[Federal Register Volume 72, Number 234 (Thursday, December 6, 2007)]
[Proposed Rules]
[Pages 69033-69106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23416]



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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



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

Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

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

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 remove species 
from candidate status. Additional material that we relied on is 
available in the Species Assessment and Listing Priority Assignment 
Forms (species assessment forms, previously called candidate forms) for 
each candidate species.
    Overall, this CNOR recognizes 5 new candidates, changes the LPN for 
29 candidates, and removes 4 species from candidate status. Combined 
with other decisions for individual species that were published 
separately from this CNOR, the new number of species that are 
candidates for listing is 280.
    We request additional status information that may be available for 
the 280 candidate species identified in this CNOR. We will consider 
this information in preparing listing documents and future revisions to 
the notice of review, as it will help us in monitoring changes in the 
status of candidate species and in management for conserving them. We 
also request information on additional species that we should consider 
including as candidates as we prepare future updates of this notice.
    This document also includes our findings on resubmitted petitions 
and describes our progress in revising the Lists of Endangered and 
Threatened Wildlife and Plants during the period September 26, 2006, 
through September 30, 2007.

DATES: We will accept comments on the most recent Candidate Notice of 
Review at any time.

ADDRESSES: Submit your comments regarding a particular species to the 
Regional Director of the Region identified in SUPPLEMENTARY INFORMATION 
as having the lead responsibility for that species. You may mail or fax 
comments of a more general nature to the Chief, Division of 
Conservation and Classification, U.S. Fish and Wildlife Service, 4401 
N. Fairfax Drive, Room 420, Arlington, VA 22203 (facsimile 703/358-
2171). Written comments and materials we receive in response to this 
notice will be available for public inspection by appointment at the 
Division of Conservation and Classification (for comments of a general 
nature only) or at the appropriate Regional Office listed in 
SUPPLEMENTARY INFORMATION.
    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 
Division of Conservation and Classification, Arlington, Virginia (see 
address above), or on our Internet Web site (http://endangered.fws.gov/candidates/index.html).

FOR FURTHER INFORMATION CONTACT: The Endangered Species Coordinator(s) 
in the appropriate Regional Office(s) or Chris Nolin, Chief, Division 
of Conservation and Classification (telephone 703-358-2171; facsimile 
703-358-1735). Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 800-877-
8339.

SUPPLEMENTARY INFORMATION: 

Candidate Notice of Review

Background

    The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
seq.) (Act), requires that we identify species of wildlife and plants 
that are endangered or threatened, based on the best available 
scientific and commercial information. As defined in section 3 of the 
Act, an endangered species is any species which is in danger of 
extinction throughout all or a significant portion of its range, and a 
threatened species is any species which is likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range. Through the Federal rulemaking 
process, we add species that meet these definitions to the List of 
Endangered and Threatened Wildlife at 50 CFR 17.11 or the List of 
Endangered and Threatened Plants at 50 CFR 17.12. As part of this 
program, we maintain a list of species that we regard as candidates for 
listing. A candidate species is one for which we have on file 
sufficient information on biological vulnerability and threats to 
support a proposal to list as endangered or threatened, but for which 
preparation and publication of a proposal is precluded by higher-
priority listing actions.
    We 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 solicit input from interested parties to help us 
identify those candidate species that may not require protection under 
the Act or additional species that may require the Act's protections; 
and to solicit 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 in SUPPLEMENTARY INFORMATION or visit our 
Internet Web site, http://endangered.fws.gov/candidates/index.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 
September 12, 2006 (71 FR 53755). CNORs published since 1994 are 
available on our Internet Web site, http://www.fws.gov/endangered/candidates/index.html. For copies of CNORs published prior to 1994, 
please contact the Division of

[[Page 69035]]

Conservation and Classification (see ADDRESSES section above).
    On September 21, 1983, we published guidance for assigning an LPN 
for each candidate species (48 FR 43098). Using this guidance, we 
assign each candidate an LPN of 1 to 12, depending on the magnitude of 
threats, imminence 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). Such a priority ranking 
guidance system is required under section 4(h)(3) of the Act (15 U.S.C. 
1533(h)(3)). 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 guidance 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. When 
evaluating the magnitude of the threat(s) facing the species, we 
consider information such as: the number of populations and/or extent 
of range of the species affected by the threat(s); the biological 
significance of the affected population(s), taking into consideration 
the life history characteristics of the species and its current 
abundance and distribution; whether the threats affect the species in 
only a portion of its range, and if so the likelihood of persistence of 
the species in the unaffected portions; and whether the effects are 
likely to be permanent.
    As used in our priority ranking system, immediacy of threat is 
categorized as either ``imminent'' or ``nonimminent'' and is not a 
measure of how quickly the species is likely to become extinct if the 
threats are not addressed; rather, immediacy is based on when the 
threats will begin. If a threat is currently occurring or likely to 
occur in the very near future, we classify the threat as imminent. 
Determining the immediacy of threats helps ensure that species facing 
actual, identifiable threats are given priority for listing proposals 
over those for which threats are only potential or species 
intrinsically vulnerable to certain types of threats but 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 
a genus that has more than one species); and subspecies, distinct 
population segments of vertebrate species, and species for which 
listing is appropriate in a significant portion of their range.
    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 
(e.g., if the species is the only member of a genus, it would be 
assigned to the LPN 1 category, a full species to LPN 2, and a 
subspecies, DPS, or significant portion of the range 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 guidance is available on our Web site at: http://www.fws.gov/endangered/policy/index.html. For more information on the 
LPN assigned to a particular species, the species assessment for each 
candidate contains the LPN chart and a detailed explanation of the 
rationale for the determination of the magnitude and imminence 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 CNOR on September 12, 2006 (71 FR 53756), 
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, we have worked on numerous findings in response to petitions 
to list species, and on proposed and final determinations for rules to 
list species under the Act; some of these findings and determinations 
have been completed and published in the Federal Register, while work 
on others is still under way. See the discussions of Preclusion and 
Expeditious Progress, below, for details.)
    Based on our review of the best available scientific and commercial 
information, with this CNOR we identify 5 new candidate species (see 
New Candidates, below), change the LPN for 28 candidates (see Listing 
Priority Changes in Candidates, below) and determine that listing 
proposals are not warranted for 4 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 280 species 
(including 139 plant and 141 animal species) are now candidates 
awaiting preparation of rules proposing their listing. These 280 
species, along with the 2 species currently proposed for listing, are 
included in Table 1. (Note, regarding the two species currently 
proposed for listing, we proposed one since the last CNOR and we 
proposed the other prior to the last CNOR.)
    Table 2 includes 8 species identified in the previous CNOR as 
either proposed for listing or classified as candidates that are no 
longer in those categories. This includes four species for which we 
published separate findings that listing is not warranted, plus the 
four species that we have determined do not warrant preparation of a 
rule to propose listing and therefore have removed from candidate 
status in this CNOR.

New Candidates

    Below we present brief summaries of five new candidates that we are 
recognizing in this CNOR, including one species of mammal, one 
amphibian, one fish, one snail, and one plant. 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 Internet Web site (http://endangered.fws.gov/candidates/index.html). For each of these five 
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., these 
meet our definition of a candidate species). We also note below that 
one other species, Casey's June beetle (an insect), was identified as a 
candidate

[[Page 69036]]

earlier this year in a separate finding published in the Federal 
Register.

Mammals

    New Mexico meadow jumping mouse (Zapus hudsonius luteus)--The 
following summary is based on information contained in our files. 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, and recreation. Surveys conducted in 2005 and 2006 
documented a drastic decline in the number of occupied localities and 
suitable habitat across the range of the species in New Mexico and 
Arizona. Of the original 98 known historical localities, there are now 
only 10 known extant localities in New Mexico, 1 in Arizona, and an 
additional 8 localities that have not been surveyed since the early to 
mid 1990s. 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 paucity of secure populations, and the destruction, 
modification, or curtailment of its habitat, poses the most immediate 
threats to this species. Because the threats affect the jumping mouse 
in all but two of the extant localities, the threats are of a high 
magnitude. These threats are currently occurring and, therefore, are 
imminent. Thus, we assigned an LPN of 3 to this subspecies.

Amphibians

    Arizona treefrog, Huachuca/Canelo Distinct Population Segment (DPS) 
(Hyla wrightorum)--The following summary is based on information in our 
files. The population is known from three general localities at Rancho 
Los Fresnos, northern Sonora, Mexico, and 13-15 verified localities and 
one unverified locality in the Huachuca Mountains and Canelo Hills of 
Arizona. The population is both discrete and significant in accordance 
with our February 7, 1996, DPS policy (61 FR 4721). Evidence exists 
that the DPS persists in an ecological setting that is unique for the 
taxon, that loss of the population segment would result in a 
significant gap in the range of the taxon, and that the population 
segment differs markedly from other populations of the species in its 
genetic characteristics. The population is discrete from the Mogollon 
Rim population of Arizona and New Mexico based on a physical separation 
of 130 miles, and from the Sierra Madre Occidental population in Sonora 
and Chihuahua, Mexico by 145 miles.
    The most significant threats to the existence of the Huachuca/
Canelo population of the Arizona treefrog are, in order of importance, 
habitat loss or degradation and direct mortality due to catastrophic 
fire; loss of populations due to drought or floods, which may be 
exacerbated by climatic extremes; predation by introduced species; and 
habitat degradation caused by livestock grazing, off-highway vehicles, 
and environmental contamination. The effects of these threats are 
exacerbated by small population sizes and low genetic diversity, as the 
Huachuca/Canelo Hills population has less than 20 known localities, 
each with observed breeding populations of 2-30 individuals. Taken 
together, these threats are of high magnitude, particularly in Arizona. 
The threats are also imminent or ongoing, particularly the threat of 
catastrophic wildfire; there have been several recent catastrophic 
fires in the Huachuca Mountains. Therefore, we have assigned an LPN of 
3 to this population.

Fish

    Laurel dace (Phoxinus saylori)--The laurel dace is a rare minnow 
known only from three independent systems on the Walden Ridge section 
of the Cumberland Plateau, including Soddy Creek, Sale Creek, and Piney 
River. The primary threats to the laurel dace stem from impacts to 
riparian and instream habitat resulting from incompatible land uses. 
The riparian habitats associated with some streams occupied by laurel 
dace have been affected by extensive timber removal activities on 
Walden Ridge in their vicinity; these activities often do not employ 
adequate streamside management zones or best management practices for 
road construction. Proposed projects, including installation of a water 
line that would cross occupied streams and construction of an 
impoundment on a tributary to an occupied stream, present additional 
direct and indirect threats to laurel dace habitat in the headwaters of 
Sale and Soddy creeks. We believe that the threat of habitat 
degradation from siltation across the range of laurel dace and the 
localized threats facing populations in Sale and Soddy creeks combined 
with vulnerable status of the populations in Soddy and Sale creeks 
constitute threats collectively of high magnitude, but are nonimminent. 
Therefore, we assigned the laurel dace an LPN of 5.

Snails

    San Bernardino springsnail (Pyrgulopsis bernardina)--This species 
is endemic to one natural spring, Snail Spring, on private lands, and 
one artificial spring, Tule Spring, on National Wildlife Refuge lands, 
in the Rio Yaqui basin of Cochise County, Arizona. The species was 
formerly known from six to eight springs. Known threats include water 
diversion, spring modification, and contaminants, while suspected 
threats include livestock grazing and groundwater depletion. The San 
Bernardino National Wildlife Refuge is actively managing Tule Spring 
and is attempting to acquire the property containing Snail Spring. 
However, the Refuge cannot address the potential threat from 
groundwater depletion without assistance from local stakeholders. The 
magnitude of threats is high because the limited distribution of this 
narrow endemic makes any catastrophic event likely to result in 
extinction of the species. The threats are ongoing and therefore 
imminent. Thus, we have assigned an LPN of 2 for the San Bernardino 
springsnail.

Insects

    Casey's June beetle (Dinacoma caseyi)--We previously announced 
candidate status for this species in a separate warranted but precluded 
12-month petition finding published on July 5, 2007 (72 FR 36635).

Plants

    Eriogonum corymbosum var. nilesii (Las Vegas buckwheat)--The 
following information is based on information contained in our files. 
The Las Vegas buckwheat 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. The 
Las Vegas buckwheat is very conspicuous when flowering in late 
September and early October. It is restricted to gypsum soil 
outcroppings in Clark and Lincoln Counties, Nevada. Only recently has 
the taxonomy of the subspecies been confirmed using molecular genetic 
analyses.
    Loss of habitat from development is a significant threat with over 
95 percent of the historic range and potential habitat of the 
subspecies lost to development. In 2005, the Las Vegas

[[Page 69037]]

buckwheat was known from nine locations on approximately 1,149 acres. 
However, since that time, approximately 289 acres were or soon will be 
developed, and the current distribution of the plant occupies 892 
acres. In addition, OHV activity and other public land uses (casual 
public use, mining, and dumping) directly and indirectly threaten over 
half of the remaining habitat. To date, regulatory mechanisms to 
protect the Las Vegas buckwheat are inadequate. Its designation as a 
BLM special status species and limited resource and law enforcement 
personnel has not provided adequate protection on lands managed by the 
BLM. The Las Vegas buckwheat is not protected by the State of Nevada or 
any other regulatory mechanisms on other federal lands. We have 
determined that candidate status is warranted for the Las Vegas 
buckwheat as a result of threats to the remaining 892 acres of Las 
Vegas buckwheat. Conservation measures are being developed that could 
reduce the amount of occupied habitat at risk, but we believe it would 
be premature to consider these measures sufficiently complete as to 
remove these threats. The magnitude of threats is high since the more 
significant threats (development and surface mining) would result in 
direct mortality of the plants in over half of its' habitat. While both 
development and mining are very likely to occur in the future, they are 
not expected to happen in the immediate future, and thus, the threats 
are nonimminent. Accordingly, we assigned the Las Vegas buckwheat an 
LPN of 6.

Listing Priority Changes in Candidates

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

Birds

    Friendly ground-dove, American Samoa DPS (Gallicolumba stairi 
stairi)--The following summary is based on information contained in our 
files. 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. All six species have some level of 
threatened status on the International Union for Conservation of Nature 
and Natural Resources (IUCN) Red List. Some authors recognize two 
subspecies of the friendly ground-dove, one, slightly smaller, in the 
Samoan archipelago (G. s. stairi), and one in Tonga and Fiji (G. s. 
vitiensis), but morphological differences between the two are minimal.
    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. Of the primary threats to the 
subspecies (predation by nonnative species and natural catastrophes 
such as hurricanes), predation by nonnative species is thought to be 
occurring now, and predation 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, in the Pacific and other 
locations worldwide. Nonnative predators known or thought to occur in 
the range of the friendly ground-dove in American Samoa are feral cats 
(Felis catus), Polynesian rats (Rattus exulans), black rats (R. 
rattus), and Norway rats (R. norvegicus).
    In January 2004 and February of 2005, hurricanes virtually 
destroyed the habitat of G. stairi in an 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 
effect of anthropogenic disturbance on small populations. Consistent 
monitoring using a variety of methods over the last 5 years yielded few 
observations 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 past five years or so of surveys have revealed no change in 
the relative abundance of this taxon in American Samoa. 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. We revised the LPN 
from a 6 to a 9 to better reflect the fact that the threats posed to 
the friendly ground-dove (its small population size and nonnative 
predators), while imminent and occurring throughout its range, are 
believed to be of a moderate magnitude rather than a high magnitude.
    Kittlitz's Murrelet (Brachyramphus brevirostris)--Kittlitz's 
murrelet is a small diving seabird whose entire North American 
population, and most of the world's population, inhabits Alaskan 
coastal waters discontinuously from Point Lay south to northern 
portions of Southeast Alaska. Kittlitz's murrelets are associated with 
tidewater glaciers. The current population estimate for Kittlitz's 
murrelets in Alaska is approximately 16,700 birds, a decline of 74 to 
84 percent during the past 10 to 20 years. New survey information 
supports and strengthens the negative population trend estimates that 
have been previously reported.
    Threats to Kittlitz's murrelets include large-scale processes such 
as global climate change and marine climate regime shift. These large-
scale processes may influence Kittlitz's murrelet survival and 
reproduction. Glacial retreat, a global phenomenon that affects many of 
the glaciers with which Kittlitz's murrelets are associated, is 
associated with changing forage fish availability and may result in 
increased predation from corvids (retreat of glaciers allows corvids 
easier access to murrelets on which they prey). Even if the causes of 
rapid climate warming were curbed today, feedback mechanisms would 
result in the continued retreat of tidewater glaciers into the 
foreseeable future. In addition, the declining population trend makes 
this species particularly susceptible to ongoing threats from other 
human activities, including oil spills, bycatch in commercial gillnet 
fisheries, and disturbance by tour boats. Kittlitz's murrelets are 
believed to have been seriously affected by the Exxon Valdez oil spill 
in Prince William Sound (PWS) in 1989. Estimates of direct mortality of 
Kittlitz's murrelets from this oil spill constituted a loss of 7 to15 
percent of the PWS population. Catastrophic events such as oil spills 
could have a significant negative effect on the population of this 
already diminished species. Susceptibility to mortality as bycatch in 
commercial fishing could be a significant factor in their population 
decline; Kittlitz's murrelets are caught in gill nets in numbers 
disproportionate to their density. In PWS, salmon gillnet fisheries 
occur each summer in or near Kittlitz's murrelet habitat. Kittlitz's 
murrelets represented 5 percent and 30 percent of murrelet bycatch in 
gillnets during 1990 and 1991, respectively. Tour boat visitation to 
glacial fjords is a growing industry, and this activity may 
increasingly disrupt Kittlitz's murrelet feeding behavior; tour boats

[[Page 69038]]

may provide artificial perch sites for avian predators. The number of 
cruise ships allowed into Glacier Bay has increased 30 percent since 
1985, while smaller charter boats and private boats have increased 8 
percent and 15 percent, respectively. An increase in tour boat 
operations has been noted in Kenai Fjords National Park as well. 
Disturbance can disrupt feeding birds and persistent boat traffic may 
prevent murrelets from using high quality foraging areas.
    Based on the observed population trajectory and the severity of 
present threats (rapid glacial retreat, acute and chronic oil spills, 
commercial gillnet fishing, and human disturbance from tour boats), the 
threats to this species are high in magnitude and imminent. We changed 
the LPN from a 5 to a 2 to reflect that the threats to this species are 
ongoing.
    Xantus's murrelet (Synthliboramphus hypoleucus)--The Xantus's 
murrelet is a small seabird in the Alcid family that occurs along the 
west coast of North America in the United States and Mexico. The 
species has a limited breeding distribution, only nesting on the 
Channel Islands in southern California and on islands off the west 
coast of Baja California, Mexico. Although data on population trends 
are scarce, the population is suspected to have declined greatly over 
the last century, mainly due to introduced predators such as rats 
(Rattus sp.) and feral cats (Felis catus) to nesting islands, with 
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 
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, there are also plans to remove rats from San 
Miguel Island, and to restore nesting habitat on Santa Barbara Island 
through the Montrose Settlements Restoration Project, which may benefit 
the Xantus's murrelet population at those islands.
    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 and barn owls 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. 
Squid fishing has not occurred at a particularly noticeable level near 
any of the colonies in the Channel Islands since 1999; however, this 
remains a potential future threat.
    A proposal to build a liquid natural gas (LNG) facility 600 meters 
(1,969 feet) off the Coronados Islands in Baja California, Mexico, was 
considered a potential major threat to the species. This island 
contains one of the largest nesting populations of Xantus's murrelets 
in the world. Potential impacts of this facility to the nesting colony 
included bright lights at night from the facility and visiting tanker 
vessels, noise from the facility or from helicopters visiting the 
facility, and the threat of oil spills associated with visiting tanker 
vessels. However, Chevron announced in March 2007 that they have 
abandoned plans to develop this facility and withdrew their permits. 
LNG facilities are proposed for construction in the Channel Islands; 
however, these are early in the complex and long-term planning 
processes; it is possible that none of these facilities will be built. 
In addition, none of them are directly adjacent to nesting colonies, 
where their impacts would be expected to be more significant.
    We considered the LNG facility off the Coronados Islands to be an 
imminent threat of high magnitude, which resulted in the previous 
listing priority of a 2. While this proposed LNG facility no longer 
poses a threat, the remaining threats, in particular oil spills, are 
high in magnitude since they have the potential to cause direct 
mortality and reduce reproductive success throughout a majority of the 
species' range. The threats are nonimminent since they are not 
currently occurring. Therefore, we have changed the LPN from a 2 to a 
5.

Reptiles

    Louisiana pine snake (Pituophis ruthveni)--The Louisiana pine snake 
(LPS) historically occurred in fire-maintained longleaf-pine ecosystems 
of west-central Louisiana and extreme east-central Texas. Those 
ecosystems provided an herbaceous layer necessary to maintain the 
Louisiana pine snake's primary prey, the Baird's pocket gopher. Current 
potentially occupied habitat in Louisiana and Texas is estimated to be 
approximately 300,000 acres, with 70 percent occurring on public lands 
and 30 percent in private ownership. Results of trapping and radio-
telemetry surveys suggest that extensive population declines and local 
extirpations have occurred during the last 50 to 80 years. To address 
those issues on public lands, a Candidate Conservation Agreement (CCA) 
was completed in 2003 to maintain and enhance potentially occupied 
habitat, and protect known Louisiana-pine-snake populations. Much of 
the public land is now being managed on longer rotations (i.e., 70+ 
years) where silvicultural prescriptions include smaller clearcuts, 
midstory removal, thinning, and prescribed fire. Private lands 
generally are not managed to support the longleaf-pine ecosystem and 
its characteristic herbaceous layer; however, several private 
landowners with known Louisiana-pine-snake populations continue to be 
involved in conservation efforts with reported conservation of more 
than 2,000 acres in 2006.
    Within both the public and private sectors, interest in longleaf-
pine restoration appears to be growing and with the appropriate 
emphasis could slow or reverse habitat loss trends. To address this and 
other issues, the LPS Conservation Group is expanding conservation 
efforts through the development of a Comprehensive Conservation Plan 
that would build upon the CCA success. Other factors affecting 
Louisiana pine snakes throughout its range include low fecundity, which 
magnifies other threats and increases the likelihood of local 
extinctions, and vehicular mortality, which can significantly affect 
Louisiana-pine-snake population and community

[[Page 69039]]

structure. While the magnitude of Louisiana-pine-snake habitat loss has 
been great in the past and the remaining habitat is degraded, habitat 
loss does not represent an imminent threat, because the rate of habitat 
loss is declining. Additionally, pro-active partnerships to address key 
management concerns and research needs are resulting in some additional 
long-leaf pine habitat that is suitable for the Louisiana pine snake or 
its prey species. However, while conservation actions have produced 
needed results, they have not yet adequately reduced threats to the 
species, particularly on private land. The lack of adequate habitat 
still poses a threat and when coupled with the very low fecundity rate 
and extremely low population size (based on capture rates and 
population estimates) make the threat high in magnitude. Overall, due 
to nonimminent, high-magnitude threats, we changed the LPN from an 8 to 
a 5 for this species.

Amphibians

    Columbia spotted frog, Great Basin DPS (Rana luteiventris)--
Currently, Columbia spotted frogs appear to be widely distributed 
throughout southwestern Idaho, eastern Oregon, and northeastern and 
central Nevada, but local populations within these general areas appear 
to be small and isolated from each other. Recent work by researchers in 
Idaho and Nevada has documented 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 habitat, 
including water development, improper grazing, mining activities and 
non-native species, have and continue to contribute to the degradation 
and fragmentation of habitat. Emerging fungal diseases, such as 
chytridiomycosis, and the spread of parasites are contributing factors 
to Columbia-spotted-frog population declines throughout portions of its 
range. Effects of climate change such as drought and stochastic 
(randomly occurring) 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 historic range and to maintain, enhance, and restore a 
sufficient number of populations of Columbia spotted frogs and their 
associated 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. Because these conservation agreements have 
reduced the magnitude of the imminent threats from high to moderate, we 
changed the LPN from a 3 to a 9 for this DPS of the Columbia spotted 
frog.
    Black Warrior waterdog (Necturus alabamensis)--The Black Warrior 
waterdog is a salamander that inhabits streams above the Fall Line 
within the Black Warrior River Basin in Alabama. There is very little 
specific locality information available on the historical distribution 
of the Black Warrior waterdog since little attention was given to this 
species between its description in 1937 and the 1980s. At that time, 
there were a total of only 11 known historical records from 4 Alabama 
counties. Two of these sites have now been inundated by impoundments. 
Extensive survey work was conducted in the 1990s to look for additional 
populations. Currently, the species is known from 14 sites in 5 
counties.
    Water-quality degradation is the biggest threat to the continued 
existence of the Black Warrior waterdog. Most streams that have been 
surveyed for the waterdog showed evidence of pollution and many 
appeared biologically depauperate. Sources of point and nonpoint 
pollution in the Black Warrior River Basin have been numerous and 
widespread. Pollution is generated from inadequately treated effluent 
from industrial plants, sanitary landfills, sewage treatment plants, 
poultry operations, and cattle feedlots. Surface mining represents 
another threat to the biological integrity of waterdog habitat. Runoff 
from old, abandoned coal mines generates pollution through 
acidification, increased mineralization, and sediment loading. The 
North River, Locust Fork, and Mulberry Fork, all streams that this 
species inhabits, are on the Environmental Protection Agency's list of 
impaired waters. An additional threat to the Black Warrior waterdog is 
the creation of large impoundments that have flooded thousands of 
square hectares (acres) of its habitat. These impoundments are likely 
marginal or unsuitable habitat for the salamander. While the water-
quality threat is pervasive and problematic, the overall magnitude of 
the threat is moderate as there has not been a steep rate of decline in 
this species population. Water quality degradation in the Black Warrior 
basin is ongoing; therefore, the threats are imminent. We changed the 
LPN from a 2 to an 8 for this species since the threats are of a 
moderate rather than high magnitude.

Clams

    Fluted kidneyshell (Ptychobranchus subtentum)--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 and 
the species remains in large numbers and is clearly viable in just the 
Clinch River/Copper Creek, although smaller, viable populations remain 
(e.g., Wolf, Little, North Fork Holston Rivers; Rock Creek). Most other 
populations are of questionable or limited viability, with some on the 
verge of extirpation (e.g., Powell River; Little South Fork; Horse 
Lick, Buck, Indian Creeks). Newly reintroduced populations in the 
Nolichucky and Duck Rivers will hopefully begin to reverse the downward 
population trend of this species. The threats are high in magnitude 
since all populations of this species are severely affected by numerous 
threats (impoundments, sedimentation, small population size,

[[Page 69040]]

isolation of populations, gravel mining, municipal pollutants, 
agricultural run-off, nutrient enrichment, and coal processing 
pollution) which results in mortality and/or reduced reproductive 
output. Since the threats are ongoing, they are imminent. Therefore, to 
help ensure consistency in the application of our listing priority 
process, we changed the LPN from a 5 to a 2 to reflect that the threats 
are imminent and high in magnitude.

Snails

    Black mudalia (Elimia melanoides)--The black mudalia is a small 
species of aquatic snail found clinging to clean gravel, cobble, 
boulders and/or logs in flowing water on shoals and riffles. The 
historical habitat of the black mudalia included much of the upper 
Black Warrior River drainage above the Fall Line at Tuscaloosa, 
Alabama. The species has been extirpated from more than 80 percent of 
that range through the construction of dams and impoundments, 
sedimentation, and non-point source pollution from land surface runoff. 
Populations that may have avoided impoundment apparently disappeared 
due to historical pollution events and/or natural catastrophic events. 
However, after being considered extinct for two decades, the black 
mudalia was rediscovered in a small portion of its historical range in 
the Black Warrior drainage. Discovery of surviving populations in 
shoals of five streams in the upper Black Warrior River and high 
densities reported at Blackburn Fork reduce the magnitude of the 
threats from high to moderate. However, all known populations are 
currently affected by point and/or non-point source pollution; human 
land uses, including cattle grazing, row crops, timber, chicken farms, 
and home construction are currently causing sedimentation and 
eutrophication (reduction of oxygen in the water) of black mudalia 
habitats. Thus, based on ongoing threats that we now consider to be 
moderate in magnitude, we changed the LPN from 2 to 8 for the black 
mudalia.
    Huachuca springsnail (Pyrgulopsis thompsoni)--The following summary 
is based on information from our files. No new information was provided 
in the petition received on May 11, 2004. The Huachuca springsnail 
inhabits 13 springs and ci[eacute]negas at elevations of 4,500 to 7,200 
feet in southeastern Arizona (11 sites) and adjacent portions of 
Sonora, Mexico (2 sites). The springsnail is typically found in the 
shallower areas of springs or cienegas, often in rocky seeps at the 
spring source. Ongoing threats include habitat modification, wildfire, 
cattle grazing, and groundwater pumping. Prior communication with 
personnel from Fort Huachuca indicated they were in the process of 
evaluating the status of this species on Department of Defense lands 
and developing conservation strategies; this may result in a reduction 
or elimination of threats in the future. Because we determined that the 
proportion of the range subjected to various threats is smaller than we 
previously determined, the threats are moderate in magnitude. In 
addition, although there is no actual change in threats over the past 
year, modification of the spring habitat, wildfire, cattle grazing, and 
groundwater pumping are ongoing or imminent threats. Therefore, to help 
ensure consistency in the application of our listing priority process, 
we changed the LPN from a 5 to an 8 to reflect that the threats are 
imminent but are moderate in magnitude.
    Page springsnail (Pyrgulopsis morrisoni)--The following summary is 
based on information from our files. No new information was provided in 
the petition received on May 11, 2004. The Page springsnail is known to 
exist only within a complex of springs located within an approximately 
1.5-kilometer (0.93-mile) stretch along the west side of Oak Creek 
around the community of Page Springs, Yavapai County, Arizona. Many of 
the springs where the springsnail occurs have been subjected to some 
level of modification for domestic, agricultural, ranching, fish 
hatchery, and recreational activities. Arizona Game and Fish Department 
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 Arizona Game and Fish Department and the Service have made 
significant progress on development of a candidate conservation 
agreement, but the effectiveness of planned and implemented actions has 
not been demonstrated. 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. The magnitude of 
threats is considered high because limited distribution of this narrow 
endemic makes any detrimental effects from threats likely to result in 
extirpation or extinction. The immediacy of the threat of groundwater 
withdrawal is uncertain due to conflicting information that suggests it 
may be either imminent or not. However, overall, the threats are 
imminent because the majority of them are currently occurring. Although 
there is no actual change in threats over the past year, modification 
of the spring habitat for this species is an ongoing or imminent 
threat. Therefore, to help ensure consistency in the application of our 
listing priority process, we changed the LPN from a 5 to a 2 to reflect 
that the threats are imminent.

Insects

    Dakota skipper (Hesperia dacotae)--The following summary is based 
on information contained in our files, including information from the 
petition we received on May 12, 2003. The Dakota skipper is a small- to 
mid-sized butterfly that inhabits high-quality tallgrass and mixed 
grass prairie in Minnesota, North Dakota, South Dakota, and the 
provinces of Manitoba and Saskatchewan in Canada. The species is 
presumed to be extirpated from Iowa and Illinois and from many sites 
within occupied States.
    The species is threatened by conversion of its native prairie 
habitat for agricultural purposes, overgrazing, invasive species, 
gravel mining, inbreeding, population isolation, and, in some cases, 
prescribed fire. 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. We, other agencies, 
and private organizations (e.g., The Nature Conservancy) protect and 
manage some Dakota skipper sites. Although proper management is always 
necessary to ensure its persistence, even at protected sites, it is 
secure at some sites owned by these entities. The species is also 
secure at some sites where private landowners manage native prairie in 
ways that conserve Dakota skipper. Recent surveys in at least parts of 
the species' range have led us to revise our view of the imminence of 
threats to Dakota skipper. In January 2007, for example, Minnesota 
Department of Natural Resources proposed revising the status of Dakota 
skipper in the state from threatened to endangered because it ``appears 
to be rapidly disappearing from remnant habitat.'' In addition, 
approximately half of the inhabited sites are privately owned with 
little or no protection. Ongoing threats on these sites include 
invasive species, overgrazing, and herbicide applications. A few 
private sites are protected from conversion by easements, but these do 
not prevent adverse effects from overgrazing. The threats are such that 
the species warrants listing; the threats are moderate in magnitude 
and, based on

[[Page 69041]]

the above new information, are imminent. Therefore, we changed the 
listing priority number from an 11 to an 8 for the Dakota skipper to 
reflect the increase in immediacy of threats to remnant habitat, 
particularly on private lands.
    Coral Pink Sand Dunes tiger beetle (Cicindela albissima)--The Coral 
Pink Sand Dunes tiger beetle occurs only at the Coral Pink Sand Dunes, 
approximately 7 miles west of Kanab, Kane County, in south-central 
Utah. It is restricted to a small part of the dune field, situated at 
an elevation of about 1,820 m (6,000 ft). The beetle's habitat is being 
adversely affected by ongoing recreational off-road vehicle use that is 
destroying and degrading the beetle's habitat, especially the 
interdunal swales used by the larvae. The continued survival of the 
beetle depends on the preservation of its habitat. The two agencies 
that manage the dune field, the Utah Department of Parks and Recreation 
and the Bureau of Land Management, have restricted recreational off-
road vehicle use in some areas, which reduces impacts. However, the 
protected areas may not be of sufficient size to enable the population 
to increase in size. The beetle's population is also vulnerable to 
overcollecting by professional and hobby tiger-beetle collectors. 
Because the taxon was recently elevated to a full species based on 
genetic research, we changed the listing priority from a 9 to an 8. The 
imminence and magnitude of the threats remain the same (imminent and 
moderate to low magnitude).
    Stephan's riffle beetle (Heterelmis stephani)--The following 
summary is based on information from our files. No new information was 
provided in the petition we 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 Bog Spring and Sylvester Spring in Madera Canyon, 
within the Coronado National Forest. These springs are typical 
isolated, mid-elevation, permanently saturated, spring-fed aquatic 
climax communities commonly referred to as ci[eacute]negas. Threats are 
largely from habitat modification (from recreational activities in the 
springs and changes in water chemistry due to catastrophic natural 
disasters such as fires or floods); we consider them to be of moderate 
to low magnitude due to the lack of focused studies to evaluate the 
permanence of threats or the likelihood of persistence of the species 
in areas that are unaffected. Furthermore, because the threats are 
currently occurring, they are best characterized as imminent. Due to 
moderate to low magnitude of imminent threats, we changed the LPN from 
a 5 to an 8 for Stephan's riffle beetle.

Crustaceans

    Typhlatya monae (troglobitic groundwater shrimp)--Typhlatya monae 
is a subterranean small shrimp known from Puerto Rico, Barbuda, and 
Dominican Republic. It is classified as a troglobite, or obligatory 
cave organism, of which its most extraordinary feature is the reduction 
or loss of vision and pigmentation. It feeds on organic waste material 
and debris, such as bat guano.
    Little is known concerning the status of Typhlatya monae in either 
Barbuda or Dominican Republic. Although in Puerto Rico this species was 
previously found at Mona Island, currently Typhlatya monae is known 
from only three caves within the Gu[aacute]nica Commonwealth Forest in 
the municipalities of Gu[aacute]nica, Yauco, and Guayanilla. However, 
the species may still be found in the reef deposit aquifers in Mona 
Island that have not yet been surveyed. In 1995, close to 2,000 
individuals were estimated; over 95 percent of these were observed in 
only one cave. Although no systematic censuses have been conducted 
since 1995, we have recently documented the presence of the species in 
all three caves and obtained information regarding another cave in 
which the species may occur from Puerto Rico Commonwealth Forest 
personnel.
    Changes in groundwater quality, collection of rare animals, 
predation, limited distribution of the species, limited availability of 
appropriate habitat (i.e., underground aquifers within cave 
formations), potential reduction of food sources (e.g., mortality or 
reduction in bat populations), and low population numbers potentially 
threaten populations of Typhlatya monae. However, because the known 
range of Typhlatya monae is within protected lands, and because we have 
received new information of known management activities within the 
Gu[aacute]nica Commonwealth Forest or Mona Island (activities are 
managed such that some of the threats to this species no longer exist; 
e.g. the caves are closed to visitors), we now consider the magnitude 
of the remaining threats (possible extraction of ground-water in Mona 
and vulnerability to catastrophic events) moderate to low. Therefore, 
we changed the LPN from a 5 to an 11 for this species.

Flowering plants

    Abronia alpina (Ramshaw Meadows sand-verbena)--Abronia alpina is a 
small perennial herb, 2.5 to 15.2 centimeters (1 to 6 inches) across 
which forms compact mats with lavender-pink, trumpet-shaped, and 
generally fragment flowers. Abronia alpina is known from one main 
population center in Ramshaw Meadow on the Kern Plateau of the Sierra 
Nevada, California, and from one subpopulation found in adjacent 
Templeton Meadow. The total estimated area occupied is approximately 6 
hectares (15 acres). The population fluctuates from year to year 
without any clear trends. Population estimates from 1985-1994 range 
from a low of 69,652 plants in 1986 to 132,215 plants in 1987. Surveys 
conducted since 1994 indicate that no significant changes have occurred 
in population size or location, although, the 2003 survey showed 
population numbers to be at the low end of the range. The population 
was last monitored in 2006.
    The threats currently facing Abronia alpina include natural and 
human habitat alteration, hydrologic changes to the water table, and 
recreational use within meadow habitats. Lodgepole pine encroachment 
has altered the meadow and becoming established within A. alpina 
habitat. Lodgepole pine encroachment may alter soil characteristics by 
increasing organic matter levels, decreasing porosity, and moderating 
diurnal temperature fluctuations thus reducing the competitive ability 
of A. alpina to persist in an environment more hospitable to other 
plant species. The Ramshaw Meadow ecosystem is subject to potential 
alteration by lowering of the water table due to downcutting of the 
South Fork of the Kern River (SFKR). The SFKR flows through Ramshaw 
Meadow, at times coming within 15 m (50 ft) of A. alpina habitat, 
particularly in the vicinity of five subpopulations. The habitat 
occupied by A. alpina directly borders the meadow system supported by 
the SFKR. Drying out of the meadow system could potentially affect A. 
alpina pollinators and/or seed dispersal agents. Established hiker, 
packstock, and cattle trails pass through A. alpina subpopulations. Two 
main hiker trails pass through Ramshaw Meadow, but were rerouted out of 
A. alpina subpopulations where feasible, in 1988 and 1997. Remnants of 
cattle trails that pass through subpopulations in several places 
receive occasional incidental use by horses and sometimes hikers. 
Cattle use, however, currently, is not a threat due to the 2001 
implementation of a ten-year

[[Page 69042]]

moratorium on the Templeton allotment which prohibits cattle from all 
A. alpina locations. In 2007, the U.S. Forest Service in cooperation 
with the Service drafted a Conservation Agreement for A. alpina that 
would provide protective measures via increased management of 
recreation in the area, habitat management, and research on A. alpina. 
Approval and finalization of this Agreement is anticipated in Fiscal 
Year 2008. The Service is funding studies to determine appropriate 
conservation measures. As a result of rerouting hiking trails, 
curtailing grazing, and development of a Conservation Agreement between 
the U.S. Forest Service and the Service the threats facing Abronia 
alpina have been reduced. Because the population is stable and the 
threats have been reduced, we changed the LPN for A. alpina from an 8 
to an 11, reflecting nonimminent threats that are moderate to low in 
magnitude.
    Bidens campylotheca ssp. waihoiensis (Kookoolau)--Kookoolau is an 
erect, perennial found in wet Acacia-Metrosideros (koa-ohia) forest on 
Maui, Hawaii. Bidens campylotheca ssp. waihoiensis is known from 1 and 
possibly 2 populations, 1 of 200 individuals, and the second of 
possibly as many as 300 individuals. It is threatened by feral pigs and 
cattle, which eat this plant and degrade and destroy habitat, and by 
nonnative plants that outcompete and displace it. Conservation measures 
such as strategic fences and control of nonnative plants benefit the 
plants in Kipahulu Valley; however, the individuals in Waihoi Valley 
are still affected by these threats. Therefore, to reflect the fact 
that the threats are ongoing, we have changed the LPN for this species 
from a 6 to a 3.
    Chamaecrista lineata var. keyensis (Big Pine partridge pea)--This 
pea is endemic to the lower Florida Keys, and restricted to pine 
rocklands, hardwood hammock edges, and roadsides and firebreaks within 
these ecosystems. Historically, it was known from Big Pine, No Name, 
Ramrod, and Cudjoe Keys (Monroe County, Florida). It presently occurs 
on Big Pine, plus two very small populations found on Cudjoe and lower 
Sugarloaf Keys in 2005. It is fairly well distributed in Big Pine Key 
pine rocklands, which encompass approximately 580 hectares (1,433 
acres). Roughly 90 percent of its current range is within the Service's 
National Key Deer Refuge. In late 2005, it occurred within 37.2 percent 
of 541 plots sampled throughout the publicly owned pine rocklands on 
Big Pine Key. Frequency of occurrence was twice as great and density 
over 3 times greater in the less fragmented, more fire-prone northern 
portion of Big Pine Key than the southern part. Pine rockland 
communities are maintained by relatively frequent fires. In the absence 
of fire, shrubs and trees encroach on pine rockland and the pea is 
eventually shaded out. The National Key Deer Refuge (NKDR) has a 
prescribed fire program, though with many constraints on implementing 
fire. Absence of fire is the greatest of the short-term and 
deterministic threats.
    Hurricanes are also a threat. Hurricane Wilma (October 2005) 
resulted in a storm surge that covered most of Big Pine Key with sea 
water. In plots sampled after Wilma, frequency of occurrence decreased 
to less than a third and density decreased to less than half that found 
in plots sampled before Wilma.
    The magnitude of threats to the Big Pine partridge pea is moderate. 
Partridge pea has a very limited distribution that is somewhat 
fragmented and fire limitation, salt water storm surges (direct 
mortality, as well as slash pine mortality, associated with 
hurricanes), and pollinator limitation, constitute significant threats. 
Additionally, threats from storm surges associated with hurricanes are 
exacerbated by sea level rise. Big Pine partridge pea exists as one 
relatively large population (possibly fragmented into a metapopulation) 
on Big Pine Key and two very small, isolated populations on two other 
keys. However, population size is on the order of several hundred 
thousand, and the majority occurs on the NKDR. Over the long run, 
partridge pea receives protective measures only on NKDR and the 
Terrestris Preserve. The immediacy of threats is imminent as the 
probability of intense hurricanes has increased in recent years, and 
increasingly sea levels have exacerbated the threat. Additionally, 
storm surges have complicated efforts to conduct prescribed fires. If 
the frequency of prescribed fire does not increase, the imminence of 
threats due to fire suppression will continue to increase. Because the 
threats are moderate rather than high in magnitude due to some 
protection from threats provided by the NKDR and Terrestris Preserve, 
we changed the LPN from a 6 to a 9 for the Big Pine partridge pea.
    Chamaesyce deltoidea ssp. serpyllum (Wedge spurge)--New survey 
results were obtained in March 2006. Wedge spurge is a small, prostrate 
herb. It has always been restricted to Big Pine Key in Monroe County, 
Florida. Most of the range falls within the National Key Deer Refuge. 
It is restricted to pinelands on limestone rock (pine rockland), at 
sites with exposed rock or gravel, low understory cover, and low 
hardwood density. Pine rocklands encompass approximately 580 hectares 
(1,433 acres) on Big Pine Key. It is not widely dispersed within the 
limited range. In late 2005, it occurred within 7.4 percent of 541 
plots sampled throughout the publicly owned pine rocklands on Big Pine 
Key. Hurricane Wilma (October 2005) resulted in a storm surge that 
covered most of Big Pine Key with sea-water. Before and after Wilma, it 
occurred in 9.3 of 332 sample plots and 4.3 percent of 209 sample 
plots, respectively, and density decreased significantly within plots. 
Occupied plots had become restricted to the higher, middle portion of 
Big Pine Key. In the absence of fire, shrubs and trees encroach on pine 
rockland and spurge is eventually shaded out.
    The magnitude of threats to the wedge spurge is moderate. Wedge 
spurge has a narrow distribution composed of few occurrences, and 
threats result from lack of fire, hurricanes, sea level rise, and 
invasive exotic plants. Additionally, threats from storm surges 
associated with hurricanes are exacerbated by sea-level rise. Wedge 
spurge exists essentially as a single (fragmented) population on Big 
Pine Key, which over the long run is protected only on NKDR and the 
Terrestris Preserve. However, population size is on the order of 
several hundred thousand, and the majority occurs on the NKDR. The 
National Key Deer Refuge has a prescribed fire program, though with 
many constraints on implementing fire.
    The threats to the wedge spurge are imminent. The best available 
information indicates that this plant is intrinsically vulnerable to 
extinction because it is a narrow endemic. Moreover, the threats of 
hurricanes and shading due to lack of fire are ongoing. However, 
because the threats are moderate rather than high in magnitude due to 
some protection from threats provided by the NKDR and Terrestris 
Preserve, we changed the LPN from a 6 to a 9 for the wedge spurge.
    Cordia rupicola (no common name)--Cordia rupicola, a small shrub, 
has been described from southwestern Puerto Rico (Pe[ntilde]uelas and 
Gu[aacute]nica), Vieques Island, and Anegada Island (British Virgin 
Islands). Cordia rupicola is restricted to subtropical dry forest life 
zone overlying a limestone substrate. At present time, less than 20 
individuals of C. rupicola are currently known from four sites in 
Puerto Rico; only a few individuals are located in protected lands 
managed for conservation by the

[[Page 69043]]

Puerto Rico Department of Natural and Environmental Resources or the 
Service. The area that contains 83 percent of the known population is 
located in a privately-owned property and is threatened by habitat 
destruction or modification. While the population on Anegada Island is 
currently stable, this population is threatened by potential 
residential and commercial development. Both populations are also 
vulnerable to natural (e.g., hurricanes) or manmade (e.g., human-
induced fires) threats. All sites are located in a xeric environment 
vulnerable to human-induced fires which could destroy entire 
populations. For these reasons, the magnitude of the current threats is 
high. While hurricanes and fire do occur, the rate of occurrence is 
such that they do not pose an imminent threat. The threats this species 
faces are ones that will arise in the future if conservation measures 
are not implemented and long-term impacts are not averted. For these 
reasons, the threats to the species as a whole are nonimminent, and 
therefore, we changed the LPN from a 2 to a 5 for this species.
    Dalea carthagenensis floridana (Florida prairie-clover)--Dalea 
carthagenensis floridana occurs in Big Cypress National Preserve in 
Monroe and Collier Counties, Florida. It is also known from small 
populations in Miami-Dade County. There are a total of nine extant 
occurrences, most of which are on conservation land. Existing 
occurrences are extremely small and may not be viable, especially those 
in Miami-Dade County. Remaining habitats are fragmented. This plant is 
threatened by habitat loss and habitat degradation due to fire 
suppression, the difficulty of applying prescribed fire to pine 
rocklands, and threats from exotic plants. Damage to plants by off-road 
vehicles is a serious threat within the Big Cypress National Preserve; 
the threat from illegal mountain biking at the R. Hardy Matheson 
Preserve has been reduced. This species is being parasitized by the 
introduced insect lobate lac scale 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. After a thorough review of the species status and 
threats, the magnitude of threats is high and threats are imminent 
because of the limited number of occurrences and the small number of 
individual plants at each occurrence. In addition, even though many 
sites are on conservation lands, these plants still face significant 
ongoing threats. Therefore, we have changed the LPN from 9 to 3 for 
this subspecies.
    Echinomastus erectocentrus var. acunensis (Acuna cactus)--The 
following summary is based on information contained in our files and 
the petition we received on October 30, 2002. The Acuna cactus is known 
from six sites on well-drained gravel ridges and knolls on granite 
soils in Sonoran Desert scrub association at 1300-2000 feet elevation.
    Habitat destruction has been a threat in the past and is a 
potential future threat to this species. New roads and illegal 
activities have not yet directly affected the cactus populations at 
Organ Pipe Cactus National Monument, but areas in close proximity to 
these known populations have been altered. Cactus populations located 
in the Florence area have not been monitored, and these populations may 
be in danger of habitat loss due to recent urban growth in the area. 
Urban development near Ajo, Arizona, as well as that near Sonoyta, 
Mexico, is a significant threat to the Acuna cactus. Populations of the 
Acuna cactus within the Organ Pipe Cactus National Monument have shown 
a 50-percent mortality rate in recent years. The reason(s) for the 
mortality are not known, but continuing drought conditions are thought 
to play a role. The Arizona Plant Law and the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
provide some protection for the Acuna cactus. However, illegal 
collection is a primary threat to this cactus variety and has been 
documented on the Organ Pipe Cactus National Monument in the past. The 
threats continue to be of a high magnitude. The threats are now 
imminent, as evidenced by the continued decline of the species, most 
likely from effects from the on-going drought. Conditions in 2006 
worsened, and the drought is prevalent throughout the range of this 
variety. For this reason, we believe that the main threat, drought, is 
on-going and is a significant threat to the long-term viability of this 
variety. Thus, we changed the LPN from a 6 to a 3 for this cactus 
variety.
    Geranium hanaense (Nohoanu)--This species is a decumbent shrub 
found in bogs on Maui, Hawaii. This species is known from two adjacent 
bogs totaling 300 to 500 individuals. Geranium hanaense is threatened 
by pigs that degrade and destroy habitat, and by nonnative plants that 
outcompete and displace it. However, feral pigs have been fenced out of 
and removed from both bogs in which this species currently occurs, and 
a control program has reduced nonnative plants in all fenced areas. 
Given that the threats to the only known populations of this species 
are currently being managed and the populations are routinely 
monitored, this changes the overall magnitude of these threats to 
moderate. The threats are imminent, however, because the fences must be 
routinely monitored and nonnative plants must continually be 
controlled. Therefore, we have changed the LPN for this species from a 
5 to an 8.
    Helianthus verticillatus (whorled sunflower)--The following 
information is based on information contained in our files. 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 from seven sites. 
There are two populations documented for Cherokee County, Alabama; one 
in Floyd County, Georgia; and one 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; timber harvest remains a potential threat for the 
Alabama populations. We changed the priority number from an 11 to a 5 
to reflect a high magnitude of threat based on current information. The 
11 was assigned previously because the magnitude of threat was then 
moderate since information at that time indicated that the Georgia 
site, which is permanently protected, was the largest population, had 
thousands of plants, and was thriving. New information indicates that 
this Georgia site actually only harbors 15 to 20 individuals and that 
plants at this site appear to have low fitness as indicated by their 
shorter stature and the absence of flowering in this population. The 
remaining four populations are all on private land with no protection 
at this time. However, the threats are still nonimminent though since 
efforts are actively underway to obtain protection for these sites and 
habitat conversion and timber harvesting are not currently affecting 
the species.

