[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Proposed Rules]
[Pages 57803-57878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26841]



[[Page 57803]]

-----------------------------------------------------------------------

Part III





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; Proposed Rule

Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / 
Proposed Rules

[[Page 57804]]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R9-ES-2009-0075; MO-9221050083-B2]


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of review.

-----------------------------------------------------------------------

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 five new candidates, changes the LPN 
for eight candidates, and removes four species from candidate status. 
Combined with other decisions for individual species that were 
published separately from this CNOR in the past year, the current 
number of species that are candidates for listing is 249.
    This document also includes our findings on resubmitted petitions 
and describes our progress in revising the Lists of Endangered and 
Threatened Wildlife and Plants during the period October 1, 2008, 
through September 30, 2009.
    We request additional status information that may be available for 
the 249 candidate species identified in this CNOR.

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

ADDRESSES: This notice is available on the Internet at http://www.regulations.gov, and http://endangered.fws.gov/candidates/index.html. Species assessment forms with information and references on 
a particular candidate species' range, status, habitat needs, and 
listing priority assignment are available for review at the appropriate 
Regional Office listed below in SUPPLEMENTARY INFORMATION or at the 
Branch of Candidate Conservation, Arlington, VA (see address below), or 
on our Internet website (http://endangered.fws.gov/candidates/index.html). Please submit any new information, materials, comments, or 
questions of a general nature on this notice to the Arlington, VA, 
address listed below. Please submit any new information, materials, 
comments, or questions pertaining to a particular species to the 
address of the Endangered Species Coordinator in the appropriate 
Regional Office listed in SUPPLEMENTARY INFORMATION.

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

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

Candidate Notice of Review

Background

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

[[Page 57805]]

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 website, 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 
December 10, 2008 (73 FR 75176). CNORs published since 1994 are 
available on our Internet website, http://www.fws.gov/endangered/candidates/index.html. For copies of CNORs published prior to 1994, 
please contact the Branch of Candidate Conservation (see ADDRESSES 
section above).
    On September 21, 1983, we published guidance for assigning an LPN 
for each candidate species (48 FR 43098). Using this guidance, we 
assign each candidate an LPN of 1 to 12, depending on the magnitude of 
threats, immediacy of threats, and taxonomic status; the lower the LPN, 
the higher the listing priority (that is, a species with an LPN of 1 
would have the highest listing priority). Guidelines for 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 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 that are 
intrinsically vulnerable to certain types of threats but are not known 
to be presently facing such threats.
    Our priority ranking system has three categories for taxonomic 
status: species that are the sole members of a genus; full species (in 
genera that have more than one species); and subspecies and distinct 
population segments of vertebrate species. We also apply this last 
category to species that are threatened or endangered in only 
significant portions of their ranges rather than their entire ranges.
    The result of the ranking system is that we assign each candidate a 
listing priority number of 1 to 12. For example, if the threat(s) is of 
high magnitude, with immediacy classified as imminent, the listable 
entity is assigned an LPN of 1, 2, or 3 based on its taxonomic status 
(i.e., a species that is the only member of its genus would be assigned 
to the LPN 1 category, a full species to LPN 2, and a subspecies, DPS, 
or a species that is threatened or endangered in only a significant 
portion of its range would be assigned to LPN 3). In summary, the LPN 
ranking system provides a basis for making decisions about the relative 
priority for preparing a proposed rule to list a given species. No 
matter which LPN we assign to a species, each species included in this 
notice as a candidate is one for which we have sufficient information 
to prepare a proposed rule to list it because it is in danger of 
extinction or likely to become endangered within the foreseeable future 
throughout all or a significant portion of its range.
    For more information on the process and standards used in assigning 
LPNs, a copy of the guidance is available on our website 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 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 December 10, 2008 (73 FR 75176), 
we reviewed the available information on candidate species to ensure 
that a proposed listing is justified for each species, and reevaluated 
the relative LPN assigned to each species. We also evaluated the need 
to emergency-list any of these species, particularly species with high 
priorities (i.e., species with LPNs of 1, 2, or 3). This review and 
reevaluation ensures that we focus conservation efforts on those 
species at greatest risk first.
    In addition to reviewing candidate species since publication of the 
last CNOR, we have worked on numerous findings in response to petitions 
to list species, and on proposed and final determinations for rules to 
list species under the Act. Some of these findings and determinations 
have been completed and published in the Federal Register, while work 
on others is still under way (see Preclusion and Expeditious Progress, 
below, for details).
    Based on our review of the best available scientific and commercial 
information, with this CNOR we identify five new candidate species (see 
New Candidates, below), change the LPN for eight candidates (see 
Listing Priority Changes in Candidates, below) and determine that 
listing proposals are not warranted for four 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 249 
species (including 110 plant and 139 animal species) are now candidates 
awaiting preparation of rules proposing their listing. These 249 
species, along with the 56 species currently proposed for listing 
(includes 1 species proposed for listing due to similarity in 
appearance), are included in Table 1.
    Table 2 lists the changes from the previous CNOR, and includes five 
species identified in the previous CNOR as either proposed for listing 
or classified as candidates that are no longer in those categories. 
This includes one species for which we published a final rule to list, 
plus the four species that we have determined do not warrant 
preparation of a rule to propose listing and therefore have been 
removed from candidate status in this CNOR.

