River.
C*...........  5............  R8             Ivesia webberi..  Rosaceae.......  Ivesia, Webber.  U.S.A. (CA,
                                                                                                  NV).
C*...........  3............  R1             Joinvillea        Joinvilleaceae.  `Ohe...........  U.S.A. (HI).
                                              ascendens
                                              ascendens.
PE...........  2............  R1             Korthalsella      Viscaceae......  Hulumoa........  U.S.A. (HI).
                                              degeneri.
C*...........  5............  R4             Leavenworthia     Brassicaceae...  Gladecress,      U.S.A. (AL).
                                              crassa.                            unnamed.
C............  3............  R4             Leavenworthia     Brassicaceae...  Gladecress,      U.S.A. (KY).
                                              exigua var.                        Kentucky.
                                              laciniata.
C*...........  2............  R2             Leavenworthia     Brassicaceae...  Gladecress,      U.S.A. (TX).
                                              texana.                            Texas golden.
C*...........  8............  R6             Lepidium ostleri  Brassicaceae...  Peppergrass,     U.S.A. (UT).
                                                                                 Ostler's.
C*...........  5............  R4             Linum arenicola.  Linaceae.......  Flax, sand.....  U.S.A. (FL).
C*...........  3............  R4             Linum carteri     Linaceae.......  Flax, Carter's   U.S.A. (FL).
                                              var. carteri.                      small-flowered.
PE...........  2............  R1             Melicope          Rutaceae.......  Alani..........  U.S.A. (HI).
                                              christopherseni
                                              i.
PE...........  2............  R1             Melicope hiiakae  Rutaceae.......  Alani..........  U.S.A. (HI).
PE...........  2............  R1             Melicope makahae  Rutaceae.......  Alani..........  U.S.A. (HI).
C............  3............  R8             Mimulus           Phrymaceae.....  Monkeyflower,    U.S.A. (CA).
                                              fremontii var.                     Vandenberg.
                                              vandenbergensis.
C*...........  2............  R1             Myrsine           Myrsinaceae....  Kolea..........  U.S.A. (HI).
                                              fosbergii.
C*...........  2............  R1             Myrsine           Myrsinaceae....  Kolea..........  U.S.A. (HI).
                                              vaccinioides.
C*...........  8............  R5             Narthecium        Liliaceae......  Asphodel, bog..  U.S.A. (DE, NC,
                                              americanum.                                         NJ, NY, SC).
C*...........  2............  R1             Nothocestrum      Solanaceae.....  `Aiea..........  U.S.A. (HI).
                                              latifolium.
C*...........  2............  R1             Ochrosia          Apocynaceae....  Holei..........  U.S.A. (HI).
                                              haleakalae.

[[Page 66438]]