[[Page 69044]]

    Phacelia stellaris (Brand's phacelia)--Phacelia stellaris is an 
annual plant in the Hydrophyllaceae (water-leaf family). Plants are 
spreading to erect, 6 to 25 cm (2.5 to 10 in) tall. Phacelia stellaris 
was historically found in Los Angeles, Riverside, and San Diego 
Counties and in coastal northern Baja California, Mexico. Approximately 
50 percent of the linear extent of the coastal occurrences of this 
species has been lost, presumably to urbanization and habitat 
degradation. The last documentation of the range of the species in 
Mexico was in 1975. In the United States, four of the five known extant 
occurrences are from coastal San Diego County, California, in the 
following areas: Marine Corps Base Camp Pendleton, Silver Strand in the 
City of San Diego, within a few hundred yards of the Mexican border at 
Lichty Mesa, and the recently rediscovered population at Coronado 
Island on Naval Air Station North Island. The only other known extant 
occurrence is in western Riverside County, southwest of Fairmont Park. 
Potential threats to the U.S. occurrences include: The anticipated 
Border Fence project, development or agricultural activities, trampling 
from humans and equestrian traffic, disturbances from management 
actions, and invasive nonnative plants. Three of the five populations 
are very small (tens to low-hundreds) and small populations are 
considered subject to random events and genetic constraints. This 
species faces high magnitude threats, but the efforts of land managers 
and other regulatory mechanisms have resulted in the threats being 
nonimminent. Therefore, because overall, the threats are nonimminent, 
we changed the LPN for this species from a 2 to a 5.
    Phyllostegia floribunda (no common name)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. This species is 
an erect subshrub found in mesic to wet forest on the island of Hawaii, 
Hawaii. This species is known from 10 locations totaling fewer than 270 
naturally occurring and outplanted individuals on State, private, and 
Federal lands. Phyllostegia floribunda is threatened by feral pigs that 
degrade and destroy habitat, and nonnative plants that compete for 
light and nutrients. The Park Service, The Nature Conservancy of 
Hawaii, and the State have outplanted over 170 individuals at Olaa 
Forest Reserve, Kona Hema, and Waiakea Forest Reserve (greater than 50, 
20 individuals, and 100 individuals, respectively). Fences protect 
approximately seven populations on private, State, and Park Service 
lands. Nonnative plants have been reduced in these fenced areas. 
However, no conservation efforts have been implemented for the unfenced 
populations. Because these threats are of imminent, but only moderate 
magnitude for the majority of the populations, we changed the LPN from 
a 2 to an 8.
    Sideroxylon reclinatum ssp. austrofloridense (Everglades bully)--
Everglades bully occurs on pinelands, pineland/prairie ecotones, and 
prairies in Everglades National Park and private lands in Miami-Dade 
County, and Big Cypress National Preserve in Monroe County, Florida. 
Pine rocklands in Miami-Dade County have largely been destroyed by 
residential, commercial, and urban development and agriculture. Most 
remaining suitable habitat for this plant has been negatively altered 
by human activity. While privately owned pine rocklands are at risk 
from development, habitat for this plant is, for the most part, 
protected. The species is threatened by habitat loss and habitat 
degradation due to fire suppression, the difficulty of applying 
prescribed fire to pine rocklands, and exotic plants. Hydrology has 
been altered within Long Pine Key at Everglades National Park 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 could negatively affect 
the pinelands of Long Pine Key, where the largest population occurs. At 
this time, it is not known whether Everglades restoration will have a 
positive or negative effect. This species may be vulnerable to 
catastrophic events and natural disturbances, such as hurricanes. Sea 
level rise will likely be a factor over the long term. After a thorough 
review of the species status and threats, the magnitude of threats 
continues to remain moderate to low, particularly since additional 
populations have recently been documented at Big Cypress National 
Preserve and on small pinelands in Miami-Dade County. We anticipate 
that additional occurrences will be found at Everglades National Park. 
Overall, the threats are nonimminent, particularly since most of the 
habitat is protected and managed to benefit this species. For the 
largest population in Everglades National Park, efforts are under way 
to ameliorate the threats from exotic plants. Therefore, we changed the 
LPN from a 9 to a 12 for this subspecies.
    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 in the northwestern 
Hawaiian Islands: Midway (approximately 260 plants), Laysan 
(approximately 490 plants), Pearl and Hermes (unknown number of 
individuals), Nihoa (8,000 to 15,000 adult plants); and Molokai 
(approximately 300 plants), in the main Hawaiian Islands. Solanum 
nelsonii is moderately threatened by ungulates (on Molokai) that 
degrade and destroy habitat, and that may eat it, and by nonnative 
plants that outcompete and displace it (Molokai and the northwestern 
Hawaiian Islands). 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 northwestern 
Hawaiian Islands. In addition, S. nelsonii is likely threatened by 
being eaten by a nonnative grasshopper, Schistocerca nitens, in the 
northwestern Hawaiian Islands. Currently no control measures are in 
place for this grasshopper. Because these threats are of moderate 
magnitude and are imminent for the majority of the populations, we 
changed the LPN from a 2 to an 8.
    Symphyotrichum georgianum (Georgia aster)--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. Most remaining populations survive 
adjacent to roads, utility rights of way and other openings where 
current land management mimics natural disturbance regimes. Georgia 
aster currently is known to occur in the States of Alabama, Georgia, 
North Carolina, and South Carolina. The species appears to have been 
extirpated from Florida.
    Most of the known populations are small (fewer than 50 stems), and 
because the species' main mode of reproduction is vegetative, each 
isolated population may represent only a few genotypes. A key factor 
impacting the Georgia aster is the present and threatened destruction, 
modification, and curtailment of its habitat and range as a result of 
subdivision development, highway expansion/improvement activities, 
herbicide application, and succession by wood plants due to fire 
suppression. The inadequacy of existing regulatory mechanisms is 
another factor posing a threat to the species, as approximately 95 
percent of the known

[[Page 69045]]

surviving populations are estimated to occur on private lands and no 
state or local laws protect the plants or their habitat. The species is 
not afforded specific protection on federal lands, where we estimate 5 
percent of the populations occur. A third factor impacting the species 
is direct damage from mowing or herbicide applications conducted as 
part of maintenance along highways and rights of way; these activities 
can kill plants, and possibly extirpate populations in local areas.
    In previous years, we assigned an LPN of 5 to the Georgia aster, 
corresponding to a magnitude rating of high and an immediacy rating of 
nonimminent. However, based on the Service's efforts to achieve greater 
consistency in the interpretation of magnitude and immediacy, as well 
as new information regarding the abundance of the species, we are now 
revising the LPN. With regard to immediacy, the threats described above 
are currently occurring and are, therefore, imminent. We expect the 
threats are operating throughout the range of the species. However, the 
species is still relatively widely distributed, with occurrences in 3 
counties in Alabama, 9 counties in North Carolina, 11 counties in South 
Carolina, and possibly as many as 18 counties in Georgia. Also, recent 
information indicates the species is more abundant than when we 
initially identified it as a candidate for listing, with possibly as 
many as 120 populations, in comparison to approximately 60 when it 
became a candidate in 1999. Taking into account its distribution and 
the new information indicating the species is more abundant than 
previously realized, we have revised the magnitude of threats from 
``high'' to ``moderate.'' Therefore, we have changed the LPN from a 5 
to an 8.

Ferns and Allies

    Christella boydiae (no common name)--The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on May 11, 2004. This species is a small-
to-medium-sized fern found in mesic to wet forest along streambanks on 
Oahu and Maui, Hawaii. Historically, this species was also found on the 
island of Hawaii; however, the species has been extirpated from that 
island. Currently, this species is known from 4 populations totaling 
fewer than 200 individuals. Two populations, numbering 162 and 2 
individuals respectively, are found within Haleakala National Park on 
the island of Maui, where they are fenced and managed. The other two 
populations, numbering 5 and 9 individuals respectively, are located on 
State and private lands in the Koolau Mountains of Oahu. This species 
is threatened by feral pigs that degrade and/or destroy habitat and 
that may eat this plant, nonnative plants that compete for light and 
nutrients, and man-made stream diversion. Feral pigs have been fenced 
out of the two populations on Maui, and nonnative plants have been 
reduced in the fenced areas. No conservation efforts are under way to 
alleviate threats to the two populations on Oahu. The two managed 
populations constitute 92 percent of the currently known populations. 
Therefore, the magnitude of the threats acting upon the currently 
extant populations is considered moderate, while the threats from feral 
pig activities and nonnative plants are ongoing, and therefore 
imminent. Thus, we changed the LPN from a 2 to an 8 for this species.

Taxonomic Changes in Candidates

Mammals

    Mazama pocket gopher (Thomomys mazama ssp. couchi, douglasii, 
glacialis, louiei, melanops, pugetensis, tacomensis, tumuli, 
yelmensis)--Based on mitochondrial DNA analysis, we are including an 
additional subspecies of Mazama pocket gopher (Brush Prairie pocket 
gopher, T. Mazama douglasii), in our candidate list. See summary below 
under ``Findings for Petitioned Candidate Species'' for additional 
information.

Insects

    Coral Pink Sand Dunes tiger beetle (Cicindela albissima)--Based on 
recently genetic research, this taxon was recently elevated to a full 
species. See summary above under ``Summary of Listing Priority Changes 
in Candidates'' for additional information.

Candidate Removals

    As summarized below, we have evaluated the threats to the following 
four species and considered factors that, individually and in 
combination, presently or potentially could pose a risk to these 
species and their habitat. After a review of the best available 
scientific and commercial data, we conclude that listing these four 
species under the Endangered Species Act is not warranted because the 
species are not likely to become endangered species within the 
foreseeable future throughout all or a significant portion of their 
range. Therefore, for each of these species 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 this determination 
in the event that new information indicates that the threats to these 
species are of a considerably greater magnitude or imminence than 
identified through assessments of information in our files, as 
summarized here. The summary below also notes two other species for 
which we published separate findings removing them from candidate 
status since the most recent CNOR.

Fish

    Fluvial arctic grayling, upper Missouri River DPS (Thymallus 
arcticus)--see Federal Register notice published on April 24, 2007 (72 
FR 20305).

Insects

    Beaver Cave beetle (Pseudanophthalmus major)--see Federal Register 
notice published on October 11, 2006 (71 FR 59711).
    Surprising cave beetle (Pseudanophthalmus inexpectatus Barr)--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 surprising cave beetle is a small (4 mm), eyeless, reddish-
brown, troglobitic insect that belongs to the ground beetle family 
Carabidae. The species is predatory, feeding upon other small cave 
invertebrates such as spiders, mites, and millipedes.
    We made the surprising cave beetle a candidate for listing on 
October 30, 2001. The species was originally described from two caves 
in Mammoth Cave National Park (MCNP), Kentucky--the historic entrance 
of Mammoth Cave (or Crevice Pit) and White Cave. Subsequent to this 
discovery, it was later found in Great Onyx Cave in MCNP. Since 2001, 
when we identified it as a candidate, we have found that the surprising 
cave beetle is more common and widespread than previously believed. In 
2002, the species was discovered in a previously unnamed cave (now 
called Surprising Cave) within MCNP. This discovery was notable because 
it represented a northern range extension for the species and was made 
in a cave system that many speculate is completely separate from those 
located south of the Green River.
    In 2006, the species was discovered in a fifth cave (Saucer Cave) 
within MCNP. Thus, we now know that the distribution of the species 
includes at least five areas within MCNP. In addition, over the past 6 
years a total of

[[Page 69046]]

10 individuals have been observed during routine surveys for other cave 
biota. Because the surprising cave beetle is small, cryptic, and 
difficult to locate within the cave environment, the collection of 10 
individuals is a significant accomplishment for a Pseudanophthalmus 
survey, especially when the surprising cave beetle was not the target 
organism. Many of the caves in MCNP have not been adequately surveyed 
for Pseudanophthalmus or other small cave organisms, and based on the 
information now available, we believe the species is more common within 
these habitats than first believed.
    The most significant potential threats to the species (trampling by 
humans, habitat disturbance, and disruption of energy inputs) are 
abated by its location within a national park (MCNP) and MCNP's strict 
control over the majority of the cave system and its habitats. Tours 
are offered in only two of the five caves where the species is known to 
occur, and tours take place in areas away from known beetle habitats. 
Habitat disturbance, vandalism, and entrance manipulation are unlikely 
to occur because the caves are in isolated, protected locations within 
a national park. Other potential threats, such as contamination of cave 
systems through polluted stormwater runoff and toxic chemical spills, 
are not considered to be significant because of their low probability 
of occurrence. In addition, we entered into a 15-year Candidate 
Conservation Agreement (CCA) for the surprising cave beetle in 2001 
with the National Park Service (NPS) at MCNP. The purpose of this CCA 
is for the Service and NPS to jointly implement conservation measures 
for the surprising cave beetle in MCNP. Management activities 
undertaken by MCNP under the CCA increase protection and enhance the 
status of this species. The Agreement was updated in 2004, and the NPS 
continues their efforts under this agreement.
    Based on findings in our updated assessment of the surprising cave 
beetle, we conclude that listing this species under the Endangered 
Species Act is not warranted within the foreseeable future throughout 
all or a significant portion of its range. There is no portion of its 
range for which we have information that the species might be locally 
threatened. The current level of threats will not result in the species 
becoming in danger of extinction nor do we foresee threats increasing 
at any time in the future. The species no longer meets our definition 
of a candidate, and we have removed it from candidate status.
    Warm spring zaitzevian riffle beetle (Zaitzevia thermae)--The warm 
spring zaitzevian riffle beetle is an aquatic flightless beetle endemic 
to Bridger Creek Warm Springs near Bozeman, Montana. This spring is 
entirely on land managed by the Service's Fish Technology Center (FTC) 
and is a water source for the FTC. The warm spring zaitzevian riffle 
beetle is not known to drift within a water system with any probability 
of survival and requires clean water and small rock substrate absent 
siltation. The beetles feed on small pieces of algae and diatoms that 
they scrape from the submerged rocks. The warm spring zaitzevian riffle 
beetle requires warm and flowing surface water with surface 
temperatures of 16 to 29[deg]C (60 to 84[deg]F). Water temperature is 
likely the most influential factor in the species' biology. The 
distribution of the species is described as colonies found within three 
main areas along 50 linear meters (m) (164 linear feet (ft)) of Bridger 
Creek where a warm spring emerges at or near creek water surface level. 
A large cement water collection box built around the spring in the 
early 1900s provides protection to the riffle beetle's spring habitat 
and it is within this sheltered area where the majority of the warm 
spring zaitzevian riffle beetle population occurs.
    A 1994 management plan prepared by the Service for the beetle 
guided successful implementation of actions to ensure that warm water 
flow out of the collection box to external seep habitat was not 
hindered by debris, make necessary repairs, maintain barricades and 
signs to prevent public disturbance of the beetle's habitat, and 
monitor water flow and the species to determine if conservation 
measures should be modified. The 1994 management plan also provided for 
removal of silt from the bottom of the collection box, if necessary; 
however, there has been no need to implement silt removal. In 2001, the 
FTC acquired 40 acres of land adjacent to and uphill from the spring, 
which provided additional protection of the spring by preventing 
development and adverse land use on these lands. The area around the 
spring continues to be protected by a chain-link fence and signs 
erected by the FTC, limiting foot traffic in the area (the area 
historically was used for swimming) as required in the 1994 management 
plan. In 2002, with approval of entomologists from Montana State 
University (MSU) per the 1994 management plan, the height of the 
collection box roof was raised an additional 0.6 m (2 ft) to decrease 
the chance of Bridger Creek runoff or flood water contaminating water 
in the collection box. The purpose of this project was to protect the 
FTC's water source from potential pathogens, silt, aquatic nuisance 
species, decreased water temperature, and harmful chemicals, which in 
turn protects the habitat of the beetle. The project also included 
alteration to the roof of the water collection box to improve light 
penetration into the box for the beetles. The actions implemented 
through this project continue to effectively provide beetle habitat. In 
July 2006, a new Conservation Agreement and Strategy (CAS) was 
finalized. The goal of the CAS is to ensure long-term, effective 
conservation of the warm spring zaitzevian riffle beetle and Brown's 
riffle beetle (Microcylloepus browni), another endemic beetle found in 
warm water seeps downstream of warm spring zaitzevian riffle beetle 
habitat. The CAS formalizes the ongoing cooperative effort of the 
signatories in conserving the warm spring zaitzevian riffle beetle in 
its native habitat. The signatories to the CAS are: the Service; 
Montana Fish, Wildlife and Parks; and MSU. Activities under the CAS are 
overseen by a workgroup of biologists representing the signatories. 
Under the 2006 CAS, water monitoring now is conducted by the Service 
according to the more detailed protocols in the CAS monitoring plan, 
which further ensures that necessary information will be acquired in 
order to respond appropriately in the event that water pollution or 
contamination is detected. Most of the conservation efforts described 
in the CAS are continuations of practices that were already being 
implemented, and are effective in addressing the potential threats to 
the warm spring zaitzevian riffle beetle. These efforts include 
continuing to remove debris from the cement box, maintenance of signage 
and delivery of educational materials, and review of any proposed 
changes in land and stream uses that might impact the species and its 
habitat.
    We carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
faced by the warm spring zaitzevian riffle beetle (habitat development 
or other alterations that would alter water flow, temperature or 
chemistry, and stochastic events such as flooding) and considered 
factors that, individually and in combination, could pose a risk to the 
species and its habitat. This species occurs in a single spring, and 
the area it occupies encompasses approximately 35 m\2\ (377 ft\2\), 
plus small adjacent seeps upstream and downstream where the species 
occurs in small numbers (approximately 1 m\2\ (11 ft\2\) of habitat). 
All occupied habitat is significant to the species due to its

[[Page 69047]]

relatively small area and single location, therefore separate analysis 
of portions of the range is not applicable to this species. The 
foreseeable future for this species is linked to threats (habitat 
sustainability) more strongly than to life cycle timeframes; because 
the known population is carefully managed through the 2006 Conservation 
Agreement and Strategy, threats are not expected to increase within the 
foreseeable future. The FTC has committed to fund the CAS for 5 years, 
and we have no reason to believe that the FTC will discontinue funding 
and implementing the CAS into the future. We conclude that listing this 
species under the Act is not warranted. Because the current population 
is stable and threats have been addressed, it is not likely to become 
in danger of extinction within the foreseeable future throughout all or 
a significant portion of its range. This species no longer meets our 
definition of a candidate and is removed from candidate status.

Flowering Plants

    Erigeron basalticus (Basalt daisy)--Erigeron basalticus is a 
perennial, herbaceous plant with a taproot and one to several sprawling 
stems 10 to 15 centimeters (cm) (4 to 6 inches (in)) long. Erigeron 
basalticus grows in crevices in basalt cliffs on canyon walls, at 
elevations from 380 to 460 m (1,250 to 1,500 ft), along the Yakima 
River Canyon and Selah Creek, a tributary of the Yakima River, 
Washington. It is found in microsites that are largely devoid of other 
vegetation and undergoing primary succession. To date, threats from 
highway maintenance, rock quarrying, collection, location on private 
lands, herbicide spray drift, recreational rock climbing, or landslides 
previously described for this species have not been observed to affect 
numbers, distribution, or recruitment of Erigeron basalticus since the 
time it was initially surveyed. Overall population numbers have 
fluctuated within a range, but appear to be relatively stable since 
1988. Monitoring of the majority of the known sites in June 2007, by 
the University of Washington College of Forest Resources, Botanic 
Gardens Rare Plant Care and Conservation Branch, provided additional 
data to support the removal of this species from candidacy. In addition 
to robust numbers counted in nearly all populations, the survey group 
discovered two previously unknown locations for E. basalticus so the 
species is more abundant than previously realized.
    The Bureau of Land Management has no plans to change management on 
the Areas of Critical Environmental Concern where several 
subpopulations of E. basalticus occur. Activities previously thought to 
pose potential threats to the species have not materialized and we have 
no basis for concluding that they would affect the species in the 
future. Continued surveys indicate subpopulations have been fluctuating 
in size within a reasonable range over time, and we have no reason to 
believe that this will change in the future. Further, there is no 
portion of its range for which we have information that the species 
might be locally threatened. Based on our updated assessment, we 
conclude that E. basalticus is not likely to become in danger of 
extinction within the foreseeable future throughout all or a 
significant portion of its range. Therefore we find that listing E. 
basalticus is not warranted and we remove this species from candidate 
status.

Ferns and Allies

    Botrychium lineare (slender moonwort)--A member of the adder's-
tongue family (Ophioglossaceae), Botrychium lineare is a small 
perennial fern. The species is known from 22 sites spread across 8 
States (Alaska, Colorado, Minnesota, Montana, Oregon, South Dakota, 
Washington, and Wyoming) and two Canadian Provinces (Alberta and Yukon 
Territory), with a total geographic range of more than 107,000 square 
miles. Over 3,300 miles (5,300 kilometers) separate B. lineare sites in 
Alaska and Minnesota. Seventeen of the 20 known sites in the United 
States occur on Federal lands, with 3 sites found on private lands.
    Review of recent information indicates there is an increase in the 
number of known locations of Botrychium lineare and the geographic 
range is much larger than we previously understood. Based on increased 
survey efforts, at least 12 new population sites have been found in 6 
states, including 4 new States, and two Canadian provinces since 2003. 
Population sites are generally small in area and number of individuals, 
making the species difficult to locate and survey for, or detect in 
plant surveys. Because Botrychium species have few diagnostic features 
(they are small and have only one leaf), B. lineare can be difficult to 
distinguish from other closely related moonworts. For example, one 
former B. lineare population site in Idaho and two in Nevada described 
in the May 11, 2005, Candidate Notice of Review (70 FR 24870) are now 
considered something other than B. lineare based on genetic analysis. 
Some researchers consider B. lineare a habitat generalist that may be 
an opportunistic colonizer since it is found in a variety of natural 
sites, and several extant population sites are found in man-made 
disturbed sites (i.e., roadsides and roadbeds, mine tailings, and along 
stream banks). Because they are found in a variety of habitat types, 
describing suitable or a specific habitat type is problematic. We 
believe that the species is more widespread than currently reported. 
The disjunct nature of known population sites over a wide geographic 
range of more than 107,000 square miles suggests that additional 
undetected B. lineare populations will likely be discovered both within 
and outside of the largely unsurveyed geographic range of the species 
in the United States and Canada.
    Much of the information provided to us regarding potential threats 
to Botrychium lineare is general in nature or there is uncertainty and 
very little documentation on how potential threats are affecting 
existing, disjunct populations, individual plants or the various 
natural and disturbed habitats of the species. Not all known population 
sites are exposed to potential threats. Where Federal land managers 
have recognized that threats could be affecting B. lineare populations, 
various conservation measures are being implemented. In total, 
potential threats are being addressed at 8 of the 20 B. lineare 
population sites in the United States (2 Canadian population sites not 
included). Invasive, nonnative species are reported to occur within 4 
populations and adjacent to 10 populations. Conservation measures to 
reduce the occurrence of invasive species are under way at seven sites 
in Colorado, Montana, and Oregon. Monitoring to detect presence of 
additional invasive species is currently conducted at two additional 
sites in Oregon. Thirteen populations occur adjacent to or near roads; 
avoidance and minimization measures are in place at four sites in 
Colorado and one site in South Dakota to reduce the impact of road-
related activities. Livestock impacts have been precluded at one site 
in Washington through an exclosure.
    Based on our updated assessment, we have determined that Botrychium 
lineare is not likely to become in danger of extinction within the 
foreseeable future throughout all or a significant portion of its 
range. We have no information that indicates that any of the known B. 
lineare populations constitute a significant portion of the range of 
the species or that there is any portion of its range where the species 
might be locally threatened. Botrychium lineare's known geographic 
range is much larger than previously understood and it is likely that 
additional B. lineare

[[Page 69048]]

populations will be discovered both within and outside of the largely 
unsurveyed geographic range of the species in the United States and 
Canada. There is also insufficient information to adequately describe 
suitable habitat for the species, or to fully understand B. lineare's 
biological vulnerability to potential threat factors. Therefore, we 
find that listing is not warranted and we remove this species from 
candidate status.

Petition Findings

    The Act provides two mechanisms for considering species for 
listing. One method allows the Secretary, on his own initiative, to 
identify species for listing under the standards of section 4(a)(1). We 
implement this through the candidate program, discussed above. The 
second method for listing a species provides a mechanism for the public 
to petition us to add a species to the Lists. Under section 4(b)(3)(A), 
when we receive such a petition, we must determine within 90 days, to 
the maximum extent practicable, whether the petition presents 
substantial information 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 regulation 
implementing the petitioned action is precluded by pending proposals, 
and (b) expeditious progress is being made to add qualified species to 
the lists of endangered or threatened species. (We refer to this as a 
``warranted-but-precluded finding.'')
    Section 4(b)(3)(C) of the Act requires that when we make a 
warranted but precluded finding on a petition, we are to treat such a 
petition as one that is resubmitted on the date of such a finding. 
Thus, we are required to publish new 12-month findings on these 
``resubmitted'' petitions on an annual basis.
    On December 5, 1996, we made a final decision to redefine 
``candidate species'' to mean those species for which the Service has 
on file sufficient information on biological vulnerability and 
threat(s) to support issuance of a proposed rule to list, but for which 
issuance of the proposed rule is precluded (61 FR 64481; December 6, 
1996). Therefore, the 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.
    This publication also provides notice of substantial 90-day 
findings and the warranted-but-precluded 12-month findings pursuant to 
section 4(b)(3) for candidate species listed on Table 1 that we 
identified on our own initiative, and that subsequently have been the 
subject of a petition to list. Even though all candidate species 
identified through our own initiative already have received the 
equivalent of substantial 90-day and warranted-but-precluded 12-month 
findings, we reviewed the status of the newly petitioned candidate 
species and through this CNOR are publishing 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.
    Pursuant to section 4(b)(3)(C)(i) of the Act, once a petition is 
filed regarding a candidate species, we must make a 12-month petition 
finding in compliance with section 4(b)(3)(B) of the Act at least once 
a year, until we publish a proposal to list the species or make a final 
not-warranted finding. We make this annual finding for petitioned 
candidate species through the CNOR.
    Section 4(b)(3)(C)(iii) of the Act requires us to ``implement a 
system to monitor effectively the status of all species'' for which we 
have made a warranted-but-precluded 12-month finding, and to ``make 
prompt use of the [emergency listing] authority [under section 4(b)(7)] 
to prevent a significant risk to the well being of any such species.'' 
The CNOR plays a crucial role in the monitoring system that we have 
implemented for all candidate species by providing notice that we are 
actively seeking information regarding the status of those species. We 
review all new information on candidate species as it becomes 
available, prepare an annual species assessment form that reflects 
monitoring results and other new information, and identify any species 
for which emergency listing may be appropriate. If we determine that 
emergency listing is appropriate for any candidate, whether it was 
identified through our own initiative or through the petition process, 
we will make prompt use of the emergency listing authority under 
section 4(b)(7). We have been reviewing and will continue to review, at 
least annually, the status of every candidate, whether or not we have 
received a petition to list it. Thus, the CNOR and accompanying species 
assessment forms also constitute the Service's annual finding on the 
status of petitioned species pursuant to section 4(b)(3)(C)(i).
    On June 20, 2001, the United States Court of Appeals for the Ninth 
Circuit held that the 1999 CNOR (64 FR 57534; October 25, 1999) did not 
demonstrate that we fulfilled the second component of the warranted-
but-precluded 12-month petition findings for the Gila chub and 
Chiracahua leopard frog (Center for Biological Diversity v. Norton, 254 
F.3d 833 (9th Cir. 2001)). The court found that the one-line 
designation in the table of candidates in the 1999 CNOR, with no 
further explanation, did not satisfy section 4(b)(3)(B)(iii)'s 
requirement that the Service publish a finding ``together with a 
description and evaluation of the reasons and data on which the finding 
is based.'' The court suggested that this one-line statement of 
candidate status also precluded meaningful judicial review.
    On June 21, 2004, the United States District Court for Oregon 
agreed that we can use the CNOR as a vehicle for making petition 
findings and that our reasoning for why listing is precluded does not 
need to be based on an assessment at a regional level (as opposed to a 
national level) (Center for Biological Diversity v. Norton Civ. No. 03-
1111-AA (D. Or.)). However, this court found that our discussion on why 
listing the candidate species were precluded by other actions lacked 
specificity; in the list of species that were the subject of listing 
actions that precluded us from proposing to list candidate species, we 
did not state the specific action at issue for each species in the list 
and we did not indicate which actions were court-ordered.
    On June 22, 2004, in a similar case, the United States District 
Court for the Eastern District of California also concluded that our 
determination of preclusion may appropriately be based on a national 
analysis (Center for Biological Diversity v. Norton No. CV S-03-1758 
GEB/DAD (E.D. Cal.)). This court also found that the Act's

[[Page 69049]]

imperative that listing decisions be based solely on science applies 
only to the determination about whether listing is warranted, not the 
question of when listing is precluded.
    On March 24, 2005, the United States District Court for the 
District of Columbia held that we may not consider critical habitat 
activities in justifying our inability to list candidate species, 
requiring that we justify both our preclusion findings and our 
demonstration of expeditious progress by reference to listing 
proceedings for unlisted species (California Native Plant Society v. 
Norton, Civ. No. 03-1540 (JR) (D.D.C.)). The court further found that 
we must adequately itemize priority listings, explain why certain 
species are of high priority, and explain why actions on these high-
priority species preclude listing species of lower priority. The court 
approved our reliance on national rather than regional priorities and 
workload in establishing preclusion and approved our basic explanation 
that listing candidate species may be precluded by statutorily mandated 
deadlines, court-ordered actions, higher-priority listing activities, 
and a limited budget.
    We drafted previous CNORs to address the concerns of these courts 
and continue to incorporate those changes that addressed the courts' 
concerns in this CNOR. We include a description of the reasons why the 
listing of every petitioned candidate species is both warranted and 
precluded at this time. We make our determinations of preclusion on a 
nationwide basis to ensure that the species most in need of listing 
will be addressed first and also because we allocate our listing budget 
on a nationwide basis (see below). Regional priorities can also be 
discerned from Table 1, which includes the lead region and the LPN for 
each species. Our preclusion determinations are further based upon our 
budget for listing activities for unlisted species and we explain the 
priority system and why the work we have accomplished does preclude 
action on listing candidate species.
    Pursuant to section 4(b)(3)(C)(ii) and the Administrative Procedure 
Act (5 U.S.C. 551 et seq.), any party with standing may challenge the 
merits of any not-warranted or warranted-but-precluded petition finding 
incorporated in this CNOR. The analysis included herein, together with 
the administrative record for the decision at issue (particularly the 
supporting species assessment form), will provide an adequate basis for 
a court to review the petition finding.
    Nothing in this document or any of our policies should be construed 
as in any way modifying the Act's requirement that we make a 
resubmitted 12-month petition finding for each petitioned candidate 
within 1 year of the date of publication of this CNOR. If we fail to 
make any such finding on a timely basis, whether through publication of 
a new CNOR or some other form of notice, any party with standing may 
seek judicial review.
    In this CNOR, we continue to address the concerns of the courts by 
including more specific information in our discussion on preclusion 
(see below). In preparing this CNOR, we reviewed the current status of 
and threats to the 203 candidates and 5 listed species for which we 
have received a petition and for which we have found listing or 
reclassification from threatened to endangered to be warranted but 
precluded. We find that the immediate issuance of a proposed rule and 
timely promulgation of a final rule for each of these species has been, 
for the preceding months, and continues to be, precluded by higher-
priority listing actions. Additional information that is the basis for 
this finding is found in the species assessments and our administrative 
record for each species.
    Our review included updating the status of and threats to 
petitioned candidate or listed species for which we published findings, 
pursuant to section 4(b)(3)(B), in the previous CNOR. We have 
incorporated new information we gathered since the prior finding and, 
as a result of this review, we are making continued warranted-but-
precluded 12-month findings on the petitions for these species.
    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. As discussed above, 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 
September 12, 2006, through September 30, 2007. We will continue to 
monitor the status of all candidate species, including petitioned 
species, as new information becomes available. This review will 
determine if a change in status is warranted, including the need to 
emergency-list a species under section 4(b)(7) of the Act.
    In addition to identifying petitioned candidate species in Table 1 
below, we also present brief summaries of why these particular 
candidates warrant 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://endangered.fws.gov/. As described above, under section 4 of the 
Act we may identify and propose species for listing based on the 
factors identified in section 4(a)(1), and section 4 also provides a 
mechanism for the public to petition us to add a species to the lists 
of species determined to be threatened species or endangered species 
under the Act. Below we describe the actions that continue to preclude 
the immediate proposal of a regulation and final promulgation of a 
regulation implementing the petitioned action, and we describe the 
expeditious progress we are making to add qualified species to the 
lists of endangered or threatened species.

Preclusion and Expeditious Progress

    Preclusion is a function of the listing priority of a species in 
relation to the resources that are available and competing demands for 
those resources. (As described above in the Summary, the listing 
priority of a species is represented by the LPN we assign to it.) Thus, 
in any given fiscal year (FY), multiple factors dictate whether it will 
be possible to undertake work on a proposed listing regulation or 
whether promulgation of such a proposal is warranted but 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 or to change 
the status of a species from threatened to endangered; resubmitted 
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

[[Page 69050]]

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. For 
example, during the past several years, the cost (excluding publication 
costs) for preparing a 12-month finding, without a proposed rule, has 
ranged from approximately $11,000 for one species with a restricted 
range and involving a relatively uncomplicated analysis to $305,000 for 
another species that is wide-ranging and involving a complex analysis.
    We cannot spend more than is appropriated for the Listing Program 
without violating the Anti-Deficiency Act (see 31 U.S.C. 
1341(a)(1)(A)). In addition, in FY 1998 and for each fiscal year since 
then, Congress has placed a statutory cap on funds which may be 
expended for the Listing Program, equal to the amount expressly 
appropriated for that purpose in that fiscal year. This cap was 
designed to prevent funds appropriated for other functions under the 
Act (e.g., 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).
    Recognizing that designation of critical habitat for species 
already listed would consume most of the overall Listing Program 
appropriation, Congress also put a critical habitat subcap in place in 
FY 2002 and has retained it each subsequent year 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 last year (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.
    Thus, 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. Therefore, the 
funds in the listing cap, other than those needed to address court-
mandated critical habitat for already listed species, set the limits on 
our determinations of preclusion and expeditious progress.
    Congress also recognized that the availability of resources was the 
key element in deciding whether, when making a 12-month petition 
finding, we would prepare and issue a listing proposal or make a 
``warranted but precluded'' finding for a given species. The Conference 
Report accompanying Pub. L. 97-304, which established the current 
statutory deadlines and the warranted-but-precluded finding, states (in 
a discussion on 90-day petition findings that by its own terms also 
covers 12-month findings) that the deadlines 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 [i.e., for a lower-ranking 
species] unwise.'' Taking into account the information presented above, 
in FY 2007, the outer parameter within which ``expeditious progress'' 
must be measured is that amount of progress that could be achieved by 
spending $5,193,000, which was the amount available in the Listing 
Program appropriation that was not within the critical habitat subcap.
    Our process is to 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. However, through court orders and court-approved 
settlements, Federal district courts have mandated that we must 
complete certain listing activities with respect to specified species 
and have established the schedules by which we must complete those 
activities. The species involved in these court-mandated listing 
activities are not always those that we have identified as being most 
in need of listing. As described below, a majority of the $5,193,000 
appropriation available in FY 2007 for new listings of species is being 
consumed by court-mandated listing activities; by ordering or 
sanctioning these actions, the courts essentially determined that these 
were the highest priority actions to be undertaken with available 
funding. Copies of the court orders and settlement agreements referred 
to below are available from the Service and are part of the 
administrative record for these resubmitted petition findings.
    The FY 2007 appropriation of $5,193,000 for listing activities 
(that is, the portion of the Listing Program funding not related to 
critical habitat designations for species that already are listed) was 
fully allocated to fund work in the following categories of actions in 
the Listing Program: Compliance with court orders and court-approved 
settlement agreements requiring that petition findings or listing 
determinations be completed by a specific date; section 4 (of the Act) 
listing actions with absolute statutory deadlines; essential 
litigation-related, administrative, and program management functions; 
and a few high-priority listing actions. The allocations for each 
specific listing action were identified in the Service's FY 2007 
Allocation Table (part of our administrative record). Although more 
funds were available in FY 2007 than in previous years to work on 
listing actions that were not the subject of court orders or court-
approved settlement agreements, based on the available funds and their 
allocation for these purposes, only limited FY 2007 funds were 
available for work on proposed listing determinations for the following 
high-priority candidate species: 3 southeastern aquatic species, all 
with LPN 2 (Georgia pigtoe, interrupted rocksnail, and rough 
hornsnail); 2 species from the island of Oahu, Hawaii, both with LPN 2 
(Doryopteris takeuchii and Melicope hiiakae); 1 species from the island 
of Molokai, Hawaii, with LPN 2 (Phyllostegia hispida); 31 species from 
the island of Kauai, Hawaii, including 24 species with LPN 2 and 7 
other candidates included in the listing determination package for the 
sake of efficiency because they overlap geographically and/or have the 
same threats (Kauai creeper, Drosophila attigua, Astelia waialealae, 
Canavalia napaliensis, Chamaesyce eleanoriae, Chamaesyce remyi var. 
kauaiensis, Chamaesyce remyi var. remyi, Charpentiera densiflora, 
Cyanea eleeleensis, Cyanea kuhihewa, Cyrtandra oenobarba, Dubautia 
imbricata ssp. imbricata, Dubautia plantaginea ssp. magnifolia, 
Dubautia waialealae, Geranium kauaiense, Keysseria erici, Keysseria 
helenae, Labordia helleri, Labordia pumila, Lysimachia daphnoides, 
Melicope degeneri, Melicope paniculata, Melicope puberula, Myrsine 
mezii, Pittosporum napaliense, Platydesma rostrata, Pritchardia hardyi, 
Psychotria grandiflora, Psychotria hobdyi, Schiedea attenuata, 
Stenogyne kealiae); and 4 Hawaiian damselflies, all with LPN 2 
(Megalagrion nesiotes, Megalagrion leptodemas, Megalagrion oceanicum, 
Megalagrion pacificum).

[[Page 69051]]



------------------------------------------------------------------------
                                                             Available
       FY 2007 listing allocation            Allocated        balance
------------------------------------------------------------------------
FY07 Appropriation (including space           $5,193,000      $5,193,000
 reprogramming).........................
Space reprogramming (program's portion           216,778       4,976,222
 of rent for building space)............
Regional & Washington Offices (staff           1,674,012       3,302,210
 salaries & benefits and administrative
 costs).................................
90-day findings.........................         604,617       2,697,593
12-month findings.......................         830,193       1,867,400
Proposed Listing/Critical Habitat.......         963,000         904,400
Economic Analysis (for Critical Habitat)         504,400         400,000
Final Listing/CH........................         300,000         100,000
Attorney Fees/Litigation Expenses.......         100,000               0
------------------------------------------------------------------------

    Specific details regarding the individual actions taken using the 
FY 2007 funding, which precluded our ability to undertake listing 
proposals for candidate species, except the species noted above, are 
provided below (information on the cost of individual actions is part 
of our administrative record).
    In addition to being precluded by lack of available funds, work on 
proposed rules for candidates with lower priority (i.e., those that 
have LPNs of 4-12) is also precluded by the need to issue proposed 
rules for higher-priority species facing high-magnitude, imminent 
threats (i.e., LPNs of 1-3). We currently have more than 120 species 
with an LPN of 2 (see Table 1).
    We further ranked the candidate species with an LPN of 2 by using 
the following extinction-risk type criteria: 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 comprise a 
list of approximately 40 candidate species that have the highest 
priority to receive funding to work on a proposed listing 
determination. Note, to be more efficient in our listing process, as we 
work on proposed rules for these 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 species with LPN of 2. Finally, proposed rules 
for reclassification of threatened species to endangered are lower 
priority, since the listing of the species already affords the 
protection of the Act and implementing regulations.
    Thus, we continue to find that proposals to list the petitioned 
candidate species included in Table 1 are all warranted but precluded, 
except for the candidate species listed above.
    As explained above, a determination that listing is warranted but 
precluded must also demonstrate that expeditious progress is being made 
to add qualified species to, and remove qualified species from, the 
Lists. (We note that in this CNOR we do not discuss specific actions 
taken on progress towards removing species from the Lists because that 
work is conducted using appropriations for our Recovery program, a 
separately budgeted component of the Endangered Species Program. As 
explained above in our description of the statutory cap on Listing 
Program funds, the Recovery Program funds and actions supported by them 
cannot be considered in determining expeditious progress made in the 
Listing Program.) As with our ``precluded'' finding, expeditious 
progress in adding qualified species to the Lists is a function of the 
resources available and the competing demands for those funds. Our 
expeditious progress in FY 2007 in the Listing Program, through 
September 30, 2007, included preparing and publishing the following:

                               FY 2007 Completed Listing Actions as of 09/30/2007
----------------------------------------------------------------------------------------------------------------
           Publication date                     Title                   Actions                  FR pages
----------------------------------------------------------------------------------------------------------------
10/11/2006...........................  Withdrawal of the        Notice of withdrawal,    71 FR 59700-59711.
                                        Proposed Rule to List    Threats eliminated.
                                        the Cow Head Tui Chub
                                        (Gila biocolor
                                        vaccaceps) as
                                        Endangered.
10/11/2006...........................  Revised 12-Month         Notice of 12-month       71 FR 59711-59714.
                                        Finding for the Beaver   petition finding, Not
                                        Cave Beetle              warranted.
                                        (Pseudanophthalmus
                                        major).
11/14/2006...........................  12-Month Finding on a    Notice of 12-month       71 FR 66292-66298.
                                        Petition to List the     petition finding, Not
                                        Island Marble            warranted.
                                        Butterfly (Euchloe
                                        ausonides insulanus)
                                        as Threatened or
                                        Endangered.
11/14/2006...........................  90-Day Finding for a     Notice of 90-day         71 FR 66298-66301.
                                        Petition to List the     petition finding,
                                        Kennebec River           Substantial.
                                        Population of
                                        Anadromous Atlantic
                                        Salmon as Part of the
                                        Endangered Gulf Of
                                        Maine Distinct
                                        Population Segment.
11/21/2006...........................  90-Day Finding on a      Notice of 90-day         71 FR 67318-67325.
                                        Petition To List the     petition finding, Not
                                        Columbian Sharp-Tailed   substantial.
                                        Grouse as Threatened
                                        or Endangered.
12/5/2006............................  90-Day Finding on a      Notice of 90-day         71 FR 70483-70492.
                                        Petition To List the     petition finding, Not
                                        Tricolored Blackbird     substantial.
                                        as Threatened or
                                        Endangered.

[[Page 69052]]

 
12/6/2006............................  12-Month Finding on a    Notice of 12-month       71 FR 70717-70733.
                                        Petition To List the     petition finding, Not
                                        Cerulean Warbler         warranted.
                                        (Dendroica cerulea) as
                                        Threatened with
                                        Critical Habitat.
12/6/2006............................  90-Day Finding on a      Notice of 90-day         71 FR 70715-70717.
                                        Petition To List the     petition finding, Not
                                        Upper Tidal Potomac      substantial.
                                        River Population of
                                        the Northern Water
                                        Snake (Nerodia
                                        sipedon) as an
                                        Endangered Distinct
                                        Population Segment.
12/14/2006...........................  90-Day Finding on a      Notice of 5-year         71 FR 75215-75220.
                                        Petition to Remove the   Review, Initiation.
                                        Uinta Basin Hookless    Notice of 90-day
                                        Cactus From the List     petition finding, Not
                                        of Endangered and        substantial.
                                        Threatened Plants; 90-  Notice of 90-day
                                        Day Finding on a         petition finding,
                                        Petition To List the     Substantial.
                                        Pariette Cactus as
                                        Threatened or
                                        Endangered.
12/19/2006...........................  Withdrawal of Proposed   Notice of withdrawal,    71 FR 76023-76035.
                                        Rule to List Penstemon   More abundant than
                                        grahamii (Graham's       believed, or
                                        beardtongue) as          diminished threats.
                                        Threatened With
                                        Critical Habitat.
12/19/2006...........................  90-Day Finding on        Notice of 90-day         71 FR 76057-76079.
                                        Petitions to List the    petition finding, Not
                                        Mono Basin Area          substantial.
                                        Population of the
                                        Greater Sage-Grouse as
                                        Threatened or
                                        Endangered.
1/9/2007.............................  12-Month Petition        Notice of 12-month       72 FR 1063-1099.
                                        Finding and Proposed     petition finding,
                                        Rule To List the Polar   Warranted.
                                        Bear (Ursus maritimus)  Proposed Listing,
                                        as Threatened            Threatened.
                                        Throughout Its Range;
                                        Proposed Rule.
1/10/2007............................  Endangered and           Clarification of         72 FR 1186-1189.
                                        Threatened Wildlife      findings.
                                        and Plants;
                                        Clarification of
                                        Significant Portion of
                                        the Range for the
                                        Contiguous United
                                        States Distinct
                                        Population Segment of
                                        the Canada Lynx.
1/12/2007............................  Withdrawal of Proposed   Notice of withdrawal,    72 FR 1621-1644.
                                        Rule To List Lepidium    More abundant than
                                        papilliferum             believed, or
                                        (Slickspot               diminished threats.
                                        Peppergrass).
2/2/2007.............................  12-Month Finding on a    Notice of 12-month       72 FR 4967-4997.
                                        Petition To List the     petition finding, Not
                                        American Eel as          warranted.
                                        Threatened or
                                        Endangered.
2/13/2007............................  90-Day Finding on a      Notice of 90-day         72 FR 6699-6703.
                                        Petition To List the     petition finding,
                                        Jollyville Plateau       Substantial.
                                        Salamander as
                                        Endangered.
2/13/2007............................  90-Day Finding on a      Notice of 90-day         72 FR 6703-6707.
                                        Petition To List the     petition finding, Not
                                        San Felipe Gambusia as   substantial.
                                        Threatened or
                                        Endangered.
2/14/2007............................  90-Day Finding on a      Notice of 90-day         72 FR 6998-7005.
                                        Petition to List         petition finding, Not
                                        Astragalus debequaeus    substantial.
                                        (DeBeque milkvetch) as
                                        Threatened or
                                        Endangered.
2/21/2007............................  90-Day Finding on a      Notice of 5-year         72 FR 7843-7852.
                                        Petition To Reclassify   Review, Initiation.
                                        the Utah Prairie Dog    Notice of 90-day
                                        From Threatened to       petition finding, Not
                                        Endangered and           substantial.
                                        Initiation of a 5-Year
                                        Review.
3/8/2007.............................  90-Day Finding on a      Notice of 90-day         72 FR 10477-10480.
                                        Petition To List the     petition finding, Not
                                        Monongahela River        substantial.
                                        Basin Population of
                                        the Longnose Sucker as
                                        Endangered.
03/29/2007...........................  90-Day Finding on a      Notice of 90-day         72 FR 14750-14759.
                                        Petition To List the     petition finding,
                                        Siskiyou Mountains       Substantial.
                                        Salamander and Scott
                                        Bar Salamander as
                                        Threatened or
                                        Endangered.
04/24/2007...........................  Revised 12-Month         Notice of 12-month       72 FR 20305-20314.
                                        Finding for Upper        petition finding, Not
                                        Missouri River           warranted.
                                        Distinct Population
                                        Segment of Fluvial
                                        Arctic Grayling.
05/02/2007...........................  12-Month Finding on a    Notice of 12-month       72 FR 24253-24263.
                                        Petition to List the     petition finding, Not
                                        Sand Mountain Blue       warranted.
                                        Butterfly (Euphilotes
                                        pallescens ssp.
                                        arenamontana) as
                                        Threatened or
                                        Endangered with
                                        Critical Habitat.