[[Page 57806]]

New Candidates

    Below we present a brief summary of one new mammal, one new fish, 
one new mussel, and two new plant candidates, which we are recognizing 
in this CNOR. Complete information, including references, can be found 
in the species assessment forms. You may obtain a copy of these forms 
from the Regional Office having the lead for the species, or from our 
Internet website (http://endangered.fws.gov/candidates/index.html). For 
these species, we find that we have on file sufficient information on 
biological vulnerability and threats to support a proposal to list as 
endangered or threatened, but that preparation and publication of a 
proposal is precluded by higher priority listing actions (i.e., it met 
our definition of a candidate species). We also note below that three 
other species, yellow-billed loon, roundtail chub (Lower Colorado River 
Basin population), and Astragalus anserinus (Goose Creek milkvetch) 
were identified as candidates earlier this year as a result of a 
separate petition findings published in the Federal Register.

Mammals

    Florida bonneted bat (Eumops floridanus) - The following summary is 
based on information in our files. Endemic to south Florida, this 
species is known to occur at 12 locations, 5 on private land and 7 on 
public land. The entire population may number less than a few hundred 
individuals. Recent results from a rangewide acoustical survey found a 
small number of locations where calls were recorded, and low numbers of 
calls were recorded at each location. Few active roost sites are known; 
all are artificial (i.e., bat houses).
    Occurrences are threatened by loss and conversion of habitat to 
other uses and habitat alteration (e.g., removal of old trees with 
cavities, removal of manmade structures with suitable roosting sites); 
this threat is expected to continue and increase. Although occurrences 
on conservation lands are inherently more protected than those on 
private lands, habitat alteration during management practices may 
affect natural roosting sites even on conservation lands because the 
locations of any such sites are unknown. Therefore, occupied and 
potential habitat on forested or wooded lands, both private and public, 
continues to be at risk. The species is vulnerable to a wide array of 
natural and human factors: low population size, restricted range, low 
fecundity, distance between occupied locations, and small number of 
occupied locations. Such factors may make recolonization unlikely if 
any site is extirpated and make the species vulnerable to extinction 
due to genetic drift, inbreeding depression, extreme weather events, 
and random or chance changes to the environment. Where the species 
occurs in or near human dwellings or structures, it is at risk to 
persecution, removal, and disturbance. Disturbance from humans, either 
intentional or inadvertent, can occur at any of the occurrences of this 
bat on either private or conservation lands. Disturbance of maternity 
roosts is of particular concern due to this species' low fecundity and 
small population. Pesticide applications may be affecting its foraging 
base, especially in coastal areas.
    Due to its overall vulnerability, intense hurricanes are a 
significant threat; this threat is expected to continue or increase in 
the future. Intense storms can cause mortality during the storm, 
exposure to predation immediately following the storm, loss of roost 
sites, impacts on foraging areas and insect abundance, and disruption 
of the maternal period. Although disease is a significant threat for 
other bat species, it is not known to be a threat for the Florida 
bonneted bat at this time. The protection currently afforded the 
Florida bonneted bat is limited, provides little protection to the 
species' occupied habitat, and includes no provisions to protect 
suitable but unoccupied habitat within the vicinity of known colony 
sites. Overall, we find the magnitude of threats is high due to the 
severity of the threats on this species. We find that most of the 
threats are currently occurring and, consequently, overall, threats are 
imminent. Therefore, we assigned an LPN of 2 to this species.