 
C*...........  3............  R2             Pediocactus       Cactaceae......  Cactus,          U.S.A. (AZ).
                                              peeblesianus                       Fickeisen
                                              var.                               plains.
                                              fickeiseniae.
PT...........  2............  R6             Penstemon         Scrophulariacea  Beardtongue,     U.S.A. (CO,
                                              grahamii.         e.               Graham's.        UT).
C*...........  9............  R6             Penstemon         Scrophulariacea  Beardtongue,     U.S.A. (CO,
                                              scariosus var.    e.               White River.     UT).
                                              albifluvis.
C*...........  2............  R1             Peperomia         Piperaceae.....  `Ala `ala wai    U.S.A. (HI).
                                              subpetiolata.                      nui.
C............  5............  R8             Phacelia          Hydrophyllaceae  Phacelia,        U.S.A. (CA),
                                              stellaris.                         Brand's.         Mexico.
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          Brassicaceae...  Bladderpod,      U.S.A. (WA).
                                              douglasii                          White Bluffs.
                                              tuplashensis.
C*...........  8............  R4             Physaria globosa  Brassicaceae...  Bladderpod,      U.S.A. (IN, KY,
                                                                                 Short's.         TN).
C*...........  2............  R6             Pinus albicaulis  Pinaceae.......  Pine, whitebark  U.S.A. (CA, ID,
                                                                                                  MT, NV, OR,
                                                                                                  WA, WY),
                                                                                                  Canada (AB,
                                                                                                  BC).
C*...........  8............  R4             Platanthera       Orchidaceae....  Orchid, white    U.S.A. (AL, GA,
                                              integrilabia.                      fringeless.      KY, MS, NC,
                                                                                                  SC, TN, VA).
PE...........  3............  R1             Platydesma        Rutaceae.......  No common name.  U.S.A. (HI).
                                              cornuta var.
                                              cornuta.
PE...........  3............  R1             Platydesma        Rutaceae.......  No common name.  U.S.A. (HI).
                                              cornuta var.
                                              decurrens.
C*...........  2............  R1             Platydesma remyi  Rutaceae.......  No common name.  U.S.A. (HI).
C............  2............  R1             Pleomele          Agavaceae......  Hala pepe......  U.S.A. (HI).
                                              fernaldii.
PE...........  2............  R1             Pleomele          Agavaceae......  Hala pepe......  U.S.A. (HI).
                                              forbesii.
C*...........  11...........  R8             Potentilla        Rosaceae.......  Cinquefoil,      U.S.A. (NV).
                                              basaltica.                         Soldier Meadow.
C*...........  3............  R1             Pseudognaphalium  Asteraceae.....  `Ena`ena.......  U.S.A. (HI).
                                              (=Gnaphalium)
                                              sandwicensium
                                              var.
                                              molokaiense.
PE...........  3............  R1             Psychotria        Rubiaceae......  Kopiko.........  U.S.A. (HI).
                                              hexandra
                                              oahuensis.
PE...........  2............  R1             Pteralyxia        Apocynaceae....  Kaulu..........  U.S.A. (HI).
                                              macrocarpa.
C*...........  2............  R1             Ranunculus        Ranunculaceae..  Makou..........  U.S.A. (HI).
                                              hawaiensis.
C*...........  2............  R1             Ranunculus        Ranunculaceae..  Makou..........  U.S.A. (HI).
                                              mauiensis.
C*...........  8............  R8             Rorippa           Brassicaceae...  Cress, Tahoe     U.S.A. (CA,
                                              subumbellata.                      yellow.          NV).
C*...........  2............  R1             Schiedea          Caryophyllaceae  Ma`oli`oli.....  U.S.A. (HI).
                                              pubescens.
C*...........  2............  R1             Schiedea          Caryophyllaceae  No common name.  U.S.A. (HI).
                                              salicaria.
C*...........  5............  R8             Sedum             Crassulaceae...  Stonecrop, Red   U.S.A. (CA).
                                              eastwoodiae.                       Mountain.
C*...........  2............  R1             Sicyos            Cucurbitaceae..  `Anunu.........  U.S.A. (HI).
                                              macrophyllus.
C............  12...........  R4             Sideroxylon       Sapotaceae.....  Bully,           U.S.A. (FL).
                                              reclinatum                         Everglades.
                                              austrofloridens
                                              e.
C*...........  2............  R4             Solanum           Solanaceae.....  Bacora, marron.  U.S.A. (PR).
                                              conocarpum.
C*...........  8............  R1             Solanum nelsonii  Solanaceae.....  Popolo.........  U.S.A. (HI).
C*...........  8............  R4             Solidago plumosa  Asteraceae.....  Goldenrod,       U.S.A. (NC).
                                                                                 Yadkin River.
C*...........  2............  R2             Sphaeralcea       Malvaceae......  Mallow,          U.S.A. (AZ,
                                              gierischii.                        Gierisch.        UT).
C*...........  2............  R1             Stenogyne         Lamiaceae......  No common name.  U.S.A. (HI).
                                              cranwelliae.
C............  8............  R2             Streptanthus      Brassicaceae...  Twistflower,     U.S.A. (TX).
                                              bracteatus.                        bracted.
C*...........  8............  R4             Symphyotrichum    Asteraceae.....  Aster, Georgia.  U.S.A. (AL, FL,
                                              georgianum.                                         GA, NC, SC).
PE...........  .............  R1             Tetraplasandra    Araliaceae.....  No common name.  U.S.A. (HI).
                                              lydgatei.
C*...........  8............  R6             Trifolium         Fabaceae.......  Clover, Frisco.  U.S.A. (UT).
                                              friscanum.
PE...........  2............  R1             Zanthoxylum       Rutaceae.......  A`e............  U.S.A. (HI).
                                              oahuense.
----------------------------------------------------------------------------------------------------------------
                                                FERNS AND ALLIES
----------------------------------------------------------------------------------------------------------------
C*...........  8............  R1             Cyclosorus        Thelypteridacea  No common name.  U.S.A. (HI).
                                              boydiae.          e.
PE...........  2............  R1             Doryopteris       Pteridaceae....  No common name.  U.S.A. (HI).
                                              takeuchii.
C*...........  2............  R1             Huperzia (=       Lycopodiaceae..  Wawae`iole.....  U.S.A. (HI).
                                              Phlegmariurus)
                                              stemmermanniae.
C*...........  3............  R1             Microlepia        Dennstaedtiacea  Palapalai......  U.S.A. (HI).
                                              strigosa var.     e.
                                              mauiensis (=
                                              Microlepia
                                              mauiensis).
C............  3............  R4             Trichomanes       Hymenophyllacea  Florida bristle  U.S.A. (FL)
                                              punctatum         e.               fern.
                                              floridanum.
----------------------------------------------------------------------------------------------------------------