[[Page 69053]]

 
05/22/2007...........................  Status of the Rio        Notice of Review.......  72 FR 28864-28665.
                                        Grande Cutthroat Trout.
05/30/2007...........................  90-Day Finding on a      Notice of 90-day         72 FR 29933-29941.
                                        Petition To List the     petition finding,
                                        Mt. Charleston Blue      Substantial.
                                        Butterfly as
                                        Threatened or
                                        Endangered.
06/05/2007...........................  12-Month Finding on a    Notice of Review.......  72 FR 31048-31049.
                                        Petition To List the
                                        Wolverine as
                                        Threatened or
                                        Endangered.
06/06/2007...........................  90-Day Finding on a      Notice of 90-day         72 FR 31256-31264.
                                        Petition To List the     petition finding,
                                        Yellow-Billed Loon as    Substantial.
                                        Threatened or
                                        Endangered.
06/13/2007...........................  12-Month Finding for a   Notice of 12-month       72 FR 32589-32605.
                                        Petition To List the     petition finding, Not
                                        Colorado River           warranted.
                                        Cutthroat Trout as
                                        Threatened or
                                        Endangered.
06/25/2007...........................  12-Month Finding on a    Notice of amended 12-    72 FR 34657-34661.
                                        Petition To List the     month petition
                                        Sierra Nevada Distinct   finding, Warranted but
                                        Population Segment of    Precluded.
                                        the Mountain Yellow-
                                        Legged Frog (Rana
                                        muscosa).
07/05/2007...........................  12-Month Finding on a    Notice of 12-month       72 FR 36635-36646.
                                        Petition To List the     petition finding,
                                        Casey's June Beetle      Warranted but
                                        (Dinacoma caseyi) as     precluded.
                                        Endangered With
                                        Critical Habitat.
08/15/2007...........................  90-Day Finding on a      Notice of 90-day         72 FR 45717-45722.
                                        Petition To List the     petition finding, Not
                                        Yellowstone National     substantial.
                                        Park Bison Herd as
                                        Endangered.
08/16/2007...........................  90-Day Finding on a      Notice of 90-day         72 FR 46023-46030.
                                        Petition To List         petition finding,
                                        Astragalus anserinus     Substantial.
                                        (Goose Creek milk-
                                        vetch) as Threatened
                                        or Endangered.
8/28/2007............................  12-Month Finding on a    Notice of Review.......  72 FR 49245-49246.
                                        Petition To List the
                                        Gunnison's Prairie Dog
                                        as Threatened or
                                        Endangered.
9/11/2007............................  90-Day Finding on a      Notice of 90-day         72 FR 51766-51770.
                                        Petition To List         petition finding, Not
                                        Kenk's Amphipod,         substantial.
                                        Virginia Well
                                        Amphipod, and the
                                        Copepod Acanthocyclops
                                        columbiensis as
                                        Endangered.
9/18/2007............................  12-Month Finding on a    Notice of 12-month       72 FR 53211-53222.
                                        Petition To List         petition finding for
                                        Sclerocactus             uplisting, Warranted
                                        brevispinus (Pariette    but precluded.
                                        cactus) as an
                                        Endangered or
                                        Threatened Species;
                                        Taxonomic Change From
                                        Sclerocactus glaucus
                                        to Sclerocactus
                                        brevispinus, S.
                                        glaucus, and S.
                                        wetlandicus.
----------------------------------------------------------------------------------------------------------------

    Our expeditious progress also includes work on listing actions for 
68 species for which decisions were not completed as of the end of FY 
2007. These actions are listed below; we are conducting work on those 
actions in the top section of the table under a deadline set by a 
court, actions in the middle section of the table to meet statutory 
timelines, that is, timelines required under the Act, and actions in 
the bottom section of the table are high priority listing actions:

                               Listing Actions Funded but Not completed in FY2007
----------------------------------------------------------------------------------------------------------------
                   Species                                                  Action
----------------------------------------------------------------------------------------------------------------
                               Actions Subject to Court Order/Settlement Agreement
----------------------------------------------------------------------------------------------------------------
Wolverine...................................  12-month petition finding (remand).
Western sage grouse.........................  90-day petition finding (remand).
Queen Charlotte goshawk.....................  Final listing determination.
Rio Grande cutthroat trout..................  Candidate assessment (remand).
----------------------------------------------------------------------------------------------------------------
                                            Statutory Listing Actions
----------------------------------------------------------------------------------------------------------------
Polar bear..................................  Final listing determination.
Ozark chinquapin............................  90-day petition finding.
Kokanee.....................................  90-day petition finding.
Black-footed albatross......................  90-day petition finding.
Tucson shovel-nosed snake...................  90-day petition finding.

[[Page 69054]]

 
Gopher tortoise--Florida population.........  90-day petition finding.
Sacramento valley tiger beetle..............  90-day petition finding.
Eagle lake trout............................  90-day petition finding.
Smooth billed ani...........................  90-day petition finding.
Mojave ground squirrel......................  90-day petition finding.
Gopher tortoise--eastern population.........  90-day petition finding.
Bay Springs salamander......................  90-day petition finding.
Tehachapi slender salamander................  90-day petition finding.
Coaster brook trout.........................  90-day petition finding.
Mojave fringe-toed lizard...................  90-day petition finding.
Evening primrose............................  90-day petition finding.
Palm Springs pocket mouse...................  90-day petition finding.
Northern leopard frog.......................  90-day petition finding.
Mountain whitefish--Big Lost River            90-day petition finding.
 population.
Giant Palouse earthworm.....................  90-day petition finding.
Shrike, Island loggerhead...................  90-day petition finding.
Cactus ferruginous pygmy owl................  90-day petition finding.
----------------------------------------------------------------------------------------------------------------
                                          High Priority Listing Actions
----------------------------------------------------------------------------------------------------------------
3 Southeastern aquatic species..............  Proposed listing
2 Oahu plants...............................  Proposed listing
31 Kauai species............................  Proposed listing
4 Hawaiian damselflies......................  Proposed listing
Phyllostegia hispida........................  Proposed listing
----------------------------------------------------------------------------------------------------------------

    We also funded work on resubmitted petitions findings for 203 
candidate species and 5 listed species (species petitioned prior to the 
last CNOR). Note we have not updated our resubmitted petition finding 
for the Columbia Basin population of the greater sage-grouse in this 
notice as we are considering new information and will update our 
findings at a later date. We also have not updated our resubmitted 
petition findings for the 41 candidate species for which we are 
preparing proposed listing determinations, which will be published at a 
later date (see summaries below). As explained above, these resubmitted 
petition findings are required by statute, and findings for these 203 
candidates and 5 listed species are being published as part of this 
CNOR. We also funded revised 12-month petition findings for 4 candidate 
species that we are removing from candidate status, which are being 
published as part of this CNOR (see Summary of Candidate Removals). We 
are also funding work on the next annual review of those resubmitted 
petition findings, which will be published as part of the next CNOR. 
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.
    We have endeavored to make our listing actions as efficient and 
timely as possible, given the requirements of the relevant law and 
regulations, and constraints relating to workload and personnel. We are 
continually considering ways to streamline processes or achieve 
economies of scale, such as by batching related actions together. Given 
our limited budget for implementing section 4 of the Act, these 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, we have a separate 
budgeted program, the Candidate Conservation program, which 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. If sufficiently 
successful, this eliminates the need to list them, allowing us to 
remove them from the candidate list. 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 actively engaged in the conservation of these 
species and have, to-date, signed more than 100 Candidate Conservation 
Agreements and 16 Candidate Conservation Agreements with Assurances. We 
are implementing these voluntary conservation agreements for more than 
140 species covering 5 million acres of habitat.
    Through sustained implementation of strategically designed 
conservation efforts, we are actively working to conserve many 
candidate species. In some instances, this culminates in making listing 
unnecessary for species that are proposed or candidates for listing. 
Recent examples include the Cow Head tui chub, Beaver Cave beetle, 
Surprising Cave beetle, and Warm Spring zaitzevian riffle beetle.

Findings for Petitioned Candidate Species

    For our revised 12-month petition findings for species we are 
removing from candidate status, see summaries above under ``Summary of 
Candidate Removals.''

Mammals

    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

[[Page 69055]]

distribution, primarily in the tropics. The Pacific sheath-tailed bat 
was once common and widespread in Polynesia and Micronesia and it is 
the only insectivorous bat recorded from a large part of this area. The 
species as a whole (E. semicaudata) occurred on several of the Caroline 
Islands (Palau, Chuuk, and Pohnpei), Samoa (Independent and American), 
the Mariana Islands (Guam and the CNMI), Tonga, Fiji, and Vanuatu. 
While populations appear to be healthy in some locations, mainly in the 
Caroline Islands, they have declined drastically in other areas, 
including Independent and American Samoa, the Mariana Islands, Fiji, 
and possibly Tonga. Scientists recognize four subspecies: E. s. 
rotensis, endemic to the Mariana Islands (Guam and the Commonwealth of 
the Northern Mariana Islands (CNMI)); E. s. sulcata, occurring in Chuuk 
and Pohnpei; E. s. palauensis, found in Palau; and E. s. semicaudata, 
occurring in American and Independent Samoa, Tonga, Fiji, and Vanuatu. 
This candidate assessment form addresses the distinct population 
segment 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, where surveys 
are currently ongoing to ascertain its status. The factors that have 
led to the decline of this subspecies are poorly understood; however, 
current threats to this subspecies 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. The Pacific sheath-tailed bat may 
also by susceptible to disturbance to roosting caves. The LPN for E. s. 
semicaudata is 3, because the magnitude of the threats is high, the 
threats are imminent, and the taxon in question is a distinct 
population segment of a subspecies.
    Pacific Sheath-tailed Bat (Emballonura semicaudata rotensis), Guam 
and the Commonwealth of the Northern Mariana Islands--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
This small bat is a member of the Emballonuridae, an Old World bat 
family that has an extensive distribution, primarily in the tropics. 
The Pacific sheath-tailed bat was once common and widespread in 
Polynesia and Micronesia and it is the only insectivorous bat recorded 
from a large part of this area. The species as a whole (E. semicaudata) 
occurred on several of the Caroline Islands (Palau, Chuuk, and 
Pohnpei), Samoa (Independent and American), the Mariana Islands (Guam 
and the CNMI), Tonga, Fiji, and Vanuatu. While populations appear to be 
healthy in some locations, mainly in the Caroline Islands, they have 
declined drastically in other areas, including Independent and American 
Samoa, the Mariana Islands, Fiji, and possibly Tonga. Scientists 
recognize four subspecies: E. s. rotensis, endemic to the Mariana 
Islands (Guam and the Commonwealth of the Northern Mariana Islands 
(CNMI)); E. s. sulcata, occurring in Chuuk and Pohnpei; E. s. 
palauensis, found in Palau; and E. s. semicaudata, occurring in 
American and Independent Samoa, Tonga, Fiji, and Vanuatu. This 
candidate assessment form addresses the Mariana Islands subspecies. 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 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 may be 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. The LPN 
for E. s. rotensis remains at 3 because the magnitude of the threats is 
high, the threats are imminent, and the taxon in question is a 
subspecies.
    New England cottontail (Sylvilagus transitionalis)--The following 
summary is based on information from our files and information 
collected during the public comment period on the 90-day petition 
finding. We received the petition on August 30, 2000. The 90-day 
finding was published on June 30, 2004 (69 FR 39395).
    The New England cottontail (NEC) is a medium to large-sized 
cottontail rabbit that may reach 1,000 grams in weight, and is one of 
two species within the genus Sylvilagus occurring in New England. New 
England cottontails are considered habitat specialists, in so far as 
they are dependent upon early-successional habitats typically described 
as thickets. The species is the only endemic cottontail in New England. 
Historically, the NEC ranged from southeastern New York (east of the 
Hudson River) north through the Champlain Valley, southern Vermont, the 
southern half of New Hampshire, southern Maine and south throughout 
Massachusetts, Connecticut and Rhode Island. The current range of the 
NEC has declined substantially and occurrences have become increasingly 
separated. The species' distribution is fragmented into five apparently 
isolated metapopulations in about 14 percent of the species' historic 
range. The area occupied by the cottontail has contracted from 
approximately 90,000 sq km to 12,180 sq km. It is estimated that less 
than one third of the occupied sites occur on lands in conservation 
status and fewer than 10 percent are being managed for early 
successional forest species.
    The primary threat to the New England cottontail is loss of habitat 
through succession and alteration. Isolation of occupied patches by 
areas of unsuitable habitat and high predation rates are resulting in 
local extirpation of New England cottontails from small patches. The 
range of the New England cottontail has contracted by 75 percent or 
more since 1960 and current land uses in the region indicate that the 
rate of change, about two 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 in effect to protect the 
habitat; and mortality from predation. Based on threats of high 
magnitude that are imminent, we assigned this species an LPN of 2.
    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 (68 FR 18770). The fisher is a carnivore in the family 
Mustelidae and is the largest member of the genus Martes. Historically, 
the West Coast population of the fisher extended south from British 
Columbia into western Washington and Oregon, and in the North Coast 
Ranges, Klamath-Siskiyou Mountains, and Sierra Nevada in California. 
The fisher is believed to be extirpated or reduced

[[Page 69056]]

to scattered individuals from the lower mainland of British Columbia 
through Washington and in the central and northern Sierra Nevada range 
in California. Native populations of fisher currently occur in the 
North Coast Ranges of California, the Klamath-Siskiyou Mountains of 
northern California and southern Oregon, and in isolated populations 
occurring in the southern Sierra Nevada in California. Descendents of a 
fisher reintroduction effort also occur in the southern Cascade Range 
in Oregon. There is a lack of precise empirical data on West Coast DPS 
fisher numbers. However, there is a lack of detections over much of the 
fisher's historic range, even with standardized survey and monitoring 
efforts in California, Oregon, and Washington. There is also a high 
degree of genetic relatedness within some populations, and populations 
of native fisher in California are separated by four times the species' 
maximum dispersal distance. The above listed factors all indicate that 
the likely extant fisher populations are small and isolated from one 
another.
    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 include: Stand-replacing fire, Sudden Oak Death Phytophthora, 
urban and rural development, recreation development, and highways. 
Major threats to fisher that lead to direct mortality and injury to 
fisher include: Collisions with vehicles; predation; and viral borne 
diseases such as rabies, parvovirus, canine distemper, and Anaplasma 
phagocytophilum. Existing regulatory mechanisms on Federal, State, and 
private lands affect key elements of fisher habitat and do not provide 
sufficient certainty that conservation efforts will be effective or 
will be implemented. The magnitude of threats is high as they occur 
across the range of the DPS resulting in a negative impact on fisher 
distribution and abundance. However, the threats are nonimminent as the 
greatest long-term risks to the fisher in its west coast range are the 
subsequent ramifications of the isolation of small populations, and the 
three remaining areas containing fisher populations appear to be stable 
or not rapidly declining based on recent survey and monitoring efforts. 
Therefore, we assigned an LPN of 6 to this population.
    Mazama pocket gopher (Thomomys mazama ssp. couchi, douglasii, 
glacialis, louiei, melanops, pugetensis, tacomensis, tumuli, 
yelmensis)--The following summary is based on information contained in 
our files. No new information was provided in the petition received 
December 11, 2002. Since publication of our last CNOR, the Brush 
Prairie pocket gopher was recently discovered to have been erroneously 
assigned to another species, T. talpoides douglasii (a northern pocket 
gopher). Mitochondrial DNA analysis determined that it is actually a 
subspecies of T. mazama, thus we are now including this subspecies in 
our candidate list as T. m. douglasii. Seven of these nine subspecies 
of pocket gopher are associated with glacial outwash prairies in 
western Washington (T. m. melanops is found on alpine meadows in 
Olympic National Park, and T. m. douglasii is found in extreme 
southwest Washington). Of these seven subspecies, five are likely still 
extant (couchi, glacialis, pugetensis, tumuli, and yelmensis); two of 
the subspecies (louiei and tacomensis) are likely extinct. Few of these 
glacial outwash prairies remain in Washington today. Historically, such 
prairies were patchily distributed, but the area they occupied was 
approximately 170,000 acres. Now, residential and commercial 
development, and ingrowth of woody and/or nonnative vegetation (often 
due to fire-regime alteration) have further reduced their extent of 
suitable habitats. In addition, development in or adjacent to these 
prairies has likely increased predation on Mazama pocket gophers by 
dogs and cats.
    The magnitude of threat is high due to populations with patchy and 
isolated distributions in habitats highly desirable for development and 
subject to a wide variety of human activities that permanently alter 
the habitat. The threat of invasive plant species to the quality of a 
highly specific habitat requirement is high and constant. There are few 
known populations of each subspecies. A limited dispersal capability 
and the loss and degradation of additional patches of appropriate 
habitat will further isolate populations and increase their 
vulnerability to extinction. Loss of any of the subspecies will reduce 
the genetic diversity and the likelihood of continued existence of the 
Thomomys mazama subspecies complex in Washington. The threats are 
imminent as they are ongoing. Gravel pits threaten persistence of one 
of the subspecies (Roy Prairie), and the largest populations of two 
other subspecies (Shelton and Olympia) are located on airports with 
planned development. Yelm pocket gophers are also threatened by 
proposed development on Fort Lewis, and ongoing development in Olympia. 
Thus, we assign an LPN of 3 to these subspecies.
    Palm Springs round-tailed ground squirrel (Spermophilus 
tereticaudus chlorus)--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 Palm Springs round-tailed ground squirrel is one 
of four recognized subspecies of round-tailed ground squirrels. The 
range of this squirrel is limited to the Coachella Valley region of 
Riverside County, California. Primary habitat for the Palm Springs 
round-tailed ground squirrel is the dunes and hummocks associated with 
Prosopis glandulosa var. torreyana (honey mesquite) and to a lesser 
extent those dunes and hummocks associated with Larrea tridentata 
(creosote), or other vegetation. Rapid growth of desert cities such as 
Palm Springs and Palm Desert in the Coachella Valley has raised 
concerns about the conservation of the narrowly distributed Palm 
Springs round-tailed ground squirrel. Urban development and drops in 
the groundwater table have eliminated 90 percent of the honey mesquite 
in the Coachella Valley. Furthermore, urban development has fragmented 
habitat occupied by this squirrel thereby isolating populations. The 
high rate of urban development and associated lowering of the 
groundwater table that was likely historically responsible for the high 
losses of honey mesquite sand dune/hummocks habitat continues today. We 
continue to assign the Palm Springs ground squirrel subspecies a 
listing priority of 3 because the threats are ongoing and are of a high 
magnitude as they affect a large portion of its' range.
    Southern Idaho ground squirrel (Spermophilus brunneus endemicus)--
The following summary is based on information contained in our files. 
The southern Idaho ground squirrel is endemic to four counties in 
southwest Idaho; its total known range is approximately 425,630 
hectares (1,051,752 acres). Threats to southern Idaho ground squirrels 
include: habitat deterioration and fragmentation; direct killing from 
shooting, trapping, or poisoning; predation; competition with Columbian 
ground squirrels; and inadequacy of existing regulatory mechanisms. 
Habitat deterioration 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, and 
have altered the fire regime in a perpetuating cycle throughout much of 
the range. Habitat deterioration, destruction, and

[[Page 69057]]

fragmentation are thought to have resulted in the current patchy 
distribution of southern Idaho ground squirrels. Based on recent 
genetic work, southern Idaho ground squirrels are subject to more 
genetic drift and inbreeding than expected. Cost effective methods of 
habitat restoration are currently unknown for southern Idaho ground 
squirrels. Two Candidate Conservation Agreements with Assurances 
(CCAAs) have been completed for this species, both of which allow 
agency access for population and habitat surveys and habitat 
enhancement/restoration work. The magnitude of threat is moderate for 
this species because habitat degradation remains the primary threat to 
the species in some areas where the species is found. While some 
habitat restoration has taken place, restoration has not yet occurred 
on a meaningful scale to further reduce the magnitude or eliminate this 
threat. The immediacy of the threat is imminent for this species due to 
the ongoing threat from the prevalence and dominance of nonnative 
vegetation and the current patchy distribution of the species. Thus, we 
assign an LPN of 9 to this subspecies.
    Washington ground squirrel (Spermophilus washingtoni)--The 
following summary is based on information contained in our files and in 
the petition we received on March 2, 2000. The Washington ground 
squirrel is one of the smallest members of the subgenus Spermophilus 
and is found within the shrub-steppe habitat of the Columbia Basin 
ecosystem of Oregon and Washington. The soil types used by the 
squirrels are distributed sporadically within the species' range, and 
have been significantly fragmented by human development in the Columbia 
Basin. Approximately two-thirds of the Washington ground squirrel's 
total historical range has been converted to agriculture. When 
agriculture occurs, little evidence of ground squirrel use has been 
documented, and reports indicate that agriculture (along with other 
development) continues to eliminate Washington-ground-squirrel habitat 
in portions of its range.
    Most remaining habitat is threatened by the occurrence and spread 
of nonnative species, particularly cheatgrass. Nonnative plants 
threaten squirrels by out-competing native plants, thereby altering 
available cover, food quantity and quality, and altering fire 
intervals. The ultimate effects of cheatgrass invasion on this species 
are not fully understood. While Washington ground squirrels eat 
cheatgrass, it is not likely a viable long-term dietary option since 
cheatgrass populations are unstable during drought and cheatgrass 
contains large amounts of indigestible silica which may make it a poor 
nutrition source. Fire recurrence intervals typically switch from 20-
100 years in sagebrush-grassland ecosystems to 3-5 years in cheatgrass-
dominant sites. Increased fire occurrence reduces native bunchgrass and 
shrub cover (by competition or preventing the re-establishment of shrub 
cover) and allows exotic species to further out-compete native species.
    The most contiguous, least-disturbed expanse of suitable 
Washington-ground-squirrel habitat within the species' range occurs on 
the Boeing site and Naval Weapons Training Facility near Boardman, 
Oregon. In Washington, the largest expanse of known suitable habitat 
occurs on State and Federal land. In Washington, recent declines in 
some colonies have been precipitous for unknown (possibly weather-
related) reasons. Recent surveys have located additional sites in 
Washington and Oregon. However, detections are primarily located in the 
three disjunct metapopulations, indicating that fragmentation and 
increased vulnerability to natural and man-made factors is still a 
widespread threat. In Oregon, some threats are addressed by the State 
listing of this species, and by the recently signed Threemile Canyon 
Farms Multi-Species Candidate Conservation Agreement with Assurances 
(Agreement).
    Current threats to the long-term persistence of this species 
include the following: historical and current habitat loss from the 
conversion of habitat to agriculture and other development, habitat 
fragmentation, limited dispersal corridors, recreational shooting, 
genetic isolation and drift, spread of nonnative species, and 
predation. Potential threats include disease, drought, and possible 
competition with related ground-squirrel species in disturbed habitat 
at the periphery of their range. While there are a variety of 
conservation actions and research activities, they do not address all 
of the threats throughout the species' range. Due to the widespread 
current and potential threats to the species we conclude the magnitude 
of threats remains high. Because the Agreement addressed the imminent 
loss of a large portion of habitat to agriculture, and because there 
are no other known, large-scale efforts to convert suitable habitat to 
agriculture, the threats, overall, are nonimminent. We, therefore, kept 
the LPN at 5.

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. P. tabuensis is a small, dark, cryptic rail found in wetlands and 
rank scrub or forest in the Philippines, Australia, Fiji, Tonga, 
Society Islands, Marquesas, Independent Samoa, and American Samoa (Ofu, 
Tau). The genus Porzana is widespread in the Pacific, where it is 
represented by numerous island-endemic and flightless species (many of 
which are extinct as a result of anthropogenic disturbances) as well as 
several more cosmopolitan species, including P. tabuensis. No 
subspecies of P. tabuensis are recognized. The American Samoa 
population is the only population of spotless crakes under U.S. 
jurisdiction. The available information indicates that distinct 
populations of the spotless crake, a species not noted for long-
distance dispersal, are definable. The population of spotless crakes in 
American Samoa is discrete in relation to the remainder of the species 
as a whole, which is distributed in widely separated locations. 
Although the spotless crake (and other rails) have dispersed widely in 
the Pacific, island rails have tended to reduce or lose their power of 
flight over evolutionary time and so become isolated (and vulnerable to 
terrestrial predators such as rats). The population of this species in 
American Samoa is therefore distinct based on geographic and 
distributional isolation from spotless crake populations on other 
islands in the oceanic Pacific, the Philippines, and Australia. The 
American Samoa population of the spotless crake links the Central and 
Eastern Pacific portions of the species' range. The loss of this 
population could cause an increase of roughly 500 miles (805 
kilometers) in the disjunction 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 which warrants review for listing under 
the Act.
    Threats to this species have not changed over the past year. The 
population in American Samoa is threatened by small population size, 
limited distribution, predation by nonnative mammals, continued 
development of wetland habitat, and natural catastrophes such as 
hurricanes.

[[Page 69058]]

The co-occurrence of a known predator of ground-nesting birds, the 
Norway rat (Rattus norvegicus), and the only known population of the 
spotless crake under U.S. jurisdiction, along with the extremely 
restricted observed distribution and low numbers, indicate that the 
American Samoa distinct population segment of this species continues to 
merit status as a candidate for listing. Based on our assessment of 
existing information about the imminence and high magnitude of these 
threats, we assigned the spotless crake an LPN of 3.
    Kauai creeper (Oreomystis bairdi)--We have not updated our 
candidate assessment for this species as we are currently developing a 
proposed listing rule.
    Yellow-billed cuckoo, western U.S. DPS (Coccyzus americanus)--The 
following summary is based on information contained in our files and 
the petition we received on February 9, 1998. See also our 12-month 
petition finding published on July 25, 2001 (66 FR 38611). The yellow-
billed cuckoo is a medium-sized bird of about 12 inches (30 
centimeters) in length with a slender, long-tailed profile and a fairly 
stout and slightly down-curved bill. Plumage is grayish-brown above and 
white below, with rufous primary flight feathers with the tail feathers 
boldly patterned with black and white below. Western cuckoos breed in 
large blocks of riparian habitats (particularly woodlands with 
cottonwoods (Populus fremontii) and willows (Salix sp.). Dense 
understory foliage appears to be an important factor in nest site 
selection, while cottonwood trees are an important foraging habitat in 
areas where the species has been studied in California. We consider the 
yellow-billed cuckoos that occur in the western United States as a 
distinct population segment (DPS). The area for this DPS is west of the 
crest of the Rocky Mountains.
    The threats currently facing the yellow-billed cuckoo include 
habitat loss, cattle grazing, and pesticide application. Principal 
causes of riparian habitat losses are conversion to agricultural and 
other uses, dams and river flow management, stream channelization and 
stabilization, and livestock grazing. Available breeding habitats for 
cuckoos have also been substantially reduced in area and quality by 
groundwater pumping and the replacement of native riparian habitats by 
invasive nonnative plants, particularly tamarisk. Overuse by livestock 
has been a major factor in the degradation and modification of riparian 
habitats in the western United States. The effects include changes in 
plant community structure and species composition and in relative 
abundance of species and plant density. These changes are often linked 
to more widespread changes in watershed hydrology. Livestock grazing in 
riparian habitats typically results in reduction of plant species 
diversity and density, especially of palatable broadleaf plants like 
willows and cottonwood saplings, and is one of the most common causes 
of riparian degradation. In addition to destruction and degradation of 
riparian habitats, pesticides may affect cuckoo populations. In areas 
where riparian habitat borders agricultural lands, e.g., in 
California's central valley, pesticide use may indirectly affect 
cuckoos by reducing prey numbers, or by poisoning nestlings if sprayed 
directly in areas where the birds are nesting. We retain an LPN of 3 
for the yellow-billed cuckoo due to imminent threats of a high 
magnitude.
    Friendly ground-dove, American Samoa DPS (Gallicolumba stairi 
stairi)--See above in ``Summary of Listing Priority Changes in 
Candidates.'' The above summary is based on information contained in 
our files. No new information was provided in the petition we received 
on May 11, 2004.
    Streaked horned lark (Eremophila alpestris strigata)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on December 11, 
2002. The streaked horned lark occurs in Washington and Oregon, and is 
thought to be extirpated in British Columbia, Canada. In Washington, 
surveys show that there are approximately 330 remaining breeding birds. 
In Oregon, the breeding population is estimated to be approximately 400 
birds.
    The streaked horned lark's breeding habitat continues to be 
threatened by loss and degradation due to conversion of native 
grasslands to other uses (such as agriculture, homes, recreational 
areas, and industry), encroachment of woody vegetation, and invasion of 
nonnative plant species (e.g., Scot's broom, sod-forming grasses, and 
beachgrasses). Wintering habitats are seemingly few, and susceptible to 
unpredictable conversion to unsuitable over-wintering habitat. Where 
larks inhabit manmade habitats similar in structure to native prairies 
(such as airports, military reservations, agricultural fields, and 
dredge-formed islands), or where they occur adjacent to human 
habitation, they are subjected to a variety of unintentional human 
disturbances such as mowing, recreational and military activities, 
plowing, flooding, and dredge spoil dumping during the nesting season, 
as well as intentional disturbances such as at the McChord Air Force 
Base where falcons and dogs are used to haze the birds in order to 
prevent aircraft collisions. In some areas, landowners have taken steps 
to improve streaked-horned-lark nesting habitat.
    The magnitude of threat is high due to small populations with low 
genetic diversity and patchy and isolated habitats in areas desirable 
for development, many of which remain unsecured. The threat of invasive 
plant species is high and constant, aside from a few restoration sites. 
The numbers of individuals are low and the numbers of populations are 
few. Over-wintering birds are concentrated in larger flocks and subject 
to unpredictable wintering habitat loss (especially in Oregon), 
potentially affecting a large portion of the population at one time. In 
Washington, known populations occur on airports, military bases, 
coastal beaches, and Columbia River islands, where management, training 
activities, recreation, and dredge spoil dumping continue to negatively 
affect streaked-horned-lark breeding and wintering. In Oregon, breeding 
and wintering sites occur on Columbia River islands, in cultivated 
grass fields, grazed pastures, fallow fields, roadside shoulders, 
Christmas tree farms, and wetland mudflats. Such areas continue to be 
subject to negative impacts such as dredge spoil dumping, development, 
plowing, mowing, pesticide and herbicide applications, trampling, 
vehicle traffic, and recreation.
    The threats are imminent due to the continued loss of suitable lark 
habitat, risks to the wintering populations, plans for development on 
and adjacent to several of its nesting areas, use of falcons and dogs 
to haze breeding birds at McChord AFB, planned and/or continued 
expansions of the McChord AFB West Ramp and Olympia Airport, and annual 
Air Force military training and fire-bombing on top of lark nesting 
habitat. We continue to assign an LPN of 3 to this species.
    Red knot (Calidris canutus rufa)--The following summary is based on 
information from our files and information provided by petitioners. We 
received one petition on August 9, 2004, and two others were each 
received on August 5, 2005. The rufa subspecies is one of six 
recognized subspecies of red knot and one of three subspecies occurring 
in North America (hereafter all mention of red knot refers strictly to 
the rufa subspecies). This subspecies makes one of the longest distance

[[Page 69059]]

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. Surveys at wintering areas 
and at Delaware Bay during spring migration indicate a substantial 
decline in recent years. At the Delaware Bay area, peak counts between 
1982 and 1998 were as high as 95,360 knots. Although counts may vary 
considerably between years, some of the population fluctuations can be 
attributed to predator-prey cycles in the breeding grounds, and counts 
show that knots rebound from such reductions. In the past, horseshoe 
crab eggs were so numerous that a knot could eat enough in two to three 
weeks to double its weight. Research shows that from 1997 to 2002 an 
increasing 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. Recently, peak counts at the Delaware 
Bay area have been lower than in the past and do not show a rebound. 
The peaks were 13,315 in 2004, 15,345 in 2005, and 13,455 in 2006. 
Counts in recent years at the principal wintering areas in South 
America also are substantially lower than in the past and do not show a 
rebound.
    The primary factor threatening the red knot is 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 
1990's. Since 1999, a series of timing restrictions and substantially 
lower harvest quotas have been adopted by the Atlantic States Marine 
Fisheries Commission (ASMFC), as well as New Jersey and Delaware. In 
May 2006, the ASMFC adopted restrictions effective from October 1, 
2006, to September 30, 2008, including a prohibition on harvest and 
landing of horseshoe crabs in New Jersey and Delaware from January 1 
through June 7, harvest of males only from June 8 through December 31, 
and harvest limited to no more than 100,000 horseshoe crabs per state 
per year. The ASMFC also adopted other restrictions applicable to 
Maryland and Virginia. New Jersey has established restrictions which 
supersede those of the ASMFC; as a result there is a moratorium on all 
horseshoe crab harvest in New Jersey from May 15, 2006 through June 7, 
2008, after which the restrictions adopted by ASMFC apply. In February 
2007, Delaware imposed a two-year moratorium, effective January 1, 
2007, on harvest of horseshoe crabs within Delaware lands or waters. In 
June 2007, following litigation by two businesses involved in the 
harvesting and sale of horseshoe crabs, Delaware's moratorium was 
overturned. Consequently Delaware developed regulations allowing for a 
male-only horseshoe crab harvest, consistent with restrictions adopted 
by ASMFC. The reductions in commercial harvest since 1999 are 
substantial: 726,660 horseshoe crab landings for bait were reported in 
1999 in Delaware and New Jersey, compared to 173,177 in 2004. However, 
we do not know whether horseshoe crab populations will rebuild or how 
long a lag time there may be in increased availability of eggs, as they 
need 8 to 10 years to reach sexual maturity and other key information 
for estimating population response is lacking. A survey in Delaware Bay 
showed spawning activity was stable or slightly declining from 1999 to 
2004. In 2004, availability of horseshoe crab eggs on principal 
shorebird foraging beaches increased over recent years. The peak number 
of migrant red knots observed at Delaware Bay increased slightly in 
2005 compared to 2004, and in 2006 the peak count was similar to that 
in 2004. Also, body weights of red knots at the time of departure from 
Delaware Bay improved in 2005 over previous years. Counts of red knots 
at key wintering areas in South America, although much reduced from the 
past, were similar in 2007 to the counts in 2006 and 2005. Thus in 
recent years the number of knots has been much lower than in the past 
and the trend in the abundance is not improving despite a four-fold 
reduction in horseshoe crab landings since the late 1990s.
    Other identified threat factors include habitat destruction due to 
beach erosion and various shoreline protection and stabilization 
projects that are impacting 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 make the species vulnerable 
to potential large-scale events in those areas such as oil spills or 
severe weather. Overall, we conclude that the major threat, the 
modification of habitat through harvesting of horseshoe crabs to such 
an extent that it puts the viability of the knot at substantial risk, 
is of a high magnitude, but is nonimminent because of reductions and 
restrictions on harvesting horseshoe crabs. Based on nonimminent 
threats of a high magnitude, we retain an LPN of 6 for this subspecies.
    Kittlitz's murrelet (Brachyramphus brevirostris)--See above in 
``Summary of Listing Priority Changes in Candidates.'' The above 
summary is based on information contained in our files and the petition 
we received on May 9, 2001.
    Xantus's murrelet (Synthliboramphus hypoleucus)--See above in 
``Summary of Listing Priority Changes in Candidates.'' The above 
summary is based on information contained in our files and the petition 
we received on April 16, 2002.
    Lesser prairie-chicken (Tympanuchus pallidicinctus)--The following 
summary is based on information contained in our files and the petition 
received on October 5, 1995. Additional information can be found in the 
12-month finding published on June 7, 1998 (63 FR 31400). Biologists 
estimate that the occupied range has declined by 92 percent since the 
1800s. The most serious threats to the lesser prairie-chicken are loss 
of habitat from conversion of native rangelands to introduced forages 
and cultivation, cumulative habitat degradation caused by severe 
grazing, woody plant invasion of open prairies, fire suppression, 
herbicides, and habitat fragmentation caused by structural and 
transportation developments. Many of these threats may exacerbate the 
normal effects of periodic drought on lesser prairie-chicken 
populations. In many cases, the remaining suitable habitat has become 
fragmented by the spatial arrangement of these individual threats. 
Habitat fragmentation can be a threat to the species through several 
mechanisms: remaining habitat patches may become smaller than necessary 
to meet the requirements of individuals and populations, necessary 
habitat

[[Page 69060]]

heterogeneity may be lost to areas of homogeneous habitat structure, 
areas between habitat patches may harbor high levels of predators or 
brood parasites, and the probability of recolonization decreases as the 
distance between suitable habitat patches expands.
    Based on all currently available information, we find that ongoing 
threats to the lesser prairie-chicken, as outlined in the 12-month 
finding, remain unchanged and lesser prairie-chickens continue to 
warrant federal listing as threatened. We have determined that the 
overall magnitude of threats to the lesser prairie-chicken throughout 
its range is moderate, and that the threats are ongoing and thus, 
imminent. Consequently, an LPN of 8 remains appropriate for the 
species.
    Greater sage-grouse, Columbia Basin DPS (Centrocercus 
urophasianus)--We have not updated our finding with regard to the 
Columbia Basin DPS of the greater sage-grouse in this notice. 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 western sage-grouse (C. u. phaios). Pursuant to Service policy (61 
FR 4722), on May 7, 2001, we concluded that listing the Columbia Basin 
DPS of western sage-grouse, which was historically found in northern 
Oregon and central Washington, was warranted, but precluded by higher 
priority listing actions (66 FR 22984). In the May 4, 2004, notice, we 
found that a listing proposal for this DPS was still warranted but 
precluded by higher priorities, and maintained its LPN of 6. In the 
intervening time, the Service received two petitions requesting the 
listing of the entire ranges of the nominal western and eastern 
subspecies of greater sage-grouse, dated January 24 and July 3, 2002, 
respectively. However, based on communications with recognized sage-
grouse experts, disagreement as to the validity of an eastern and 
western subspecies of sage-grouse existed. Due to this disagreement in 
the scientific community, the Service evaluated the available 
information with regard to our section 4 listing responsibilities under 
the Endangered Species Act (USFWS 1992). The Service subsequently 
concluded that the eastern and western subspecies designations for 
greater sage-grouse are inappropriate given current taxonomic standards 
(68 FR 6500 and 69 FR 933). The Institute for Wildlife Protection filed 
a court complaint, dated June 6, 2003, challenging the merits of the 
90-day finding. On August 10, 2004, a U.S. District Court judge issued 
an order in favor of the USFWS and dismissing the plaintiff's case. An 
appeal, dated November 24, 2004, was filed by the Institute for 
Wildlife Protection regarding this decision. On March 3, 2006, the 9th 
Circuit Court remanded the finding back to the Service to revisit the 
90-day finding regarding the conclusion that the western sage-grouse is 
not a subspecies. The Court did uphold that the petitioned population 
(western sage-grouse) does not constitute a DPS. We will publish an 
updated finding addressing the Columbia Basin DPS in the Federal 
Register following our assessment of the remand.
    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 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 across which 
exist 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.
    The band-rumped storm-petrel probably was common on all of the main 
Hawaiian Islands when Polynesians arrived about 1,500 years ago, based 
on storm-petrel bones found in middens on the island of Hawaii and in 
excavation sites on Oahu and Molokai. Nesting colonies of this species 
in the Hawaiian Islands currently are restricted to remote cliffs on 
Kauai and Lehua Island and high-elevation lava fields on Hawaii. 
Vocalizations of the species were heard in Haleakala Crater on Maui as 
recently as 2006; however, no nesting sites have been located on the 
island to date. The significant reduction in numbers and range of the 
band-rumped storm-petrel is due primarily to predation by nonnative 
predators introduced by humans, including the domestic cat (Felis 
catus), small Indian mongoose (Herpestes auropunctatus), common barn 
owl (Tyto alba), black rat (R. rattus), Polynesian rat (Rattus 
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 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 underway 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. Based on the 
imminent threats of a high magnitude, 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. The elfin-woods 
warbler is a small entirely black and white warbler, distinguished by 
its white eyebrow stripe, white patches on ear covers and neck, 
incomplete eye ring, and black crown. Dendroica angelae was at first 
thought to occur only in the high elevation dwarf or elfin forests, but 
it has since been found at lower elevations, including shade coffee 
plantations and secondary forests. Dendroica angelae builds a compact 
cup nest, usually close to the trunk and well hidden among the 
epiphytes of a small

[[Page 69061]]

tree, and its breeding season extends from March to June. This species 
forages in the middle part of trees, gleaning insects from leaves in 
the outer portion of the tree crown. Dendroica angelae 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 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 Caribbean National Forest, but only 
detected the species in the latter two. Biologist recorded 778 elfin-
woods warblers in the Maricao Commonwealth Forest, and 196 elfin-woods 
warblers in the Caribbean National Forest.
    Habitat destruction from expansion of public facilities within the 
forests, potential construction of additional telecommunication towers 
and their maintenance, disruption of breeding activities from 
pedestrians and high human use areas, switching from shade to sun 
coffee plantations, timber management practices, potential predators, 
and catastrophic natural events such as hurricanes and forest fires, 
threaten this species. Although these threats are not imminent, because 
most of the range of Dendroica angelae is within protected lands the 
magnitude of threat to Dendroica angelae is considered high, due to its 
restricted distribution and low population numbers. Therefore, we 
assign an LPN of 5 to this species.