Birds

    Yellow-billed loon (Gavia adamsii) - We previously announced 
candidate status for this species in a separate warranted-but-precluded 
12-month petition finding published on March 25, 2009 (74 FR 12931). 
Also, see summary below under ``Petition Findings.''

Fishes

    Roundtail chub (Lower Colorado River Basin DPS) (Gila robusta) - We 
previously announced candidate status for this species in a separate 
warranted- but-precluded 12-month petition finding published on July 7, 
2009 (74 FR 32351).
    Diamond darter (Crystallaria cincotta) - The following summary is 
based on information contained in our files. The diamond darter is a 
member of the Perch family (Percidae) that is generally translucent 
with silvery white on the ventral side of the body and head and has 
four wide olive-brown saddles on the back and upper side. The fish 
generally grows to between 73 to 77.3 millimeters (2.9 - 3.0 inches) in 
standard length. The species is a benthic invertivore (feeds on 
invertebrates) that inhabits moderate to large warm-water streams with 
moderate current and clean sand and gravel substrates.
    Historical records indicate that the diamond darter was distributed 
throughout the Ohio River Basin and that the range included the 
Muskingum River, Ohio; the Ohio River, Ohio; the Green River, Kentucky; 
and the Cumberland River Drainage, Kentucky and Tennessee. The species 
is currently only known to exist within a 36-kilometer (km) (22.4-mile 
(mi)) section of the lower Elk River in Kanawha and Clay Counties, West 
Virginia, and is considered extirpated from the remainder of the Ohio 
River Basin. Survey results and independent publications indicate that 
the diamond darter is very rare and that the remaining population 
within the Elk River is likely very small. Despite repeated and 
targeted survey efforts within the species' known range and preferred 
habitat in the Elk River, only 18 individuals have been collected in 
the last 29 years.
    The primary threats to the diamond darter are related to the 
present or threatened destruction, modification, or curtailment of its 
habitat or range. The Elk River Watershed is threatened with ongoing 
water-quality degradation and habitat loss from activities such as coal 
mining, oil and gas development, siltation from these and other 
sources, and inadequate sewage and wastewater treatment. The 
impoundment of rivers in the Ohio River Basin, such as the Kanawha, 
Ohio, and Cumberland, has eliminated much of the species' habitat and 
isolated the existing population from other watersheds that the species 
historically occupied. Invasive species have the potential to affect 
the Elk River and diamond darter habitat. The small size and restricted 
range of the remaining diamond darter population make it particularly 
susceptible to the effects of genetic inbreeding, as well as potential 
extirpation from spills and other catastrophic events. The species is 
vulnerable to overutilization for scientific purposes; however, the 
significance of this threat has been reduced and can be further 
minimized through the administration of existing scientific collecting 
permit procedures. Existing Federal and State regulatory mechanisms do 
not currently provide protections for the species or its habitat.

[[Page 57807]]

    The threats to the diamond darter are high in magnitude, in that 
the entire current range of the species is potentially affected, and 
the effects of the threats severely affect the reproductive capacity 
and can result in total mortality. The threats to the species are 
imminent and ongoing. Activities that pose a threat to the species 
already exist within the watershed and are expected to continue. Based 
on imminent threats of a high magnitude, we assigned an LPN of 2 to 
this species.