[[Page 66439]]


                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
     Code          Expl.                                                                              range
----------------------------------------------------------------------------------------------------------------
                                                      BIRDS
----------------------------------------------------------------------------------------------------------------
Rp...........  A............  R6...........  Charadrius        Charadriidae...  Plover,          U.S.A. (AZ, CA,
                                              montanus.                          mountain.        CO, KS, MT,
                                                                                                  ND, NE, NM,
                                                                                                  NV, OK, SD,
                                                                                                  TX, UT, WY),
                                                                                                  Canada (AB,
                                                                                                  SK), Mexico.
----------------------------------------------------------------------------------------------------------------
                                                      FISH
----------------------------------------------------------------------------------------------------------------
E............  L............  R4...........  Phoxinus saylori  Cyprinidae.....  Dace, laurel...  U.S.A. (TN).
E............  L............  R4...........  Etheostoma        Percidae.......  Darter,          U.S.A. (KY,
                                              susanae.                           Cumberland.      TN).
E............  L............  R4...........  Etheostoma        Percidae.......  Darter, rush...  U.S.A. (AL).
                                              phytophilum.
E............  L............  R4...........  Etheostoma        Percidae.......  Darter,          U.S.A (AR).
                                              moorei.                            yellowcheek.
E............  L............  R4...........  Noturus           Ictaluridae....  Madtom, chucky.  U.S.A. (TN).
                                              crypticus.
----------------------------------------------------------------------------------------------------------------
                                                     SNAILS
----------------------------------------------------------------------------------------------------------------
Rc...........  A............  R2...........  Pyrgulopsis       Hydrobiidae....  Springsnail,     U.S.A. (NM).
                                              gilae.                             Gila.
Rc...........  A............  R2...........  Pyrgulopsis       Hydrobiidae....  Springsnail,     U.S.A. (NM).
                                              thermalis.                         New Mexico.
----------------------------------------------------------------------------------------------------------------
                                                     INSECTS
----------------------------------------------------------------------------------------------------------------
T(S/A).......  L............  R4...........  Leptotes cassius  Lycaenidae.....  Butterfly,       U.S.A. (FL),
                                              theonus.                           cassius blue.    Bahamas,
                                                                                                  Greater
                                                                                                  Antilles,
                                                                                                  Cayman
                                                                                                  Islands.
T(S/A).......  L............  R4...........  Hemiargus         Lycaenidae.....  Butterfly,       U.S.A. (FL),
                                              ceraunus                           ceraunus blue.   Bahamas.
                                              antibubastus.
E............  L \1\........  R4...........  Cyclargus         Lycaenidae.....  Butterfly,       U.S.A. (FL),
                                              thomasi                            Miami blue.      Bahamas.
                                              bethunebakeri.
T(S/A).......  L............  R4...........  Cyclargus ammon.  Lycaenidae.....  Butterfly,       U.S.A. (FL),
                                                                                 Nickerbean       Bahamas, Cuba.
                                                                                 blue.
Rc...........  A............  R1...........  Nysius            Lygaeidae......  Bug, Wekiu.....  U.S.A. (HI).
                                              wekiuicola.
E............  L............  R8...........  Dinacoma caseyi.  Scarabidae.....  June beetle,     U.S.A. (CA).
                                                                                 Casey's.
----------------------------------------------------------------------------------------------------------------
                                                FLOWERING PLANTS
----------------------------------------------------------------------------------------------------------------
E............  L............  R6...........  Ipomopsis         Polemoniaceae..  Skyrocket,       U.S.A. (CO)
                                              polyantha.                         Pagosa.
T............  L............  R6...........  Penstemon         Scrophulariacea  Beardtongue,     U.S.A. (CO)
                                              debilis.          e.               Parachute.
T............  L............  R6...........  Phacelia          Hydrophyllaceae  Phacelia,        U.S.A. (CO)
                                              submutica.                         DeBeque.
----------------------------------------------------------------------------------------------------------------
\1\ Emergency.

[FR Doc. 2011-27122 Filed 10-25-11; 8:45 am]
BILLING CODE P