Reptiles

    Sand dune lizard (Sceloporus arenicolus)--The following summary is 
based on information contained in our files and in the petition we 
received June 6, 2002. The sand dune lizard is endemic to a small area 
in southeastern New Mexico (Chaves, Eddy, Lea, and Roosevelt Counties) 
and adjacent west Texas (Andrews, Crane, Gaines, Ward, and Winkler 
Counties). Within this area, the known occupied and potentially 
occupied habitat is only 1,697 square kilometers (655 square miles) in 
New Mexico, and an area of unknown size in west Texas. The sand dune 
lizard's distribution is localized and fragmented (i.e., known 
populations are separated by vast areas of unoccupied habitat), and the 
species is restricted to sand dune blowouts associated with active sand 
dunes and shinnery oak (Quercus harvardii) and scattered sandsage 
(Artemisia filifolia) vegetation. Sand dune lizards are not found at 
sites lacking shinnery oak dune habitat.
    It is clear that shinnery oak removal (e.g., by treating with the 
herbicide Tebuthiuron for livestock range improvements) results in 
dramatic reductions and extirpation of sand dune lizards. Scientists 
repeatedly confirmed the extirpation of sand dune lizards from areas 
with herbicide treatment to remove shinnery oak. In 1999, biologists 
estimated that about 25 percent of the total sand dune lizard habitat 
in New Mexico had been eliminated in the previous 10 years. The 
population of sand dune lizards has also been affected by oil and gas 
field development. An estimated 50-percent decline in sand dune lizard 
populations can be expected in areas with approximately 25 to 30 oil 
and/or gas wells per section. Because the distribution of sand dune 
lizards is localized and fragmented, and this species is a habitat 
specialist, impacts to its habitat will most likely greatly decrease 
populations. If current herbicide application continues and oil and gas 
development progresses as expected, the magnitude of threat to sand 
dune lizards will increase. Continued pressure to develop oil and gas 
resources in areas with sand dune lizards poses an imminent threat to 
the species. Therefore, we continue to assign this species an LPN of 2.
    Eastern massasauga (Sistrurus catenatus catenatus)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition received on May 11, 2004. The 
eastern massasauga is one of three recognized subspecies of massasauga. 
It is a small, thick-bodied rattlesnake that occupies shallow wetlands 
and adjacent upland habitat in portions of Illinois, Indiana, Iowa, 
Michigan, Minnesota, Missouri, New York, Ohio, Pennsylvania, Wisconsin, 
and Ontario.
    Although the current range of S. c. catenatus resembles the 
subspecies' historical range, the geographic distribution has been 
restricted by the loss of the subspecies from much of the area within 
the boundaries of that range. Approximately 40 percent of the counties 
that were historically occupied by S. c. catenatus no longer support 
the subspecies. S. c. catenatus is currently considered imperiled in 
every State and province which it occupies. Each State and Canadian 
province across the range of S. c. catenatus has lost more than 30 
percent, and for the majority more than 50 percent, of their historical 
populations. Furthermore, less than 35 percent of the remaining 
populations are considered secure. Approximately 59 percent of the 
remaining S. c. catenatus populations occur wholly or in part on public 
land, and Statewide and/or site-specific Candidate Conservation 
Agreements with Assurances (CCAAs) are currently being developed for 
many of these areas in Iowa, Illinois, Michigan, and Wisconsin. In 
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. Populations soon to be under CCAs and 
CCAAs have a high likelihood of persisting and remaining viable. Other 
populations are likely to suffer additional losses in abundance and 
genetic diversity and some will likely be extirpated unless threats are 
removed in the near future. Because of the ongoing efforts to protect 
the subspecies through CCAAs, the magnitude of threats from habitat 
modification, habitat succession, incompatible land management 
practices, illegal collection for the pet trade, and human persecution 
is moderate overall, with most imminent threats occurring to remaining 
populations on private lands. Due in large part to the numerous CCAAs 
currently being developed and implemented, we do not believe emergency 
listing is warranted and have kept the LPN at 9 for this subspecies.
    Black pine snake (Pituophis melanoleucus lodingi)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
There are historical records for the black pine snake from one parish 
in Louisiana, 14 counties in Mississippi, and 3 counties in Alabama 
west of the Mobile River Delta. Black pine snake surveys and trapping 
indicate that this species has been extirpated from Louisiana and from 
four counties in Mississippi. Moreover, the distribution of remaining 
populations has become highly restricted due to the destruction and 
fragmentation of the remaining longleaf pine habitat within the range 
of the species. Most of the known Mississippi populations are 
concentrated on the DeSoto National Forest. Populations occurring on 
properties managed by State and other governmental agencies as gopher 
tortoise mitigation banks or wildlife sanctuaries represent the best 
opportunities for long-term survival of the species in Alabama. Other 
factors affecting the black pine snake include vehicular mortality and 
low reproductive rates, which magnify other threats and increase the 
likelihood of local extinctions. Due to the imminent

[[Page 69062]]

threats of high magnitude caused by the past destruction of most of the 
longleaf pine habitat of the black pine snake, and the continuing 
persistent degradation of what remains, we assigned an LPN of 3 to this 
subspecies.
    Louisiana pine snake (Pituophis ruthveni)--See above in ``Summary 
of Listing Priority Changes in Candidates.'' The above summary is based 
on information contained in our files and the petition we received on 
July 19, 2000.
    Sonoyta mud turtle (Kinosternon sonoriense longifemorale)--The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. The Sonoyta mud turtle occurs in a spring and pond at 
Quitobaquito Springs on Organ Pipe Cactus National Monument in Arizona, 
and in the Rio Sonoyta and Quitovac Spring of Sonora, Mexico. Loss and 
degradation of stream habitat from water diversion and groundwater 
pumping, along with its very limited distribution, is the primary 
threat to the Sonoyta mud turtle. Sonoyta mud turtles are highly 
aquatic and depend on permanent water for survival. The area of 
southwest Arizona and northern Sonora where the Sonoyta mud turtle 
occurs is one of the driest regions of the southwest. Due to continuing 
drought, irrigated agriculture, and development in the region, surface 
water in the Rio Sonoyta can be expected to dwindle further. This 
species 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)--See 
above in ``Summary of Listing Priority Changes in Candidates.'' The 
above summary is based on information contained in our files and the 
petition we received on May 1, 1989.
    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).
    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 nonnative 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 Lakes, and 
attempts have been made to remove trout from two sites near Gertrude 
Lake and a tributary of Cole Creek; no data showing increase in 
mountain yellow-legged frogs at these sites was available.
    In California, chytridiomycosis, more commonly known as chytrid 
fungus, 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 is widely distributed throughout 
the Sierra Nevada, and that infected mountain yellow-legged frogs 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 publicly managed 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 2005 surveys in Yosemite National Park 
mountain yellow-legged frogs were not detectable at 37 percent of 113 
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 47 percent of sites where they had been recorded 3-8 years 
earlier. A compounding effect of disease-caused extinctions of mountain 
yellow-legged frogs is that recolonization may never occur, because 
streams connecting extirpated sites to extant populations now contain 
introduced fishes, which act as barriers to frog movement within 
metapopulations. The most recent assessment of the species status in 
the Sierra Nevada indicates that mountain-yellow legged frogs occur at 
less than 8 percent of the sites from which they were historically 
observed. A group of prominent scientists further suggest a 10 percent 
decline per year in the number of remaining Rana mucosa populations and 
urge the listing of the mountain yellow-legged frogs as endangered. 
Based on imminent, high-magnitude threats, 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, changes in hydrology due to 
construction of dams and alterations to seasonal flooding, and poor 
water quality. Additional threats to the species are predation by 
nonnative fish and introduced bullfrogs; competition with bullfrogs for 
habitat; and diseases, such as oomycete water mold Saprolegnia and 
chytrid fungus infections. The magnitude of threat is high for this 
species because the small populations with patchy and isolated 
distributions are subject to a wide range of threats to both 
individuals and their habitats that

[[Page 69063]]

could seriously reduce or eliminate any of these isolated populations 
and further reduce the range of the species. Habitat restoration and 
management actions have not prevented a decline in the reproductive 
rates in some populations. The threats are imminent because each 
population is faced with multiple ongoing and potential threats. 
Therefore, we retain an LPN of 2 for the Oregon spotted frog.
    Relict leopard frog (Rana onca)--The following summary is based on 
information contained in our files and the petition we received on May 
9, 2002. Relict leopard frogs are currently known to occur only in two 
general areas in Nevada: near the Overton Arm area of Lake Mead, and 
Black Canyon below Lake Mead. These two areas comprise a small fraction 
of the historical distribution of the species, which included springs, 
streams, and wetlands within the Virgin River drainage downstream from 
the vicinity of Hurricane, Utah; along the Muddy River, Nevada; and 
along the Colorado River from its confluence with the Virgin River 
downstream to Black Canyon below Lake Mead, Nevada and Arizona. 
Suggested factors contributing to the decline of the species include 
alteration of aquatic habitat due to agriculture and water development, 
including regulation of the Colorado River, and the introduction of 
exotic predators and competitors. In 2005, the National Park Service, 
in cooperation with the Service and various other Federal, State, and 
local partners, developed a conservation agreement and strategy which 
is intended to improve the status of the species through prescribed 
management actions and protection. Conservation actions identified for 
implementation in the agreement and strategy include captive rearing 
tadpoles for translocation and refugium populations, habitat and 
natural history studies, habitat enhancement, population and habitat 
monitoring, and translocation. Conservation is proceeding under the 
agreement; however, additional time is needed to determine whether or 
not the agreement will be effective in eliminating or reducing the 
threats to the point that the relict leopard frog can be removed from 
candidate status. However, because of these conservation efforts the 
magnitude of existing threats is low to moderate. These threats remain 
nonimminent since there are no known projects or actions that would 
adversely affect frog populations or threaten surface water associated 
with known sites occupied by the frog. We assigned an LPN of 11 to this 
species.
    Ozark hellbender (Cryptobranchus alleganiensis bishopi)--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. Since the species was elevated to candidate status in 2001 (66 FR 
54808), the known threats have increased. In particular, the 2006 
discovery of the amphibian disease chytridiomycosis, caused by the 
pathogen Batrachochytrium dendrobatidis, in captive and remaining wild 
populations of the Ozark hellbender has made increased protection vital 
to persistence of this subspecies. Chytridiomycosis has proven fatal to 
several amphibian species worldwide, as well as to Ozark hellbenders in 
captivity. The majority (approximately 75 percent) of captive 
hellbenders at the St. Louis Zoo (St. Louis, Missouri) that have been 
infected with chytridiomycosis have died. Deaths relating to 
chytridiomycosis continue to occur as the St. Louis Zoo staff continues 
to search for an effective way to treat infected animals. Due to the 
incidence of Batrachochytrium dendrobatidis in the St. Louis Zoo 
hellbender population, in 2006 the Missouri Department of Conservation 
began testing wild hellbenders in Missouri for infection of the 
pathogen. Individuals that tested positive for the pathogen were found 
in all three Ozark hellbender rivers in Missouri. Although dead animals 
in the wild have not been seen, animals continue to be seen with 
increasingly severe abnormalities. These abnormalities have not been 
linked conclusively with the presence of Batrachochytrium 
dendrobatidis; however, considering the types of abnormalities 
documented (e.g., lesions, digit and appendage loss, epidermis 
sloughing) researchers believe there is likely a connection. In 
general, researchers have found that abnormalities in Ozark hellbenders 
are becoming increasingly more severe, often to a level that the animal 
is approaching death (e.g., missing digits on all/most limbs, missing 
all/most limbs). Recreational pressures on Ozark hellbender rivers have 
also increased substantially on an annual basis. The Missouri 
Department of Conservation reports that gigging popularity and pressure 
have increased, and present a significant threat to hellbenders during 
the breeding season as they tend to move greater distances and 
congregate in small groups where they are an easy target for giggers. 
Canoe, kayak, and motor/jet boat traffic has increased in recent years 
on the Jacks Fork, Current, Eleven Point, and North Fork Rivers. The 
popularity of these float streams has grown to the point that the 
National Park Service is considering alternatives to reducing the 
number of boats that can be launched daily by concessionaires.
    To date, nothing has been done to reduce or ameliorate ongoing 
threats to Ozark hellbenders. The Ozarks region continues to experience 
rapid urbanization, expansion of industrial agricultural practices such 
as concentrated animal feeding operations (chickens, turkeys, hogs, 
cattle), and logging. No laws are in place to preclude livestock from 
grazing in riparian corridors and resting in or along streams and 
rivers. The majority of the Ozarks region in Missouri and Arkansas is 
comprised of karst topography (caves, springs, sinkholes, and losing 
streams) further complicating the containment and transport of 
potential contaminants. In short, the abundance of waste being 
generated and lack of adequate treatment facilities or practices for 
both human and livestock waste poses a significant and ever increasing 
threat to aquatic ecosystems. The decrease in Ozark hellbender range 
and population size and the shift in age structure are likely due in 
part to a variety of historic and ongoing activities. The primary 
causes of these trends are habitat destruction and modification. Among 
these are impoundment, channelization, and siltation and water quality 
degradation from a variety of sources, including industrialization, 
agricultural runoff, mine waste, and timber harvest. Overutilization of 
hellbenders for commerce and scientific purposes is also likely 
contributing to their decline. The regulations targeting these threats, 
including Clean Water Act and state laws, have not prevented Ozark 
hellbender declines. Finally, most of the remaining Ozark hellbender 
populations are small and isolated, making them vulnerable to 
individual catastrophic events and reducing the likelihood of 
recolonization after localized extinctions. Due to the existence of 
ongoing, high-magnitude threats and the newly documented presence of 
chytridiomycosis, we are deliberating whether emergency listing is 
appropriate for the Ozark hellbender and continue to assign an LPN of 3 
to this subspecies.
    Austin blind salamander (Eurycea waterlooensis)--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 Austin blind 
salamander is known to occur in and around three of the four spring 
sites that comprise the Barton

[[Page 69064]]

Springs complex in the City of Austin, Travis County, Texas.
    Primary threats to this species are degradation of water quality 
and quantity due to expanding urbanization. The Austin blind salamander 
depends on a constant supply of clean water in the Edwards Aquifer 
discharging from Barton Springs for its survival. Urbanization 
dramatically alters the normal hydrologic regime and water quality of 
an area. Increased impervious cover caused by development increases the 
quantity and velocity of runoff that leads to erosion and greater 
pollution transport. Pollutants and contaminants that enter the Edwards 
Aquifer are discharged in salamander habitat at Barton Springs and have 
serious morphological and physiological effects to the salamander. As 
the human population increases in central Texas, greater demand on 
groundwater sources occurs. Increased pumping of the Edwards Aquifer 
can result in reduced springflows that may also have a detrimental 
impact on the salamander.
    The Texas Commission on Environmental Quality adopted the Edwards 
Rules in 1995 and 1997, which require a number of water quality 
protection measures for new development occurring in the recharge and 
contributing zones of the Edwards Aquifer. However, Chapter 245 of the 
Texas Local Government Code permits ``grandfathering'' of state 
regulations. Grandfathering allows developments to be exempted from any 
new local or state requirements for water quality controls and 
impervious cover limits if the developments were planned prior to the 
implementation of such regulations. As a result of the grandfathering 
law, very few developments have followed these ordinances. New 
developments are still obligated to comply with regulations that were 
applicable at the time when project applications for development were 
first filed. In addition, it is significant that even if they were 
followed with every new development, these ordinances do not span the 
entire watershed for Barton Springs.
    Consequently, development occurring outside these jurisdictions can 
have negative consequences on water quality and thus have an impact on 
the species. Despite having the Edwards Rules, as well as other local 
ordinances, in place, 10 years of trend data continues to show that 
water quality at Barton Springs is declining. Because of the limited 
distribution of this species, the magnitude of the threats facing it is 
high. The threats are imminent because urbanization is ongoing and 
continues to expand over the Barton Springs Segment of the Edwards 
Aquifer and water quality continues to degrade. Thus, we retain an LPN 
of 2 for this species.
    Georgetown salamander (Eurycea naufragia)--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 Georgetown salamander is 
known to occur in spring outlets along five tributaries to the San 
Gabriel River and one cave in the City of Georgetown, Williamson 
County, Texas. The Georgetown salamander has a very limited 
distribution and depends on a constant supply of clean water from the 
Northern Segment of the Edwards Aquifer for its survival.
    Primary threats to this species are degradation of water quality 
and quantity due to expanding urbanization. Increased impervious cover 
by development increases the quantity and velocity of runoff that leads 
to erosion and greater pollution transport. Pollutants and contaminants 
that enter the Edwards Aquifer are discharged from spring outlets in 
salamander habitat and have serious morphological and physiological 
effects to the species. As the human population increases in central 
Texas, greater demand on groundwater sources occurs. Increased 
groundwater pumping of the Edwards Aquifer results in reduced 
springflows that may also have a detrimental impact on the salamander.
    The Texas Commission on Environmental Quality adopted the Edwards 
Rules in 1995 and 1997, which require a number of water quality 
protection measures for new development occurring in the recharge and 
contributing zones of the Edwards Aquifer. However, Chapter 245 of the 
Texas Local Government Code permits ``grandfathering'' of State 
regulations. Grandfathering allows developments to be exempted from any 
new local or State requirements for water quality controls and 
impervious cover limits if the developments were planned prior to the 
implementation of such regulations. As a result of the grandfathering 
law, very few developments have followed these ordinances. New 
developments are still obligated to comply with regulations that were 
applicable at the time when project applications for development were 
first filed. In addition, it is significant that even if they were 
followed with every new development, these ordinances do not span the 
entire watershed for the Edwards Aquifer. The Texas Commission on 
Environmental Quality has developed voluntary water quality protection 
measures for development in the Edwards Aquifer region of Texas; 
however, it is unknown if these measures will be implemented or if they 
will be effective in maintaining or improving water quality.
    Development occurring outside the Texas Commission on Environmental 
Quality's jurisdiction can have negative consequences on water quality 
and thus have an impact on the species. Despite having the Edwards 
Rules in place, as well as other local ordinances, 10 years of trend 
data at Barton Springs in Austin, Texas, continues to show that water 
quality is declining. Because of the limited distribution of the 
Georgetown salamander, the magnitude of the threats facing it is high. 
The threats are also imminent because urbanization is ongoing and 
continues to expand over the Northern Segment of the Edwards Aquifer. 
Thus, we retain an LPN of 2 for this species.
    Salado salamander (Eurycea chisholmensis)--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 Salado salamander is 
historically known to occur in two spring sites, Big Boiling Springs 
and Robertson Springs, near Salado, Bell County, Texas. Salamanders 
have not been located at Robertson Springs since 1991.
    Primary threats to this species are habitat modification and 
degradation of water quality and quantity due to expanding 
urbanization. Many of the spring outlets in the City of Salado have 
been modified by dam construction. Because Big Boiling Springs is 
located near Interstate 35 and in the center of the city, increasing 
traffic and urbanization increase threats of contamination from spills, 
higher levels of impervious cover, and subsequent impacts to 
groundwater. Several groundwater contamination incidents have occurred 
within Salado salamander habitat. The Salado salamander depends on a 
constant supply of clean water from the Northern Segment of the Edwards 
Aquifer for its survival. Pollutants and contaminants that enter the 
Edwards Aquifer discharge in salamander habitat and have serious 
morphological and physiological effects to the salamander. As the human 
population increases in central Texas, greater demand on groundwater 
sources occurs. Increased pumping of the Edwards Aquifer can result in 
reduced springflows that may also have a detrimental impact on the 
salamander.
    Controls of nonpoint source pollution in the watershed are 
implemented through the Edwards Rules (water quality protection 
measures for the

[[Page 69065]]

recharge and contributing zones of the Edwards Aquifer) adopted by the 
Texas Commission on Environmental Quality in 1995 and 1997. Although 
implementation of the Edwards Rules in other areas of the Northern 
Segment of the Edwards Aquifer may have the potential to affect 
conditions at spring sites occupied by the Salado salamander, the 
jurisdiction of Texas Commission on Environmental Quality does not 
extend into Bell County. For this reason, compliance with the Edwards 
Rules is not required in this part of the Edwards Aquifer. There are no 
other local or regional water protection measures that have been put in 
place for areas that feed the springs known to be occupied by the 
Salado salamander. Because of the limited distribution of this species, 
the magnitude of the threats facing it is high. The threats are also 
imminent because urbanization is ongoing and contamination events are 
occurring near spring sites known to support Salado salamanders. Thus, 
we retain an LPN of 2 for this species.
    Yosemite toad (Bufo canorus)--The following summary is based on 
information contained in our files and the petition we received on 
April 3, 2000. See also our 12-month petition finding published on 
December 10, 2002 (67 FR 75834). Yosemite toads are moderately sized 
toads with females having black spots, edged with white or cream, that 
are set against a grey, tan or brown background. Males have a nearly 
uniform coloration of yellow-green to olive drab to greenish brown. 
Yosemite toads are most likely to be found in areas with thick meadow 
vegetation or patches of low willows near or in water, and use rodent 
burrows for overwintering and temporary refuge during the summer. 
Breeding habitat includes the edges of wet meadows, slow flowing 
streams, shallow ponds and shallow areas of lakes. The 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 currently facing the Yosemite toad include cattle 
grazing, timber harvesting, recreation, disease, and climate change. 
Inappropriate grazing has shown to cause loss of vegetative cover and 
destruction of peat layers in meadows, which lowers the groundwater 
table and summer flows. This may increase the stranding and mortality 
of tadpoles, or make these areas completely unsuitable for Yosemite 
toads. Grazing can also degrade or destroy moist upland areas used as 
non-breeding habitat by Yosemite toads and collapse rodent burrows used 
by Yosemite toads as cover and hibernation sites. Timber harvesting and 
associated road development could severely alter the terrestrial 
environment and result in the reduction and occasional extirpation of 
amphibian populations in the Sierra Nevada. These habitat gaps 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 recreational users, 
pets, and vehicles could lead to direct mortality of all life stages of 
the Yosemite toad and disrupt their behavior. Various diseases have 
been confirmed in Yosemite toads. Mass die-offs of amphibians have been 
attributed to: Chytrid fungal infections of metamorphs and adults; 
Saprolegnia fungal infections of eggs; iridovirus infection of larvae, 
metamorphs, or adults; and bacterial infections. Yosemite toads 
probably are exposed to a variety of pesticides and other chemicals 
throughout their range. Environmental contaminants could negatively 
affect the species by causing direct mortality; suppressing the immune 
system; disrupting breeding behavior, fertilization, growth or 
development of young; and disrupting the ability to avoid predation. We 
retained an LPN of 11 for the Yosemite toad since the threats are 
nonimminent and moderate to low in magnitude.
    Black Warrior waterdog (Necturus alabamensis)--See above in 
``Summary of Listing Priority Changes in Candidates.'' The above 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004.

Fishes

    Headwater chub (Gila nigra)--The following summary is based on 
information contained in our files and the 12-month finding on a 
petition to list the species we published May 3, 2006 (71 FR 26007). 
The range of the headwater chub has been reduced by approximately 50 to 
60 percent. Approximately 16 streams (125 miles (200 kilometers) of 
stream) are thought to be occupied out of 19 streams (312 miles (500 
kilometers) of stream) formerly occupied in the Gila River Basin in 
Arizona and New Mexico. Remaining populations are fragmented and 
isolated and threatened by a combination of factors.
    Headwater chub are threatened by introductions of nonnative fish 
that prey on them and/or compete with them for food. These nonnative 
fish are difficult to eliminate and, therefore, pose an on-going 
threat. Habitat destruction and modification has occurred and continues 
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 in relation to 
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.
    The Arizona Game and Fish Department has created 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), which is 
in the process of being finalized. The New Mexico Department of Game 
and Fish recently listed the headwater chub as endangered and created a 
recovery plan for the species, Colorado River Basin Chubs (Roundtail 
Chub, Gila Chub (G. intermedia), and Headwater Chub) Recovery Plan, 
which was approved by the New Mexico State Game Commission on November 
16, 2006. Both the Arizona Agreement and the New Mexico Recovery Plan 
recommend preservation and enhancement of extant populations and 
restoration of historical headwater chub populations. The recovery and 
conservation actions prescribed by Arizona and New Mexico plans, which 
we believe will reduce and remove threats to this species, will require 
further discussions and authorizations before they can be implemented. 
However, due to the ongoing high magnitude threats, including loss of 
habitat, degradation of remaining habitat, and others (e.g., nonnative 
species, drought, and fire), we maintain the current LPN of 2 for this 
species.
    Arkansas darter (Etheostoma cragini)--The following summary is 
based on information from our files. No

[[Page 69066]]

new information was provided in the petition we received on May 11, 
2004. The Arkansas darter is a small fish in the perch family native to 
portions of the Arkansas River basin. The species' range includes sites 
in extreme northwestern Arkansas, southwestern Missouri, and 
northeastern Oklahoma, within the Neosho River watershed. It also 
occurs in a number of watersheds and isolated streams in eastern 
Colorado, south-central and southwestern Kansas, and the Cimarron 
watershed in northwest Oklahoma. The species is most often found in 
small spring fed streams with sand substrate and aquatic vegetation. It 
appears stable at most sites where spring flows persist. It has 
declined in areas where spring flows have decreased or been eliminated. 
We estimate that currently there are approximately 145 occurrences of 
the Arkansas darter distributed across the five States; it was found at 
29 of 67 sites sampled in 2005-2006. Major threats to the species 
include stream dewatering resulting from groundwater pumping in the 
western portion of the species' range, and development pressures in 
portions of its eastern range. Spills and runoff from confined animal 
feeding operations also potentially threaten the species range-wide. We 
are retaining an LPN of 11 for the Arkansas darter until we can assess 
more current information.
    Cumberland darter (Etheostoma susanae)--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. Although the 
Cumberland darter was once recorded as abundant, it is now considered 
to be rare and extremely restricted in range known from only 18 
locations in streams in the upper Cumberland River system, above 
Cumberland Falls, in Kentucky and Tennessee. The species inhabits 
shallow water in pools and runs of headwater streams with stable sand, 
silt, or sand-covered bedrock substrata.
    The primary threat to the Cumberland darter is the siltation of 
instream habitats caused by coal mining activities, silvicultural 
practices, road construction, and urban development. The small size and 
range of Cumberland darter populations also make them much more 
susceptible to extirpation from single catastrophic events (such as 
toxic chemical spills) and reduces their ability to recover from 
smaller impacts to their habitat or populations. All surviving 
populations of the Cumberland darter are restricted to short stream 
reaches, with the majority believed to be restricted to less than one 
mile of stream. These occurrences are thought to form six population 
clusters, which are isolated from one another by poor quality habitat, 
impoundments, or natural barriers. Specific information on the threats 
to the current distribution of the Cumberland darter was initiated in 
May 2006 by the Kentucky Department of Fish and Wildlife Resources and 
additional sampling was completed in spring 2007 at approximately 10 to 
15 sites in Kentucky and Tennessee. Collectively, these factors are 
serious and significant impediments to the survival of the Cumberland 
darter; thus these threats are high in magnitude. Federal and state 
water quality laws have reduced water quality threats to some degree, 
and non-point pollution threats and modification of reach geomorphology 
and hydrology are cumulative and gradual. Therefore, these factors are 
nonimminent. Consequently, we have assigned the Cumberland darter a 
listing priority of 5, reflecting a threat magnitude and immediacy of 
high and nonimminent, respectively.
    Pearl darter (Percina aurora)--The following summary is based on 
information from our files. No new information was provided in the 
petition we received on May 11, 2004. 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 two states. Currently, the Pearl darter is 
considered extirpated from the Pearl River drainage and rare in the 
Pascagoula River drainage. Since 1983, the range of the Pearl darter 
has decreased by 55 percent.
    Pearl darters are vulnerable to the cumulative impacts of a variety 
of non-point pollution sources, such as sedimentation and chemicals, 
and also to more localized and concentrated pollution events. The 
steady yet gradual change in river and tributary geomorphology and 
hydrology over time is believed to have an impact on this species. The 
magnitude of threat to this species is high due to their limited and 
disjunct populations and threat due to sedimentation. However, the 
immediacy of the threat is nonimminent since no known projects are 
planned that would have a direct impact on the species, and the decline 
of water quality is slow and gradual. In addition, efforts are underway 
to improve habitat by reducing these threats and to increase and 
augment the numbers of Pearl darters by husbandry. Therefore, we assign 
this species an LPN of 5.
    Rush darter (Etheostoma phytophilum)--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 Rush Darter 
is endemic to upland portions of the Black Warrior River system in 
Alabama where it occurs in shallow headwater streams. This species is 
uncommon and sporadic within its range, as it favors shallow, flowing 
water in spring runs and spring-associated streams with emergent 
vegetation. Only three disjunct populations are known: One in the Clear 
Creek system in Winston County, one in spring-fed tributaries of Turkey 
Creek in Jefferson County; and one population in Little Cove Creek 
(Cove Springs) in Etowah County. The Jefferson County population 
(Turkey Creek), which is located in a large metropolitan area, is 
threatened by urbanization and commercialization of its habitat. 
Siltation from bridge, road, and sewer line construction has been 
recently documented within the Turkey Creek watershed by academic 
researchers and Service biologists.
    The major threat to the Winston County population of rush darters 
is erosion of Mill Creek, Doe and Wildcat Branch, and the cumulative 
increase of sediments caused from gravel roads and roadside ditches. 
Within the past year, biologists have observed increased erosion along 
roads adjacent to Doe and wildcat Branches which resulted in increased 
siltation within those streams. Increases in urbanization, road 
maintenance and silviculture practices contribute to increased 
sedimentation in the watershed. The major threat to the Cove Springs 
population is contamination of the water with chlorine. Efforts are 
underway to improve habitat and water quality; however, at this time 
all populations are being negatively affected by declining water 
quality. The magnitude of threat is high due to the limited number of 
populations, and the threat is imminent because water quality is 
currently declining for all populations. Thus, we assigned an LPN of 2 
to this species.
    Yellowcheek darter (Etheostoma moorei)--The following summary is 
based on information from our files. No new information was provided in 
the petition we received on May 11, 2004. The yellowcheek darter is 
endemic to four headwater tributaries of the Little Red River. It is 
vulnerable to alterations in physical habitat characteristics such as 
the impoundment of Greers Ferry Reservoir, channel maintenance in the 
Archey Fork, increased sedimentation from eroding stream banks and poor 
riparian management, and illegal gravel

[[Page 69067]]

mining. Factors affecting the remaining populations include loss of 
suitable breeding habitat, habitat and water quality degradation, 
population isolation, and severe population declines exacerbated by 
stochastic drought conditions. A 2004-2005 threats assessment by 
Service personnel documented occurrences of the aforementioned 
activities and found 52 sites on the Middle Fork, 28 sites on the South 
Fork, eight sites on Archey Fork, and one site in the Turkey/Beech/
Devils Fork system that are potential contributors to the decline of 
the species. Since the threats assessment was completed, natural gas 
exploration and development in the Fayetteville Shale formation in 
north central Arkansas has also become a primary threat in all 
watersheds and is not addressed by the conservation agreements in place 
or by any regulatory mechanism. The Middle Fork was listed as an 
impaired waterbody by the Arkansas Department of Environmental Quality 
in 2004 due to excessive bacteria and low dissolved oxygen.
    Recent studies have documented significant declines in the numbers 
(60,000 in 1981; 10,300 in 2000) of this fish in the remaining 
populations and further range restriction within the tributaries (130.4 
to 65.0 stream km). As a result, yellowcheek darter numbers had 
declined over a 20 year period by 83 percent in both the Middle Fork 
and South Fork, and 60 percent in the Archey Fork during a 2000 status 
survey. No yellowcheek darters have been found in the Turkey Fork 
between 1999 and 2005; the species has apparently been extirpated in 
that reach. Due to imminent threats of a high magnitude that are not 
currently targeted by conservation actions, we assigned this species an 
LPN of 2.
    Chucky madtom (Noturus crypticus)--The following summary is based 
on information from our files. No new information was provided in the 
petition we received on May 11, 2004. Chucky madtom is a rare catfish 
known from only 15 specimens collected from two Tennessee streams. A 
lone individual was collected in 1940 from Dunn Creek (a Little Pigeon 
River tributary) in Sevier County and 14 specimens have been 
encountered since 1991 in Little Chucky Creek (a Nolichucky River 
tributary) in Greene County. Only 3 specimens have been encountered 
since 1994 from two riffle areas in a short reach of Little Chucky 
Creek. All Little Chucky Creek specimens have been collected from 
stream runs with slow to moderate current over pea gravel, cobble, or 
slab-rock substrates.
    Threats to the chucky madtom include both extrinsic and intrinsic 
factors. Extrinsic factors include potential degradation of water 
quality and breeding and sheltering habitat due primarily to 
agricultural land use practices and secondarily to urban and rural 
development in the watersheds of Little Chucky and Dunn creeks. The 
Service believes that intrinsic factors including the potential 
demographic effects of inbreeding, limited species distribution, 
presumed low number of individuals, and presumed low fecundity and 
short life span characteristic of closely related madtom species pose 
imminent threats to the chucky madtom in its only known extant and 
historic locations. Therefore, we assigned the chucky madtom an LPN of 
2.
    Grotto sculpin (Cottus sp., sp. nov.)--The following summary is 
based on information from our files. No new information was provided in 
the petition we received on May 11, 2004. The Grotto sculpin, a small 
fish, is restricted to two karst areas (limestone regions characterized 
by sink holes, abrupt ridges, caves, and underground streams), the 
Central Perryville Karst and Mystery-Rimstone Karst in Perry County, 
southeast Missouri. Grotto sculpins have been documented in only 5 
caves. The current overall range of the grotto sculpin has been 
estimated to encompass approximately 260 square kilometers (100 square 
miles).
    The small population size and endemism of the grotto sculpin make 
it vulnerable to extinction due to genetic drift, inbreeding 
depression, and random or chance changes to the environment. The 
species' karst habitat is located down-gradient of the city of 
Perryville, Missouri, which poses a potential threat if contaminants 
from this urban area enter cave streams occupied by grotto sculpins. 
Various agricultural chemicals, such as ammonia, nitrite/nitrate, 
chloride, and potassium have been detected at levels high enough to be 
detrimental to aquatic life within the Perryville Karst area. More than 
half of the sinkholes in Perry County contain anthropogenic refuse, 
ranging from household cleansers and sewage to used pesticide and 
herbicide containers. As a result, potential water contamination from 
various sources of point and non-point pollution poses a significant 
threat to the grotto sculpin. Of the 5 cave systems documented to have 
grotto sculpins, populations in one cave system were likely eliminated, 
presumably as the result of point-source pollution. When the cave was 
searched in the spring of 2000, a mass mortality of grotto sculpin was 
noted, and subsequent visits to the cave have failed to document a 
single live grotto sculpin. Thus, the species appears to have suffered 
a 20 percent decrease in the number of populations from the single 
event. Predatory fish such as common carp, fat-head minnow, yellow 
bullhead, green sunfish, bluegill, and channel catfish occur in all of 
the caves occupied by grotto sculpin. These potential predators may 
escape surface farm ponds that unexpectedly drain through sinkholes 
into the underground cave systems and enter grotto sculpin habitat. No 
regulatory mechanisms are in place that would provide protection to the 
grotto sculpin. Current threats to the habitat of the grotto sculpin 
may exacerbate potential problems associated with its low population 
numbers and increase the likelihood of extinction. Due to the high 
magnitude of ongoing, and thus imminent, threats we assigned this 
species an LPN of 2.
    Sharpnose shiner (Notropis oxyrhynchus)--The following summary is 
based on information from 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 within the watershed. 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 within the Upper Brazos River 
drainage (upstream of Possum Kingdom Reservoir) is apparently stable, 
while the population within the Middle and Lower Brazos River Basins 
may only exist in remnant populations in areas of suitable habitat, 
which may no longer be viable, representing a reduction of 
approximately 68 percent of its historical range.
    The most significant threat to the existence of the sharpnose 
shiner is potential reservoir development within its current range. 
Additional threats include irrigation and water diversion, 
sedimentation, desalination, industrial and municipal discharges, 
agricultural activities, in-stream sand and gravel mining, and the 
spread of invasive saltcedar. The current limited distribution of the 
sharpnose shiner within the Upper Brazos River Basin makes it 
vulnerable to catastrophic events such as the introduction of 
competitive species or prolonged drought. State law does not provide 
protection for the sharpnose shiner. The magnitude of threat is 
considered high since the major threat of reservoir

[[Page 69068]]

development within the species current range may render its remaining 
habitat unsuitable. The immediacy of threat is non-imminent because 
major reservoir projects are not likely to occur in the near future and 
there is potential for implementing other water supply options that 
could preclude reservoir development. For these reasons, we assign an 
LPN of 5 to this species.
    Smalleye shiner (Notropis buccula)--The following summary is based 
on information from our files. No new information was provided in the 
petition we received on May 11, 2004. The smalleye shiner is a small, 
pallid minnow endemic to the Brazos River Basin in Texas. The 
population of smalleye shiners within the Upper Brazos River drainage 
(upstream of Possum Kingdom Reservoir) is apparently stable. However, 
the shiner has not been collected since 1976 downstream from the 
reservoir, and may be extirpated from this area, representing a 
reduction of approximately 54 percent of its historical range.
    The most significant threat to the existence of the smalleye shiner 
is potential reservoir development within its current range. Additional 
threats include irrigation and water diversion, sedimentation, 
desalination, industrial and municipal discharges, agricultural 
activities, in-stream sand and gravel mining, and the spread of 
invasive saltcedar. The current limited distribution of the smalleye 
shiner within the Upper Brazos River Basin makes it vulnerable to 
catastrophic events such as the introduction of competitive species or 
prolonged drought. State law does not provide protection for the 
smalleye shiner. The magnitude of threat is considered high since the 
major threat of reservoir development within the current range of the 
species may render its remaining habitat unsuitable. The immediacy of 
threat is considered non-imminent because major reservoir projects are 
not likely to occur in the near future and there is potential for 
implementing other water supply options that could preclude reservoir 
development. For these reasons, we assign an 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 range of the Zuni bluehead sucker has been reduced by over 90 
percent. The Zuni bluehead sucker currently occupies 9 river miles in 3 
areas of New Mexico, and potentially occurs in 27 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 range reduction and 
fragmentation is caused by discontinuous surface water flow, separation 
of inhabited reaches by reservoirs, and habitat degradation from fine 
sediment deposition. The principal uses of surface and ground water 
within the Zuni River watershed are human consumption, livestock, and 
irrigation. Diverting water for agricultural use is the primary purpose 
of at least five impoundments, and several other reservoirs act as 
flood-control structures. Degradation of the upper watershed has led to 
increased sedimentation, and many of the reservoirs are now only 
shallow, eutrophic (low oxygen) ponds or wetlands with little or no 
storage capacity. The impoundments have also changed the downstream 
channel morphology and substrate composition of streams. Another major 
impact to populations of Zuni bluehead sucker was the application of 
fish toxicants through at least two dozen treatments in the Nutria and 
Pescado rivers between 1960 and 1975. Large numbers of Zuni bluehead 
suckers were killed during these treatments.
    For several years, the New Mexico Department of Game and Fish has 
been the lead agency to develop a conservation plan for Zuni bluehead 
sucker. A study funded through section 6 of the Act was initiated in 
2000 and has continued annually. The grant included funding for 
development and implementation of a Zuni Bluehead Sucker Conservation 
Plan and the acquisition of additional information on distribution, 
life history, and species associations. The Zuni Bluehead Sucker 
Recovery Plan was approved by the New Mexico State Game Commission 
during a State Game Commission meeting on December 15, 2004. The 
Recovery Plan recommends preservation and enhancement of extant 
populations and restoration of historical Zuni bluehead sucker 
populations. The recovery actions prescribed by the State Recovery Plan 
that we believe will reduce and remove threats to this subspecies will 
require further discussions and authorizations before they can be 
implemented. Because of the ongoing threats of high magnitude, 
including loss of habitat (historical and current from beaver 
activity), degradation of remaining habitat, drought, and fire, we 
maintain the current LPN of 3 for this subspecies.

Clams

    Texas hornshell (Popenaias popei)--The following summary is based 
on information from our files. No new information was provided in the 
petition we received on May 11, 2004. The Texas hornshell is a 
freshwater mussel found in the Black River of New Mexico and one 
confirmed locality in the mainstem Rio Grande of Texas and Mexico. The 
primary threats are habitat alterations such as stream bank 
channelization, impoundments, and diversions for agriculture and flood 
control; contamination of water by the oil and gas industry; 
alterations in the natural riverine hydrology; and increased 
sedimentation from prolonged overgrazing and loss of native vegetation. 
Riverine habitats in both the Black River and the Rio Grande are under 
constant threats from these adverse changes. The magnitude of threats 
is high because of the existence of only one confirmed location in New 
Mexico and Texas each, which makes this species highly vulnerable to 
extinction. The threats are imminent because past alterations to 
riverine habitats have resulted in the much reduced distribution of 
this species and demands for water from the Rio Grande continue to 
increase and make additional habitat degradation likely. Thus, we 
maintain the LPN of 2 for this species.
    Fluted kidneyshell (Ptychobranchus subtentum)--See above in 
``Summary of Listing Priority Changes in Candidates.'' The above 
summary is based on information from our files. No new information was 
provided in the petition we received on May 11, 2004.
    Neosho mucket (Lampsilis rafinesqueana)--The following summary is 
based on information from our files. No new information was provided in 
the petition we received on May 11, 2004. The Neosho mucket is a 
freshwater mussel native to Arkansas, Kansas, Missouri, and Oklahoma. 
The species has been extirpated from approximately 62 percent (835 
river miles) of its range, most of which has occurred in Kansas and 
Oklahoma. The Neosho mucket survives in four river drainages; however, 
only two of these, the Spring and Illinois Rivers, currently support 
relatively large populations.
    Significant portions of the historic range have been inundated by 
the construction of at least 11 dams. Channel instability downstream of 
these dams has further reduced suitable habitat and mussel 
distribution. Range restriction and population declines have occurred 
due to habitat degradation attributed to impoundments, mining,

[[Page 69069]]

sedimentation, and agricultural pollutants. Rapid development and 
urbanization in the Illinois River watershed will likely continue to 
increase sedimentation and eutrophication to this river but populations 
are currently stable in this river. The remaining extant populations 
are vulnerable to random catastrophic events (e.g., flood scour, 
drought, toxic spills), land use changes within the limited range, and 
genetic isolation and the deleterious effects of inbreeding. These 
threats have led to the species being intrinsically vulnerable to 
extirpation. Although State regulations limit harvest of this species, 
there is little protection for habitat. The threats are high in 
magnitude as they can negatively affect the species throughout its 
range and result in mortality and/or reduced reproductive output. While 
some of the threats are ongoing and thus, imminent, others are 
nonimminent, but on balance, the threats are nonimminent. Thus, we 
assigned an LPN of 5 to this species.
    Alabama pearlshell (Margaritifera marrianae)--The following summary 
is based on information from our files. No new information was provided 
in the petition we received on May 11, 2004. The Alabama pearlshell 
(Margaritifera marrianae) inhabits shallow riffles and pool margins of 
small creeks and streams of southwest Alabama. Only three populations 
of Alabama pearlshell have been confirmed to survive during the past 15 
years. A comprehensive survey is planned by the Alabama Department of 
Conservation and Natural Resources in 2007. One of the three 
populations has declined significantly over the past few years, 
apparently due to increased sedimentation at this location and possibly 
other forms of non-point source (NPS) pollution. The other two 
populations also appear to be declining. The Alabama pearlshell has 
been assigned a listing priority of 2 because the NPS pollution is 
ongoing, and therefore imminent, and the vulnerability of small stream 
habitat to continuing NPS pollution, combined with the fewer numbers of 
live mussels in the three known populations, means that the NPS 
pollution poses a high-magnitude threat to this species.
    Slabside pearlymussel (Lexingtonia dolabelloides)--The following 
summary is based on information from our files. No new information was 
provided in the petition we received on May 11, 2004. The slabside 
pearlymussel is a freshwater mussel (Unionidae) endemic to the 
Cumberland and Tennessee River systems (Cumberlandian Region) in 
Alabama, Kentucky, Tennessee, and Virginia. It requires shoal habitats 
in free-flowing rivers to survive and successfully recruit new 
individuals into its populations. Habitat destruction and alteration 
(e.g., impoundments, sedimentation, and pollutants) are the chief 
factors contributing to its decline. This species has been extirpated 
from numerous regional streams and is no longer found in the 
Commonwealth of Kentucky. The slabside pearlymussel was historically 
known from at least 32 streams but is currently restricted to no more 
than 10 isolated stream segments. Current status information for most 
of the 10 populations deemed to be extant is available from recent 
periodic sampling efforts (sometimes annually) and other field studies. 
Comprehensive surveys have taken place in the Middle and North Forks 
Holston River, Paint Rock River, and Duck River in the past several 
years. Based on recent information, the overall population of the 
slabside pearlymussel is declining rangewide. Of the five streams in 
which the species remains in good numbers and is clearly viable (e.g., 
Clinch, North and Middle Forks Holston, Paint Rock, Duck Rivers), the 
Middle and upper North Fork Holston Rivers have undergone drastic 
recent declines, while the Clinch population has been in a longer-term 
decline. Most of the remaining five populations (e.g., Powell River, 
Big Moccasin Creek, Hiwassee River, Elk River, Bear Creek) have 
doubtful viability and several if not all of them may be on the verge 
of extirpation. Since most of the populations of slabside pearlymussel 
are declining and face potential threats from impoundments, 
sedimentation, small population size, isolation of populations, gravel 
mining, municipal pollutants, agricultural run-off, nutrient 
enrichment, and coal processing pollution, the threats are high in 
magnitude. However, there is no specific information regarding the 
timing of these threats, so we do not consider them to be imminent. 
Thus, we continue to assign an LPN of 5 to this mussel.
    Georgia pigtoe (Pleurobema hanleyanum)--We have not updated our 
candidate assessment for this species as we are currently developing a 
proposed listing rule.
    Altamaha spinymussel (Elliptio spinosa)--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 Altamaha 
spinymussel is a freshwater mussel endemic to the Altamaha River 
drainage of southeastern Georgia. The historical range of the Altamaha 
spinymussel was restricted to the Coastal Plain portion of the Altamaha 
River and the lower portions of its three major tributaries, the 
Ohoopee, Ocmulgee, and Oconee Rivers. The Altamaha spinymussel is 
associated with stable, coarse to fine sandy sediments of sandbars and 
sloughs and appears to be restricted to swiftly flowing water. As the 
name implies, the shells of these animals are adorned with one to five 
prominent spines that reach lengths from 10 to 25 mm (0.39 to 0.98 in). 
The species appears to be extirpated from the Ohoopee and Oconee 
Rivers, and its numbers are greatly reduced in the Ocmulgee and 
Altamaha Rivers.
    Altamaha spinymussels face severe habitat degradation from a number 
of sources. Primary among these are threats from sedimentation and 
contaminants within the rivers that the Altamaha spinymussel inhabits. 
A new threat of deadhead logging has recently emerged. These threats to 
the Altamaha spinymussel are further compounded by its limited 
distribution and the low population size identified in recent survey 
efforts. Efforts to identify the host fish and expand our understanding 
of the spinymussels life cycle have not yet produced results. Since the 
threats are ongoing (i.e., imminent) and severely affect this species 
throughout its range (i.e., high in magnitude), we continue to assign 
an LPN of 2 to this species.