Clams

    Rabbitsfoot (Quadrula cylindrica cylindrical) - The following 
summary is based on information in our files. The rabbitsfoot is a 
freshwater mussel native to Alabama, Arkansas, Georgia, Illinois, 
Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Ohio, 
Oklahoma, Pennsylvania, Tennessee, and West Virginia. The species has 
disappeared from 5 of 6 rivers in the Lower Great Lakes sub-basin, 47 
of 64 rivers in the Ohio River system, 10 of 12 rivers in the 
Cumberland River basin, 14 of 19 rivers in the Tennessee River system, 
2 of 5 rivers in the Lower Mississippi River sub-basin, 3 of 12 rivers 
in the White River system, 4 of 8 rivers in the Arkansas River system, 
and 4 of 11 rivers in the Red River system, representing approximately 
a 65-percent decline of its range. Total range reduction (river miles) 
and overall population loss for the rabbitsfoot may approach, if not 
exceed, 90 percent. Of the 49 extant populations, 10 populations are 
considered to be viable in the longterm.
    Population declines continue in most of the species' range, and 
numerous threats, including water-quality degradation, loss of stable 
substrates, sedimentation, channelization, gravel mining, dredging, and 
impoundments, are affecting the few remaining sustainable extant 
populations. The small size of most of the remaining rabbitsfoot 
populations exacerbates the threats and adverse effects of chance 
events to rabbitsfoot.
    Threats to the continued existence of rabbitsfoot include exotic 
species, especially zebra mussels; delivery and deposition of fine 
sediments; small population sizes; isolation of populations; livestock 
grazing; wastewater effluents; mine runoff; unstable and coldwater 
flows downstream of dams; gravel mining; and channel dredging. In 
addition, the rabbitsfoot, like many other fresh-water mussels, 
requires a fish host to transport it larvae, and the fish host of 
rabbitsfoot is unknown for the eastern portion of its range; thus, 
artificial propagation of the rabbitsfoot to reestablish the species in 
restored habitats and to maintain non-reproducing populations is not 
possible, nor is focused conservation of its fish host. Although there 
are ongoing attempts to alleviate some of these threats at some 
locations, there appear to be no populations without significant 
threats and many threats are without obvious or readily available 
solutions. The threats described above have led to the species being 
intrinsically vulnerable to extirpation.
    Due to the number of extant populations and relatively broad 
distribution, the threats to rabbitsfoot are of moderate magnitude. 
Although some of the threats are nonimminent, most are ongoing and, 
therefore, overall, the threats are imminent. Thus, we assigned an LPN 
of 9 to this subspecies.

Flowering Plants

    Astragalus anserinus (Goose Creek milkvetch) - We previously 
announced candidate status for this species in a separate warranted-
but-precluded 12-month petition finding published on September 10, 2009 
(74 FR 46521).
    Leavenworthia exigua var. laciniata (Kentucky gladecress) - The 
following summary is based on information in our files. Kentucky 
gladecress is a winter annual that is adapted to environments with 
shallow soils interspersed with flat-bedded limestones. The natural 
habitat for Kentucky gladecress is cedar glades, but the variety is 
also known from overgrazed pastures, eroded shallow-soil areas with 
exposed bedrock, and areas where the soil has been scraped off the 
underlying bedrock. The variety does not appear to compete well with 
other vegetation and is shade intolerant. Currently, there are 
approximately 55 occurrences in Jefferson and Bullitt Counties, 
Kentucky, but at least 39 of these occurrences are of poor quality with 
low numbers of plants and degraded conditions.
    Populations of this variety are now located primarily in modified 
habitats such as pastureland, roadside rights of way, and cultivated or 
plowed fields. These populations are threatened by further habitat 
destruction (conversion from rural to residential land use), herbicide 
use, overgrazing, and competition. Some populations continue to occupy 
natural glade habitats, but these habitats are remnant in nature and 
continue to be affected by agricultural and residential conversion. The 
variety's primary threat, habitat destruction due to residential and 
commercial development, is widespread and has the potential to affect 
the entire range of the variety. The effects of the threat are also 
permanent. Therefore, these threats are high in magnitude. These 
threats are imminent because the conversion from rural to residential 
land use is ongoing. Consequently, we assigned an LPN of 3 to this 
plant variety.