Snails

    Ogden mountainsnail (Oreohelix peripherica wasatchensis)--The 
following summary is based on information from our files. No new 
information was provided in the petition we received on May 11, 2004. 
The Ogden mountain snail is known from a single population near the 
mouth of Ogden Canyon, Weber County, Utah. The total occupied habitat 
is an area approximating 100 meters (328 ft) wide by 1 kilometer (0.5 
miles) long. The restricted range of this snail, the proximity to an 
expanding residential area, and impacts from relatively heavy 
recreational use, makes it vulnerable to extirpation from stochastic or 
human-caused events. Threats to the colony have not changed or 
increased substantially over the past year. Recent molecular phylogenic 
studies are expected to clarify the level of uniqueness of this taxon. 
The ongoing (i.e. imminent) threats are moderately affecting the 
species. Therefore, we retained an LPN of 9 for this subspecies.
    Fat-whorled (Bonneville) pondsnail (Stagnicola bonnevillensis)--The 
following summary is based on information contained in our files. No 
new information was provided in the

[[Page 69070]]

petition we received on May 11, 2004. The fat-whorled pondsnail, also 
known as the Bonneville pondsnail, occupies four spring pools north of 
the Great Salt Lake in Box Elder County, Utah. While the number of 
individuals is unknown, the total known occupied habitat is less than 
one hectare. Previous and ongoing threats include chemical 
contamination of the groundwater. Significant actions are underway to 
remediate this threat, including implementation of a Corrective Action 
Plan to characterize and remediate groundwater contamination, 
implementation of a site management plan, and development of a 
groundwater model and risk assessment. These efforts have not been 
underway for a sufficient period to reduce the threat from 
contamination. While contamination continues to occur, and therefore, 
the threat is imminent, the levels of contamination are such that it 
affects the species over a longer timeframe, so the threat is moderate 
in magnitude. Therefore, we retained an LPN of 8 for this species.
    Interrupted rocksnail (Leptoxis foremani (= downei)--We have not 
updated our candidate assessment as we are currently developing a 
proposed listing rule for this species.
    Sisi snail (Ostodes strigatus)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. The sisi snail is a ground-
dwelling species in the Potaridae family and is endemic to American 
Samoa. The species is now known from a single population on the island 
of Tutuila, American Samoa.
    This species is currently threatened by habitat loss and 
modification and by predation from nonnative predatory snails. The 
decline of the sisi in American Samoa has resulted, in part, from loss 
of habitat to forestry and agriculture and loss of forest structure to 
hurricanes and alien weeds that establish after these storms. All live 
sisi snails have been found in the leaf litter beneath remaining intact 
forest canopy. No snails were found in areas bordering agricultural 
plots or in forest areas that were severely damaged by three hurricanes 
(1987, 1990, and 1991). Under natural historic conditions, loss of 
forest canopy to storms did not pose a great threat to the long term 
survival of these snails; enough intact forest with healthy populations 
of snails would support dispersal back into newly regrown canopy 
forest. However, the presence of alien weeds such as mile-a-minute vine 
(Mikania micrantha) may reduce the likelihood that native forest will 
re-establish in areas damaged by the hurricanes. This loss of habitat 
to storms is greatly exacerbated by expanding agriculture. Agricultural 
plots on Tutuila have spread from low elevation up to middle and some 
high elevations, greatly reducing the forest area and thus reducing the 
resilience of native forests and its populations of native snails. 
These reductions also increase the likelihood that future storms will 
lead to the extinction of populations or species that rely on the 
remaining canopy forest. In an effort to eradicate the giant African 
snail (Achatina fulica), the alien rosy carnivore snail (Euglandia 
rosea) was introduced in 1980. The rosy carnivore snail has spread 
throughout the main island of Tutuila. Numerous studies show that the 
rosy carnivore snail feeds on endemic island snails including the sisi, 
and is a major agent in their declines and extirpations. At present, 
the major threat to long-term survival of the native snail fauna in 
American Samoa is predation by nonnative predatory snails. These 
threats are ongoing and are therefore imminent. Since the threats occur 
throughout the entire range of the species and have a significant 
effect on the survival of the snails, they are of a high magnitude. 
Therefore we assigned this species an LPN of 2.
    Diamond Y Spring snail (Pseudotryonia adamantina) and Gonzales 
springsnail (Tryonia circumstriata)--The following summary is based on 
information from our files. No new information was provided in the 
petition we received on May 11, 2004. Diamond Y Spring snail and 
Gonzales springsnail are small aquatic snails endemic to Diamond Y 
Spring in Pecos County, Texas. The spring and its outflow channel are 
owned and managed by The Nature Conservancy. These snails are primarily 
threatened with habitat loss due to springflow declines from drought 
and from pumping of groundwater. Additional threats include water 
contamination from accidental releases of petroleum products, as their 
habitat is in an active oil and gas field. Also, a nonnative aquatic 
snail (Melanoides sp.) was recently introduced into the native snails' 
habitat and may compete with endemic snails for space and resources. 
The magnitude of threats is high because limited distribution of these 
narrow endemics makes any impact from increasing threats (e.g., loss of 
springflow, contaminants, and nonnative species) likely to result in 
the extinction of the species. These species occur in one location in 
an arid region currently plagued by drought and ongoing aquifer 
withdrawals, making the threat to spring flow imminent. Thus, we 
maintain the LPN of 2 for both species.
    Fragile tree snail (Samoana fragilis)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. A tree-dwelling 
species, the fragile tree snail is a member of the Partulidae family of 
snails and is endemic to the islands of Guam and Rota (Mariana 
Islands). Requiring cool and shaded native forest habitat, the species 
is now known from 4 populations on Guam and a single 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 deer (Cervus marianuns) (Guam and Rota), 
pigs (Sus scrofra) (Guam), water buffalo (Bubalus bubalis) (Guam), and 
cattle (Bos taurus) (Rota), directly alter the understory plant 
community and overall forest microclimate making it unsuitable for 
snails. Predation by the alien rosy carnivore snail (Euglandina rosea) 
and the Manokwar flatworm (Platydemus manokwari) is a serious threat to 
the survival of the fragile tree snail. Field observations have 
established that the rosy carnivore snail and the Manokwar flatworm 
will readily feed on native Pacific island tree snails, including the 
Partulidae, such as those of the Mariana Islands. The rosy carnivore 
snail has caused the extirpation of many populations and species of 
native snails throughout the Pacific islands. Because all of the 
threats occur rangewide and have a significant effect on the survival 
of this snail species, they are high in magnitude. The threats are also 
ongoing and thus, are imminent. Therefore, we assigned this species an 
LPN of 2.
    Guam tree snail (Partula radiolata)--The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on May 11, 2004. A tree-dwelling species, 
the Guam tree snail is a member of the Partulidae family of snails and 
is endemic to the island of Guam. Requiring cool and shaded native 
forest habitat, the species is now known from 22 populations on Guam.
    This species is primarily threatened by predation from nonnative 
predatory snails and flatworms. In addition, the species is also 
threatened by habitat loss and degradation. Predation by the alien rosy 
carnivore snail (Euglandina rosea) and the alien Manokwar flatworm 
(Platydemus manokwari) is a serious threat to the survival of the Guam 
tree

[[Page 69071]]

snail. Field observations have established that the rosy carnivore 
snail 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. 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, 
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 and flat 
worms. Throughout the Mariana Islands, feral ungulates (pigs (Sus 
scrofa), Philippine deer (Cervus mariannus), cattle (Bos taurus), water 
buffalo (Bubalus bubalis), and goats (Capra hircus)) have caused severe 
damage to native forest vegetation by browsing directly on plants, 
causing erosion, and retarding forest growth and regeneration. This in 
turn reduces the quantity and quality of forested habitat for the 
humped tree snail. Currently, populations of feral ungulates are found 
on the islands of Guam (deer, pigs, and water buffalo), Rota (deer and 
cattle), Aguiguan (goats), Saipan (deer, pigs, and cattle), Alamagan 
(goats, pigs, and cattle), and Pagan (cattle, goats, and pigs). Goats 
were eradicated from Sarigan in 1998 and the humped tree snail has 
increased in abundance on that island, likely in response to the 
removal of all the goats. However, the population of humped tree snails 
on Anatahan is likely extirpated due to the massive volcanic explosions 
of the island beginning in 2003 and still continuing, and the resulting 
loss of up to 95 percent of the vegetation on the island. Predation by 
the alien rosy carnivore snail (Euglandina rosea) and the alien 
Manokwar flatworm (Platydemus manokwari) is a serious threat to the 
survival of the humped tree snail. Field observations have established 
that the rosy carnivore snail 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. The magnitude of threats is high because they 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)--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, P. semicarinata is a member of the Achatinellidae family of 
snails. Endemic to the island of Lanai, the species is currently known 
from 3 populations totaling 29 individuals. This species is highly 
threatened throughout its limited range by habitat loss and 
modification and by predation from rats. No efforts are being 
undertaken to remove rats in areas where P. semicarinata occur. The 
threat from this predator is expected to continue or increase unless 
the rats are actively controlled or eradicated. Habitat loss also 
continues as nonnative ungulates trample and browse native vegetation 
required by P. semicarinata. Although the snails are in an area to be 
fenced, until the fence is completed and the ungulates have been 
removed, the habitat will continue to be degraded. The small number of 
individuals and the small number of populations make this species very 
susceptible to the negative effects of stochastic events such as 
hurricanes and storms. There is a population in captivity that is 
protected from the effects of unexpected droughts, though the effects 
of severe storms may still affect this population as evidenced by the 
loss of snails when a severe flood interrupted the power supply to the 
Hawaii Endangered Snail Captive Propagation Lab and temperatures 
increased within the environmental chambers containing the snails. In 
addition, these snails are likely subjected to the same concerns of 
reproductive vigor and loss of genetic variability. The magnitude of 
threats is high because they cause significant population declines to 
P. semicarinata rangewide. The threats are also ongoing and thus are 
imminent. Therefore, we assigned this species an LPN of 2.
    Lanai tree snail (Partulina variabilis)--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, P. variabilis is a member of the Achatinellidae family of 
snails. Endemic to the island of Lanai, the species is currently known 
from 12 populations totaling 90 individuals. This species is highly 
threatened throughout its limited range by habitat loss and 
modification and by predation from rats. The threat from this predator 
is expected to continue or increase unless the rats are actively 
controlled or eradicated. Habitat loss also continues as nonnative 
ungulates trample and browse native vegetation required by P. 
variabilis. Although the snails are in an area to be fenced, until the 
fence is constructed and the ungulates have been removed, the habitat 
will continue to be degraded. The small number of individuals and the 
small number of populations make this species very susceptible to the 
negative effects of stochastic events such as hurricanes and storms. 
There is a population in captivity that is protected from the effects 
of unexpected droughts, though the effects of severe storms may still 
affect this population as evidenced by the loss of snails when a severe 
flood interrupted the power supply to the University and temperatures 
increased within the environmental chambers containing the snails. In 
addition, these

[[Page 69072]]

snails are likely subjected to the same concerns of reproductive vigor 
and loss of genetic variability as the wild population. The magnitude 
of threats is high because they result in direct mortality or 
significant population declines to P. variabilis rangewide. The threats 
are ongoing and thus are imminent. Therefore, we assigned this species 
an LPN of 2.
    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) is also a serious threat to the survival of 
Langford's tree snail. Field observations have established that the 
rosy carnivore snail 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. Predation 
on native partulid tree snails by the terrestrial Manokwar flatworm 
(Platydemus manokwari) is also a threat to the long-term survival of 
these snails. The Manokwar flatworm has contributed to the decline of 
native tree snails, 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. 
All of the threats are occurring rangewide and no efforts to control or 
eradicate the nonnative predatory snail species or to reduce habitat 
loss are being undertaken. The magnitude of threats is high because 
they result in direct mortality or significant population declines to 
Langford's tree snail rangewide. These threats are also ongoing and 
thus are imminent. Therefore, we assigned this species an LPN of 2.
    Newcomb's tree snail (Newcombia cumingi)--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 species is 
endemic to the island of Maui, where it is currently known from a 
single remaining population. The greatest threats to Newcomb's tree 
snail are the loss of the only known remaining population due to 
predation from rats and the rosy carnivore snail (Euglandina rosea). 
There are no efforts in place to reduce the threat from the rosy 
carnivore snail although discussions are underway with the private 
landowner to construct a rat proof fence in the area occupied by this 
snail. Our attempts to raise this species in a captive propagation 
facility have been unsuccessful. The magnitude of threats is high 
because they occur within the last known population of the species and 
result in direct mortality or significant population declines. These 
threats are also ongoing and thus are imminent. Therefore, we assigned 
this species an LPN of 2.
    Phantom Cave snail (Cochliopa texana) and Phantom springsnail 
(Tryonia cheatumi)--The following summary is based on information from 
our files. No new information was provided in the petition we received 
on May 11, 2004. Phantom Cave snail and Phantom springsnail are small 
aquatic snails that occur in three spring outflows in the Toyah Basin 
in Reeves and Jeff Davis counties, Texas. The primary threat to both 
species is the loss of surface flows due to declining groundwater 
levels from drought and pumping for agricultural production. Although 
much of the land immediately surrounding their habitat is owned and 
managed by The Nature Conservancy, Bureau of Reclamation, and Texas 
Parks and Wildlife Department, the water needed to maintain their 
habitat has declined due to a reduction in spring flows, possibly as a 
result of private groundwater pumping in areas beyond that controlled 
by these landowners. As an example, Phantom Lake Spring, one of the 
sites of occurrence, has already ceased flowing and aquatic habitat is 
supported only by a pumping system. The magnitude of the threats is 
high because spring flow loss would result in complete habitat 
destruction and permanent elimination of all populations of the 
species. The immediacy of the threats is imminent, as evidenced by the 
drastic decline in spring flow at Phantom Lake Spring that is happening 
now and may extirpate these populations in the near future. Declining 
spring flows in San Solomon Spring are also becoming evident and will 
affect that spring site as well within the foreseeable future. Thus, we 
maintain the LPN of 2 for both species.
    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 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). 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 an 
expanding agricultural footprint. Agricultural plots on Tutuila have 
spread from low elevation up to middle and some high elevations, 
greatly reducing the forest area and thus reducing the resilience of 
native forests and its populations of native snails. In an effort to 
eradicate the giant African snail (Achatina fulica), the rosy carnivore 
snail (Euglandina rosea) was introduced in 1980 and has spread 
throughout the main island of Tutuila. Numerous studies show that the 
rosy carnivore snail feeds on endemic island snails, including the 
Tutuila snail, and is a major agent in their declines and extirpations. 
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

[[Page 69073]]

they result in direct mortality or significant population declines to 
the Tutuila tree snail rangewide. The threats are also ongoing and thus 
are imminent. Therefore, we assigned this species an LPN of 2.
    Chupadera springsnail (Pyrgulopsis chupaderae)--The following 
summary is based on information contained in our files and the petition 
we received on November 20, 1985. See also our 12-month petition 
finding published on October 4, 1988 (53 FR 38969). This aquatic 
species is endemic to Willow Spring on the Willow Spring Ranch 
(formerly Cienega Ranch) at the south end of the Chupadera Mountains in 
Socorro County, New Mexico. The Chupadera springsnail has been 
documented from two springs that flow through gravels containing sand, 
mud, and hydrophytic plants. Regional and local groundwater depletion, 
springrun dewatering, and riparian habitat degradation from livestock 
grazing represent the principal threats. The survival and recovery of 
the Chupadera springsnail is contingent upon protection of the riparian 
corridor immediately adjacent to Willow Spring and the availability of 
perennial, oxygenated flowing water within the species' thermal range. 
Due to several factors, including the extremely localized distribution 
of the snail, its occurrence only on private property, the lack of 
regulatory protection of its habitat, and the inability of land 
managers to participate in its management, the threats can cause 
significant population declines of the Chupadera springsnail. 
Therefore, the magnitude of the threats to this species is high. There 
is an imminent threat to this species because the threats are ongoing 
(e.g., grazing of cattle, water withdrawal, and fire). Due to the 
continuing high magnitude and imminence of threats to this species, we 
retain an LPN of 2 for this species.
    Elongate mud meadows springsnail (Pyrgulopsis notidicola)--The 
following summary is based on information contained in our files. No 
new information was provided in the petition received on May 11, 2004. 
Pyrgulopsis notidicola is endemic to Soldier Meadow, which is located 
at the northern extreme of the western arm of the Black Rock Desert in 
the transition zone between the Basin and Range Physiographic Province 
and the Columbia Plateau Province, Humboldt County, Nevada. The type 
locality, and the only known location of the species, occurs in a 
stretch of thermal [between 45[deg] Celsius (C) (113[deg] Fahrenheit 
(F)) and 32[deg] C (90[deg] F)] aquatic habitat that is approximately 
300 m (984 ft) long and 2 m (6.7 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 
present or threatened destruction, modification, or curtailment of its 
habitat or range by recreational bathers in the thermal waters is the 
greatest threat to the species. The small size of their habitat and 
their limited range makes them highly susceptible to any factors that 
negatively affect their habitat. A Recreational Management Plan was 
established in 2004 and several actions have been implemented, but no 
monitoring has taken place to evaluate the effectiveness of these 
actions on removing the threats to the species. Based on imminent 
threats of high magnitude, we assigned an LPN of 2 for this species.
    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 on October 4, 1988 (53 FR 38969). The Gila springsnail is an 
aquatic species known from 13 populations in New Mexico. The long-term 
persistence of the Gila springsnail is contingent upon protection of 
the riparian corridor immediately adjacent to springhead and springrun 
habitats. Sites on both private and Federal lands are subject to levels 
of recreational use and livestock grazing that negatively affect this 
species, thus placing the long-term survival of the Gila springsnail at 
risk. Natural events such as drought, forest fire, sedimentation, and 
flooding; wetland habitat degradation by recreational bathing in 
thermal springs; and poor watershed management practices represent the 
primary threats to the Gila springsnail. Fire suppression activities 
and fire retardant chemicals have potentially deleterious effects on 
this species. Because several of the springs occur on U.S. Forest 
Service land, management options for the protection of the snail should 
be possible. However, randomly occurring events, especially fire and 
drought, could have a major impact on the species. Moderate use by 
recreationalists and livestock is ongoing. If these uses remain at 
current or lower levels, they will not pose an imminent threat to the 
species. Of greater concern is drought, which could affect spring 
discharge and increases the potential for fire. Although the effect 
global climate change may have on streams and forests of the Southwest 
is unpredictable, mean annual temperature in New Mexico has increased 
by 0.6 degrees per decade since 1970. Higher temperatures lead to 
higher evaporation rates which may reduce the amount of runoff and 
groundwater recharge. Increased temperatures may also increase the 
extent of area influenced by drought and fire. Large fires have 
occurred in the Gila National Forest and subsequent floods and ash 
flows have severely affected aquatic life in streams. If the drought 
continues or worsens, the imminence of threats from decreased discharge 
or fire will increase. Based on these nonimminent threats that are 
currently of a low magnitude, we retain an LPN of 11 for this species.
    Gonzales springsnail (Tryonia circumstriata)--See paragraph above 
under Diamond Y Spring snail (Pseudotryonia adamantina).
    Huachuca springsnail (Pyrgulopsis thompsoni)--See above in 
``Summary of Listing Priority Changes in Candidates.'' The above is 
based on information from our files. No new information was provided in 
the petition we received on May 11, 2004.
    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 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. The long-term 
persistence of the New Mexico springsnail is contingent upon protection 
of the riparian corridor immediately adjacent to springhead and 
springrun habitats. Although the New Mexico springsnail populations may 
be stable, the sites inhabited by the species are subject to levels of 
recreational use and livestock grazing that can negatively affect this 
species. Moderate use by recreationalists and livestock is ongoing. If 
these uses remain at the current or lower levels, they will not pose an 
imminent threat to the species. Of greater concern is drought, which 
could affect spring discharge and increases the potential for fire. 
Although the effect global climate change may have on streams and 
forests of the Southwest is unpredictable, mean annual temperature in 
New Mexico has increased by 0.6 degrees per decade since 1970. Higher 
temperatures lead to higher evaporation rates which may reduce the 
amount of runoff and groundwater recharge. Increased

[[Page 69074]]

temperatures may also increase the extent of area influenced by drought 
and fire. Large fires have occurred in the Gila National Forest and 
subsequent floods and ash flows have severely affected aquatic life in 
streams. If the drought continues or worsens, the imminence of threats 
from decreased discharge and fire will increase. Based on these 
nonimminent threats of a low magnitude, we retain an LPN of 11 for this 
springsnail.
    Page springsnail (Pyrgulopsis morrisoni)--See above in ``Summary of 
Listing Priority Changes in Candidates.'' The above summary is based on 
information from our files. No new information was provided in the 
petition received on May 11, 2004.
    Three Forks springsnail (Pyrgulopsis trivialis)--The following 
summary is based on information from our files. No new information was 
provided in the petition we received on May 11, 2004. The Three Forks 
springsnail is an endemic species with distribution limited to the 
Three Forks Springs and Boneyard Springs spring complexes in the North 
Fork East Fork Black River Watershed of east-central Arizona. The 
springsnail was known from free-flowing spring heads, concrete boxed 
spring heads, spring runs, and spring seepage at these sites. The 
primary threats include habitat modification from recreational 
activities, damage from elk wallowing, and predation from nonnative 
crayfish. The population at Three Forks appears to be nearly extirpated 
following a fire retardant drop in 2004. The Arizona Game and Fish 
Department currently maintains an active monitoring program for the 
Three Forks springsnail in cooperation with the Service and U.S. Forest 
Service. This program includes population monitoring, habitat sampling, 
and removal of nonnative predatory crayfish. However, in the absence of 
a comprehensive management strategy to effectively address the threat 
from elk, crayfish, and fire suppression in the long-term, the threats 
are ongoing and therefore, imminent. The magnitude of threats is high, 
because limited distribution of this narrow endemic makes any impact 
from the threats likely to result in the extinction of the species. 
Therefore, we retain an LPN of 2 for the Three Forks springsnail.

Insects

    Wekiu bug (Nysius wekiuicola)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. The wekiu bug belongs to the 
true bug family, Lygaeidae, and is endemic to the island of Hawaii. 
This species only occurs on the summit of Mauna Kea and feeds upon 
other insect species which are blown to the summit of this large 
volcano. The wekiu bug is primarily threatened by the loss of its 
habitat from astronomy development. In 2004 and early 2005, surveys 
were conducted that found multiple new locations of the wekiu bug on 
the Mauna Kea summit. Several of these cinder cones within the Mauna 
Kea Science Reserve, as well as two other cinder cones located in the 
State Ice Age Natural Area Reserve, are not currently undergoing 
development nor is development planned. With the discovery of these new 
locations, the threats, though ongoing, do not occur across the entire 
range of the wekiu bug. The immediacy of the threats is imminent in 
some parts of the wekiu bug's range because ongoing development is 
occurring. Although the threats are ongoing and therefore imminent in 
some areas of wekiu bug habitat, the recent discoveries of new 
locations of the wekiu bug in areas that are not subject to the primary 
threat of astronomy development reduces the magnitude of the threat 
from high to moderate. Therefore, we assigned this species an LPN of 8.
    Mariana eight spot butterfly (Hypolimnas octucula mariannensis)--
The following summary is based on information contained in our files. 
No new information was provided in the petition we received on May 11, 
2004. The Mariana eight spot butterfly is a nymphalid butterfly species 
that feeds upon two host plants, Procris pedunculata and Elatostema 
calcareum. Endemic to the islands of Guam and Saipan, the species is 
now known from ten populations on Guam. This species is currently 
threatened by predation and parasitism. The Mariana eight spot 
butterfly has extremely high mortality of eggs and larvae due to 
predation by alien ants and wasps. Because the threat of parasitism and 
predation by nonnative insects occur range-wide and can cause 
significant population declines to this species, they are high in 
magnitude. The threats are imminent because they are ongoing. 
Therefore, we assigned an LPN of 3 for this subspecies.
    Mariana wandering butterfly (Vagrans egestina)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
The Mariana wandering butterfly is a nymphalid butterfly species which 
feeds upon a single host plant species, Maytenus thompsonii. Originally 
known from and endemic to the islands of Guam and Rota, the species is 
now known from one population on Rota. This species is currently 
threatened by alien predation and parasitism. The Mariana wandering 
butterfly is likely predated on by alien ants and parasitized by native 
and nonnative parasitoids. Because the threat of parasitism and 
predation by nonnative insects occur range-wide and can cause 
significant population declines to this species, they are high in 
magnitude. These threats are imminent because they are ongoing. 
Therefore, we assigned an LPN of 2 for this species.
    Miami blue butterfly (Cyclargus thomasi bethunebakeri)--The 
following summary is based on information contained in our files and in 
the petition we received on June 15, 2000. The Miami blue is endemic to 
south Florida. Historically, it occurred throughout the Florida Keys, 
north to Hillsborough and Volusia Counties. None were reported to be 
found between 1996 and 1999, but it is presently located at two sites 
in the Keys. In 1999, a population was discovered at Bahia Honda State 
Park on Bahia Honda Key and in 2006 a second population was discovered 
on the outer islands of Key West National Wildlife Refuge. The former 
appears restricted to several 100 individuals at most, while the latter 
likely includes at least 1,500 individuals. Capacity to expand at 
either site or successfully emigrate from either site appears to be 
very low due to the sedentary nature of the butterfly and isolation of 
habitats. The actual area of occupied habitat has not yet been defined. 
Captive propagation and reintroduction efforts are continuing with some 
success. The Miami blue is predominantly a coastal species, occurring 
in disturbed and early successional habitats such as the edges of 
tropical hardwood hammock, coastal berm forest, and along trails and 
other open sunny areas, and historically in pine rocklands. These 
habitats provide larval host plants and adult nectar sources that are 
required to occur in close proximity. The magnitude of threat is high 
for this species, due to interacting risks associated with limited 
population size and range (and loss of historical range), hurricanes, 
and mosquito control activities. In addition, illegal collection may 
also pose a threat. Except for hurricanes, the threats are nonimminent 
because the current range is within a State park and National Wildlife 
Refuge, wherein the above threats are substantially controlled. 
Therefore, the Miami blue is assigned an LPN of 6.
    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.

[[Page 69075]]

The Sequatchie caddisfly is known from two spring runs that emerge from 
caves in Marion County, Tennessee--Owen Spring Branch and Martin Spring 
run in the Battle Creek system. The Owen Spring Branch population 
occurs within Sequatchie Cave Park, which is a Class II Natural-
Scientific State Natural Area, thus providing statutory protection from 
collection for the population in Owen Spring Branch. In spite of 
greater amounts of suitable habitat at the Martin Spring run, 
Sequatchie caddisflies are more difficult to find at this site. 
Biologists estimated population sizes at 500 to 5000 individuals for 
Owen Spring Branch and 2 to 10 times higher at Martin Spring, due to 
the greater amount of apparently suitable habitat. More recently, Dr. 
David Etnier reported that the Sequatchie caddisfly was abundant at the 
Owens Spring Branch location during observations in 2001, while only 
two individuals were observed at the Martin Spring locale. The primary 
threats to Sequatchie caddisfly include its extremely limited 
distribution, apparent small population size, the limited amount of 
occupied habitat, and the ease of accessibility. These threats are 
gradual and/or not necessarily imminent but are of a high magnitude; 
therefore, we assigned this species an LPN of 5.
    Clifton cave beetle (Pseudanophthalmus caecus)--The following 
summary is based upon information 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, the entrance to the cave was enclosed due to road 
construction. Other caves in the vicinity of this cave were surveyed 
for the species during 1995-1996. Only one additional site was found to 
support the Clifton cave beetle. It can not be determined at this time 
if the species still occurs at the original location or if the species 
has been extirpated from the site by the closure of the cave entrance. 
The limestone caves in which this species are found provide a unique 
and fragile environment that supports a variety of species that have 
evolved to survive and reproduce under the demanding conditions found 
in cave ecosystems. The limited distribution of the species makes it 
vulnerable to isolated events that would only have a minimal effect on 
the more wide-ranging insects. Events such as toxic chemical spills, 
discharges of large amounts of polluted water or indirect impacts from 
off-site construction activities, closure of entrances, alteration of 
entrances, or the creation of new entrances could have serious adverse 
impacts on this species. The magnitude of threat is high for this 
species due to its limited distribution. The immediacy of threat is 
nonimminent because there are no known projects planned that would 
affect the species in the next 1-2 years; we therefore have assigned an 
LPN of 5 to this species.
    Icebox cave beetle (Pseudanophthalmus frigidus)--The following 
summary is based upon information 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 cave dependent and is not found 
outside the cave environment. Icebox cave beetle 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 from the only site known to 
support the species, but species experts believe that it may still 
exist there in low numbers. The limited distribution of the species 
makes it vulnerable to isolated events that would only have a minimal 
effect on the more wide-ranging insects. Events such as toxic chemical 
spills or discharges of large amounts of polluted water, or indirect 
impacts from off-site construction activities, closure of entrances, 
alteration of entrances, or the creation of new entrances, could have 
serious adverse impacts on this species. The magnitude of threat is 
high for this species due to its limited distribution. The immediacy of 
threat is nonimminent because there are no known projects planned that 
would affect the species in the next 1-2 years; we therefore have 
assigned an LPN of 5 to this species.
    Inquirer cave beetle (Pseudanophthalmus inquisitor)--The following 
summary is based upon information 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 cave dependent and is not 
found outside the cave environment. The inquirer cave beetle is only 
known from one privately owned Tennessee cave. The limestone cave in 
which this species is found provides a unique and fragile environment 
that supports a variety of species that have evolved to survive and 
reproduce under the demanding conditions found in cave ecosystems. The 
species was last observed in 2006. The limited distribution of the 
species makes it vulnerable to isolated events that would only have a 
minimal effect on the more wide-ranging insects. The area around the 
only known site for the species is in a rapidly expanding urban area 
and indirect impacts, such as chemical or other pollution, could 
significantly impact both the cave and the species the cave supports. 
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. The magnitude of threat is high for this species due to 
its limited distribution. The immediacy of threat is nonimminent 
because there are no known projects planned that would affect the 
species in the next 1-2 years and it 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 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 cave dependent and is 
not found outside the cave environment. Louisville cave beetle is only 
known from two privately owned Kentucky caves. The limestone caves in 
which this species are found provide a unique and fragile environment 
that supports a variety of species that have evolved to survive and 
reproduce under the demanding conditions found in cave ecosystems. The 
limited distribution of the species makes it vulnerable to isolated 
events that would only have a minimal effect on the more wide-ranging 
insects. Events such as toxic chemical spills, discharges of large

[[Page 69076]]

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, given 
its narrow distribution. The immediacy of threat is nonimminent because 
there are no known projects planned that would affect the species in 
the next 1-2 years; we therefore have assigned an LPN of 5 to this 
species.
    Tatum Cave beetle (Pseudanophthalmus parvus)--The following summary 
is based upon information 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 cave dependent and is not found outside the cave 
environment. Tatum Cave beetle is only known from one privately owned 
Kentucky cave. The limestone cave in which this species is found 
provides a unique and fragile environment that supports a variety of 
species that have evolved to survive and reproduce under the demanding 
conditions found in cave ecosystems. The species has not been observed 
since 1965, but species experts believe that it still exists in low 
numbers. The limited distribution of the species makes it vulnerable to 
isolated events that would only have a minimal effect on the more wide-
ranging insects. Events such as toxic chemical spills or discharges of 
large amounts of polluted water, or indirect impacts from off-site 
construction activities, closure of entrances, alteration of entrances, 
or the creation of new entrances could have serious adverse impacts on 
this species. The magnitude of threat is high for this species, because 
its limited numbers mean that any threats could affect its continued 
existence. The immediacy of threat is non-imminent because there are no 
known projects planned that would affect the species in the next 1-2 
years; we therefore have assigned an LPN of 5 to this species.
    Taylor's (Whulge, Edith's) checkerspot butterfly (Euphydryas editha 
taylori)--The following summary is based on information from our files 
and in the petition received on December 11, 2002. Historically, the 
Taylor's checkerspot butterfly was known from 70 locations: 23 in 
British Columbia, 34 in Washington, and 13 in Oregon. Following surveys 
during the 2007 flight period, 11 populations were known, with a total 
of about 2,500-3,000 individuals observed rangewide. Currently, eight 
populations are known from Washington, two of which are in the 
Willamette Valley of Oregon, and a new location was discovered in 
British Columbia, Canada, in 2005. The species had not been detected in 
Canada since 2000, and many negative surveys were conducted until the 
species was found at a new location on Denman Island, British Columbia. 
The size and location of the populations may shift from year to year. 
Most populations are small, usually with fewer than 5 or 10 butterflies 
detected; one population on Department of Defense land had more than 
1,000 individuals in 2006, but this was an exception.
    Threats include degradation and destruction of native grasslands to 
agriculture, residential and commercial development, encroachment by 
nonnative plants; succession from grasslands to native shrubs and 
trees, and fire. The grassland ecosystem on which this subspecies 
depends requires annual management to maintain suitable grassland 
habitat for the species. Application of Bacillus thuringiensis var. 
kurstake (Btk) for Asian gypsy moth control likely contributed to 
extirpation of the subspecies at three locations in Pierce County, 
Washington. The use of Btk continues to be a threat if it is used in 
areas in proximity to native prairies. The magnitude of threats is high 
because of the extremely small number of populations, the size of 
remaining populations, and the collapse in the species' distribution; 
many of the numerous threats could occur simultaneously and affect most 
of the populations. Threats are imminent because many are ongoing. We 
assigned the Taylor's checkerspot butterfly an LPN of 3.
    Blackline Hawaiian damselfly (Megalagrion nigrohamatum 
nigrolineatum)--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 blackline Hawaiian damselfly is a stream-
dwelling damselfly species endemic to the island of Oahu, Hawaii. Once 
known from throughout Oahu, the species is now restricted to 16 streams 
within the Koolau Mountains. This species is threatened by predation 
from alien aquatic species such as fish and predacious insects and 
habitat loss through dewatering of streams and invasive 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. These threats are occurring 
in varying degrees rangewide for the blackline Hawaiian damselfly. 
Although there are no efforts being done to control or eradicate 
nonnative fish or insects or to stop the loss of habitat, the 16 
streams are widely dispersed on both sides of the mountain range and 
are highly unlikely to experience complete loss of populations at the 
same time. Therefore the magnitude of the threats is moderate. Threats 
to the blackline Hawaiian damselfly from loss of habitat and introduced 
nonnative fish and insects are ongoing and therefore are imminent. 
Therefore, we assigned this subspecies an LPN of 9.
    Crimson Hawaiian damselfly (Megalagrion leptodemas)--We have not 
updated our candidate assessment for this species, as we are currently 
developing a proposed listing rule.
    Flying earwig Hawaiian damselfly (Megalagrion nesiotes)--We have 
not updated our candidate assessment for this species, as we are 
currently developing a proposed listing rule.
    Oceanic Hawaiian damselfly (Megalagrion oceanicum)--We have not 
updated our candidate assessment for this species, as we are currently 
developing a proposed listing rule.
    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. Megalagrion xanthomelas is a stream-dwelling damselfly species 
endemic to the Hawaiian Islands of Kauai, Oahu, Molokai, Maui, Lanai, 
and Hawaii. The species 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 
though the threats are ongoing and therefore imminent, they occur in 
varying degrees throughout the range of

[[Page 69077]]

the species and are considered of moderate magnitude.
    Pacific Hawaiian damselfly (Megalagrion pacificum)--We have not 
updated our candidate assessment for this species, as we are currently 
developing a proposed listing rule.
    Picture-wing fly (Drosophila attigua)--We have not updated our 
candidate assessment for this species, as we are currently developing a 
proposed listing rule.
    Picture-wing fly (Drosophila digressa)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004, but new 
information was provided by one Drosophila expert in 2006. This 
picture-wing fly, a member of the family Drosophilidae, feeds only upon 
species of Charpentiera, and is endemic to the Hawaiian Island of 
Hawaii. Never abundant in number of individuals observed, D. digressa 
was originally known from 5 population sites and may now be limited to 
as few as 1 or 2 sites. Due to the small population size of the species 
and its small known habitat area, Drosophila researchers believe this 
species and its habitat are particularly vulnerable to a myriad of 
threats. Feral ungulates (pigs, goats, and cattle) degrade and destroy 
D. digressa host plants and habitat by directly trampling plants, 
facilitating erosion, and spreading nonnative plant seeds. Nonnative 
plants degrade host plant habitat and compete for light, space, and 
nutrients. Direct predation of D. digressa by nonnative social insects, 
particularly yellow jacket wasps, is also a serious threat. 
Additionally, this species faces competition at the larval stage from 
non-native tipulid flies, which feed within the same portion of the 
decomposing host plant area normally occupied by the D. digressa larvae 
during their development with a resulting reduction in available host 
plant material. The threats to the native forest habitat of Drosophila 
digressa, and to individuals of this species, occur throughout its 
range and are expected to continue or increase without their control or 
eradication, and are considered imminent, because they are ongoing. No 
known conservation measures have been taken to date to specifically 
address these threats, and we have therefore assigned this species an 
LPN of 2.
    Stephan's riffle beetle (Heterelmis stephani)--See above in 
``Summary of Listing Priority Changes in Candidates.'' The above 
summary is based on information from our files. No new information was 
provided in the petition received on May 11, 2004.
    Dakota skipper (Hesperia dacotae)--See above in ``Summary of 
Listing Priority Changes in Candidates.'' The above summary is based on 
information contained in our files, including information from the 
petition received on May 12, 2003.
    Mardon skipper (Polites mardon)--The following summary is based on 
information contained in our files and the petition we received on 
December 24, 2002. The Mardon skipper is a rare northwestern butterfly 
with a remarkably disjunct range. Currently this species is known from 
four widely separated regions: south Puget Sound region, southern 
Washington Cascades, Siskiyou Mountains of southern Oregon, and coastal 
northwestern California. The number of documented locations for the 
species has increased from less than 10 in 1997 to more than 50 
rangewide in 2007. However, most populations for Mardon skipper are 
extremely small, and approximately 10 locations have populations with 
more than 50 individuals. The Mardon skipper spends its entire life 
cycle in one location, often on the same grassland patch. The dispersal 
ability for Mardon skipper is restricted. Threats include habitat loss 
and degradation due to development, overgrazing, use of herbicides and 
pesticides, encroachment of nonnative and native vegetation, succession 
from grassland to forest, fire suppression; direct loss of individuals 
due to fire; recreational activities; insect collecting; and random, 
naturally occurring events. The species' limited dispersal ability 
restricts the likelihood of recolonization once a population is lost. 
The likelihood of Mardon skippers dispersing between suitable habitat 
patches in a fragmented landscape is low. The magnitude of threats is 
high because of the small population sizes and disjunct distribution of 
the species that limits its ability to disperse. Loss of any of the 
populations could threaten the continued existence of the species 
within each of its disjunct population centers. It would be unlikely 
that any threat would affect all known locales simultaneously. Overall, 
the threats are nonimminent because the threats are not currently 
occurring at all known population sites. We assign an LPN of 5 to the 
Mardon skipper.
    Coral Pink Sand Dunes tiger beetle (Cicindela limbata albissima)--
See above in ``Summary of Listing Priority Changes in Candidates.'' The 
above summary is based on information contained in our files, including 
information from the petition we received on April 21, 1994.
    Highlands tiger beetle (Cicindela highlandensis)--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 Highlands 
tiger beetle is narrowly distributed and restricted to areas of bare 
sand within upland oak scrub and pine vegetation on the ancient sand 
dunes of the Lake Wales Ridge in Polk and Highlands Counties, Florida. 
Adult tiger beetles have been found at 40 sites from near Haines City 
south to Josephine Creek. In 2004-2005 surveys, biologists found a 
total of 1,574 adults 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: 
3 sites were found to have large populations of over 100 adults 
[Catfish Creek Preserve (493), Snell Creek South (193), and Flaming 
Arrow Scout Camp (175)]; 3 sites had populations of 50-99 adults; 8 
sites had 20-49 adults, 13 sites had 10-19 adults, and 13 sites had 
fewer than 10 adults. Results from a limited removal study at four 
sites suggest that the actual population size at the various survey 
sites is likely to be as much as two times as high as indicated by the 
visual index counts. Lack of fire to create open sand, pesticide use, 
small population sizes, and over-collecting pose serious threats to 
this species. Because this species is narrowly distributed with 
specific habitat requirements and small populations, the magnitude of 
threats is high. Although the majority of its historic range has been 
lost, degraded, and fragmented, numerous sites are protected and land 
managers are implementing prescribed fire, which should restore habitat 
and help reduce threats. Overall, the threats are nonimminent. 
Therefore, we assigned the Highlands tiger beetle an LPN of 5.

Arachnids

    Warton cave meshweaver (Cicurina wartoni)--The following summary is 
based on information from our files. No new information was received 
since the last Candidate Notice of Review published on September 12, 
2006, or was provided in the petition we received on May 11, 2004. 
Warton Cave meshweaver is an eyeless, cave-dwelling, unpigmented, 0.25-
inch long invertebrate known only from female specimens. This 
meshweaver is known to occur in only one cave (Pickle Pit) in Travis 
County, Texas. Primary threats to the species and its habitat are 
predation and competition from fire ants and surface and subsurface 
effects from runoff from an adjacent subdivision.

[[Page 69078]]

The magnitude of threats is considered high, because the single 
location for this species makes it highly vulnerable to extinction. The 
threats are imminent, because fire ants are known to occur in the 
vicinity of the cave, and impacts to the cave from runoff and human 
activities are an imminent threat. Thus, we assign an LPN of 2 to this 
species.

Crustaceans

    Anchialine pool shrimp (Metabetaeus lohena)--The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Metabetaeus 
lohena is an anchialine pool-inhabiting species of shrimp belonging to 
the family Alpheidae. This species is endemic to the Hawaiian Islands 
and is currently known from populations on the islands of Oahu, Maui, 
and Hawaii. The primary threats to this species are predation by fish 
(which do not naturally occur in the pools inhabited by this species) 
and habitat loss from degradation. The pools where this species occurs 
on Maui and Hawaii Island are located within State Natural Area 
Reserves (NAR). Hawaii's State statutes prohibit the collection of the 
species and the disturbance of the pools in State NARs. The pools where 
this species occurs on the island of Oahu do not receive protection 
from collection of the species or disturbance of the pools. Enforcement 
of collection and disturbance prohibitions is difficult, and the 
negative effects from the introduction of fish are extensive and happen 
quickly. Therefore, threats to this species are of a high magnitude. 
However, we consider the primary threats of predation from fish and 
loss of habitat due to degradation to be nonimminent, because no fish 
were observed in any of the pools where this species occurs and there 
has been no documented dumping in the pools this species occurs in on 
the islands of Maui or Hawaii. Only one site on Oahu had a dumping 
instance, and in that case the dumping was cleaned up and the species 
subsequently returned. 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 three populations on the island of 
Maui and one population 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. 
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 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 are of high magnitude. However, 
threats are considered nonimminent, because a 2004 survey did not find 
fish in the pools where these shrimp occur on Maui or the island of 
Hawaii, and there was no evidence of recent habitat degradation. 
Therefore, the threats of predation from fish and habitat degradation 
are nonimminent, and we assigned this species an LPN of 5.
    Anchialine pool shrimp (Procaris hawaiana)--The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Procaris hawaiana 
is an anchialine pool-inhabiting species of shrimp belonging to the 
family Procarididae. This species is endemic to the Hawaiian Islands 
and is currently known from two populations on the island of Maui and 
one population 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. 
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. However, enforcement of these prohibitions is difficult and the 
negative effects from the introduction of fish are extensive and happen 
quickly. There are no conservation efforts underway to alleviate the 
potential for any of these threats in the one pool on the island of 
Hawaii. Therefore, threats to this species remain at high magnitude. 
However, the threats to the species are nonimminent because, during a 
2004 survey, 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 dumping or fill in any of the pools where the species occurs. 
Therefore, we assigned this species an LPN of 5.
    Anchialine pool shrimp (Vetericaris chaceorum)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Vetericaris chaceorum is an anchialine pool-inhabiting species of 
shrimp belonging to the family Procarididae; it is the only species in 
its genus. This species is endemic to the Hawaiian Islands and is only 
known from one population in a single pool on the island of Hawaii. The 
primary threats to this species are predation from nonnative fish and 
habitat degradation and contamination from illegal trash dumping. This 
species would be highly vulnerable to predation by any intentionally or 
accidentally introduced fish, or contamination from illegal dumping 
into its single known location. This pool lies within lands 
administered by the State of Hawaii Department of Hawaiian Home Lands. 
The threats to Vetericaris chaceorum from habitat degradation and 
destruction, and predation by nonnative fish are of high magnitude, 
because this species occurs in only one pool. All individuals of this 
species may be adversely impacted by a single dumping of trash or 
release of nonnative fish in its only known pool. However, the threats 
are nonimminent, as fish have not been introduced into the pool (nor is 
there any reason to believe that introduction is imminent) and a site 
visit in early 2005 showed there were no signs of dumping or fill. 
Therefore we assigned this species an LPN of 4 because the threats are 
of high magnitude though nonimminent, and the species is in a monotypic 
genus.
    Troglobitic groundwater shrimp (Typhlatya monae)--See above in 
``Summary of Listing Priority Changes in Candidates.'' The above 
summary is based on information contained in our files, including 
information from the petition we received on May 11, 2004.

Flowering plants

    Abronia alpina (Ramshaw Meadows sand-verbena)--See above in 
``Summary of Listing Priority Changes in Candidates.'' The above 
summary is based on information in our files. No new information was 
provided in the petition we received on May 11, 2004.
    Arabis georgiana (Georgia rockcress)--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 Georgia 
rockcress grows in a

[[Page 69079]]

variety of dry situations, including shallow soil accumulations on 
rocky bluffs, ecotones of gently sloping rock outcrops, and in sandy 
loam along eroding river banks. It is occasionally found in adjacent 
mesic woods, but it will not persist in heavily shaded conditions. 
Currently a total of 20 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. Eight 
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 (20) across multiple counties in two states and the nature 
of the threats. However, since a number of the populations are 
currently being affected by nonnative plants, the threat is imminent. 
Thus, we assigned an LPN of 8 to this species.
    Argythamnia blodgettii (Blodgett's silverbush)--The following 
summary is based on information in our files. No new information was 
provided in the petition we received on May 11, 2004. Blodgett's 
silverbush 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 it 
occurs in Miami-Dade County and the Florida Keys requires periodic 
fires to maintain habitat with a minimum amount of hardwoods. Based 
upon available data, there are approximately 27 extant occurrences, 12 
in Monroe County and 15 in Miami-Dade County; many occurrences are on 
conservation lands; however, 4-5 sites are recently thought to be 
extirpated or destroyed. 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, road enhancement, infrastructure, and illegal dumping 
threaten some populations. Blodgett's silverbush is vulnerable to 
natural disturbances, such as hurricanes, tropical storms, and storm 
surges. Sea level rise is a long-term threat that will continue; it is 
expected to continue to affect pine rocklands and ultimately reduce the 
extent of available habitat, especially in the Keys. Overall, the 
magnitude of threats is moderate and the threats are nonimminent. Thus, 
we assigned an LPN of 11 to this species.
    Artemisia campestris var. wormskioldii (Northern wormwood)--The 
following summary is based on information from 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 only 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 sites are separated by 200 miles (322 
kilometers) of the Columbia River and three large hydroelectric dams. 
The Klickitat County population is declining; it is unclear whether the 
Grant County population is stable or declining, but it is vulnerable to 
environmental variability. Surveys of apparently suitable habitat along 
the Hanford Reach have not detected any additional plants.
    Threats to northern wormwood include direct loss of suitable 
habitat through regulation of water levels in the Columbia River and 
placement of riprap along the river bank; trampling of plants as a 
result of recreational use; competition with non-native invasive 
species; burial by wind and water-borne sediments; a small population 
size that makes both sites susceptible 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. The magnitude of threat is high for this subspecies, because the 
only two remaining populations are widely separated and distributed 
such that 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, erosion of the 
substrate is ongoing at the Klickitat County site, and high water flows 
are random, naturally occurring events that may occur unpredictably in 
any year. Therefore, we have retained an LPN of 3 for this subspecies.
    Astelia waialealae (Pa[revaps]iniu)--We have not updated our 
candidate assessment as we are currently developing a proposed listing 
rule for this species.
    Astragalus tortipes (Sleeping Ute milkvetch)--The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Sleeping Ute 
milkvetch is a perennial plant that grows only on the Smokey Hills 
layer of the Mancos Shale Formation on the Ute Mountain Ute Indian 
Reservation in Montezuma County, Colorado. In 2000, 3,744 plants were 
recorded at 24 locations covering 500 acres within an overall range of 
64,000 acres. Available information from 2000 indicates that the 
species remains stable. Recently, the Tribe expressed interest in 
conducting new surveys and initiating protection for the species. 
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 is reportedly 
increasing. Oil and gas development is active in the general area, but 
we have received no information from the tribe to indicate whether 
there is development within the habitat for the plants. The threats are 
moderate in magnitude, since they have had minor impacts and, based on 
information we have, the population appears to be stable. In addition, 
the Tribe indicated that it is developing a management plan for the 
species and has started to implement some protective measures such as 
installing fencing and removing cattle from the fenced area where the 
plants occur. Because of the general lack of information on current 
threats from the Tribe, imminence of threats is not fully known. While 
ORV use is currently occurring and may be increasing, oil and gas 
production is not known to currently occur in the areas where this 
species exists. Overall, we conclude threats are nonimminent. 
Therefore, we assigned a LPN of 11 to this species.
    Bidens amplectens (Kookooalu)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. This species is an erect 
perennial or facultative annual herb found in mixed lowland dry 
shrubland/grassland on Oahu, Hawaii. Known from one

[[Page 69080]]

population of 500 to 1,000 individuals in the Waianae Mountains, the 
threats to this species are nonnative plants that increase the fuel 
load and fire threat, and compete for habitat. The magnitude of threats 
continues to be high because no conservation measures have been taken 
to address them and because of the potential for the elimination of the 
only known population by a single stochastic or naturally occurring 
event. Threats continue to be imminent because they are ongoing. We 
retained an LPN of 2 for this species.
    Bidens campylotheca ssp. pentamera (Kookooalu)--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 subspecies is an erect, perennial herb found in Cheirodendron-
Metrosideros polymorpha (olapa-ohia) montane wet forest on Maui, 
Hawaii. This subspecies is known from four populations with a total of 
approximately 350 individuals. Bidens campylotheca ssp. pentamera is 
threatened by feral pigs that degrade and destroy habitat, and by 
nonnative plants that compete for habitat. Feral pigs have been fenced 
out of one population at Kipahulu. The remaining populations on east 
and west Maui are still affected by these threats. This subspecies is 
represented in an ex-situ collection. However, these on-going 
conservation efforts benefit only one of the four known populations and 
therefore threats continue to be of a high magnitude, because they 
threaten the continued existence of this subspecies. In addition, 
threats to B. campylotheca ssp. pentamera are imminent because they are 
ongoing in three populations. Therefore, we retained an LPN of 3 for 
this subspecies.
    Bidens campylotheca ssp. waihoiensis (Kookooalu)--See above in 
``Summary of Listing Priority Changes in Candidates.'' The above 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004.
    Bidens conjuncta (Kookooalu)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Bidens conjuncta is an erect, 
perennial herb found in Metrosideros-Dicranopteris-Cheirodendron (ohia-
uluhe-olapa) lowland to montane wet forest and shrubland on Maui, 
Hawaii. Seven populations are known, totaling approximately 2,200 
individuals scattered throughout upper elevation drainages of west 
Maui. Although the overall range of the species has not changed, the 
number of individuals has declined over the last decade or so. This 
species is threatened by pigs that degrade and destroy habitat, and eat 
vegetative parts and fruit of B. conjuncta, and by nonnative plants 
that outcompete and displace it. Feral pigs have been fenced out of 
portions of the populations of B. conjuncta, and nonnative plants have 
been greatly reduced in the fenced areas. The threats from feral pigs 
and nonnative plants are, therefore, of a moderate magnitude to this 
species. However, these threats are imminent because they are ongoing. 
Therefore, we retained an LPN of 8 for this species.
    Bidens micrantha ssp. ctenophylla (Kookooalu)--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 subspecies is an erect, perennial herb found in open mixed 
shrubland to dry Metrosideros (ohia) forest on the island of Hawaii, 
Hawaii. This subspecies is endemic to the island of Hawaii, where it is 
restricted to an area of less than 10 square miles (26 square 
kilometers). Bidens micrantha ssp. ctenophylla is known from three wild 
and four outplanted populations totaling approximately 2,000 to 3,000 
individuals, the majority of which occur in only two (wild) 
populations. This subspecies is threatened by fire and nonnative 
plants, and two populations are threatened by residential and 
commercial development. The threats to B. micrantha ssp. ctenophylla 
from fire and nonnative plants are of a high magnitude and imminent 
because they are occurring range-wide, they threaten the continued 
existence of the species, and no efforts for their control have been 
undertaken. In addition, two populations are also threatened by 
development. Therefore, we retained an LPN of 3 for this subspecies.
    Brickellia mosieri (Florida brickell-bush)--The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. This species is 
restricted to pine rocklands of Miami-Dade County, Florida. This 
habitat requires periodic prescribed fires to maintain the low 
understory and prevent encroachment by native tropical hardwoods and 
exotic plants, such as Brazilian pepper. Only one large population (up 
to 10,000 individuals) is known to exist, plus 18 other occurrences 
each containing less than 100 individuals. Ten of these occurrences are 
on conservation lands. 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 
depression) threats. Thus, the overall magnitude of threat 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. This species is a 
robust, short-rhizomatous perennial found in wet forest, open bogs, and 
bog margins on the islands of Maui and Hawaii, Hawaii. Historically 
rare, C. expansa was restricted to wet forest and bogs on Maui. It is 
unknown what the historical status was on Hawaii. Currently, this 
species is known from 100 populations totaling approximately 400 
individuals on Maui, and was recently discovered in five populations 
totaling approximately 300 individuals on the island of Hawaii. 
Calamagrostis expansa is threatened by pigs that degrade and destroy 
habitat and by nonnative plants that outcompete and displace it. Feral 
pigs have been fenced out of most of the west Maui populations where C. 
expansa 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 and in all of the 
populations on the island of Hawaii. Therefore, the threats from feral 
pigs and nonnative plants are of a high magnitude and imminent for C. 
expansa and we retained an LPN of 2 for this species.
    Calamagrostis hillebrandii (Hillebrand's 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 hillebrandii is a slender, short-rhizomatous perennial 
found in Metrosideros-Machaerina montane wet bog or Metrosideros-
Rhynchospora-Oreobolus mixed bog on Maui, Hawaii. This species is known 
from two populations of about 2,000 individuals, restricted to the bogs 
of west Maui. There is an unconfirmed report of C. hillebrandii from 
central Molokai. This species is currently threatened by pigs

[[Page 69081]]

that degrade and destroy habitat and nonnative plants that outcompete 
and displace it. A portion of one population is protected by an 
ungulate exclosure fence while the other population may indirectly 
benefit from conservation actions for ungulate control and control of 
nonnative plants conducted in a nearby preserve. The threats are 
imminent because they are ongoing in one of the two known populations. 
Because they threaten the continued existence of the species, the 
threats are high in magnitude. Therefore, we retained an LPN of 2 for 
this species.
    Calliandra locoensis (no common name)--The following summary is 
based on information from our files. No new information was provided in 
the petition we received on May 11, 2004. Calliandra locoensis is a 
spiny, leguminous shrub currently known from only two localities within 
the Sus[uacute]a Commonwealth Forest in the municipalities of Yauco and 
Sabana Grande, in southwestern Puerto Rico. Twenty-five native species 
of Calliandra have been reported for the Antilles, three of which are 
native to Puerto Rico, including Calliandra locoensis. This species is 
endemic to Puerto Rico, and was discovered in 1991 during a study of 
the flora of the Sus[uacute]a Commonwealth Forest. It was described by 
Garc[iacute]a and Kolterman in 1992.
    Calliandra locoensis is found along one creek in semi-evergreen to 
deciduous forests on shallow, serpentine soils with low nutrients, high 
drainage, and low fertility. Much of the vegetation in the forest was 
cut for wood, cultivation, livestock grazing, and charcoal production, 
prior to its designation as a public forest. Calliandra locoensis 
exhibits a low degree of self-compatibility in pollination tests. Seeds 
have a short viability period, do not appear to have a biotic dispersal 
agent (dispersed by dehiscence--seed pod splits open), and require 
mesic conditions for germination, which may be factors in the limited 
distribution of the species. The small number of individuals in the two 
populations, restricted distribution (two localities), forest 
management practices (accidental trampling, brush clearing, trail 
maintenance), forest fires (natural or manmade), and catastrophic 
natural events (hurricanes, floods, mudslides), threaten this species. 
We assigned an LPN of 5 to this species because the magnitude of threat 
to Calliandra locoensis is high because the threats can result in 
direct mortality and further reduce the populations, combined with its 
restricted distribution, apparent low dispersal capability, and 
population number (only two small populations relatively close to one 
another). The threats are nonimminent given that the populations are 
found within protected lands and there are no known projects or 
management activities planned that would destroy the known populations 
of Calliandra locoensis.
    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 two disjunct ridge tops in the 
Klamath-Siskiyou Range on the California-Oregon border. In California, 
this species is currently found at 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. In 1998, five Siskiyou mariposa 
lily plants were discovered on Bald Mountain, west of Ashland, Jackson 
County, Oregon.
    Major threats include competition and shading by native and 
nonnative species fostered by suppression of wild fire; increased fuel 
loading and subsequent risk of wild fire; fragmentation by roads, fire 
breaks, tree plantations, and radio-tower facilities; maintenance and 
construction around radio towers and telephone relay stations located 
on Gunsight Peak and Mahogany Point; and soil disturbance 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 California 
population, affecting 90 percent of the known lily habitat. 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 two disjunct populations, poor competitive ability, 
short seed dispersal distance, slow growth rates, low seed production, 
apparently poor survival rates in some years and competition from 
exotic plants threaten the continued existence of this species. Because 
of the restricted range and low numbers, the magnitude of threats is 
high. While some of the threats are ongoing, others are not, and 
overall the threats are nonimminent. We assigned an LPN of 5 to this 
species.
    Calyptranthes estremerae (no common name)--The following summary is 
based on information from our files. No new information was provided in 
the petition we received on May 11, 2004. Calyptranthes estremerae is a 
small tree from the subtropical moist forest of northwestern Puerto 
Rico, in the municipalities of Camuy, Utuado, and Arecibo. 
Calyptranthes estremerae was only known from several individuals found 
near the recreation area adjacent to the Camuy Caves, but specimens 
were later found within the R[iacute]o Abajo Commonwealth Forest (up to 
50 individuals) at a site that was affected by the construction of 
Highway PR 10 in 1995. At the present time, a minimum of 100 specimens 
of Calyptranthes estremerae are estimated for the R[iacute]o Abajo 
Commonwealth Forest and undetermined number in the Camuy area. The 
magnitude of threat to Calyptranthes estremerae is considered high, due 
to restricted distribution and small number of individuals, 
catastrophic natural events, and the potential destruction of specimens 
from expansion of recreational facilities. However, these threats are 
not imminent, because the largest known population of Calyptranthes 
estremerae is found within protected lands, there are no known projects 
planned that would destroy the sites, and the species can be 
transplanted successfully. Therefore, we assign an LPN of 5 to 
Calyptranthes estremerae.
    Canavalia napaliensis (Awikiwiki)--We have not updated our 
candidate assessment for this species, as we are currently developing a 
proposed listing rule.
    Canavalia pubescens (Awikiwiki)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Awikiwiki is a perennial 
climber found in lowland dryland forest on Maui and Lanai, and is 
possibly on the island of Niihau, Hawaii. This species is known from 
eight populations totaling at least 123 individuals. This species is 
threatened by development (Maui), goats (Maui) and axis deer (Maui and 
Lanai) that degrade and destroy habitat, and by nonnative plants that 
outcompete and displace native plants (both islands). An ungulate 
exclosure fence protects six individuals of C. pubescens, and weed 
control is ongoing at this location on Maui. This species is 
represented in two ex situ collections. Threats to this species from 
feral goats, axis deer, and nonnative plants are ongoing, or imminent, 
and of high magnitude because they significantly affect the species 
throughout its range. Therefore, we retained an LPN of 2 for this 
species.

[[Page 69082]]

    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 on the summit of Mount Harrison in Cassia County, Idaho. 
This endemic species is considered a hemiparasite, and it grows in 
association with subalpine meadow and sagebrush habitats. The 
population found on 85 ha (220 ac) may be large (greater than 10,000 
individual plants); however, an accurate current population estimate is 
not yet available. Monitoring indicates that reproductive stems per 
plant and plant density decreased significantly between 1995 and 2005. 
The largest threat to the species is from nonnative invasive plants, 
the majority of which is smooth brome (Bromus inermis). Despite a 
commitment by the Forest Service and the Service to control smooth 
brome until our efforts are successful or for the next 10 years, recent 
control efforts conducted in 2005 and 2006 have not been successful in 
reducing the smooth brome infestation. Other threats to Castilleja 
christii from recreational use appear to be mostly seasonal and affect 
only a small portion of the population, although they too are imminent. 
The magnitude of the threats is moderate at this time, primarily due to 
the lack of control over the smooth brome infestation. This threat from 
smooth brome is imminent because the threat still persists in levels 
that affect the native plant community that provides habitat for C. 
christii. Thus, we assign an LPN of 8 to this species.
    Chamaecrista lineata var. keyensis (Big Pine partridge pea)--See 
above in ``Summary of Listing Priority Changes in Candidates.'' The 
above summary is based on information in our files. No new information 
was provided in the petition we received on May 11, 2004. New survey 
results were attained in March 2006.
    Chamaesyce deltoidea pinetorum (Pineland sandmat)--See above in 
``Summary of Listing Priority Changes in Candidates.'' The above 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004.
    Chamaesyce deltoidea ssp. serpyllum (Wedge spurge)--See above in 
``Summary of Listing Priority Changes in Candidates.'' The above 
summary is based on information in our files. No new information was 
provided in the petition we received on May 11, 2004.
    Chamaesyce eleanoriae (Akoko)--We have not updated our candidate 
assessment, as we are currently developing a proposed listing rule for 
this species.
    Chamaesyce remyi var. kauaiensis (Akoko)--We have not updated our 
candidate assessment for this species, as we are currently developing a 
proposed listing rule.
    Chamaesyce remyi var. remyi (Akoko)--We have not updated our 
candidate assessment for this species as we are currently developing a 
proposed listing rule.
    Charpentiera densiflora (Papala)--We have not updated our candidate 
assessment, as we are currently developing a proposed listing rule for 
this species.
    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 
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 San Fernando Valley spineflower 
include threatened destruction, modification, or curtailment of its 
habitat or range, and other natural or manmade factors. The threats to 
Chorizanthe parryi var. fernandina from habitat destruction or 
modification are less than they were four years ago. One of the two 
populations (Ahmanson Ranch) is in permanent, public ownership and is 
being managed by an agency that is working to conserve the plant. The 
other population (Newhall Ranch) is under 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. Chorizanthe parryi var. fernandina may 
be threatened by invasive nonnative plants, including grasses, which 
could potentially displace it from available habitat; compete for 
light, water, and nutrients; and reduce survival and establishment. 
Chorizanthe parryi var. fernandina is particularly vulnerable to 
extinction due to its concentration in two isolated areas. The 
existence of only two areas of occurrence, and a relatively small 
range, makes the variety highly susceptible to extinction or 
extirpation from a significant portion of its range due to random 
events such as fire, drought, erosion, or other occurrences. We 
retained an LPN of 6 for C. 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 at five islands in the Florida Keys 
and one small area in Everglades National Park. 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.
    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 appears to have had severe 
impacts, at least in the short-term. Plants have not been located in 
Everglades National Park since Hurricane Wilma and other occurrences 
probably declined due to inundation of its coastal barren and rockland 
hammock habitats. The long-term effects of these impacts are unknown. 
Sea level rise is considered a major threat that will continue. 
Potential effects from other changes in fresh water 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, especially following 
Hurricane Wilma. Thus, these factors constitute a high

[[Page 69083]]

magnitude of threat. Threats are imminent as 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 has since been extirpated there 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, Little Torch Key and Biscayne National Park. Outplanting 
has resulted in the reestablishment of a population in Dagny Johnson 
Key Largo Hammock Botanical State Park in North Key Largo as well as in 
some of the lower keys. Outplanting success has been low and more 
research is needed to determine the requirements of this cactus. Few 
plants remain in the population at The Nature Conservancy's Torchwood 
Hammock Preserve on Little Torch Key. Two sexual morphs (males and weak 
hermaphrodites) comprise the population on Little Torch Key. The female 
sex morph is absent from the population and sexual reproduction at this 
site is not possible without human intervention. Regeneration in this 
population is restricted to clonal propagation. At least 629 plants 
were discovered on a key in Biscayne National Park in November of 2001. 
During monitoring work conducted in 2005, a total of 655 plants were 
documented. Recent studies have found no genetic diversity within the 
two wild populations. The results were consistent with previous 
reproductive biology studies that suggested that the cactus does not 
propagate sexually and that asexual reproduction is the main life 
history strategy of this species. The causes for the population decline 
of this species include destruction or modification of habitat, 
predation from Cactoblastis cactorum moths and disease, poaching and 
vandalism, sea level rise, and hurricanes. Because of low population 
numbers, lack of variation between and within populations, reproductive 
problems, and numerous ongoing threats, we assigned this species an LPN 
of 2.
    Cordia rupicola (no common name)--See above in ``Summary of Listing 
Priority Changes in Candidates.'' The above summary is based on 
information from our files. No new information was provided in the 
petition we received on May 11, 2004.
    Cyanea asplenifolia (Haha)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Cyanea asplenifolia is a 
shrub found in Acacia-Metrosideros (koa-ohia) forest on Maui, Hawaii. 
Currently, this species is known from three populations totaling fewer 
than 187 individuals. Cyanea asplenifolia is threatened by pigs, goats, 
and cattle that degrade and destroy habitat and by nonnative plants, 
such as Australian tree fern, that outcompete and displace it. This 
species is likely threatened by habitat degradation caused by axis deer 
and by feral ungulates, rats, and slugs that may directly prey upon and 
defoliate individuals. Pig and goat exclusion fences protect 
individuals of two of the three known populations of this species and 
nonnative plants have been reduced in one fenced area; however, 
continued monitoring of these fences will be necessary, as feral 
ungulates from surrounding areas can easily access unmaintained fenced 
areas. This species is represented in three ex-situ collections. The 
threats continue to be of a high magnitude because they significantly 
affect the species resulting in direct mortality or reduced 
reproductive capacity. The threats are imminent because they are 
ongoing in at least two of the three known populations. Therefore, we 
retained an LPN of 2 for this species.
    Cyanea calycina (Haha)--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 unbranched 
shrub found in Acacia-Metrosideros-Dicranopteris (koa-ohia-uluhe) 
montane mesic to wet forest and wet gulches and streambanks on Oahu, 
Hawaii. Cyanea calycina is known from 28 populations totaling 
approximately 262 individuals. This species is threatened by pigs that 
degrade and destroy habitat, and by nonnative plants that outcompete 
and displace it. Potential threats to this species include goats that 
degrade and destroy habitat, and rats and slugs that may directly prey 
upon and defoliate individuals. Ungulate fences provide protection to 
five populations of C. calycina in the Waianae Mountains, but the 
fences must be continually maintained to prevent incursion. Nonnative 
plants are currently being controlled within the fenced areas, and 
partial control measures are being implemented to address potential 
threats from rats. There are no other conservation measures underway in 
the other 23 populations to alleviate these ongoing, or imminent, 
threats to C. calycina. These threats are of a high magnitude because 
they significantly affect the species throughout its limited range 
resulting in direct mortality or reduced reproductive capacity. The 
threats are imminent in all but five populations. Therefore, we 
retained an LPN of 2 for this species.
    Cyanea eleeleensis (Haha)--We have not updated our candidate 
assessment for this species, as we are currently developing a proposed 
listing rule.
    Cyanea kuhihewa (Haha)--We have not updated our candidate 
assessment for this species, as we are currently developing a proposed 
listing rule.
    Cyanea kunthiana (Haha)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Cyanea kunthiana is a shrub 
found in closed Metrosideros-Dicranopteris (ohia-uluhe) montane wet 
forest on Maui, Hawaii. The historic range of C. kunthiana was wet 
forest on the island of Maui. Currently, C. kunthiana is declining 
throughout its range and is known from 15 populations with a combined 
total of slightly more than 200 individuals. This species is threatened 
by pigs that directly prey upon the plants and degrade and destroy 
habitat, and by nonnative plants that outcompete and displace it. 
Potential threats to this species include rats and slugs that may 
directly prey upon and defoliate individuals. While large-scale 
fencing, ungulate removal, and invasive species control measures are 
underway in areas in which five of the current populations exist, these 
efforts have not served to completely remove these threats, and there 
are no efforts to control the ongoing and imminent threats to the other 
10 populations. Therefore, the threats continue to be of a high 
magnitude to C. kunthiana. Because the threats continue to be of a high 
magnitude and are imminent for 10 of the 15 populations, we retained an 
LPN of 2 for this species.
    Cyanea lanceolata (Haha)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Cyanea lanceolata is a shrub 
found in Acacia koa-Metrosideros polymorpha (koa-ohia) lowland mesic 
forest on Oahu, Hawaii. This species is known from six populations 
totaling fewer than 100 individuals. Cyanea lanceolata is threatened by 
pigs that eat plants and degrade and destroy habitat, and by nonnative 
plants that outcompete and

[[Page 69084]]

displace it. Likely threats to this species include rats and slugs that 
may directly prey upon and defoliate individuals. This species is 
represented in an ex-situ collection. There are no conservation 
measures underway to alleviate the ongoing, or imminent, threats to C. 
lanceolata. These threats are of a high magnitude because they are 
occurring throughout its limited range and they significantly affect 
species resulting in direct mortality or reduced reproductive capacity. 
The threats are ongoing, and, therefore, imminent, in all populations. 
Therefore, we retained an LPN of 2 for this species.
    Cyanea obtusa (Haha)--The following summary is based on information 
contained in our files. No new information was provided in the petition 
we received on May 11, 2004. Cyanea obtusa is a shrub found in 
Metrosideros polymorpha (ohia) mixed mesic forest on Maui, Hawaii. This 
species is known from three populations with a combined total of fewer 
than 44 individuals, with 30 of these being possible hybrids. Cyanea 
obtusa is threatened by feral goats, pigs, and cattle that degrade and 
destroy habitat, and by nonnative plants that outcompete and displace 
it. Potential threats include fire, and rats and slugs that may 
directly prey upon and defoliate individuals of C. obtusa. Feral pigs 
have been fenced out of one of the three populations of this species. 
Nonnative plant control is underway in the fenced area. Although one of 
the three populations of C. obtusa has been fenced and is undergoing 
weed control, there are no efforts to control the ongoing and imminent 
threats to the other two populations. The threats continue to be of a 
high magnitude for C. obtusa because they significantly affect the 
species resulting in direct mortality or reduced reproductive capacity. 
Therefore, we retained an LPN of 2 for this species.
    Cyanea tritomantha (Aku)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Cyanea tritomantha is a palm-
like tree found in Metrosideros-Cibotium montane wet forest on the 
island of Hawaii, Hawaii. This species is known from five populations 
with a total of approximately 135 wild and 373 outplanted individuals 
in Olaa, Kau, and Laupahoehoe on the island of Hawaii. Cyanea 
tritomantha is threatened by pigs and cattle that degrade and destroy 
habitat, and nonnative plants that outcompete and displace it. 
Potential threats to this species include rats and slugs that may 
directly prey upon and defoliate individuals, and human trampling of 
individuals located near trails. Feral pigs and cattle have been fenced 
out of three populations of C. tritomantha and nonnative plants have 
been reduced in the fenced areas. Although three populations of C. 
tritomantha have been fenced and weeds are being controlled in these 
fenced areas, there are no efforts to control the ongoing and imminent 
threats to the other populations. The threats continue to be of a high 
magnitude to C. tritomantha because they significantly affect the 
species resulting in direct mortality or reduced reproductive capacity. 
Because the threats continue to be of a high magnitude and are imminent 
for the unmanaged populations, we retained an LPN of 2 for this 
species.
    Cyrtandra filipes (Haiwale)--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. Haiwale is a shrub found in 
lowland to montane wet forest on Maui and Molokai, Hawaii. Historically 
rare, C. filipes was found in southeastern Molokai and west Maui. 
Currently, this species is known from nine populations, three on 
Molokai and six on west Maui, totaling approximately 2,000 individuals. 
There is some question as to the true identity of the Maui populations, 
which do not fit the description of the species precisely. If, upon 
further taxonomic study, the Maui populations are determined not to be 
this species, then it is even more rare, with only the Molokai 
population of a few individuals remaining. Cyrtandra filipes is 
threatened by pigs, goats, and deer that degrade and destroy habitat, 
by nonnative plants that outcompete and displace it, and potentially by 
rats that directly prey on it. Feral pigs have been fenced out of one 
of the populations of C. filipes, and strategic fencing for axis deer 
is under construction on west Maui, but deer are able to jump over most 
pig exclusion fences so they are still considered a threat. Nonnative 
plants are being reduced in the population that is fenced but all 
populations are potentially threatened by rats. The threats from pigs 
and nonnative plants are of a high magnitude because of their severity 
and the fact that they occur in eight of the nine known populations. In 
addition, these threats are imminent because they are ongoing. 
Therefore, we retained an LPN of 2 for this species.
    Cyrtandra kaulantha (Haiwale)--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. Cyrtandra kaulantha is a 
shrub found in moist wooded gulches in dense shade on Oahu, Hawaii. 
This species is known from four populations with a total of 29 
individuals in subgulches in Waianu Valley. Cyrtandra kaulantha is 
threatened by pigs that degrade and destroy habitat, nonnative plants 
that outcompete and displace it, genetic bottlenecks, random 
demographic fluctuations, and stochastic environmental events such as 
tree falls and hurricanes. Direct predation by slugs is a potential 
threat, as well. None of the populations are protected by fences. 
Nonnative plants have been reduced in the four known populations. There 
are no other conservation measures being taken to alleviate these 
ongoing and imminent threats to C. kaulantha. These threats are of a 
high magnitude because of their severity and the fact that they are 
occurring throughout its limited range. Therefore, we retained an LPN 
of 2 for this species because the threats continue to be of a high 
magnitude and are imminent in all populations.
    Cyrtandra oenobarba (Haiwale)--We have not updated our candidate 
assessment for this species, as we are currently developing a proposed 
listing rule.
    Cyrtandra oxybapha (Haiwale)--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. Cyrtandra oxybapha is a shrub 
found in Metrosideros polymorpha-Cheirodendron trigynum (ohia-olapa) 
montane wet forest to mesic Acacia-Metrosideros (koa-ohia) forest on 
Maui, Hawaii. Currently, this species is known only from one population 
totaling 50 to 100 individuals in the Kahikinui area of east Maui and 
one additional population of 20 to 30 individuals on west Maui. This 
species is threatened by pigs, goats, and cattle that degrade and 
destroy habitat, and by nonnative plants that outcompete and displace 
it. Fire is a likely threat at the Kahikinui population. The 
individuals within the fence at Kahikinui benefit from management 
actions; however, the remaining individuals there and on west Maui are 
threatened by pigs, goats, cattle, and likely threatened by fire. The 
threats are of a high magnitude because of their severity and are 
imminent since they are ongoing. Therefore, we retained an LPN of 2 for 
C. oxybapha.
    Cyrtandra sessilis (Haiwale)--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.

[[Page 69085]]

Cyrtandra sessilis is a shrub found in wet gulch bottoms and slopes of 
mesic valleys and wet forests on Oahu, Hawaii. This species is known 
from two populations totaling approximately 80 individuals in Waikane 
and Hawaii Loa in the Koolau Mountains. Cyrtrandra sessilis is 
threatened by pigs that degrade and/or destroy habitat, by nonnative 
plants that outcompete and displace it, and by reduced reproductive 
vigor. Flooding and landslides are likely threats to one population. No 
on-the-ground conservation efforts have been initiated, but this 
species is represented in an ex-situ collection. Pigs and nonnative 
plants are found throughout the mesic and wet forest habitat in which 
C. sessilis occurs, making these threats ongoing and imminent. These 
threats are of high magnitude because of their severity and because 
they are occurring throughout its limited range. We retained an LPN of 
2 for this species.
    Dalea carthagenensis floridana (Florida prairie-clover)--See above 
in ``Summary of Listing Priority Changes in Candidates.'' The above 
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 (Hirsts' panic grass)--The following summary 
is based on information from our files. No new information was provided 
in the petition we received on May 11, 2004. D. hirstii is a perennial 
grass that produces erect leafy flowering stems from May to October. D. 
hirstii occurs in coastal plain intermittent ponds, usually in wet 
savanna or pine barren habitats and is found at only two sites in New 
Jersey, one site in Delaware, and one site in North Carolina. While all 
four extant D. hirstii populations are located on public land or 
privately owned conservation lands, natural threats to the species from 
encroaching vegetation and fluctuations in climatic conditions remain 
of concern and may be exacerbated by anthropomorphic factors occurring 
adjacent to the wetland habitat of the species. Given the low numbers 
of plants found at each site, even minor changes in the habitat of the 
species could result in local extirpation. Loss of any known sites 
could result in a serious protraction of the species' range. However, 
the most immediate and severe of the threats to this species (i.e., 
ditching of the Laboundsky 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 threats of a 
high magnitude but low imminence, we retained an LPN of 5 for this 
species.
    Digitaria pauciflora (Florida pineland crabgrass)--The following 
summary is based on information in our files. No new information was 
provided in the petition we received on May 11, 2004. Digitaria 
pauciflora occurs in the pineland/prairie ecotones and prairies in 
Miami-Dade and Monroe Counties, Florida. Pine rocklands in Miami-Dade 
County have largely been destroyed by residential, commercial, and 
urban development and agriculture. Most remaining habitat has been 
negatively altered, and this species has been extirpated from much of 
its historical range. Two large occurrences remain within Everglades 
National Park and Big Cypress National Preserve. While privately owned 
pine rocklands and prairies are at risk to development, the plants on 
Federal lands are protected from this threat. This grass is threatened 
by habitat loss and habitat degradation due to fire suppression, the 
difficulty of applying prescribed fire to pine rocklands, and exotic 
plants. Since the only remaining populations are on lands managed by 
the National Park Service, the threats of fire suppression and exotics 
are somewhat reduced. The nearby presence of the exotic Old World 
climbing fern is of particular concern due to its ability to rapidly 
spread. In Big Cypress National Preserve, plants are currently 
threatened by off-road vehicle use. 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 have a negative effect on 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. Sea level rise will likely be a 
factor over the long-term. Overall, the magnitude of threats is 
considered to be high because this species has been extirpated from all 
pine rocklands in Miami-Dade County outside of Everglades National 
Park. However, the more significant threats are not currently occurring 
(Old World climbing fern is not yet in the area where the species is 
found and the effects of Everglades restoration are unknown at this 
time), and are, thus, nonimminent. Therefore, we assigned an LPN 5 for 
this species.
    Dubautia imbricata ssp. imbricata (Naenae)--We have not updated our 
candidate assessment for this species, as we are currently developing a 
proposed listing rule.
    Dubautia plantaginea ssp. magnifolia (Naenae)--We have not updated 
our candidate assessment for this species, as we are currently 
developing a proposed listing rule.
    Dubautia waialealae (Naenae)--We have not updated our candidate 
assessment for this species, as we are currently developing a proposed 
listing rule.
    Echinomastus erectocentrus var. acunensis (Acuna cactus)--See above 
in ``Summary of Listing Priority Changes in Candidates.'' The above 
summary is based on information contained in our files and the petition 
we received on October 30, 2002.
    Erigeron lemmonii (Lemmon fleabane)--The following summary is based 
on information contained in our files and the petition we received in 
July 1975. The species is known from one site in a canyon in the Fort 
Huachuca Military Reservation of southeastern Arizona. As of 2006, 
approximately 950 plants were known from this site. The population had 
not been inventoried since the 1990s, but a complete assessment was 
completed in 2006; approximately 500 more plants were located and 
occupied habitat encompasses about 1 square kilometer.
    The threats to this species are from catastrophic wildfire in the 
canyon and on-going drought conditions. We do not know if this species 
has any adaptations to fire. Due to its location on cliffs, we suspect 
that fires that may have occurred at more regular intervals and burned 
at low intensities may have had little to no effect on this species. It 
may be that the fire intensity and associated heat is only high enough 
to damage or kill plants on adjacent cliffs, especially near the 
ground, when an extended absence results in an accumulated fuel load. 
Even with an accumulated fuel load, the plants that are much higher on 
the cliff face probably would not be affected. Ft. Huachuca Military 
Reservation has indicated a willingness to develop a conservation 
agreement for this species. The magnitude of threats is moderate, 
because we believe that not all of the population would be adversely 
affected by a wildfire or drought. The threats are imminent because the 
likelihood of a fire is high due to the ongoing drought. We retained an 
LPN of 8 for this species due to moderate, imminent threats.
    Eriogonum codium (Umtanum Desert buckwheat)--The following summary 
is based on information from our files. No

[[Page 69086]]

new information was provided in the petition we received on May 11, 
2004. This species is a long-lived, slow-growing, woody perennial plant 
that forms low dense mats. The known range of the species is a single 
location along a ridge on federally owned land in the Hanford National 
Monument in Washington State. Although it is found exclusively on 
exposed basalt from the Lolo Flow of the Wanapum Basalt Formation, it 
is unknown if the close association is related to the chemical 
composition or physical characteristics of the bedrock or other 
factors. Individual plants may exceed 100 years of age, based on counts 
of annual growth rings of dead plants. After its discovery in 1995, the 
population was counted in 1997. This count reported 5,228 living 
individuals, and by 2005 the figure had dropped to 4,418, representing 
a 15 percent decline in the population over eight years. A draft 
population viability analysis based on 9 years of demographic data was 
recently completed. This study determined that that there is little or 
no risk of a population decline greater than 90 percent within the next 
100 years, but there is a 72 percent chance of a decline of 50 percent 
over the next century.
    The major threats to the species are wildfire, fire-fighting 
activities, trampling, and invasive weeds. However, the relationship 
between the current decline in population numbers and the known threats 
is not clearly understood at this time. With the possible exception of 
wildfire, the observed decline in population numbers and recruitment 
since 1997 is not directly attributable to the currently known threats. 
Because the population is small, limited to a single site, and 
sensitive to fire and disturbance, the species remains vulnerable to 
the identified threats. The magnitude of threats is high, because, 
given the limited range of the species and the degree of uncertainty 
about its habitat and the cause of its declines, any of the threats 
could adversely affect its continued existence. The threats are both 
ongoing and imminent in nature. Because the species continues to be 
vulnerable to these threats, we assigned an LPN of 2 to this species.
    Eriogonum kelloggii (Red Mountain buckwheat)--The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. 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 50 acres and 900 square feet, 
respectively. Occupied habitat at Red Mountain is scattered over 4 
square miles. Total population size is estimated at between 20,000 and 
30,000 plants, which occur in 44 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, that are not 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. The species distribution by ownership 
is described as follows: Federal (Bureau of Land Management)--69 
percent (this portion of the distribution was recently included in the 
South Fork Eel River Wilderness Area, managed by BLM); State of 
California--1 percent; and private--30 percent. 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.
    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 four 
populations totaling approximately 1,000 individuals in and around the 
Pohakuloa Training Area on the island of Hawaii. Historically, this 
species was also found on Hualalai and Puu Huluhulu on Hawaii and 
possibly Ulupalakua on Maui, but it no longer occurs at these sites. 
Festuca hawaiiensis is threatened by pigs, goats, mouflon, and sheep 
that degrade and destroy habitat; fire; military training activities; 
and nonnative plants that outcompete and displace it. Feral pigs, 
goats, mouflon, and sheep have been fenced out of a portion of the 
populations of F. hawaiiensis, and nonnative plants have been reduced 
in the fenced areas. Firebreaks have been established at two 
populations. However, these threats are imminent because they are not 
controlled and are ongoing in the remaining, unfenced populations. The 
threats are of a high magnitude because they could adversely affect F. 
hawaiiensis 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 from our files and in the petition we received in 1975. 
Guadalupe fescue is a member of the Poaceae (Grass family). This 
species is currently only known from higher elevations in the Chisos 
Mountains in the Big Bend Area of Texas (one population) and adjacent 
Coahuila, Mexico (two populations). The population in Big Bend National 
Park is bisected by a trail and subject to occasional trampling by 
horses and hikers. The magnitude of threats for Guadalupe fescue is 
moderate to low because of population monitoring and trail operation by 
the National Park Service. Based on monitoring results, threats to the 
U.S. population are nonimminent because of conservation actions at Big 
Bend National Park to address threats to the species. Thus, we assign 
an LPN of 11 to 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. Nanu is a tree found in mesic 
to wet forest on islands of Kauai, Molokai, Maui, and Hawaii, Hawaii. 
Gardenia remyi is known from 19 populations totaling between 77 and 104 
individuals throughout its range. 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. 
It is also threatened by landslides on the island of Hawaii. This 
species is represented in an ex situ collection. 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, 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 they are significant enough 
that they could adversely affect the species resulting in direct 
mortality or reduced reproductive capacity. Therefore, we retained an 
LPN of 2 for this species.
    Geranium hanaense (Nohoanu)--See above in ``Summary of Listing 
Priority

[[Page 69087]]

Changes in Candidates.'' The above summary is based on information 
contained in our files. No new information was provided in the petition 
we received on May 11, 2004.
    Geranium hillebrandii (Nohoanu)--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. Geranium hillebrandii is a 
decumbent subshrub found in bogs on Maui, Hawaii. Previously known from 
two populations totaling approximately 1,000 to 2,000 individuals, it 
is currently known, as a result of more thorough surveys, from three 
populations totaling 10,000 individuals. Geranium hillebrandii is 
moderately threatened by pigs that degrade and destroy habitat, and by 
nonnative plants that outcompete and displace it. Conservation measures 
taken to control feral pigs and nonnative plants reduce the impact of 
these threats to G. hillebrandii; however, continued monitoring will be 
necessary to keep the areas threat-free. The threats from feral pigs 
and nonnative plants are, therefore, of a moderate magnitude to this 
species; however, these threats are imminent because they are ongoing 
in half of the populations. Therefore, we retained an LPN of 8 for this 
species.
    Geranium kauaiense (Nohoanu)--We have not updated our candidate 
assessment for this species, as we are currently developing a proposed 
listing rule.
    Gonocalyx concolor (no common name)--The following summary is based 
on information from our files. No new information was provided in the 
petition we received on May 11, 2004. Gonocalyx concolor is a small 
evergreen epiphytic shrub. Currently, G. concolor is known only from 
the dwarf or elfin forest type in the Carite Commonwealth Forest (Cerro 
La Santa), located in the Sierra de Cayey in the municipalities of 
Guayama, Cayey, Caguas, San Lorenzo, and Patillas in southeastern 
Puerto Rico. The population previously reported in the Caribbean 
National Forest is apparently no longer extant. The limited 
distribution (i.e., the entire population located at one site) and low 
population numbers (approximately 172 individuals) of G. concolor, 
habitat destruction from construction of roads and telecommunication 
towers, certain forest management practices such as the development and 
maintenance of trails, and potential for catastrophic natural events 
threaten this species. Gonocalyx concolor has a restricted distribution 
that renders this species vulnerable to natural (e.g., hurricanes, 
landslides) or manmade (e.g., telecommunication towers, forest 
management practices) threats to its habitat and population, thus 
making the threat magnitude high. The Puerto Rico Department of Natural 
and Environmental Resources developed a management plan for the Carite 
Commonwealth Forest in 1976. This management plan includes the 
protection and conservation of species classified under PRDNER 
regulations as critical, threatened, or endangered. Actions that may 
impact such species are generally scrutinized, and measures to minimize 
or avoid impacts to these species are recommended and implemented, if 
deemed appropriate. Thus, the immediacy of the threats is nonimminent. 
Therefore, we have assigned an LPN of 5 for the Gonocalyx concolor.
    Hazardia orcuttii (Orcutt's hazardia)--The following summary is 
based on information contained in our files and the petition we 
received on March 8, 2001. Hazardia orcuttii is an evergreen shrubby 
species in the Asteraceae (sunflower family). The erect shrubs are 50-
100 centimeters (20-40 inches) high. The only known extant native 
occurrence of this species in the U.S., is in the Manchester 
Conservation Area in northwestern San Diego County, California. This 
site is managed by Center for Natural Lands Management. Hazardia 
orcuttii also occurs at a few coastal sites in Mexico, where it has no 
conservation standing in Mexico. The occurrences in Mexico are 
threatened by the rapid rate of coastal development from Tijuana to 
Ensenada. There are approximately 600 native plants remaining in the 
U.S. and the population in Mexico is estimated at approximately 1,300 
plants. Apparent threats to the U.S. population include pedestrian 
trampling, on- and off-leash dogs, and creation of bicycle trails near 
Hazardia orcuttii plants. Competition from invasive nonnative plants 
may pose a threat to the reproductive potential of this species. 
Another significant threat is the apparently low reproductive output of 
the species. This stems from a recent study that found that 95 percent 
of the flowers examined were damaged by insects or fungal agents or 
aborted prematurely, and that insects or fungal agents damaged 50 
percent of the seeds produced. The threats are of a high magnitude 
because they are significant enough that they could adversely affect 
the continued existence of the species. Overall, the threats are 
nonimminent since the species occurs in a protected area where some of 
the threats are not occurring since they are managed. Therefore, we 
assigned this species a listing priority of 5.
    Hedyotis fluviatilis (Kamapuaa)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Kamapuaa is a scandent shrub 
found in mixed shrubland to wet lowland forest on Oahu and Kauai, 
Hawaii. This species is known from 12 populations totaling 800 to 1,200 
individuals throughout its range. Hedyotis fluviatilis is threatened by 
pigs and goats that degrade and destroy habitat, and by nonnative 
plants that outcompete and displace it. All of the threats occur range-
wide and no efforts for their control or eradication are being 
undertaken. We retained an LPN of 2 because the severity of the threats 
is high and are ongoing so are imminent.
    Helianthus verticillatus (Whorled sunflower)--See above in 
``Summary of Listing Priority Changes in Candidates.'' The above 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004.
    Hibiscus dasycalyx (Neches River rose-mallow)--The following 
summary is based on information from our files. No new information was 
provided in the petition received on May 11, 2004. Neches River rose-
mallow is a perennial woody herb growing 1-2 meters tall with one or 
more stems per clump and white flowers 7.5-15 centimeters wide, 
consisting of five 5-10 centimeter-long white petals with deep red or 
purple at the base. The Neches River rose-mallow appears to be 
restricted to wetlands, or those portions of wetlands that are exposed 
to open sun and normally hold standing water early in the growing 
season, with water levels dropping during late summer and fall. This 
species appears to have community dominance within the narrow band 
between high and low water levels in wetlands exposed to open sun. 
However, historical habitat has been affected by drainage or filling of 
floodplain depressions and oxbows, stream channelization, road 
construction, timber harvesting, agricultural activities (primarily 
mowing and grazing), and herbicide use. Threats that continue to 
potentially affect the species include wetland alteration, herbicide 
use, grazing, mowing during the species' growing and flowering period, 
and genetic swamping by other Hibiscus species.
    A 1995 status survey of 10 counties resulted in confirmation or 
discovery of the species in only three sites, but in three separate 
counties and three different watersheds, suggesting a

[[Page 69088]]

relatively wide historical range. These three populations--Ponta site 
in Cherokee County, Lovelady in Houston County, and Highway 94 in 
Trinity County--were all within highway rights-of-way and somewhat 
protected by a management agreement between Texas Parks and Wildlife 
Department and Texas Department of Transportation. Because these sites 
were still vulnerable to herbicides and adjacent agricultural 
activities, they supported relatively low population numbers: In 2005, 
Ponta (Highway 204) had declined to 0 plants; Lovelady (Highway 230), 
to 0 plants; and Highway 94, to 20 plants. Continued surveys for H. 
dasycalyx have resulted in new populations. About 300 plants were found 
on land owned by the Temple-Inland Corporation in east Trinity County. 
A Candidate Conservation Agreement was developed for this site, but 
smaller plant numbers have been seen in recent years, possibly due to 
changes in the wetland's hydrology. Another site discovered on land 
previously owned by Champion International Corporation (near White Rock 
Creek in west Trinity County) once supported 300-400 plants. However, 
the status of this population is currently unknown due to a change in 
ownership.
    In west Houston County, a population of 300 to 400 plants 
discovered on private land has been purchased by the Natural Area 
Preservation Association, a land trust organization, in order to 
protect this land in perpetuity. In east Houston County, a population 
discovered in Compartment 55 in Davy Crockett National Forest numbered 
over 1,000 in 2006. Davy Crockett National Forest represents the only 
public land within the range of H. dasycalyx. In 2000, nearly 800 
plants were introduced into Compartments 16 and 20 of Davy Crockett 
National Forest as part of a reintroduction effort. One population has 
retained high numbers (350 in 2006), but the second was affected by a 
change in hydrology and has declined to 50 plants in 2006. In 2004, 200 
plants were placed in a wetland in Compartment 11 of Davy Crockett 
National Forest. This attempt has not been successful; only 10 plants 
were seen in 2006 and all showed evidence of wilt and insect predation. 
Four unconfirmed reports of the Neches River rose-mallow in Davy 
Crockett National Forest will be investigated in 2008.
    The threats to the species continue to be of a high magnitude 
because they can severely affect the survival and reproductive capacity 
of the species. Overall the threats are nonimminent since they are not 
currently affecting or likely to affect the majority of the populations 
of this species in the immediate future. Thus, we have retained an LPN 
of 5 for the Neches River rose-mallow.
    Indigofera mucronata keyensis (Florida indigo)--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. 
Florida indigo occurs in coastal rock barrens, ecotone rock barren 
areas, and scraped areas mimicking rock barren habitat. Based upon 
available data, there are 12 occurrences of Florida indigo on eight 
islands in the upper and middle Florida Keys, in Monroe County; half of 
the original occurrences in the Keys are now extirpated, as are 
historic occurrences on mainland Florida in Collier and Miami-Dade 
Counties. Most occurrences are small; total population size is probably 
close to 3,000 individuals. One of the largest occurrences (500 
individuals) is on private lands. Florida indigo is threatened by 
habitat loss, even on public lands, as well as habitat loss and 
degradation from exotic plants on all sites. Shading by hardwoods is a 
problem at approximately half of the sites. Planned restoration 
activities, illegal dumping, and trespass have also been identified as 
threats. Florida indigo is vulnerable to natural disturbances, such as 
hurricanes, tropical storms, and storm surges; however, these factors 
may also work to maintain coastal rock barren habitat in the long-term. 
Sea level rise is considered a long-term threat that will continue. 
Overall, the threats are moderate in magnitude because most populations 
occur on public land where there is some work being done to manage for 
this species. The threats are ongoing, and therefore, imminent. Thus, 
we assigned an LPN of 9 to this plant variety.
    Ivesia webberi (Webber ivesia)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Ivesia webberi is a low, 
spreading, perennial herb that occurs very infrequently in Lassen, 
Plumas, and Sierra Counties, 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 Desert. 
Currently, the global population is estimated at approximately 4.8 
million individuals at 15 known sites. The Nevada sites support nearly 
98 percent of the total number of individuals (4.7 million) on about 30 
acres of occupied habitat. The California sites are larger in area, 
totaling about 156 acres, but support fewer individuals (approximately 
115,000).
    The primary threats to Webber ivesia include urban development, 
authorized and unauthorized roads, off-road vehicle activities and 
other dispersed recreation, livestock grazing and trampling, fire and 
fire suppression activities including fuels reduction and prescribed 
fires, and displacement by noxious weeds. Despite the high numbers of 
individuals, observations in 2002 and 2004 confirmed that direct and 
indirect impacts to the species and its habitat, specifically from 
urban development and off-highway vehicle activity remain high and are 
likely to increase. The threats are therefore of a high magnitude. 
However, the U.S. Forest Service has committed to develop a 
conservation strategy and monitoring program to protect this species on 
National Forest lands, 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 Forest Service and 
State of Nevada have agreed to coordinate closely on all activities 
that may affect this species. For these reasons, we determined that the 
threats to Webber ivesia are nonimminent and we maintained an LPN of 5 
for this species.
    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. Ohe is an erect 
herb found in wet to mesic Metrosideros polymorpha-Acacia koa (ohia-
koa) forest on the islands of Kauai, Oahu, Molokai, Maui, and Hawaii, 
Hawaii. Joinvillea ascendens ssp. ascendens is known from 37 
populations totaling approximately 200 individuals throughout its 
range. Plants are typically found as only one or two individuals, with 
miles between populations. This subspecies is threatened by pigs, 
goats, and deer that degrade and destroy habitat, and by nonnative 
plants that outcompete and displace native plants. Predation by pigs, 
goats, deer, and rats is a likely threat to this species. 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

[[Page 69089]]

have been fenced out of a few of the populations of J. ascendens ssp. 
ascendens, and nonnative plants have been reduced in a few populations 
that are fenced. However, these threats are not controlled and are 
ongoing in the remaining, unfenced populations. The threats to this 
species are of high magnitude because habitat degradation, nonnative 
plants and predation could affect the ability of the species to 
survive. The threats are on-going, and thus are imminent. Therefore, we 
retained an LPN of 3 for this subspecies.
    Keysseria erici (no common name)--We have not updated our candidate 
assessment for this species, as we are currently developing a proposed 
listing rule.
    Keysseria helenae (no common name)--We have not updated our 
candidate assessment for this species, as we are currently developing a 
proposed listing rule.
    Korthalsella degeneri (Hulumoa)--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. Hulumoa is a parasitic 
subshrub found on two species of native trees, Sapindus oahuensis and 
Nestegis sandwicensis, only in diverse mesic forests on Oahu, Hawaii. 
Recent surveys indicate that the species is known only from one 
population of 900 to 1,000 individuals in Makua Valley. Korthalsella 
degeneri is threatened by pigs and goats that degrade and destroy 
habitat, fire, and nonnative plants that outcompete and displace native 
plants. Goats and pigs may prey upon the plant species K. degeneri is 
dependent on. Goats and pigs have been partially fenced out of the area 
in Makua Valley where K. degeneri currently occurs, but some goats are 
still present. Fires resulting from military activities have been 
minimized but not completely eliminated. Threats continue to be of a 
high magnitude and imminent, because they are ongoing and because of 
the potential for the elimination of the only known population by a 
single fire event. Therefore, we retained an LPN of 2 for this species.
    Labordia helleri (Kamakahala)--We have not updated our candidate 
assessment for this species, as we are currently developing a proposed 
listing rule.
    Labordia pumila (Kamakahala)--We have not updated our candidate 
assessment for this species, as we are currently developing a proposed 
listing rule.
    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, 
Alabama, where only six populations of this species are documented. 
Glade habitats today have been reduced to remnants fragmented by 
agriculture and development. Populations of this species are now 
located in glade-like areas exhibiting various degrees of disturbance 
including pastureland, roadside rights-of-way, and cultivated or plowed 
fields. The most vigorous populations of this species are located in 
areas which receive full, or near full, sunlight with limited 
herbaceous competition. The magnitude of threat is high for this 
species, because with the limited number of populations, the threats 
could result in direct mortality or reduced reproductive capacity of 
the species. The immediacy of threat is nonimminent since there are no 
known projects planned that would destroy any sites and the species is 
able to withstand some disturbance. Thus, we assigned an LPN of 5 to 
this species.
    Leavenworthia texana (Texas golden gladecress)--The following 
summary is based on information from our files. No new information was 
provided in the petition we received on May 11, 2004. The Texas golden 
gladecress is a small annual member of the mustard family, with deep, 
yellow petals only 7-10 mm long; flowering is February through March. 
The gladecress occurs only on the Weches outcrops of east Texas in San 
Augustine and Sabine counties. The Weches geologic formation consists 
of a layer of calcareous sediment, lying above a layer of glauconite 
clay deposited up to 50 million years ago. Erosion of this complex has 
produced topography of steep, flat-topped hills and escarpments, as 
well as the unique ecology of Weches glades: islands of thin, loamy, 
seepy, alkaline soils that support open-sun, herbaceous, and highly 
diverse and specialized plant communities.
    The gladecress was historically recorded at eight sites, all in a 
narrow region along north San Augustine and Sabine counties, following 
the Weches formation. All sites are on private land. Two historic 
locations have been lost to glauconite mining. A nearby glauconite mine 
has probably altered the water regime at another historic site. Two 
sites are currently closed to visitors, so biologists could not 
evaluate the number of plants they could support. However, the Sabine 
County site supported 1000 plants within 9 square meters in 2007. The 
Tiger Creek site in San Augustine County (less than 0.1 ha in size) was 
found to have about 200 gladecress in 2007. The Kardell site (less than 
9 square meters) has supported 400-500 plants in past years, but none 
in 2005. An introduced population in Nacogdoches County numbered about 
1000 within an area of about 18 square meters in 2007.
    Historic gladecress habitat has been affected by highway 
construction, residential development, conversion to pasture and 
cropland, widespread use of herbicide, overgrazing, and glauconite 
mining. However, the primary threat to existing gladecress populations 
is the invasion of nonnative and weedy shrubs and vines (primarily 
Macartney rose (Rosa bracteata) and Japanese honeysuckle (Lonicera 
japonica)). All known sites are undergoing severe degradation by the 
incursion of nonnative shrubs and vines, which restrict both growth and 
reproduction of the gladecress. Brushclearing carried out in 1995 
resulted in the reappearance of gladecress after a 10-year absence at 
one site. However, nonnative shrubs have again invaded this area. More 
effective control measures, such as burning and selective herbicide 
use, need to be tested and monitored. The small number of known sites 
also makes the gladecress vulnerable to extreme natural disturbance 
events. A severe drought in 1999 and 2000 had a pronounced adverse 
effect on gladecress reproduction. Since the threat from nonnative 
plants severely affects all known sites, the magnitude is high. The 
threats are imminent since they are ongoing. Therefore, we retain an 
LPN of 2 for the Texas golden gladecress.
    Lesquerella globosa (Desvaux) Watson (Short's bladderpod)--The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. Short's bladderpod is a perennial member of the mustard family 
that occurs in Indiana (1 location), Kentucky (6 locations), and 
Tennessee (18 locations). It grows on steep, rocky, wooded slopes, 
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 Lesquerella globosa. 
Specific activities that have affected the species in the past and 
potentially threaten it now, include bank stabilization, herbicide use, 
mowing during the growing season, grading of road shoulders, and road