Ferns and Allies

    Trichomanes punctatum ssp. floridanum (Florida bristle fern) - The 
following summary is based on information in our files. The Florida 
bristle fern has been reduced to four, or possibly five, small, 
isolated occurrences: Three occur in Miami-Dade County and two in 
Sumter County. In Miami-Dade County, it has been found exclusively in 
solution holes in oolitic limestone and rocky outcrops in rockland 
hammocks. In Sumter County, plants occur in a mesic/hydric hammock on 
shaded limestone boulders.
    Most sites where Florida bristle fern once occurred in Miami-Dade 
County have been lost; few rockland hammocks remains outside of 
Everglades National Park. Impacts from regional water drainage in 
Miami-Dade County are severe, and currently occurring. Regional 
drainage in remaining habitat has probably been a stressor that has 
contributed to extirpations and population declines. Resulting drops in 
ambient humidity in the habitat may limit reproduction and health of 
populations over the longterm. Such changes in humidity may cause 
extirpations or make plants more vulnerable to other stressors (e.g., 
periodic long-term droughts, hurricanes). Climatic changes and sea-
level rise are future, long term threats that are expected to affect 
habitat and ultimately reduce the extent of available habitat in Miami-
Dade County. Agricultural conversion and development are currently 
occurring in Sumter County, placing any undocumented occurrences and 
suitable habitat at risk. Since a full survey of suitable habitats for 
the Florida bristle fern has never been conducted in Sumter County, we 
cannot determine the full extent of losses of this species due to 
habitat destruction and modification. All known extant occurrences are 
located on conservation lands; however, there is potential, especially 
in Sumter County, for the species to occur on private lands. Together, 
the extant occurrences contain fewer than 1,000 plants. Many plants are 
probably clones, so there may be limited genetic diversity within 
sites. Because there are few occurrences, populations contain few 
plants, and

[[Page 57808]]

genetic variability is low, the species is inherently at risk due to 
stochastic events. Droughts, tropical storms, and hurricanes are 
threats; Hurricane Andrew may have played a role in the extirpation of 
the species from two sites. Since there are few occurrences remaining, 
the species is threatened with extinction during these events. Invasive 
exotic plants are also a threat, but may be reduced due to active 
programs by Miami-Dade County and the State. The extent to which fungus 
is a threat to wild populations is unknown. Overall, the magnitude of 
threats is high, and most threats are occurring and are, therefore, 
imminent. Consequently, we assigned this subspecies an LPN of 3.

Listing Priority Changes in Candidates

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

Birds

    Elfin-woods warbler (Dendroica angelae) - 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. The elfin-woods warbler was at first thought to 
occur only in the high-elevation dwarf or elfin forests of Puerto Rico, 
but has since been found at lower elevations including shade coffee 
plantations and secondary forests. This species builds a compact cup 
nest, usually close to the trunk and well hidden among the epiphytes of 
a small tree, and its breeding season extends from March to June. It 
forages in the middle part of trees, gleaning insects from leaves in 
the outer portion of the tree crown. The elfin-woods warbler has been 
documented from four locations in Puerto Rico: Luquillo Mountains, 
Sierra de Cayey, and the Commonwealth forests of Maricao and Toro 
Negro. However, it has not been recorded again in Toro Negro and Cayey 
since the passing of Hurricane Hugo in 1989. In 2003 and 2004, surveys 
were conducted for the elfin-woods warbler in the Carite Commonwealth 
Forest, Toro Negro Forest, Guilarte Forest, Bosque del Pueblo, Maricao 
Forest and the El Yunque National Forest (Luquillo Mountains), but the 
species was detected only in the latter two. In the Maricao 
Commonwealth Forest, 778 elfin-woods warblers were recorded, and in the 
El Yunque National Forest, 196 were recorded.
    The elfin-woods warbler is threatened by habitat modification. 
Destruction of elfin forest and Podocarpus forest by the installation 
of infrastructure (telecommunication towers and recreational 
facilities) threatens the long-term survival of this species. Loss of 
this type of habitat has been curtailed but potential for loss still 
exists due to Commonwealth agencies other than Department of Natural 
and Environmental Resources potentially installing these structures. 
Furthermore, restoration of this habitat would take a few decades to 
complete. Present regulatory processes, both Commonwealth and Federal, 
promote the protection of these areas. Conversion of elfin-woods 
warbler habitat of better quality (e.g., mature secondary forests, 
young secondary forests, and shade-coffee plantations) along the 
periphery of the Maricao Commonwealth Forest to marginal habitat (e.g., 
pastures, dry slope forests, residential rural forests, gallery 
forests, and sun-coffee plantations) may result in ineffective 
corridors for dispersal and expansion of the elfin-woods warbler. 
Although there is an effort to restore sun-coffee plantations to shade-
coffee habitat, other habitats adjacent to the Maricao Forest may still 
be affected by residential development. We previously assessed the LPN 
as a 5 (high magnitude, nonimminent threats). Our analysis of the five 
listing factors revealed that only factors A and D applied to the 
species. Although habitat modification is occurring, it is limited, as 
the species is found mostly on protected lands managed by the 
Commonwealth and Federal agencies. We found no indication that the two 
populations of elfin-woods warbler are declining in numbers. We also 
found that the species can thrive in disturbed and plantation habitats, 
and rebounds and recovers well, in a relatively short time, from the 
damaging effects of hurricanes to the forest structure. Therefore, we 
have determined that the magnitude of threats is moderate to low 
because the severity of the threats on the species is not as great as 
we previously believed and most of the range of the elfin-woods warbler 
is within protected lands. The threats are not currently occurring in 
most of the warbler's habitat; therefore, the threats are nonimminent. 
As a result, we have changed the LPN from a 5 to an 11 for this 
species.

Fish

    Pearl darter (Percina aurora) - Little is known about the specific 
habitat requirements or natural history of the Pearl darter. Pearl 
darters have been collected from rivers and streams with a variety of 
attributes, but are mainly found over gravel-bottom substrate. This 
species is historically known only from localized sites within the 
Pascagoula and Pearl River drainages in two States. Currently, the 
Pearl darter is considered extirpated from the Pearl River drainage and 
rare in the Pascagoula River drainage. Since 1983, the range of the 
Pearl darter has decreased by 55 percent.
    The Pearl darter is vulnerable to non-point source pollution caused 
by urbanization and other land use activities; gravel mining and 
resultant changes in river geomorphology, especially head cutting; and 
the possibility of water reductions casused by the proposed Department 
of Energy Strategic Petroleum Reserve project and a proposed dam on the 
Bouie River. Additional threats are posed by the apparent lack of 
adequate State and Federal water-quality regulations due to the 
continuing degradation of water quality within the species' habitat. 
The pearl darter's localized distribution and apparent low population 
numbers may indicate a species with lower genetic diversity and would 
also make this species more vulnerable to catastrophic events. 
Reevaluation of the threats affecting the pearl darter has indicated 
that a change in the Listing Priority Number is warranted. Threats 
affecting the pearl darter are localized in nature, affecting portions 
of the population within the drainage. Thus, a threat magnitude of 
moderate to low is a more appropriate category in this situation. In 
addition, since the identified threats are currently affecting this 
species in these portions of its range, the threats are imminent. 
Therefore, we have changed the LPN from a 5 to an 8 to reflect this 
reevaluation.

Clams

    Neosho mucket (Lampsilis rafinesqueana) - 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, primarily in Kansas and Oklahoma. The Neosho 
mucket survives in four river drainages, however, only one of these, 
the Spring River, currently supports a relatively large population.
    Significant portions of the historical range have been inundated by 
the

[[Page 57809]]