[[Page 69090]]

widening or repaving. Sediment deposition during road maintenance or 
from other activities also potentially threatens the species. 
Interruption of natural processes that maintained habitat suitability 
and competition from invasive nonnative vegetation necessitates active 
habitat management at many locations. Given the number of threats that 
could adversely affect the ability of this species to survive, the 
magnitude of threat is high. Based upon the number of populations and 
the anticipation that most of these threats will not be realized in the 
next 1-2 years, the threats are nonimminent. We have therefore assigned 
an LPN of 5 to this species.
    Linum arenicola (Sand flax)--The following summary is based on 
information in our files. No new information was provided in the 
petition we received on May 11, 2004. Based upon available data, there 
are 10 extant occurrences of sand flax; 11 others are extirpated or 
destroyed. Only small and isolated occurrences remain in a restricted 
range of southern Florida and the Florida Keys. Habitat loss and 
degradation due to development is a major threat--most of the remaining 
occurrences are on private land or non-conservation public land. 
However, much of the pine rocklands on Big Pine Key are protected. 
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 and control exotics on conservation lands. 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 8-9 
weeks post-storm. We also consider sea level rise to be a substantial 
threat that will reduce the extent of upland habitats. Due to the small 
and fragmented nature of the current population, stochastic events, 
disease, or genetic bottlenecks may strongly affect this species. 
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. Viability is uncertain. Overall, the magnitude 
of threats is high and most threats are ongoing and thus are imminent. 
Therefore, we assigned an LPN of 2 to this species.
    Linum carteri var. carteri (Carter's small-flowered flax)--The 
following summary is based on information in our files. No new 
information was provided in the petition we received on May 11, 2004. 
This plant occupies open sites in pinelands of Miami-Dade County, 
Florida. Occurrences with fewer than 100 individuals are located on 
three county-owned preserves. An occurrence with more than 100 plants 
is on a non-conservation site owned by the U.S. government. The 10 
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. The species 
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 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 none are truly viable. As 
a result, the magnitude of threats is high. Because no viable 
populations of this plant exist, threats are imminent, so we assigned 
an LPN of 3 to this plant variety.
    Lysimachia daphnoides (Lehua makanoe)--We have not updated our 
candidate assessment for this species, as we are currently developing a 
proposed listing rule.
    Melicope christophersenii (Alani)--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. Melicope christophersenii 
is a long-lived perennial shrub or tree found in Metrosideros 
tremuloides montane wet forest in the Waianae Mountains on Oahu, 
Hawaii. Currently, this species is known from one wide-spread area 
totaling approximately 300 individuals. Melicope christophersenii is 
threatened by feral pigs that may eat it and degrade and destroy 
habitat, and nonnative plants that compete for light and nutrients. The 
black twig borer may pose a threat to M. christophersenii because it is 
known to infest other species of Melicope on Oahu and it occurs 
throughout the Waianae Mountains. Only a few individuals may benefit 
from fencing that the U.S. Army has constructed. The threats to M. 
christophersenii from feral pigs, nonnative plants, and the black twig 
borer are imminent and of a high magnitude because they represent 
severe threats to the species throughout its limited range and they are 
ongoing; therefore, we retained an LPN of 2 for this species.
    Melicope degeneri (Alani)--We have not updated our candidate 
assessment, as we are currently developing a proposed listing rule for 
this species.
    Melicope hiiakae (Alani)--We have not updated our candidate 
assessment, as we are currently developing a proposed listing rule for 
this species.
    Melicope makahae (Alani)--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. Melicope makahae is a shrub 
or shrubby tree found in mesic forest in the Waianae Mountains on Oahu, 
Hawaii. Currently M. makahae is known from two populations on two 
discrete ridges, totaling approximately 200 individuals. This species 
is threatened by goats and pigs that degrade and destroy habitat, and 
likely prey upon the plants, and nonnative plants that compete for 
light and nutrients. The black twig borer is a likely threat to M. 
makahae, because it is known to infest other species of Melicope on 
Oahu and it occurs throughout the Waianae Mountains. Portions of both 
populations are within fenced and managed areas; however, the threats 
to M. makahae from goats, pigs, nonnative plants, and the black twig 
borer are of a high magnitude because they pose a severe threat to all 
unmanaged individuals range-wide. The threats are imminent, since they 
are ongoing. Therefore, we retained an LPN of 2 for this species.
    Melicope paniculata (Alani)--We have not updated our candidate 
assessment for this species, as we are currently developing a proposed 
listing rule.
    Melicope puberula (Alani)--We have not updated our candidate 
assessment for this species, as we are currently developing a proposed 
listing rule.
    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 cloud swept ridges and wet forest 
on Kauai and Oahu, Hawaii. This species is currently known from 9 
populations totaling approximately 56 individuals on Kauai and from 8 
populations totaling between

[[Page 69091]]

73 and 83 individuals in the Koolau mountains of Oahu. Myrsine 
fosbergii is threatened by feral pigs and goats that degrade and 
destroy habitat and may prey upon the plant, and nonnative plants that 
compete for light and nutrients. 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 are on-going and therefore imminent. We 
retained an LPN of 2 for this species.
    Myrsine mezii (Kolea)--We have not updated our candidate 
assessment, as we are currently developing a proposed listing rule for 
this species.
    Myrsine vaccinioides (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 vaccinioides is a 
small branched shrub found in shrubby bogs on Maui, Hawaii. This 
species is found scattered throughout the bogs of west Maui, totaling 
fewer than 1,000 individuals. Myrsine vaccinioides is threatened by 
feral pigs that degrade and destroy habitat, and nonnative plants that 
compete for light and nutrients. Pig exclusion fences protect some 
individuals of this species, and nonnative plants have been reduced 
around some individuals that are fenced. However, these ongoing 
conservation efforts benefit only a small number of the known 
individuals. Further, nonnative plants will probably never be 
completely eradicated because new propagules are constantly being 
dispersed into the fenced areas from surrounding, unmanaged lands. The 
threats are of a high magnitude because they pose a severe threat 
throughout the limited range of the species and are ongoing, and thus 
imminent. Therefore, we retained an LPN of 2 for this species.
    Narthecium americanum (Bog asphodel)--The following summary is 
based on information from 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 savannah areas, usually with water moving through 
the substrate, as well as in sandy bogs along streams and rivers. The 
historic range of bog asphodel include New York, New Jersey, Delaware, 
North Carolina, and South Carolina, but is now only found within the 
Pine Barrens region of New Jersey.
    As an obligate wetland species, N. americanum is threatened by 
changes in hydrology, loss of habitat due to filling or draining of 
wetlands, flooding as a result of reservoir construction, and 
conversion of natural wetlands to commercial cranberry bogs. This 
species occurs in the Pine Barrens region, and the Pinelands Commission 
issues the State-assumed Clean Water Act Section 404 permits. The 
Pinelands Commission grants wetland exemptions to cranberry production 
and other agricultural uses. Illegal wetland filling is occurring. For 
example, a cranberry expansion was illegally completed without a State 
permit. In addition, activities not needing State or federal permits 
are occurring in uplands that are indirectly affecting the wetlands. 
Natural succession of vegetation in wetlands supporting bog asphodel 
from emergent (herbaceous) to forested wetlands may also be 
contributing to the decline of the species. Suppression of natural 
wildfires that would retard succession or created open wetland 
savannahs may be a factor in the decline of the species. Other factors 
adversely affecting N. americanum include trampling, erosion, and 
siltation caused by recreationists on foot or using off-road vehicles. 
Approximately 70 percent of known extant populations occur on State-
owned lands. We are working with the New Jersey Department of 
Environmental Protection to abate known moderate threats at these sites 
from recreational use and erosion. Approximately 30 percent of the 
known extant sites are on privately owned lands, many of which are 
threatened by habitat degradation from on-site or adjacent residential 
or commercial development. Overall, the threats are moderate due to the 
protection provided by the State on State-owned lands. The threats are 
ongoing and therefore are imminent. Therefore, we retained 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. Aiea is a small tree found in 
dry to mesic forest and diverse mesic forests on Kauai, Oahu, Maui, 
Molokai, and Lanai, Hawaii. Nothocestrum latifolium is known from 19 
populations totaling fewer than 1,100 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. Ungulates have been 
fenced out of some areas where N. latifolium currently occurs, and 
nonnative plants have been reduced in some populations that are fenced. 
However, these ongoing conservation efforts for this species benefit 
only a few of the known populations. The threats are not controlled and 
are ongoing in the remaining unfenced populations. In addition, little 
regeneration is observed in this species. Therefore, the threats are of 
a high magnitude since they are severe enough to affect the continued 
existence of the species. The threats are imminent since they are 
ongoing. Therefore, we retained an LPN of 2 for this species.
    Ochrosia haleakalae (Holei)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Holei is a tree found often 
on lava in dry to mesic forest on the islands of Hawaii and Maui, 
Hawaii. This species is currently known from 9 wild and outplanted 
populations totaling fewer than 500 individuals. Ochrosia haleakalae is 
threatened by fire; by feral pigs, goats, and cattle that degrade and 
destroy habitat and may directly prey upon holei; and by nonnative 
plants that compete for light and nutrients. Feral pigs, goats, and 
cattle have been fenced out of one wild and one outplanted population 
on private lands on the island of Maui and one outplanted population in 
Hawaii Volcanoes National Park on the island of Hawaii. Nonnative 
plants have been reduced in the fenced areas. No known conservation 
measures have been taken to date for the other populations on the 
islands of Maui and Hawaii. 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 since this threat has the potential to 
adversely affect the continued existence of this species. Therefore, we 
retained an LPN of 2 for this species.
    Pediocactus peeblesianus var. fickeiseniae (Fickeisen plains 
cactus)--The following summary is based on information contained in our 
files. No new information was provided in the petition we received on 
May 11, 2004. The Fickeisen plains cactus is a small

[[Page 69092]]

cactus known from the Gray Mountain vicinity to the Arizona strip in 
Coconino and Mohave counties, Arizona. The cactus grows on exposed 
layers of Kaibab limestone on canyon margins and well-drained hills in 
Navajoan desert or grassland. In 1999, Arizona Game and Fish Department 
noted 23 occurrences of the species, including historical ones. The 
species is located on Bureau of Land Management, U.S. Forest Service, 
tribal, and possibly State lands. Recent reports from the Bureau of 
Land Management and Navajo Nation describe populations of the species 
as being in decline.
    The main human-induced threats to this cactus are off-road vehicles 
and trampling associated with livestock grazing. Monitoring data has 
detected mortality associated with livestock grazing. Illegal 
collection of this species has been noted in the past, but we do not 
know if it is a continuing threat. The populations that have been 
monitored have been affected, in part, by the continuing drought. There 
has been very low recruitment, and rabbits and rodents have consumed 
adult plants since there is reduced forage available during these dry 
conditions. The threats are high magnitude because they adversely 
affect the plant resulting in direct mortality or reduced reproductive 
capacity. The threats are imminent because they are ongoing. The LPN 
for this plant variety remains a 3.
    Penstemon debilis (Parachute beardtongue)--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. Penstemon debilis 
is an extremely rare plant endemic to oil shale outcrops on the Roan 
Plateau escarpment in Garfield County, Colorado. Total estimated number 
of plants is approximately 3800 individuals. About 62 percent of the 
plants are on private land owned by Occidental Petroleum. Most of the 
remaining 38 percent occur in one population on Bureau of Land 
Management land that will soon be open to leasing under a new Resource 
Management Plan amendment. Pressure to develop energy reserves in this 
area is intense. Threats include habitat destruction caused by heavy 
equipment use of access roads through plant populations. These threats 
are high magnitude because they present a significant threat to the 
parachute beardtongue resulting in direct mortality or reduced 
reproductive capacity. We maintained an LPN 2 for this species based on 
a dramatic increase in the intensity of energy exploration in the last 
three years along the Roan Plateau escarpment.
    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. The White River 
beardtongue is restricted to calcareous soils derived from oil shale 
barrens of the Green River Formation in the Uinta Basin of northeastern 
Utah and adjacent Colorado. There are 14 occurrences known in Utah and 
1 in Colorado. Most of the occupied habitat of the White River 
beardtongue is within developed and expanding oil and gas fields. The 
location of the species' habitat exposes it to destruction from road, 
pipeline, and well-site construction in connection with oil and gas 
development. Recreational off-road vehicle use, heavy grazing by 
livestock, and wildlife and livestock trampling are additional threats. 
Based on current information, we retained an LPN of 6 because these 
nonimminent threats present a significant risk to this plant variety.
    Peperomia subpetiolata (Ala ala wai nui)--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. Ala ala wai nui 
is a short-lived perennial herb found in montane mesic forest on Maui, 
Hawaii. This species is known from one occurrence consisting of two 
subpopulations on windward east Maui, totaling 23 individuals. Further 
study of the occurrence indicates that the plants may actually 
represent clones of only six genetically distinct individuals. 
Peperomia subpetiolata is threatened by feral pigs that may eat this 
plant and degrade and destroy habitat, and by nonnative plants that 
compete for light and nutrients. Individuals that occur within the 
Waikamoi Preserve may benefit from fencing and management actions; 
however, all of the threats occur range-wide. We retained an LPN of 2 
because the threats are of a high magnitude because they pose a 
significant threat to the species resulting in direct mortality or 
reduced reproductive capacity, and are ongoing so are imminent.
    Phacelia submutica (DeBeque phacelia)--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. DeBeque phacelia 
is an annual flowering plant endemic to clay soils derived from the 
Atwell Gulch and Shire members of the Wasatch Formation in Mesa and 
Garfield Counties, Colorado. There are approximately 40 populations, 
all less than five acres. The number of plants varies from none to 
thousands each year, depending on precipitation. The habitat coincides 
with high quality oil and gas reserves of the Piceance Basin, mostly on 
federal lands. The primary threats are gas field development and 
associated construction and transportation activities, as well as 
increased access for all-terrain vehicles. Substantial surface 
disturbance alters the unique soil structure and destroys seed banks 
that are critical to the survival of this species. These threats are 
ongoing, therefore imminent. They are of moderate magnitude because the 
threat from oil and gas construction and transportation activities only 
affects a little over half of the land area where this plant occurs. We 
retained an LPN of 8 for this species.
    Phyllostegia bracteata (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. Phyllostegia 
bracteata is a scandent perennial herb found in Metrosideros-
Cheirodendron-Dicranopteris (ohia-olapa-uluhe) montane wet forest. 
Currently this species is known from five populations totaling no more 
than 19 individuals on east and west Maui. Phyllostegia bracteata is 
threatened by feral pigs that may directly prey upon it and degrade and 
destroy habitat, nonnative plants that compete for light and nutrients, 
and reduced reproductive vigor and randomly occurring natural events. 
The threats to P. bracteata from pigs and nonnative plants are of a 
high magnitude and imminent because in light of their severity, they 
pose a risk to the species range-wide, are ongoing, and are not subject 
to any control efforts. Therefore, we retained an LPN of 2 for this 
species.
    Phyllostegia floribunda (no common name)--See above in ``Summary of 
Listing Priority Changes in Candidates.'' No new information was 
provided in the petition we received on May 11, 2004.
    Phyllostegia hispida (no common name)--We have not updated our 
candidate assessment, as we are currently developing a proposed listing 
rule for this species.
    Physaria tuplashensis (White Bluffs bladder-pod)--The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
White Bluffs bladder-pod is a low-growing, herbaceous, short-lived, 
perennial plant in the Brassicaceae (mustard) family. Historically and 
currently, White Bluffs

[[Page 69093]]

bladder-pod has only been known from a single population that occurs 
along the White Bluffs of the Columbia River in Franklin County, 
Washington. The entire range of the species is a narrow band, 
approximately 33 feet (10 meters) wide by 10.6 miles (17 kilometers) 
long, at the upper edge of the bluffs. The species occurs only on 
cemented, highly alkaline, calcium carbonate paleosol (a ``caliche'' 
soil) and is believed to be a ``calciphile.'' Approximately 35 percent 
of the known range of the species has been moderately to severely 
affected by landslides, an apparently permanent destruction of the 
habitat. The entire population of the species is down-slope of 
irrigated agricultural land, the source of the water seepage causing 
the mass failures and landslides. Other significant threats include the 
presence of invasive plants, and some potential use of the habitat by 
recreational off road vehicles. While P. tuplashensis is inherently 
vulnerable because it is a narrow endemic, the threats are nonimmient 
since they are unlikely to occur in the immediate future, except the 
threat from invasive plants. Invasive plants are present in the 
vicinity, but have not yet been described as a significant problem. 
Currently, we know of no plans to expand or significantly modify the 
existing agriculture activities in areas adjacent to the population. In 
addition, deliberate modification of the species' immediate habitat is 
unlikely due to its location and 85 percent Federal ownership. However, 
because the threats could negatively affect the only known population 
of this species, the threats are high in magnitude. Therefore we 
assigned an LPN of 5 to this species.
    Pittosporum napaliense (Hoawa)--We have not updated our candidate 
assessment for this species, as we are currently developing a proposed 
listing rule.
    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 and 
Tennessee. Historically, there were at least 90 populations of 
Platanthera integrilabia. Currently there are only 53 extant sites 
supporting the species.
    Several populations have been lost to road, residential and 
commercial construction, and to projects that altered soil and site 
hydrology and thereby reduced site suitability for the species. Several 
of the known populations are in or adjacent to powerline rights-of-way. 
Mechanical clearing of these areas may benefit the species by 
maintaining adequate light levels; however, the use of herbicides could 
pose a significant threat to the species. All-terrain vehicles have 
damaged several sites and pose a threat to most sites. Most of the 
known sites for the species occur in areas that are managed 
specifically for timber production. Timber management is not 
necessarily incompatible with the protection and management of the 
species. However, care must be taken during timber management to ensure 
that the hydrology of the bogs that supports the species is not 
altered. Natural succession can result in decreased light levels. 
Because of the dependence of the species 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 threat. Herbivory (primarily deer) threatens the 
species at several sites. Protection and recovery of this species is 
dependent upon active management rather than just preservation of its 
habitat. Invasive, nonnative plants such as Japanese honeysuckle and 
kudzu threaten several sites. Given the number and severity of current 
threats to this species, the magnitude of threat is high. Based upon 
the number of populations and the anticipation that most of these 
threats will not be realized in the next 1-2 years, the threats are 
nonimminent. We, therefore, assigned an LPN of 5 to this species.
    Platydesma cornuta var. cornuta (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 variety is an erect palmoid shrub found in mesic forest on Oahu, 
Hawaii. This variety is known from 9 populations with a combined total 
of approximately 36 individuals in the Koolau Mountains on the island 
of Oahu. Limited monitoring has shown that this population is 
declining. The threats to P. cornuta var. cornuta include feral pigs 
that degrade and destroy habitat and possibly prey upon it, and 
nonnative plants that compete for light and nutrients. All of the 
threats occur range-wide and no efforts for their control or 
eradication are being undertaken. We retained an LPN of 3 for this 
variety. The threats are of a high magnitude because they are 
sufficiently severe to result in direct mortality or significantly 
reduce the reproductive capacity of this plant variety. In addition, 
they are ongoing, so are imminent.
    Platydesma cornuta var. decurrens (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 variety is an erect palmoid shrub found in mesic forest on Oahu, 
Hawaii. This variety is known from several populations totaling a few 
hundred individuals in the Waianae Mountains. Platydesma cornuta var. 
decurrens is threatened by feral pigs and goats that degrade and 
destroy habitat and possibly prey upon the plants, and by nonnative 
plants that compete for light and nutrients. All of the threats occur 
range-wide, and no efforts for their control or eradication are being 
undertaken, other than the current protection of 5 individuals within a 
fenced enclosure maintained by The Nature Conservancy of Hawaii. We 
retained an LPN of 3 for this variety. The threats are high in 
magnitude because the threats are sufficiently severe to result in 
direct mortality or significantly reduce the reproductive capacity of 
this plant variety particularly given its small population size. In 
addition, the threats are ongoing, so are imminent.
    Platydesma remyi (no common name)--The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on May 11, 2004. Platydesma remyi is a 
shrub or shrubby tree found in wet forests on old volcanic slopes on 
the island of Hawaii, Hawaii. This species is known from two 
populations totaling fewer than 50 individuals. Platydesma remyi is 
threatened by feral pigs and cattle that degrade and destroy habitat, 
nonnative plants that compete for light and nutrients, reduced 
reproductive vigor, and stochastic extinction due to naturally 
occurring events. Only one individual is included in a rare plant 
exclosure in the Laupahoehoe Natural Area Reserve. These threats are 
ongoing and therefore imminent, and of a high magnitude because of 
their severity; the threats cause direct mortality or significantly 
reduce the reproductive capacity of the species throughout its limited 
range. Therefore, we retained an LPN of 2 for this species.
    Platydesma rostrata (Pilo kea lau lii)--We have not updated our 
candidate assessment for this species, as we are currently developing a 
proposed listing rule.
    Pleomele forbesii (Hala pepe)--The following summary is based on

[[Page 69094]]

information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Pleomele forbesii is a tree 
found in diverse mesic and dry forests on Oahu, Hawaii. This species is 
currently known from 16 populations totaling 500 individuals. Pleomele 
forbesii is threatened by predation by rats, habitat degradation and 
destruction by feral pigs and goats, fire, and nonnative plants that 
compete for light and nutrients. One population is protected within a 
fenced area by the U.S. Navy and the species is represented in an ex 
situ collection; however, no other conservation efforts are being 
implemented to alleviate the threats to P. forbesii. The threats are of 
a high magnitude because of their severity and their potential to 
adversely affect this plant throughout its range in all 16 populations. 
The threats are ongoing and therefore, imminent. Thus, we retained an 
LPN of 2 for this species.
    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. Soldier Meadow cinquefoil is a 
low-growing, rhizomatous, herbaceous perennial that is associated with 
alkali meadows, seeps, and occasionally marsh habitats bordering 
perennial thermal springs, outflows, and meadow depressions. In 
Humboldt County, Nevada, the species is known only from Soldier Meadow. 
In northeastern California, a single population occurs in Lassen 
County. At Soldier Meadow, there are 10 discrete known occurrences 
within an area of about 70 acres that support about 130,000 
individuals. The California population occupies less than an acre on 
private lands and supports fewer than 1,000 plants.
    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 recently by the Bureau of 
Land Management include the installation of fencing to exclude 
livestock, wild horses, burros and other large mammals; closing of 
access roads to spring, riparian, and wetland areas and the limiting of 
vehicles to designated routes; the establishment of a designated 
campground away from the habitats of sensitive species; the 
installation of educational signage; and, an increased staff presence, 
including law enforcement and a volunteer site steward during the six-
month period of peak visitor use. These conservation measures have 
reduced the magnitude of threat to the species to moderate; all 
remaining threats are nonimminent and involve long-term changes to the 
habitat for the species resulting from past impacts. Until a monitoring 
program is in place that allows us to assess the long-term trend of the 
species, we continue to assign this species an LPN of 11.
    Pritchardia hardyi (Loulu)--We have not updated our candidate 
assessment, as we are currently developing a proposed listing rule for 
this species.
    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 
Molokai and Maui, Hawaii. This variety is known from a total of four 
populations with several hundred individuals in the Moomomi area on the 
island of Molokai, and a single population of 25 individuals at Puu 
Kahulianapa on west Maui. Pseudognaphalium sandwicensium var. 
molokaiense is threatened by axis deer and cattle 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 and off-road vehicles that directly damage plants 
and degrade habitat. While ungulate exclusion fences protect the three 
populations of P. sandwicensium var. molokaiense on Molokai and 
nonnative plant control has been implemented in these populations, no 
conservation efforts have been initiated to date for the individuals on 
Maui. The ongoing threats from axis deer, cattle, nonnative plants, 
collection, and off-road vehicles are of a high magnitude because no 
control measures have been undertaken for the Maui population and the 
threats therefore pose a significant threat to this plant. Therefore, 
we retained an LPN of 3 for this variety.
    Psychotria grandiflora (Kopiko)--We have not updated our candidate 
assessment, as we are currently developing a proposed listing rule for 
this species.
    Psychotria hexandra ssp. oahuensis var. oahuensis (Kopiko)--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. Psychotria hexandra ssp. oahuensis var. oahuensis is a tree or 
shrub found in mesic and wet forests on Oahu, Hawaii. This variety is 
known from three populations of fewer than 20 individuals. Two other 
varieties of this subspecies, var. hosakana and var. rockii, are 
extinct. Psychotria hexandra ssp. oahuensis var. oahuensis is 
threatened by feral pigs and rats that consume this plant and degrade 
and destroy habitat, rats that consume its fruit, and nonnative plants 
that compete for light and nutrients. All of the threats occur range-
wide, and no efforts for their control or eradication are being 
undertaken. We retained an LPN of 3 because the threats are of a high 
magnitude because they could adversely affect this plant variety 
resulting in direct mortality or reduced reproductive capacity, and are 
ongoing, so are imminent.
    Psychotria hobdyi (Kopiko)--We have not updated our candidate 
assessment for this species, as we are currently developing a proposed 
listing rule.
    Pteralyxia macrocarpa (Kaulu)--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. Kaulu is a tree found in 
valleys and slopes in diverse mesic forest on Oahu, Hawaii. This 
species is known from 20 populations totaling less than 300 
individuals. This species is threatened by feral pigs and goats that 
degrade and destroy habitat; nonnative plants that compete for light 
and nutrients; and possibly by predation from feral pigs, goats, rats, 
and the two-spotted leafhopper. These threats are of a high magnitude 
because in light of their severity and the absence of control or 
eradication efforts, they have the potential to adversely affect this 
plant species throughout its limited range. The threats are also 
imminent because they are ongoing. We retained an LPN of 2 for this 
species.
    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 and Acacia koa with scree 
substrate on Maui and the island of Hawaii, Hawaii. Populations 
formerly within Haleakala National Park have been extirpated. This 
species is known from fewer than 300 individuals in six populations. 
Four wild populations occur on Hawaii, and three outplanted populations 
and two wild populations occur on Maui, one on east Maui at Kahikinui 
and one on west

[[Page 69095]]

Maui at Lihau. 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 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. Therefore, the threats from pigs, goats, cattle, mouflon, 
sheep, slugs, and nonnative plants are of a high magnitude and ongoing 
and 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 fewer than 200 
individuals on Molokai, more than 100 individuals on Maui, and 
approximately 76 individuals on Kauai. Ranunculus mauiensis is 
threatened by feral pigs, goats, 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. Feral pigs 
have been fenced out of the Maui populations of R. mauiensis, and 
nonnative plants have been reduced in the fenced areas. One individual 
occurs in the Kamakou Preserve on Molokai, managed by The Nature 
Conservancy of Hawaii. However, these ongoing conservation efforts 
benefit only the Maui and Molokai individuals and absent conservation 
efforts for the Kauia individuals, these threats present a significant 
risk to the continued existence of R. mauiensis. Therefore, the threats 
continue to be of a high magnitude to this species on Kauai. Threats to 
the species overall are also of a high magnitude, since half of the 
individuals are found on Kauai. In addition, threats to R. mauiensis 
are 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. Tahoe yellow cress is a small perennial 
herb known only from the shores of Lake Tahoe in California and Nevada. 
Data collected over the last 25 years generally indicate that species 
occurrence fluctuates yearly as a function of both lake level and the 
amount of exposed habitat. Records kept since 1900 show a preponderance 
of years with high lake levels that would isolate and reduce Tahoe 
yellow cress occurrences at higher beach elevations. From the 
standpoint of the species, less favorable peak years have occurred 
almost twice as often as more favorable low-level years. Annual surveys 
are conducted to determine population numbers, site occupancy, and 
general disturbance regime. During the 2003 and 2004 annual survey 
period, the lake level was approximately 6,224 ft (1,898 m); 2004 was 
the fourth consecutive year of low water. Tahoe yellow cress was 
present at 45 of the 72 sites surveyed (65 percent occupied), up from 
15 sites (19 percent occupied) in 2000 when the lake level was high at 
6,228 ft. Approximately 25,200 stems were counted or estimated in 2003, 
whereas during the 2000 annual survey, the estimated number of stems 
was 4,590. Lake levels began to rise again in 2005 and less habitat was 
available; intermediate lake levels are expected in 2007.
    Many Tahoe yellow cress 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 Tahoe yellow cress that include monitoring, fenced enclosures, and 
transplanting efforts when funds and staff are available. Public 
agencies (including the Service), private landowners, and environmental 
groups collaborated to develop a conservation strategy coupled with a 
Memorandum of Understanding/Conservation Agreement. The conservation 
strategy, completed in 2003, contains goals and objectives for recovery 
and survival, a research and monitoring agenda, and serves as the 
foundation for an adaptive management program. Because of the continued 
commitments to conservation demonstrated by regulatory and land 
management agencies participating in the conservation strategy, we have 
determined the threats to Tahoe yellow cress 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 Tahoe 
yellow cress habitat, and we consider this threat in particular to be 
ongoing and imminent. Therefore, we maintained an LPN of 8 for this 
species.
    Schiedea attenuata (no common name)--We have not updated our 
candidate assessment, as we are currently developing a proposed listing 
rule 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 Maui and Molokai, Hawaii. Currently, this species is known from six 
populations totaling approximately 100 individuals on Maui and Molokai. 
Schiedea pubescens is threatened by feral 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 Hawaii, and 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 three populations on 
Molokai. 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 pose a significant threat to the species, and 
imminent because they are ongoing. Therefore, we retained an LPN of 2 
for this species.
    Schiedea salicaria (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. Schiedea salicaria is an 
erect subshrub or shrub found on ridges and steep slopes in dry 
shrubland on Maui, Hawaii. Currently, this species is declining 
throughout its range, and is known from six populations totaling 100 to 
300 individuals, typically of 25 individuals per population. This 
species is threatened by cattle that may directly prey upon it and 
degrade and destroy habitat, fire, and nonnative plants that compete 
for light and nutrients. This species is represented in an ex-situ 
collection. All of the threats occur range-wide, and no efforts for 
their control or eradication are being undertaken. We retained an LPN 
of 2.

[[Page 69096]]

The threats are imminent because they are ongoing, and are of a high 
magnitude, because in light of their severity and the small size of the 
population, they have the potential to adversely affect the species.
    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 30 acres 
scattered over 4 square miles. Total population size is estimated at 
between 5,300 and 23,000 plants, contained within 27 habitat polygons. 
Intensive monitoring suggests considerable annual variation in plant 
seedling success and inflorescence production; stonecrop density varied 
from year-to-year. The primary threat to the species is the potential 
for surface mining for chromium and nickel. The entire distribution 
area of Red Mountain stonecrop is either owned by mining interests or 
covered by mining claims that are not 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. The species distribution by ownership is described as 
follows: Federal (Bureau of Land Management)--95 percent ( this portion 
of the distribution was recently included in the South Fork Eel River 
Wilderness Area, managed by BLM); and private--5 percent. Given the 
magnitude (high, because mining of the area would put the continued 
existence of the species at risk) and immediacy (nonimminent, because 
there are no known plans to mine the area) of the threat to the small, 
scattered populations, and its taxonomy (species), we assigned an LPN 
of 5 to this species.
    Sicyos macrophyllus (Anunu)--The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Sicyos macrophyllus is a 
perennial vine found in wet Metrosideros polymorpha (ohia) forest and 
subalpine Sophora chrysophylla-Myoporum sandwicense (mamane-naio) 
forest on the island of Hawaii, Hawaii. This species is known from six 
populations totaling a few hundred individuals in the Kohala and Mauna 
Kea areas and in Hawaii Volcanoes National Park (Puna area) on the 
island of Hawaii. It appears that a naturally occurring population at 
Kipuka Ki in Hawaii Volcanoes National Park is reproducing by seeds, 
but seeds have not been successfully germinated under nursery 
conditions. This species is threatened by feral pigs and sheep that 
degrade and destroy habitat, and nonnative plants that compete for 
light and nutrients. Feral pigs have been fenced out of some of the 
areas where S. macrophyllus currently occurs, but the fences do not 
exclude sheep. Nonnative plants have been reduced in the populations 
that are fenced. However, the threats are not controlled and are 
ongoing in the remaining, unfenced populations, and are, therefore, 
imminent. Similarly the threat from sheep is ongoing and imminent in 
all populations, because the current fences do not exclude sheep. In 
addition, all of the threats are of a high magnitude, because habitat 
degradation and competition from nonnative plants present a risk to the 
species, resulting in direct mortality or significantly reducing the 
reproductive capacity. Therefore, we retained an LPN of 2 for this 
species.
    Solanum nelsonii (popolo)--See above in ``Summary of Listing 
Priority Changes in Candidates.'' The above summary is based on 
information from our files. No new information was provided in the 
petition we received on May 11, 2004.
    Stenogyne cranwelliae (no common name)--The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Stenogyne 
cranwelliae is a creeping vine found in wet forest dominated by 
Metrosideros polymorpha on the island of Hawaii, Hawaii. Stenogyne 
cranwelliae is known from 10 populations totaling 100 individuals. This 
species is threatened by feral pigs that degrade and destroy habitat, 
and nonnative plants that compete for light and nutrients. In addition, 
this species is potentially threatened by rats that may directly prey 
upon it, and by randomly occurring natural events such as hurricanes 
and landslides. All of the threats occur range-wide and no efforts for 
their control or eradication are being undertaken. These threats are 
sufficient to adversely affect the species particularly in light of its 
small population size. We retained an LPN of 2 because the threats are 
of a high magnitude and are ongoing, so are imminent.
    Stenogyne kealiae (no common name)--We have not updated our 
candidate assessment for this species, as we are currently developing a 
proposed listing rule.
    Symphyotrichum georgianum (Georgia aster)--See above in ``Summary 
of Listing Priority Changes in Candidates.'' The above summary is based 
on information from our files. No new information was provided in the 
petition we received on May 11, 2004.
    Zanthoxylum oahuense (Ae)--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. Zanthoxylum oahuense is a 
small tree found in mesic to wet forest habitat on Oahu, Hawaii. 
Currently this species is known from 11 populations totaling fewer than 
40 individuals on Oahu. Zanthoxylum oahuense is threatened by feral 
pigs that directly prey upon it and degrade and destroy habitat, 
nonnative plants that compete for light and nutrients, and the two-
spotted leafhopper. All of the threats occur range-wide and no efforts 
for their control or eradication are being undertaken. These threats 
are sufficient to adversely affect the species particularly in light of 
its small population size. We retained an LPN of 2 for this species, 
because the threats are of a high magnitude and are ongoing, so are 
imminent.

Ferns and Allies

    Christella boydiae (no common name)--See above in ``Summary of 
Listing Priority Changes in Candidates.'' The above summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004.
    Doryopteris takeuchii (no common name)--We have not updated our 
candidate assessment, as we are currently developing a proposed listing 
rule for this species.
    Huperzia stemmermanniae (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. Waewaeiole, a 
pendant clubmoss, is found in mesic to wet Metrosideros polymorpha-
Acacia koa (ohia-koa) forests on the islands of Maui and Hawaii, 
Hawaii. Only four populations are known, totaling fewer than 30 
individuals on Hawaii and Maui. Huperzia stemmermanniae is threatened 
by feral pigs, goats, cattle, and deer that degrade and/or destroy 
habitat, and by nonnative plants that compete for light, space, and 
nutrients. Huperzia stemmermanniae is also threatened by randomly 
occurring

[[Page 69097]]

natural events due to its small population size. One population at 
Waikamoi Preserve may benefit from fencing for deer and pigs. The 
threats to H. stemmermanniae from pigs, goats, cattle, deer, and 
nonnative plants 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. 
They 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. 
Palapalai is a fern found in mesic to wet forests. It is currently 
found on the islands of Maui, Hawaii, and Oahu, from at least 11 
populations totaling more than 35 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 
nonnative plants that compete for light and nutrients. Pigs have been 
fenced out of areas on east and west Maui, and on Hawaii, where M. 
strigosa var. mauiensis currently occurs, and nonnative plants have 
been reduced in the fenced areas. However, the threats are not 
controlled and are ongoing in the remaining unfenced populations on 
Maui, Hawaii, and Oahu. Therefore, the threats from feral pigs and 
nonnative plants are imminent. They are also 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. We therefore retained an LPN of 3 for 
M. strigosa var. mauiensis.

Petitions To Reclassify Species Already Listed

    We previously made warranted-but-precluded findings on five 
petitions seeking to reclassify threatened species to endangered 
status. Because these species are already listed, they are not 
technically candidates for listing and are not included in Table 1. 
However, this notice and associated species assessment forms also 
constitute the resubmitted petition findings for these species. For the 
three grizzly bear populations, we have not updated our resubmitted 
petition findings through this notice as explained below. For the other 
two species (spikedace and loach minnow), we find that reclassification 
to endangered status is currently warranted but precluded by work 
identified above (see ``Petition Findings for Candidate Species'' 
above). One of the primary reasons that the work identified above is 
higher priority is that these species are currently listed as 
threatened under the Act, and therefore they already receive certain 
protections under the Act. The Service promulgated regulations 
extending take prohibitions for endangered species under section 9 to 
threatened species (50 CFR 17.31). Prohibited actions under section 9 
include, but are not limited to, take (i.e., harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture, or collect, or attempt to 
engage in such activity). Other protections include those under section 
7(a)(2) of the Act whereby Federal agencies must insure that any action 
they authorize, fund, or carry out is not likely to jeopardize the 
continued existence of any endangered or threatened species.
    (1) Grizzly bear (Ursus arctos horribilis) North Cascades 
ecosystem, Cabinet-Yaak, and Selkirk populations (Region 6)--We have 
not updated our finding with regard to the grizzly bear populations in 
the North Cascade, the Cabinet-Yaak, or the Selkirk Ecosystems in this 
notice. Between 1991 and 1999, we issued warranted but precluded 
findings to reclassify grizzly bears as endangered in the North 
Cascades (56 FR 33892-33894, July 24, 1991; 63 FR 30453-30454, June 4, 
1998), the Cabinet-Yaak (58 FR 8250-8251, February 12, 1993; 64 FR 
26725-26733, May 17, 1999), and the Selkirk Ecosystems (64 FR 26725-
26733, May 17, 1999). We also made previous resubmitted petition 
findings that uplisting these three populations to endangered was 
warranted but precluded through previous CNORS (most recently on 
September 12, 2006; 71 FR 53755). However, none of the findings 
included a formal analysis under our 1996 Policy Regarding the 
Recognition of Distinct Vertebrate Population Segments (DPS) under the 
Endangered Species Act (61 FR 4722-4725, February 7, 1996). Under this 
policy a formal analysis of discreteness and significance is necessary 
to determine if the entity is a ``listable entity.'' While our 1999 
revised 12-month finding performed a preliminary DPS analysis, it 
appears to have incorrectly analyzed significance to the listed entity 
(i.e., grizzly bears in the lower 48 States) instead of significance to 
the taxon (Ursus arctos horribilis) as required by our DPS policy (64 
FR 26725-26733, May 17, 1999; 61 FR 4722-4725, February 7, 1996; 
National Association of Home Builders v. Norton, 340 F. 3d 835, 852 
(9th Cir. 2003)). Additionally, emerging biological information now 
suggests increasing levels of connectivity among some of these 
populations, casting doubt on their discreteness.
    Also relevant is the March 16, 2007, Department of Interior Office 
of the Solicitor memorandum (available at: http://www.doi.gov/solicitor/M37013.pdf) regarding the meaning of ``significant portion of 
[a species'] range.'' This memorandum states that ``whenever the 
Secretary concludes because of the statutory five-factor analysis that 
a species is `in danger of extinction throughout * * * a significant 
portion of its range,' it is to be listed and the protections of the 
ESA applied to the species in that portion of its range.'' The 
memorandum goes on to say, ``the Secretary has broad discretion in 
defining what portion of a range is `significant.' '' To date, the 
Service has not determined whether the North Cascade, the Cabinet-Yaak, 
or the Selkirk Ecosystems each constitutes a significant portion of the 
grizzly bear's range or whether they only represent significant 
portions of the species' range when combined with other units.
    On April 18, 2007, the Service initiated a 5-year review to 
evaluate the current status of grizzly bears in the lower 48-States 
outside of the Greater Yellowstone Area (72 FR 19549-19551). This 
status review will fully evaluate the status of each population and the 
appropriate application of the DPS policy and the solicitor memorandum 
regarding recognition and listing of significant portions of range. We 
expect this 5-year review to be completed in 2008.
    (2) Spikedace (Meda fulgida) (Region 2) (see 59 FR 35303, July 11, 
1994, and the species assessment form (see ADDRESSES) for additional 
information on why reclassification to endangered is warranted-but-
precluded)--The spikedace, a small fish species in a monotypic genus, 
is found in moderate-to-large perennial waters, where it inhabits 
shallow riffles with sand, gravel, and rubble substrates, and moderate-
to-swift currents and swift pools over sand or gravel substrates. This 
species is now common only in Aravaipa Creek and portions of the upper 
Gila River in New Mexico. Smaller, less stable populations occur in 
some areas of the upper Gila, as well as in the Verde River.
    The threats to this species are primarily from nonnative aquatic 
species and water withdrawals, including groundwater pumping. Other 
threats include grazing, road construction, and recreation. Spikedace

[[Page 69098]]

occur in only 5 to 10 percent of their historical range, and threats 
occur over the majority of their range, to varying degrees. Threats are 
exacerbated by ongoing drought. In addition, different threats can 
interact with each other to further cause decline. For example, drought 
and water withdrawals may decrease the amount of habitat available to 
all species within a given stream, forcing natives and nonnatives into 
closer proximity to one another. Effects from nonnative species 
introductions are permanent, unless streams are actively renovated and/
or barriers installed to preclude further recolonization by nonnatives. 
Grazing pressures have eased somewhat as Federal agencies remove cattle 
from streams directly, but upland conditions continue to degrade 
watersheds in general. Groundwater withdrawals or exchanges that affect 
streamflow are not reversible. For these reasons, the magnitude of the 
threat to this species is high. In addition, most of the threats to 
this species are already ongoing, in particular grazing, water 
withdrawals, nonnative stocking programs, recreational use, and 
drought. Because threats have gone on for many years in the past, are 
associated with irreversible commitments (i.e., water exchanges), or 
are not easily reversed (i.e., nonnative stocking and impacts from 
grazing), the threats to the species are imminent. Therefore, we 
assigned this species an LPN of 1 for uplisting to endangered.
    (3) Loach minnow (Tiaroga cobitis) (Region 2) (see 59 FR 35303, 
July 11, 1994, and the species assessment form (see ADDRESSES) for 
additional information on why reclassification to endangered is 
warranted-but-precluded)--This small fish, the only species within the 
genus, is found in small-to-large perennial streams and uses shallow, 
turbulent riffles with primarily cobble substrate and swift currents. 
This species is now common only in Aravaipa Creek and the Blue River in 
Arizona, and limited portions of the San Francisco, upper Gila, and 
Tularosa rivers in New Mexico. Smaller, less stable populations occur 
in some areas of the upper Gila, such as the Middle Fork and in small 
areas of several tributary streams to Aravaipa Creek and the Blue and 
Tularosa rivers, such as Pace, Frieborn, Negrito, Turkey, and Deer 
creeks. Small populations are also present in Eagle Creek and the Black 
River.
    The threats to this species are primarily from nonnative aquatic 
species and water withdrawals, including groundwater pumping. Other 
threats include grazing, road construction, and recreation. Loach 
minnow occur in only 10 to 15 percent of their historic range, and 
threats occur over the majority of their range, to varying degrees. 
Threats are exacerbated by ongoing drought. In addition, different 
threats can interact with each other to further cause decline. For 
example, drought and water withdrawals may decrease the amount of 
habitat available to all species within a given stream, bringing 
natives and nonnatives into closer contact. Effects from nonnative 
species introductions are permanent, unless streams are actively 
renovated and/or barriers installed to preclude further recolonization 
by nonnatives. Grazing pressures have eased somewhat as Federal 
agencies remove cattle from streams directly, but upland conditions 
continue to degrade watersheds in general. Groundwater withdrawals or 
exchanges that affect streamflow are not reversible. For these reasons, 
the magnitude of the threats to this species is high. In addition, most 
of the threats to this species are already ongoing, in particular 
grazing, water withdrawals, nonnative stocking programs, recreational 
use, and drought. Because threats have gone on for many years in the 
past, are associated with irreversible commitments (i.e., water 
exchanges), or are not easily reversed (i.e., nonnative stocking and 
impacts from grazing), the threats to this species are imminent. 
Therefore, we assigned this species an LPN of 1 for uplisting to 
endangered.

Current Notice of Review

    We gather data on plants and animals native to the U.S. that appear 
to merit consideration for addition to the Lists of Endangered and 
Threatened Wildlife and Plants. This notice identifies those species 
that we currently regard as candidates for addition to the Lists. These 
candidates include species and subspecies of fish, wildlife, or plants 
and DPSs of vertebrate animals. This compilation relies on information 
from status surveys conducted for candidate assessment and on 
information from State Natural Heritage Programs, other State and 
Federal agencies, knowledgeable scientists, public and private natural 
resource interests, and comments received in response to previous 
notices of review.
    Tables 1 and 2 list animals arranged alphabetically by common names 
under the major group headings and list plants alphabetically by names 
of genera, species, and relevant subspecies and varieties. Animals are 
grouped by class or order. Plants are subdivided into two groups: (1) 
Flowering plants and (2) ferns and their allies. Useful synonyms and 
subgeneric scientific names appear in parentheses with the synonyms 
preceded by an ``equals'' sign. Several species that have not yet been 
formally described in the scientific literature are included; such 
species are identified by a generic or specific name (in italics), 
followed by ``sp.'' or ``ssp.'' We incorporate standardized common 
names in these notices as they become available. We sorted 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 and all species proposed for 
listing under the Act. We emphasize that we are not proposing these 
candidate species for listing by this notice, but we anticipate 
developing and publishing 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 on Resubmitted 
Petitions'' 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

[[Page 69099]]

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 comments or questions (see addresses 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 historic range for the species or 
vertebrate population (for vertebrate populations, this is the historic 
range for the entire species or subspecies and not just the historic 
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 species we included either as 
proposed species or as candidates in the previous CNOR (published May 
11, 2005) that are no longer proposed species or candidates for 
listing. Since May 11, 2005, we removed two species from proposed 
status and removed six species from candidate status for the reasons 
indicated by the codes. The first column indicates the present status 
of the species, using the following codes (not all of these codes may 
have been used in this CNOR):

    E--Species we listed as endangered.
    T--Species we listed as threatened.
    Rc--Species we removed from the candidate list because currently 
available information does not support a proposed listing.
    Rp--Species we removed from the candidate list because we have 
withdrawn the proposed listing.

    The second column indicates why we no longer regard the species as 
a candidate or proposed species using the following codes (not all of 
these codes may have been used in this CNOR):

    A--Species that are more abundant or widespread than previously 
believed and species that are not subject to the degree of threats 
sufficient to warrant continuing candidate status, or issuing a 
proposed or final listing.
    F--Species whose range no longer includes a U.S. territory.
    I--Species for which we have insufficient information on 
biological vulnerability and threats to support issuance of a 
proposed rule to list.
    L--Species we added to the Lists of Endangered and Threatened 
Wildlife and Plants.
    M--Species we mistakenly included as candidates or proposed 
species in the last notice of review.
    N--Species that are not listable entities based on the Act's 
definition of ``species'' and current taxonomic understanding.
    U--Species 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 your 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, Bishop Henry Whipple Federal Building, One Federal Drive, Fort 
Snelling, MN 55111-4056 (612/713-5334).
    Region 4. Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 
Mississippi, North Carolina, South Carolina, Tennessee, Puerto Rico, 
and the U.S. Virgin Islands. Regional Director (TE), U.S. Fish and 
Wildlife Service, 1875 Century Boulevard, Suite 200, Atlanta, GA 30345 
(404/679-4156).
    Region 5. Connecticut, Delaware, District of Columbia, Maine, 
Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia. 
Regional Director (TE), U.S. Fish and Wildlife Service, 300 Westgate 
Center Drive, Hadley, MA 01035-9589 (413/253-8615).
    Region 6. Colorado, Kansas, Montana, Nebraska, North Dakota, South 
Dakota, Utah, and Wyoming. Regional Director (TE), U.S. Fish and 
Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver, CO 
80225-0486 (303/236-7400).
    Region 7. Alaska. Regional Director (TE), U.S. Fish and Wildlife 
Service, 1011 East Tudor Road, Anchorage, AK 99503-6199 (907/786-3505).
    Region 8. California and Nevada. Regional Director (TE), U.S. Fish 
and Wildlife Service, 2800 Cottage Way, Suite W2606, Sacramento, CA 
95825.
    We will provide comments received in response to the previous CNOR 
to the Region having lead responsibility for each candidate species 
mentioned in the comment. We will likewise consider all information 
provided in response to this CNOR in deciding whether to propose 
species for listing and when to undertake necessary listing actions 
(including whether emergency listing pursuant to section 4(b)(7) of the 
Act is appropriate). Comments we receive will become part of the 
administrative record for the species, which we maintain at the 
appropriate Regional Office.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home addresses from the rulemaking record, which we will honor to 
the extent allowable by law. There also may be circumstances in which 
we would withhold from the

[[Page 69100]]

record a respondent's identity, as allowable by law. If you wish us to 
withhold your name and/or address, you must state this prominently at 
the beginning of your comment, but you should be aware that the Service 
may be required to disclose your name and address pursuant to the 
Freedom of Information Act. However, we will not consider anonymous 
comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety.