construction of at least 11 dams. Channel instability downstream of 
these dams has further reduced suitable habitat and mussel 
distribution. Range restriction and population declines have occurred 
due to habitat degradation attributed to urbanization, impoundments, 
mining, sedimentation, and agricultural pollutants. Rapid development 
and urbanization in the Illinois River watershed will likely continue 
to increase channel instability, sedimentation, and eutrophication to 
this river. The rapid collapse of the entire mussel community, 
including Neosho mucket, since 2005 in the Arkansas portion of the 
Illinois River threatens to extirpate the species from approximately 30 
river miles in the very near future. The Illinois River once 
represented one of the two viable populations, but continued viability 
of this stream population is doubtful and extirpation is imminent. The 
remaining extant populations are vulnerable to random catastrophic 
events (e.g., flood scour, drought, toxic spills), land-use changes 
within the limited range, and genetic isolation and the deleterious 
effects of inbreeding. These threats have led to the species being 
intrinsically vulnerable to extirpation. Although State regulations 
limit harvest of this species, there is little protection for habitat. 
The threats are high in magnitude because of their severity on this 
species, and they occur throughout the range. The majority of the 
threats are ongoing and thus imminent. Thus, we changed the LPN from a 
5 to a 2 for this species.

Insects

    Miami blue butterfly (Cyclargus thomasi bethunebakeri) - The Miami 
blue is endemic to south Florida. Historically, it occurred throughout 
the Florida Keys, north to Hillsborough and Volusia Counties. It is 
presently located at two sites in the Keys. In 1999, a metapopulation 
was discovered at Bahia Honda State Park (BHSP) on Bahia Honda Key and 
in 2006 a second metapopulation was discovered on the outer islands of 
Key West National Wildlife Refuge (KWNWR). The BHSP metapopulation 
appears restricted to a couple hundred individuals at most; the KWNWR 
metapopulation was believed to be several hundred in 2006-2007, but 
appears to be lower in abundance now. Capacity to expand at either site 
or successfully emigrate from either site appears to be very low due to 
the sedentary nature of the butterfly and isolation of habitats. 
Reintroduction efforts have not been successful. The Miami blue is 
predominantly a coastal species, occurring in disturbed and early 
successional habitats such as the edges of tropical hardwood hammock, 
coastal berm forest, and along trails and other open sunny areas, and 
historically in pine rocklands. These habitats provide host plants for 
larvae and nectar sources for adults in close proximity, as the species 
requires.
    Major threats to the butterfly include few occurrences, limited 
population size and range, hurricanes, mosquito control activities, and 
herbivory of hostplants by iguanas. Damage to hostplants from iguanas 
at BHSP is a new, ongoing, significant threat; although active steps 
are being taken by the State, this metapopulation is now at risk. 
Climatic changes and sea-level rise are long-term threats that will 
reduce the extent of habitat. Accidental harm or habitat destruction 
and illegal collection may also pose threats to the survival due to 
small population sizes. Loss of genetic diversity within the small and 
isolated populations may be occurring. The survival of the Miami blue 
depends on protecting the species' currently occupied habitat from 
further degradation and fragmentation; restoring potentially suitable 
habitat within its historical range; avoiding or removing threats from 
fire suppression, mosquito control, and accidental harm from humans; 
increasing the current population in size; and establishing populations 
at other locations. The threats are high in magnitude and constitute a 
significant risk to the subspecies. Given that the new threat from 
iguanas and other threats (hurricanes, few occurrences, and small 
population size) are ongoing, the threats are imminent. Therefore, we 
changed the LPN from a 6 to a 3.