Authority

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

    Dated: November 27, 2007.
H. Dale Hall,
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         Historic range
             Category                Priority
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Mammals
C*................................          3  R1..............  Emballonura            Emballonuridae......  Bat, Pacific sheath-  U.S.A. (GU, CNMI).
                                                                  semicaudata rotensis.                        tailed (Mariana
                                                                                                               Islands subspecies).
C*................................          3  R1..............  Emballonura            Emballonuridae......  Bat, Pacific sheath-  U.S.A. (AS), Fiji,
                                                                  semicaudata                                  tailed (American      Independent Samoa,
                                                                  semicaudata.                                 Samoa DPS).           Tonga, Vanuatu.
PT................................          2  R7..............  Ursus maritimus......  Ursidae.............  Bear, polar.........  U.S.A. (AK), Canada,
                                                                                                                                     Russia, Denmark
                                                                                                                                     Greenland), Norway.
C*................................          2  R5..............  Sylvilagus             Leporidae...........  Cottontail, New       U.S.A. (CT, MA, ME,
                                                                  transitionalis.                              England.              NH, NY, RI, VT).
C*................................          6  R8..............  Martes pennanti......  Mustelidae..........  Fisher (west coast    U.S.A. (CA, CT, IA,
                                                                                                               DPS).                 ID, IL, IN, KY, MA,
                                                                                                                                     MD,ME, MI, MN, MT,
                                                                                                                                     ND, NH, NJ, NY, OH,
                                                                                                                                     OR, PA, RI, TN, UT,
                                                                                                                                     VA, VT, WA, WI, WV,
                                                                                                                                     WY), Canada.
C.................................          3  R2..............  Zapus hudsonius        Zapodidae...........  Mouse, New Mexico     U.S.A. (AZ, CO, NM).
                                                                  luteus.                                      meadow jumping.
C*................................          3  R1..............  Thomomys mazama        Geomyidae...........  Pocket gopher,        U.S.A. (WA).
                                                                  couchi.                                      Shelton.
C.................................          3  R1..............  Thomomys mazama        Geomyidae...........  Pocket gopher, Brush  U.S.A. (WA).
                                                                  douglasii.                                   Prairie.
C*................................          3  R1..............  Thomomys mazama        Geomyidae...........  Pocket gopher, Roy    U.S.A. (WA).
                                                                  glacialis.                                   Prairie.
C*................................          3  R1..............  Thomomys mazama        Geomyidae...........  Pocket gopher,        U.S.A. (WA).
                                                                  louiei.                                      Cathlamet.
C*................................          3  R1..............  Thomomys mazama        Geomyidae...........  Pocket gopher,        U.S.A. (WA).
                                                                  melanops.                                    Olympic.
C*................................          3  R1..............  Thomomys mazama        Geomyidae...........  Pocket gopher,        U.S.A. (WA).
                                                                  pugetensis.                                  Olympia.
C*................................          3  R1..............  Thomomys mazama        Geomyidae...........  Pocket gopher,        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, Yelm.  U.S.A. (WA).
                                                                  yelmensis.
C*................................          3  R8..............  Spermophilus           Sciuridae...........  Squirrel, Palm        U.S.A. (CA).
                                                                  tereticaudus chlorus.                        Springs.
                                                                                                              (= Coachella Valley)
                                                                                                               round-tailed ground.
C*................................          9  R1..............  Spermophilus brunneus  Sciuridae...........  Squirrel, Southern    U.S.A. (ID).
                                                                  endemicus.                                   Idaho ground.
C*................................          5  R1..............  Spermophilus           Sciuridae...........  Squirrel, Washington  U.S.A. (WA, OR).
                                                                  washingtoni.                                 ground.
 
               Birds
 
C*................................          3  R1..............  Porzana tabuensis....  Rallidae............  Crake, spotless       U.S.A. (AS),
                                                                                                               (American Samoa       Australia, Fiji,
                                                                                                               DPS).                 Independent Samoa,
                                                                                                                                     Marquesas,
                                                                                                                                     Philippines,
                                                                                                                                     Society Islands,
                                                                                                                                     Tonga.
C*................................          2  R1..............  Oreomystis bairdi....  Fringillidae........  Creeper, Kauai......  U.S.A. (HI).
C*................................          3  R8..............  Coccyzus americanus..  Cuculidae...........  Cuckoo, yellow-       U.S.A. (Lower 48
                                                                                                               billed (Western       States), Canada,
                                                                                                               U.S. DPS).            Mexico, Central and
                                                                                                                                     South America.
C*................................          9  R1..............  Gallicolumba stairi..  Columbidae..........  Ground-dove,          U.S.A. (AS),
                                                                                                               friendly (American    Independent Samoa.
                                                                                                               Samoa DPS).
C*................................          3  R1..............  Eremophila alpestris   Alaudidae...........  Horned lark,          U.S.A. (OR, WA),
                                                                  strigata.                                    streaked.             Canada (BC).
C*................................          6  R5..............  Calidris canutus rufa  Scolopacidae........  Knot, red...........  U.S.A. (Atlantic
                                                                                                                                     coast), Canada,
                                                                                                                                     South America.
C*................................          2  R7..............  Brachyramphus          Alcidae.............  Murrelet, Kittlitz's  U.S.A. (AK), Russia.
                                                                  brevirostris.
C*................................          5  R8..............  Synthliboramphus       Alcidae.............  Murrelet, Xantus's..  U.S.A. (CA), Mexico.
                                                                  hypoleucus.

[[Page 69101]]

 
C*................................          8  R2..............  Tympanuchus            Phasianidae.........  Prairie-chicken,      U.S.A. (CO, KA, NM,
                                                                  pallidicinctus.                              lesser.               OK, TX).
C*................................          6  R1..............  Centrocercus           Phasianidae.........  Sage-grouse, greater  U.S.A. (AZ, CA, CO,
                                                                  urophasianus.                                (Columbia Basin       ID, MT, ND, NE, NV,
                                                                                                               DPS).                 OR, SD, UT, WA,
                                                                                                                                     WY), Canada (AB,
                                                                                                                                     BC, SK).
C*................................          3  R1..............  Oceanodroma castro...  Hydrobatidae........  Storm-petrel, band-   U.S.A. (HI),
                                                                                                               rumped (Hawaii DPS).  Atlantic Ocean,
                                                                                                                                     Ecuador (Galapagos
                                                                                                                                     Islands), Japan.
C*................................          5  R4..............  Dendroica angelae....  Emberizidae.........  Warbler, elfin-woods  U.S.A. (PR).
 
             Reptiles
 
C*................................          2  R2..............  Sceloporus arenicolus  Iguanidae...........  Lizard, sand dune...  U.S.A. (TX, NM).
C*................................          9  R3..............  Sistrurus catenatus    Viperidae...........  Massasauga (=         U.S.A. (IA, IL, IN,
                                                                  catenatus.                                   rattlesnake),         MI, MO, MN, NY, OH,
                                                                                                               eastern.              PA, WI), Canada.
C*................................          3  R4..............  Pituophis              Colubridae..........  Snake, black pine...  U.S.A. (AL, LA, MS).
                                                                  melanoleucus lodingi.
C*................................          5  R4..............  Pituophis ruthveni...  Colubridae..........  Snake, Louisiana      U.S.A. (LA, TX).
                                                                                                               pine.
C*................................          3  R2..............  Kinosternon            Kinosternidae.......  Turtle, Sonoyta mud.  U.S.A. (AZ), Mexico.
                                                                  sonoriense
                                                                  longifemorale.
            Amphibians
 
C*................................          9  R8..............  Rana luteiventris....  Ranidae.............  Frog, Columbia        U.S.A. (AK, ID, MT,
                                                                                                               spotted (Great        NV, OR, UT, WA,
                                                                                                               Basin DPS).           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 spotted  U.S.A. (CA, OR, WA),
                                                                                                                                     Canada (BC).
C*................................         11  R8..............  Rana onca............  Ranidae.............  Frog, relict leopard  U.S.A. (AZ, NV, UT).
C*................................          3  R3..............  Cryptobranchus         Crytobranchidae.....  Hellbender, Ozark...  U.S.A. (AR, MO).
                                                                  alleganiensis
                                                                  bishopi.
C*................................          2  R2..............  Eurycea waterlooensis  Plethodontidae......  Salamander, Austin    U.S.A. (TX).
                                                                                                               blind.
C*................................          2  R2..............  Eurycea naufragia....  Plethodontidae......  Salamander,           U.S.A. (TX).
                                                                                                               Georgetown.
C*................................          2  R2..............  Eurycea chisholmensis  Plethodontidae......  Salamander, Salado..  U.S.A. (TX).
C*................................         11  R8..............  Bufo canorus.........  Bufonidae...........  Toad, Yosemite......  U.S.A. (CA).
C.................................          3  R2..............  Hyla wrightorum......  Hylidae.............  Treefrog, Arizona     U.S.A. (AZ), Mexico
                                                                                                               (Huachuca/Canelo      (Sonora).
                                                                                                               DPS).
C*................................          8  R4..............  Necturus alabamensis.  Proteidae...........  Waterdog, black       U.S.A. (AL).
                                                                                                               warrior.
                                                                                                              (= Sipsey Fork).....
              Fishes
 
C*................................          2  R2..............  Gila nigra...........  Cyprinidae..........  Chub, headwater.....  U.S.A. (AZ, NM).
C.................................          5  R4..............  Phoxinus saylori.....  Cyprinidae..........  Dace, laurel........  U.S.A. (TN).
C*................................         11  R6..............  Etheostoma cragini...  Percidae............  Darter, Arkansas....  U.S.A. (AR, CO, KS,
                                                                                                                                     MO, OK).
C*................................          5  R4..............  Etheostoma susanae...  Percidae............  Darter, Cumberland..  U.S.A. (KY, TN).
C*................................          5  R4..............  Percina aurora.......  Percidae............  Darter, Pearl.......  U.S.A. (LA, MS).
C*................................          2  R4..............  Etheostoma             Percidae............  Darter, rush........  U.S.A. (AL).
                                                                  phytophilum.
C*................................          2  R4..............  Etheostoma moorei....  Percidae............  Darter, yellowcheek.  U.S.A (AR).
C*................................          2  R4..............  Noturus crypticus....  Ictaluridae.........  Madtom, chucky......  U.S.A. (TN).
C.................................          5  R4..............  Moxostoma sp.........  Catostomidae........  Redhorse, sicklefin.  U.S.A. (GA, NC, TN).
C*................................          2  R3..............  Cottus sp............  Cottidae............  Sculpin, grotto.....  U.S.A. (MO).
C*................................          5  R2..............  Notropis oxyrhynchus.  Cyprinidae..........  Shiner, sharpnose...  U.S.A. (TX).
C*................................          5  R2..............  Notropis buccula.....  Cyprinidae..........  Shiner, smalleye....  U.S.A. (TX).
C*................................          3  R2..............  Catostomus discobolus  Catostomidae........  Sucker, Zuni          U.S.A. (AZ, NM).
                                                                  yarrowi.                                     bluehead.
PSAT..............................        N/A  R1..............  Salvelinus malma.....  Salmonidae..........  Trout, Dolly Varden.  U.S.A. (AK, WA),
                                                                                                                                     Canada, East Asia.
               Clams
 
C.................................          5  R4..............  Villosa choctawensis.  Unionidae...........  Bean, Choctaw.......  U.S.A. (AL, FL).
C.................................          2  R3..............  Villosa fabalis......  Unionidae...........  Bean, rayed.........  U.S.A. (IL, IN, KY,
                                                                                                                                     MI, NY, OH, TN, PA,
                                                                                                                                     VA, WV), Canada
                                                                                                                                     (ON).
C.................................          2  R4..............  Fusconaia rotulata...  Unionidae...........  Ebonyshell, round...  U.S.A. (AL, FL).
C*................................          2  R2..............  Popenaias popei......  Unionidae...........  Hornshell, Texas....  U.S.A. (NM, TX),
                                                                                                                                     Mexico.
C*................................          2  R4..............  Ptychobranchus         Unionidae...........  Kidneyshell, fluted.  U.S.A. (AL, KY, TN,
                                                                  subtentum.                                                         VA).
C.................................          2  R4..............  Ptychobranchus jonesi  Unionidae...........  Kidneyshell,          U.S.A. (AL, FL).
                                                                                                               southern.
C*................................          5  R4..............  Lampsilis              Unionidae...........  Mucket, Neosho......  U.S.A. (AR, KS, MO,
                                                                  rafinesqueana.                                                     OK).
C.................................          2  R3..............  Plethobasus cyphyus..  Unionidae...........  Mussel, sheepnose...  U.S.A. (AL, IA, IL,
                                                                                                                                     IN, KY, MN, MO, MS,
                                                                                                                                     OH, PA, TN, VA, WI,
                                                                                                                                     WV).
C*................................          2  R4..............  Margaritifera          Margaritiferidae....  Pearlshell, Alabama.  U.S.A. (AL).
                                                                  marrianae.
C*................................          5  R4..............  Lexingtonia            Unionidae...........  Pearlymussel,         U.S.A. (AL, KY, TN,
                                                                  dolabelloides.                               slabside.             VA).
C.................................          5  R4..............  Pleurobema strodeanum  Unionidae...........  Pigtoe, fuzzy.......  U.S.A. (AL, FL).
C*................................          2  R4..............  Pleurobema             Unionidae...........  Pigtoe, Georgia.....  U.S.A. (AL, GA, TN).
                                                                  hanleyianum.

[[Page 69102]]

 
C.................................          5  R4..............  Fusconaia escambia...  Unionidae...........  Pigtoe, narrow......  U.S.A. (AL, FL).
C.................................         11  R4..............  Quincuncina burkei...  Unionidae...........  Pigtoe, tapered.....  U.S.A. (AL, FL).
C.................................          5  R4..............  Hamiota (= Lampsilis)  Unionidae...........  Sandshell, southern.  U.S.A. (AL, FL).
                                                                  australis.
C.................................          4  R3..............  Cumberlandia           Margaritiferidae....  Spectaclecase.......  U.S.A. (AL, AR, IA,
                                                                  monodonta.                                                         IN, IL, KS, KY, MO,
                                                                                                                                     MN, NE, OH, TN, VA,
                                                                                                                                     WI, WV).
C*................................          2  R4..............  Elliptio spinosa.....  Unionidae...........  Spinymussel,          U.S.A. (GA).
                                                                                                               Altamaha.
 
              Snails
 
C.................................          2  R4..............  Pleurocera foremani..  Pleuroceridae.......  Hornsnail, rough....  U.S.A. (AL).
C.................................          8  R4..............  Elimia melanoides....  Pleuroceridae.......  Mudalia, black......  U.S.A. (AL)
C*................................          9  R6..............  Oreohelix peripherica  Oreohelicidae.......  Mountainsnail, Ogden  U.S.A. (UT).
                                                                  wasatchensis.
C*................................          8  R6..............  Stagnicola             Lymnaeidae..........  Pondsnail, fat-       U.S.A. (UT).
                                                                  bonnevillensis.                              whorled.
                                                                                                              (= Bonneville)......
C*................................          2  R4..............  Leptoxis foremani....  Pleuroceridae.......  Rocksnail,            U.S.A. (GA, AL).
                                                                 (= downei)...........                         Interrupted.
                                                                                                              (= Georgia).........
C*................................          2  R1..............  Ostodes strigatus....  Potaridae...........  Sisi snail..........  U.S.A. (AS).
C*................................          2  R2..............  Pseudotryonia          Hydrobiidae.........  Snail, Diamond Y      U.S.A. (TX).
                                                                  adamantina.                                  Spring.
C*................................          2  R1..............  Samoana fragilis.....  Partulidae..........  Snail, fragile tree.  U.S.A. (GU, MP).
C*................................          2  R1..............  Partula radiolata....  Partulidae..........  Snail, Guam tree....  U.S.A. (GU).
C*................................          2  R1..............  Partula gibba........  Partulidae..........  Snail, Humped tree..  U.S.A. (GU, MP).
C*................................          2  R1..............  Partulina              Achatinellidae......  Snail, Lanai tree...  U.S.A. (HI).
                                                                  semicarinata.
C*................................          2  R1..............  Partulina variabilis.  Achatinellidae......  Snail, Lanai tree...  U.S.A. (HI).
C*................................          2  R1..............  Partula langfordi....  Partulidae..........  Snail, Langford's     U.S.A. (MP).
                                                                                                               tree.
C*................................          2  R2..............  Cochliopa texana.....  Hydrobiidae.........  Snail, Phantom cave.  U.S.A. (TX).
C*................................          2  R1..............  Newcombia cumingi....  Achatinellidae......  Snail, Newcomb's      U.S.A. (Hl).
                                                                                                               tree.
C*................................          2  R1..............  Eua zebrina..........  Partulidae..........  Snail, Tutuila tree.  U.S.A. (AS).
C*................................          2  R2..............  Pyrgulopsis            Hydrobiidae.........  Springsnail,          U.S.A. (NM).
                                                                  chupaderae.                                  Chupadera.
C*................................          2  R8..............  Pyrgulopsis            Hydrobiidae.........  Springsnail,          U.S.A. (NV).
                                                                  notidicola.                                  elongate mud
                                                                                                               meadows.
C*................................         11  R2..............  Pyrgulopsis gilae....  Hydrobiidae.........  Springsnail, Gila...  U.S.A. (NM).
C*................................          2  R2..............  Tryonia circumstriata  Hydrobiidae.........  Springsnail,          U.S.A. (TX).
                                                                 (= stocktonensis)....                         Gonzales.
C*................................          8  R2..............  Pyrgulopsis thompsoni  Hydrobiidae.........  Springsnail,          U.S.A. (AZ), Mexico.
                                                                                                               Huachuca.
C*................................         11  R2..............  Pyrgulopsis thermalis  Hydrobiidae.........  Springsnail, New      U.S.A. (NM).
                                                                                                               Mexico.
C*................................          2  R2..............  Pyrgulopsis morrisoni  Hydrobiidae.........  Springsnail, Page...  U.S.A. (AZ).
C*................................          2  R2..............  Tryonia cheatumi.....  Hydrobiidae.........  Springsnail (=        U.S.A. (TX).
                                                                                                               Tryonia), Phantom.
C*................................          2  R2..............  Pyrgulopsis            Hydrobiidae.........  Springsnail, San      U.S.A. (AZ), Mexico
                                                                  bernardina.                                  Bernardino.           (Sonora).
C*................................          2  R2..............  Pyrgulopsis trivialis  Hydrobiidae.........  Springsnail, Three    U.S.A. (AZ).
                                                                                                               Forks.
 
              Insects
 
C*................................          8  R1..............  Nysius wekiuicola....  Lygaeidae...........  Bug, Wekiu..........  U.S.A. (HI).
C.................................          3  R4..............  Strymon acis bartrami  Lycaenidae..........  Butterfly, Bartram's  U.S.A. (FL).
                                                                                                               hairstreak.
C.................................          3  R4..............  Anaea troglodyta       Nymphalidae.........  Butterfly, Florida    U.S.A. (FL).
                                                                  floridalis.                                  leafwing.
C*................................          3  R1..............  Hypolimnas octucula    Nymphalidae.........  Butterfly, Mariana    U.S.A. (GU, MP).
                                                                  mariannensis.                                eight-spot.
C*................................          2  R1..............  Vagrans egistina.....  Nymphalidae.........  Butterfly, Mariana    U.S.A. (GU, MP).
                                                                                                               wandering.
C*................................          6  R4..............  Cyclargus thomasi      Lycaenidae..........  Butterfly, Miami      U.S.A. (FL),
                                                                  bethunebakeri.                               blue.                 Bahamas.
C*................................          5  R4..............  Glyphopsyche           Limnephilidae.......  Caddisfly,            U.S.A. (TN).
                                                                  sequatchie.                                  Sequatchie.
C.................................          5  R4..............  Pseudanophthalmus      Carabidae...........  Cave beetle, Baker    U.S.A. (TN).
                                                                  insularis.                                   Station (= insular).
C*................................          5  R4..............  Pseudanophthalmus      Carabidae...........  Cave beetle, Clifton  U.S.A. (KY).
                                                                  caecus.
C.................................         11  R4..............  Pseudanophthalmus      Carabidae...........  Cave beetle, Coleman  U.S.A. (TN).
                                                                  colemanensis.
C.................................          5  R4..............  Pseudanophthalmus      Carabidae...........  Cave beetle,          U.S.A. (TN).
                                                                  fowlerae.                                    Fowler's.
C*................................          5  R4..............  Pseudanophthalmus      Carabidae...........  Cave beetle, icebox.  U.S.A. (KY).
                                                                  frigidus.
C.................................          5  R4..............  Pseudanophthalmus      Carabidae...........  Cave beetle, Indian   U.S.A. (TN).
                                                                  tiresias.                                    Grave Point (=
                                                                                                               Soothsayer).
C*................................          5  R4..............  Pseudanophthalmus      Carabidae...........  Cave beetle,          U.S.A. (TN).
                                                                  inquisitor.                                  inquirer.
C*................................          5  R4..............  Pseudanophthalmus      Carabidae...........  Cave beetle,          U.S.A. (KY).
                                                                  troglodytes.                                 Louisville.
C.................................          5  R4..............  Pseudanophthalmus      Carabidae...........  Cave beetle,          U.S.A. (TN).
                                                                  paulus.                                      Noblett's.
C*................................          5  R4..............  Pseudanophthalmus      Carabidae...........  Cave beetle, Tatum..  U.S.A. (KY)
                                                                  parvus.
C*................................          3  R1..............  Euphydryas editha      Nymphalidae.........  Checkerspot           U.S. A. (OR, WA),
                                                                  taylori.                                     butterfly, Taylor's   Canada (BC).
                                                                                                               (= Whulge).

[[Page 69103]]

 
C*................................          9  R1..............  Megalagrion            Coenagrionidae......  Damselfly, blackline  U.S.A. (HI).
                                                                  nigrohamatum                                 Hawaiian.
                                                                  nigrolineatum.
C*................................          2  R1..............  Megalagrion            Coenagrionidae......  Damselfly, crimson    U.S.A. (HI).
                                                                  leptodemas.                                  Hawaiian.
C*................................          2  R1..............  Megalagrion nesiotes.  Coenagrionidae......  Damselfly, flying     U.S.A. (HI).
                                                                                                               earwig Hawaiian.
C*................................          2  R1..............  Megalagrion oceanicum  Coenagrionidae......  Damselfly, oceanic    U.S.A. (HI).
                                                                                                               Hawaiian.
C*................................          8  R1..............  Megalagrion            Coenagrionidae......  Damselfly,            U.S.A. (HI).
                                                                  xanthomelas.                                 orangeblack
                                                                                                               Hawaiian.
C*................................          2  R1..............  Megalagrion pacificum  Coenagrionidae......  Damselfly, Pacific    U.S.A. (HI).
                                                                                                               Hawaiian.
C*................................          2  R8..............  Dinacoma caseyi......  Scarabidae..........  June beetle, Casey's  U.S.A. (CA).
C.................................          5  R8..............  Ambrysus funebris....  Naucoridae..........  Naucorid bug (=       U.S.A. (CA).
                                                                                                               Furnace Creek),
                                                                                                               Nevares Spring.
C*................................          2  R1..............  Drosophila attigua...  Drosophilidae.......  fly, Picture-wing...  U.S.A. (HI).
C*................................          2  R1..............  Drosophila digressa..  Drosophilidae.......  fly, Picture-wing     U.S.A. (HI).
                                                                                                               [unnamed].
C*................................          8  R2..............  Heterelmis stephani..  Elmidae.............  Riffle beetle,        U.S.A. (AZ).
                                                                                                               Stephan's.
C*................................          8  R3..............  Hesperia dacotae.....  Hesperiidae.........  Skipper, Dakota.....  U.S.A. (MN, IA, SD,
                                                                                                                                     ND, IL), Canada.
C*................................          5  R1..............  Polites mardon.......  Hesperiidae.........  Skipper, Mardon.....  U.S.A. (CA, OR, WA).
C*................................          8  R6..............  Cicindela albissima..  Cicindelidae........  Tiger beetle, Coral   U.S.A. (UT).
                                                                                                               Pink Sand Dunes.
C*................................          5  R4..............  Cicindela              Cicindelidae........  Tiger beetle,         U.S.A. (FL).
                                                                  highlandensis.                               highlands.
 
             Arachnids
 
C*................................          2  R2..............  Cicurina wartoni.....  Dictynidae..........  Meshweaver, Warton    U.S.A. (TX).
                                                                                                               cave.
 
            Crustaceans
 
C.................................          2  R2..............  Gammarus hyalleloides  Gammaridae..........  Amphipod, diminutive  U.S.A. (TX).
C*................................          5  R1..............  Metabetaeus lohena...  Alpheidae...........  Shrimp, anchialine    U.S.A. (HI).
                                                                                                               pool.
C*................................          5  R1..............  Palaemonella burnsi..  Palaemonidae........  Shrimp, anchialine    U.S.A. (HI).
                                                                                                               pool.
C*................................          5  R1..............  Procaris hawaiana....  Procarididae........  Shrimp, anchialine    U.S.A. (HI).
                                                                                                               pool.
C*................................          4  R1..............  Vetericaris chaceorum  Procaridae..........  Shrimp, anchialine    U.S.A. (HI).
                                                                                                               pool.
C*................................         11  R4..............  Typhlatya monae......  Atyidae.............  Shrimp, troglobitic   U.S.A. (PR),
                                                                                                               groundwater.          Barbuda, Dominican
                                                                                                                                     Republic.
 
         Flowering Plants
 
C*................................         11  R8..............  Abronia alpina.......  Nyctaginaceae.......  Sand-verbena,         U.S.A. (CA).
                                                                                                               Ramshaw Meadows.
C*................................          8  R4..............  Arabis georgiana.....  Brassicaceae........  Rockcress, Georgia..  U.S.A. (AL, GA).
C*................................         11  R4..............  Argythamnia            Euphorbiaceae.......  Silverbush,           U.S.A. (FL).
                                                                  blodgettii.                                  Blodgett's.
C*................................          3  R1..............  Artemisia campestris   Asteraceae..........  Wormwood, northern..  U.S.A. (OR, WA).
                                                                  var. wormskioldii.
C*................................          2  R1..............  Astelia waialealae...  Liliaceae...........  Pa[revaps]iniu......  U.S.A. (HI).
C*................................         11  R6..............  Astragalus tortipes..  Fabaceae............  Milk-vetch, Sleeping  U.S.A. (CO).
                                                                                                               Ute.
C*................................          2  R1..............  Bidens amplectens....  Asteraceae..........  Ko[revaps]oko[revaps  U.S.A. (HI).
                                                                                                               ]olau.
C*................................          3  R1..............  Bidens campylotheca    Asteraceae..........  Ko[revaps]oko[revaps  U.S.A. (HI).
                                                                  pentamera.                                   ]olau.
C*................................          3  R1..............  Bidens campylotheca    Asteraceae..........  Ko[revaps]oko[revaps  U.S.A. (HI).
                                                                  waihoiensis.                                 ]olau.
C*................................          8  R1..............  Bidens conjuncta.....  Asteraceae..........  Ko[revaps]oko[revaps  U.S.A. (HI).
                                                                                                               ]olau.
C*................................          3  R1..............  Bidens micrantha       Asteraceae..........  Ko[revaps]oko[revaps  U.S.A. (HI).
                                                                  ctenophylla.                                 ]olau.
C*................................          8  R4..............  Brickellia mosieri...  Asteraceae..........  Brickell-bush,        U.S.A. (FL).
                                                                                                               Florida.
C*................................          2  R1..............  Calamagrostis expansa  Poaceae.............  Reedgrass, Maui.....  U.S.A. (HI).
C*................................          2  R1..............  Calamagrostis          Poaceae.............  Reedgrass,            U.S.A. (HI).
                                                                  hillebrandii.                                Hillebrand's.
C*................................          5  R4..............  Calliandra locoensis.  Mimosaceae..........  No common name......  U.S.A. (PR).
C*................................          5  R8..............  Calochortus            Liliaceae...........  Mariposa lily,        U.S.A. (CA, OR).
                                                                  persistens.                                  Siskiyou.
C*................................          5  R4..............  Calyptranthes          Myrtaceae...........  No common name......  U.S.A. (PR).
                                                                  estremerae.
C*................................          2  R1..............  Canavalia napaliensis  Fabaceae............  [revaps]Awikiwiki...  U.S.A. (HI).
C*................................          2  R1..............  Canavalia pubescens..  Fabaceae............  [revaps]Awikiwiki...  U.S.A. (HI).
C*................................          8  R1..............  Castilleja christii..  Scrophulariaceae....  Paintbrush, Christ's  U.S.A. (ID).
C*................................          9  R4..............  Chamaecrista lineata   Fabaceae............  Pea, Big Pine         U.S.A. (FL).
                                                                  var. keyensis.                               partridge.
C*................................         12  R4..............  Chamaesyce deltoidea   Euphorbiaceae.......  Sandmat, pineland...  U.S.A. (FL).
                                                                  pinetorum.
C*................................          9  R4..............  Chamaesyce deltoidea   Euphorbiaceae.......  Spurge, wedge.......  U.S.A. (FL).
                                                                  serpyllum.
C*................................          2  R1..............  Chamaesyce eleanoriae  Euphorbiaceae.......  [revaps]Akoko.......  U.S.A. (HI).
C*................................          3  R1..............  Chamaesyce remyi var.  Euphorbiaceae.......  [revaps]Akoko.......  U.S.A. (HI).
                                                                  kauaiensis.
C*................................          3  R1..............  Chamaesyce remyi var.  Euphorbiaceae.......  [revaps]Akoko.......  U.S.A. (HI).
                                                                  remyi.
C*................................          2  R1..............  Charpentiera           Amaranthaceae.......  Papala..............  U.S.A. (HI).
                                                                  densiflora.

[[Page 69104]]

 
C*................................          6  R8..............  Chorizanthe parryi     Polygonaceae........  Spineflower, San      U.S.A. (CA).
                                                                  var. fernandina.                             Fernando Valley.
C*................................          2  R4..............  Chromolaena frustrata  Asteraceae..........  Thoroughwort, Cape    U.S.A. (FL).
                                                                                                               Sable.
C*................................          2  R4..............  Consolea corallicola.  Cactaceae...........  Cactus, Florida       U.S.A. (FL).
                                                                                                               semaphore.
C*................................          5  R4..............  Cordia rupicola......  Boraginaceae........  No common name......  U.S.A. (PR),
                                                                                                                                     Anegada.
C*................................          2  R1..............  Cyanea asplenifolia..  Campanulaceae.......  Haha................  U.S.A. (HI).
C*................................          2  R1..............  Cyanea calycina......  Campanulaceae.......  Haha................  U.S.A. (HI).
C*................................          2  R1..............  Cyanea eleeleensis...  Campanulaceae.......  Haha................  U.S.A. (HI).
C*................................          2  R1..............  Cyanea kuhihewa......  Campanulaceae.......  Haha................  U.S.A. (HI).
C*................................          2  R1..............  Cyanea kunthiana.....  Campanulaceae.......  Haha................  U.S.A. (HI).
C*................................          2  R1..............  Cyanea lanceolata....  Campanulaceae.......  Haha................  U.S.A. (HI).
C*................................          2  R1..............  Cyanea obtusa........  Campanulaceae.......  Haha................  U.S.A. (HI).
C*................................          2  R1..............  Cyanea tritomantha...  Campanulaceae.......  [revaps]aku           U.S.A. (HI).
                                                                                                               [revaps]aku.
C*................................          2  R1..............  Cyrtandra filipes....  Gesneriaceae........  Ha[revaps]iwale.....  U.S.A. (HI).
C*................................          2  R1..............  Cyrtandra kaulantha..  Gesneriaceae........  Ha[revaps]iwale.....  U.S.A. (HI).
C*................................          2  R1..............  Cyrtandra oenobarba..  Gesneriaceae........  Ha[revaps]iwale.....  U.S.A. (HI).
C*................................          2  R1..............  Cyrtandra oxybapha...  Gesneriaceae........  Ha[revaps]iwale.....  U.S.A. (HI).
C*................................          2  R1..............  Cyrtandra sessilis...  Gesneriaceae........  Ha[revaps]iwale.....  U.S.A. (HI).
C*................................          3  R4..............  Dalea carthagenensis   Fabaceae............  Prairie-clover,       U.S.A. (FL).
                                                                  var. floridana.                              Florida.
C*................................          5  R5..............  Dichanthelium hirstii  Poaceae.............  Panic grass, Hirsts'  U.S.A. (DE, GA, NC,
                                                                                                                                     NJ).
C*................................          5  R4..............  Digitaria pauciflora.  Poaceae.............  Crabgrass, Florida    U.S.A. (FL).
                                                                                                               pineland.
C*................................          3  R1..............  Dubautia imbricata     Asteraceae..........  Na[revaps]ena[revaps  U.S.A. (HI).
                                                                  imbricata.                                   ]e.
C*................................          3  R1..............  Dubautia plantaginea   Asteraceae..........  Na[revaps]ena[revaps  U.S.A. (HI).
                                                                  magnifolia.                                  ]e.
C*................................          2  R1..............  Dubautia waialealae..  Asteraceae..........  Na[revaps]ena[revaps  U.S.A. (HI).
                                                                                                               ]e.
C*................................          3  R2..............  Echinomastus           Cactaceae...........  Cactus, Acuna.......  U.S.A. (AZ), Mexico.
                                                                  erectocentrus var.
                                                                  acunensis.
C*................................          8  R2..............  Erigeron lemmonii....  Asteraceae..........  Fleabane, Lemmon....  U.S.A. (AZ).
C*................................          2  R1..............  Eriogonum codium.....  Polygonaceae........  Buckwheat, Umtanum    U.S.A. (WA).
                                                                                                               Desert.
C.................................          6  R8..............  Eriogonum corymbosum   Polygonaceae........  Buckwheat, Las Vegas  U.S.A. (NV).
                                                                  var. nilesii.
C.................................          2  R8..............  Eriogonum diatomaceum  Polygonaceae........  Buckwheat, Churchill  U.S.A. (NV).
                                                                                                               Narrows.
C*................................          5  R8..............  Eriogonum kelloggii..  Polygonaceae........  Buckwheat, Red        U.S.A. (CA).
                                                                                                               Mountain.
C*................................          2  R1..............  Festuca hawaiiensis..  Poaceae.............  No common name......  U.S.A. (HI).
C*................................         11  R2..............  Festuca ligulata.....  Poaceae.............  Fescue, Guadalupe...  U.S.A. (TX), Mexico.
C*................................          2  R1..............  Gardenia remyi.......  Rubiaceae...........  Nanu................  U.S.A. (HI).
C*................................          8  R1..............  Geranium hanaense....  Geraniaceae.........  Nohoanu.............  U.S.A. (HI).
C*................................          8  R1..............  Geranium hillebrandii  Geraniaceae.........  Nohoanu.............  U.S.A. (HI).
C*................................          5  R1..............  Geranium kauaiense...  Geraniaceae.........  Nohoanu.............  U.S.A. (HI).
C*................................          5  R4..............  Gonocalyx concolor...  Ericaceae...........  No common name......  U.S.A. (PR).
C.................................          5  R4..............  Harrisia aboriginum..  Cactaceae...........  Pricklyapple,         U.S.A. (FL).
                                                                                                               aboriginal
                                                                                                               (shellmound
                                                                                                               applecactus).
C*................................          5  R8..............  Hazardia orcuttii....  Asteraceae..........  Orcutt's hazardia...  U.S.A. (CA), Mexico.
C*................................          2  R1..............  Hedyotis fluviatilis.  Rubiaceae...........  Kampua[revaps]a.....  U.S.A. (HI).
C*................................          5  R4..............  Helianthus             Asteraceae..........  Sunflower, whorled..  U.S.A. (AL, GA, TN).
                                                                  verticillatus.
C*................................          5  R2..............  Hibiscus dasycalyx...  Malvaceae...........  Rose-mallow, Neches   U.S.A. (TX).
                                                                                                               River.
C*................................          9  R4..............  Indigofera mucronata   Fabaceae............  Indigo, Florida.....  U.S.A. (FL).
                                                                  var. keyensis.
C.................................          2  R6..............  Ipomopsis polyantha..  Polemoniaceae.......  Skyrocket, Pagosa...  U.S.A. (CO).
C*................................          5  R8..............  Ivesia webberi.......  Rosaceae............  Ivesia, Webber......  U.S.A. (CA, NV).
C*................................          3  R1..............  Joinvillea ascendens   Joinvilleaceae......  [revaps]Ohe.........  U.S.A. (HI).
                                                                  ascendens.
C*................................          2  R1..............  Keysseria (=           Asteraceae..........  No common name......  U.S.A. (HI).
                                                                  Lagenifera) erici.
C*................................          8  R1..............  Keysseria (=           Asteraceae..........  No common name......  U.S.A. (HI).
                                                                  Lagenifera) helenae.
C*................................          2  R1..............  Korthalsella degeneri  Viscaceae...........  Hulumoa.............  U.S.A. (HI).
C*................................          2  R1..............  Labordia helleri.....  Loganiaceae.........  Kamakahala..........  U.S.A. (HI).
C*................................          2  R1..............  Labordia pumila......  Loganiaceae.........  Kamakahala..........  U.S.A. (HI).
C*................................          5  R4..............  Leavenworthia crassa.  Brassicaceae........  Gladecress, unnamed.  U.S.A. (AL).
C*................................          2  R2..............  Leavenworthia texana.  Brassicaceae........  Gladecress, Texas     U.S.A. (TX).
                                                                                                               golden.
C*................................          5  R4..............  Lesquerella globosa..  Brassicaceae........  Bladderpod, Short's.  U.S.A. (IN, KY, TN).
C*................................          2  R4..............  Linum arenicola......  Linaceae............  Flax, sand..........  U.S.A. (FL).
C*................................          3  R4..............  Linum carteri var.     Linaceae............  Flax, Carter's small- U.S.A. (FL).
                                                                  carteri.                                     flowered.
C*................................          8  R1..............  Lysimachia daphnoides  Primulaceae.........  Lehua makanoe.......  U.S.A. (HI).
C*................................          2  R1..............  Melicope               Rutaceae............  Alani...............  U.S.A. (HI).
                                                                  christophersenii.
C*................................          2  R1..............  Melicope degeneri....  Rutaceae............  Alani...............  U.S.A. (HI).

[[Page 69105]]

 
C*................................          2  R1..............  Melicope hiiakae.....  Rutaceae............  Alani...............  U.S.A. (HI).
C*................................          2  R1..............  Melicope makahae.....  Rutaceae............  Alani...............  U.S.A. (HI).
C*................................          2  R1..............  Melicope paniculata..  Rutaceae............  Alani...............  U.S.A. (HI).
C*................................          2  R1..............  Melicope puberula....  Rutaceae............  Alani...............  U.S.A. (HI).
C*................................          2  R1..............  Myrsine fosbergii....  Myrsinaceae.........  Kolea...............  U.S.A. (HI).
C*................................          2  R1..............  Myrsine mezii........  Myrsinaceae.........  Kolea...............  U.S.A. (HI).
C*................................          2  R1..............  Myrsine vaccinioides.  Myrsinaceae.........  Kolea...............  U.S.A. (HI).
C*................................          8  R5..............  Narthecium americanum  Liliaceae...........  Asphodel, bog.......  U.S.A. (DE, NC, NJ,
                                                                                                                                     NY, SC).
C*................................          2  R1..............  Nothocestrum           Solanaceae..........  [revaps]Aiea........  U.S.A. (HI).
                                                                  latifolium.
C*................................          2  R1..............  Ochrosia haleakalae..  Apocynaceae.........  Holei...............  U.S.A. (HI).
C*................................          3  R2..............  Pediocactus            Cactaceae...........  Cactus, Fickeisen     U.S.A. (AZ).
                                                                  peeblesianus var.                            plains.
                                                                  fickeiseniae.
C*................................          2  R6..............  Penstemon debilis....  Scrophulariaceae....  Beardtongue,          U.S.A. (CO).
                                                                                                               Parachute.
C*................................          6  R6..............  Penstemon scariosus    Scrophulariaceae....  Beardtongue, White    U.S.A. (CO, UT).
                                                                  var. albifluvis.                             River.
C*................................          2  R1..............  Peperomia              Piperaceae..........  [revaps]Ala           U.S.A. (HI).
                                                                  subpetiolata.                                [revaps]ala wai nui.
C.................................          5  R8..............  Phacelia stellaris...  Hydrophyllaceae.....  Phacelia, Brand's...  U.S.A. (CA), Mexico.
C*................................          8  R6..............  Phacelia submutica...  Hydrophyllaceae.....  Phacelia, DeBeque...  U.S.A. (CO).
C*................................          2  R1..............  Phyllostegia           Lamiaceae...........  No common name......  U.S.A. (HI).
                                                                  bracteata.
C*................................          8  R1..............  Phyllostegia           Lamiaceae...........  No common name......  U.S.A. (HI).
                                                                  floribunda.
C*................................          2  R1..............  Phyllostegia hispida.  Lamiaceae...........  No common name......  U.S.A. (HI).
C*................................          5  R1..............  Physaria tuplashensis  Brassicaceae........  Bladderpod, White     U.S.A. (WA).
                                                                                                               Bluffs.
C*................................          2  R1..............  Pittosporum            Pittosporaceae......  Ho[revaps]awa.......  U.S.A. (HI).
                                                                  napaliense.
C*................................          5  R4..............  Platanthera            Orchidaceae.........  Orchid, white         U.S.A. (AL, GA, KY,
                                                                  integrilabia.                                fringeless.           MS, NC, SC, TN,
                                                                                                                                     VA).
C*................................          3  R1..............  Platydesma cornuta     Rutaceae............  No common name......  U.S.A. (HI).
                                                                  var. cornuta.
C*................................          3  R1..............  Platydesma cornuta     Rutaceae............  No common name......  U.S.A. (HI).
                                                                  var. decurrens.
C*................................          2  R1..............  Platydesma remyi.....  Rutaceae............  No common name......  U.S.A. (HI).
C*................................          2  R1..............  Platydesma rostrata..  Rutaceae............  Pilo kea lau          U.S.A. (HI).
                                                                                                               li[revaps]i.
C.................................          2  R1..............  Pleomele fernaldii...  Agavaceae...........  Hala pepe...........  U.S.A. (HI).
C*................................          2  R1..............  Pleomele forbesii....  Agavaceae...........  Hala pepe...........  U.S.A. (HI).
C*................................         11  R8..............  Potentilla basaltica.  Rosaceae............  Cinquefoil, Soldier   U.S.A. (NV).
                                                                                                               Meadow.
C*................................          2  R1..............  Pritchardia hardyi...  Asteraceae..........  Lo[revaps]ulu.......  U.S.A. (HI).
C*................................          3  R1..............  Pseudognaphalium.....  Asteraceae..........  [revaps]Ena[revaps]e  U.S.A. (HI).
                                                                 (= Gnaphalium)                                na.
                                                                  sandwicensium var.
                                                                  molokaiense.
C*................................          2  R1..............  Psychotria             Rubiaceae...........  Kopiko..............  U.S.A. (HI).
                                                                  grandiflora.
C*................................          3  R1..............  Psychotria hexandra    Rubiaceae...........  Kopiko..............  U.S.A. (HI).
                                                                  ssp. oahuensis var.
                                                                  oahuensis.
C*................................          2  R1..............  Psychotria hobdyi....  Rubiaceae...........  Kopiko..............  U.S.A. (HI).
C*................................          2  R1..............  Pteralyxia macrocarpa  Apocynaceae.........  Kaulu...............  U.S.A. (HI).
C*................................          2  R1..............  Ranunculus hawaiensis  Ranunculaceae.......  Makou...............  U.S.A. (HI).
C*................................          2  R1..............  Ranunculus mauiensis.  Ranunculaceae.......  Makou...............  U.S.A. (HI).
C*................................          8  R8..............  Rorippa subumbellata.  Brassicaceae........  Cress, Tahoe yellow.  U.S.A. (CA, NV).
C*................................          2  R1..............  Schiedea attenuata...  Caryophyllaceae.....  No common name......  U.S.A. (HI).
C*................................          2  R1..............  Schiedea pubescens...  Caryophyllaceae.....  Ma[revaps]oli[revaps  U.S.A. (HI).
                                                                                                               ]oli.
C*................................          2  R1..............  Schiedea salicaria...  Caryophyllaceae.....  No common name......  U.S.A. (HI).
C*................................          5  R8..............  Sedum eastwoodiae....  Crassulaceae........  Stonecrop, Red        U.S.A. (CA).
                                                                                                               Mountain.
C*................................          2  R1..............  Sicyos macrophyllus..  Cucurbitaceae.......  [revaps]Anunu.......  U.S.A. (HI).
C.................................         12  R4..............  Sideroxylon            Sapotaceae..........  Bully, Everglades...  U.S.A. (FL).
                                                                  reclinatum ssp.
                                                                  austrofloridense.
C*................................          8  R1..............  Solanum nelsonii.....  Solanaceae..........  Popolo..............  U.S.A. (HI).
C.................................          8  R4..............  Solidago plumosa.....  Asteraceae..........  Goldenrod, Yadkin     U.S.A. (NC).
                                                                                                               River.
C*................................          2  R1..............  Stenogyne cranwelliae  Lamiaceae...........  No common name......  U.S.A. (HI).
C*................................          2  R1..............  Stenogyne kealiae....  Lamiaceae...........  No common name......  U.S.A. (HI).
C*................................          8  R4..............  Symphyotrichum         Asteraceae..........  Aster, Georgia......  U.S.A. (AL, FL, GA,
                                                                  georgianum.                                                        NC, SC).
C*................................          2  R1..............  Zanthoxylum oahuense.  Rutaceae............  A[revaps]e..........  U.S.A. (HI).
 
         Ferns and Allies
 
C*................................          8  R1..............  Christella boydiae (=  Thelypteridaceae....  No common name......  U.S.A. (HI).
                                                                  Cyclosorus boydiae
                                                                  var. boydiae +
                                                                  Cyclosorus boydiae
                                                                  kipahuluensis).
C*................................          2  R1..............  Doryopteris takeuchii  Pteridaceae.........  No common name......  U.S.A. (HI).
C*................................          2  R1..............  Huperzia (=            Lycopodiaceae.......  Wawae[revaps]iole...  U.S.A. (HI).
                                                                  Phlegmariurus)
                                                                  stemmermanniae.
C*................................          3  R1..............  Microlepia strigosa    Dennstaedtiaceae....  Palapalai...........  U.S.A. (HI).
                                                                  var. mauiensis (=
                                                                  Microlepia
                                                                  mauiensis).
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 69106]]


                                    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.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Status
---------------------------------------------------   Lead region       Scientific name           Family            Common name        Historical range
               Code                     Expl.
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Fishes
 
Rp...............................  A..............  R8.............  Gila bicolor          Cyprinidae.........  Chub, Cowhead tui    U.S.A. (CA).
                                                                      vaccaceps.                                 chub.
Rc...............................  N..............  R6.............  Thymallus arcticus..  Salmonidae.........  Grayling, Fluvial    U.S.A. (MT, WY).
                                                                                                                 arctic (upper
                                                                                                                 Missouri River
                                                                                                                 DPS).
             Insects
 
Rc...............................  U..............  R4.............  Pseudanophthalmus     Carabidae..........  Cave beetle, Beaver  U.S.A. (KY).
                                                                      major.
Rc...............................  A, U...........  R4.............  Pseudanophthalmus     Carabidae..........  Cave beetle,         U.S.A. (KY).
                                                                      inexpectatus.                              surprising.
Rc...............................  U..............  R6.............  Zaitzevia thermae...  Elmidae............  Beetle, Warm Spring  U.S.A. (MT).
                                                                                                                 Zaitzevian riffle.
         Flowering Plants
 
Rp...............................  A..............  R6.............  Penstemon grahamii..  Scrophulariaceae...  Beardtongue, Graham  U.S.A. (CO, UT).
Rc...............................  A..............  R1.............  Erigeron basalticus.  Asteraceae.........  Daisy, basalt......  U.S.A. (WA).
 
         Ferns and Allies
 
Rc...............................  A, I...........  R1.............  Botrychium lineare..  Ophioglossaceae....  Moonwort, slender..  U.S.A. (AK, CA, CO,
                                                                                                                                      ID, MT, OR, WA),
                                                                                                                                      Canada (AB, BC,
                                                                                                                                      NB, QC).
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. E7-23416 Filed 12-5-07; 8:45 am]
BILLING CODE 4310-55-P