Flowering plants

    Helianthus verticillatus (whorled sunflower) - The whorled 
sunflower is found in moist, prairie-like openings in woodlands and 
along adjacent creeks. Despite extensive surveys throughout its range, 
only five populations are known for this species. There are two 
populations documented for Cherokee County, Alabama; one population in 
Floyd County, Georgia; and one population each in Madison and McNairy 
Counties, Tennessee. This species appears to have restricted ecological 
requirements and is dependent upon the maintenance of prairie-like 
openings for its survival. Active management of habitat is needed to 
keep competition and shading under control. Much of its habitat has 
been degraded or destroyed for agricultural, silvicultural, and 
residential purposes. Populations near roadsides or powerlines are 
threatened by herbicide usage in association with right-of-way 
maintenance. The majority of the Georgia population is protected due to 
its location within a conservation easement area; however, only 15 to 
20 plants are estimated to occur at this site. The remaining four sites 
are not formally protected, but efforts have been taken to abate 
threats associated with highway right-of-way maintenance at one Alabama 
population; and, despite past concerns about threats from timber 
removal degrading H. verticillatus habitat, the other Alabama 
population has responded favorably to canopy removal that took place 
circa 2001. Because of this, the threats are of moderate magnitude. The 
threats are currently occurring, and therefore imminent. To help ensure 
consistency in the application of our listing priority process, we 
changed the LPN from a 5 to an 8 for this species.
    Lesquerella globosa (Short's bladderpod) - Short's bladderpod is a 
perennial member of the mustard family that occurs in Indiana (1 
location), Kentucky (6 locations), and Tennessee (22 locations). It 
grows on steep, rocky, wooded slopes; talus areas, along cliff tops and 
bases; and on cliff ledges. It is usually associated with south-to-
west-facing calcareous outcrops adjacent to rivers or streams. Road 
construction and road maintenance have played a significant role in the 
decline of L. globosa. Specific activities that have affected the 
species in the past and continue to threaten it include bank 
stabilization, herbicide use, mowing during the growing season, grading 
of road shoulders, and road widening or repaving. Sediment deposition 
during road maintenance or from other activities also potentially 
threatens the species. Because the natural processes that maintained 
habitat suitability and competition from invasive nonnative vegetation 
have been interrupted at many locations, active habitat management is 
necessary at those sites. The threats from roadside maintenance and 
habitat alterations by invasive plant encroachment are moderate in 
magnitude, as they are not affecting all locations of this species. 
However, the threats are currently occurring, and therefore imminent. 
To help ensure consistency in the application of our listing priority 
process, we changed the LPN from a 5 to an 8 for this species.
    Physaria douglasii ssp. tuplashensis (White Bluffs bladderpod) - In 
previous Candidate Notices of Review, we referred to P. douglasii ssp. 
tuplashensis as P. tuplashensis. We have now dropped that name because 
the paper that recommended its use was never published. As a result, we 
are following

[[Page 57810]]

the treatment of a 2002 published scientific paper that recognized the 
White Bluffs bladderpod as Physaria douglassii ssp. tuplashensis.
    White Bluffs bladderpod is a low-growing, herbaceous, short-lived 
perennial plant in the Brassicaceae (mustard) family. Historically and 
currently, White Bluffs bladderpod (P. douglasii ssp. tuplashensis) has 
been known from only 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 km) 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. However, the southern 
portion is the closest to the agricultural land and the most affected 
by landslides. Other significant threats include use of the habitat by 
recreational off-road vehicles which destroy plants, and the presence 
of invasive nonnative plants that compete with P. douglassii ssp. 
tuplashensis for resources (light, water, nutrients). Additionally, the 
increasing presence of invasive nonnative plants may alter fire regimes 
and potentially increase the threat of fire to the P. douglasii ssp. 
tuplashensis population. As a result of a fire in 2007, there is a 
higher probability that invasion of these nonnatives will occur. We 
reanalyzed the magnitude and imminence of the threats, which resulted 
in a change in the LPN for P. douglasii ssp. tuplashensis. The threats 
to the population from landslides and the recreational off-road vehicle 
use are currently occurring and will continue to occur in the future. 
In addition, invasion by nonnative plants is currently occurring, and 
with the 2007 fire that occurred in the area of the existing 
population, invasive plants will likely spread and increase throughout 
the burned area of the population. We have therefore determined that 
these threats are imminent. Although approximately 35 percent of the 
population is severely affected by landslides in the southern portion 
of the range, the likelihood of the persistence of the population in 
the unaffected northern portion appears to be relatively high. 
Currently, we know of no plans to expand or significantly modify the 
existing agriculture activities in areas adjacent to the population. In 
addition, deliberate modification of the species' immediate habitat is 
unlikely due to its location and 85 percent having Federal ownership. 
Even though off-road vehicle use is prohibited on the monument, 
intermittent, ongoing use does occur. However, these activities, 
although they are ongoing, are mainly confined to the upper portion of 
the White Bluffs where few P. tuplashensis plants occur, so there is 
low to moderate threat to the species from these activities. Invasive 
plants are present in the vicinity, but have not yet been described as 
a significant problem. While P. douglasii ssp. tuplashensis is 
inherently vulnerable because it is a narrow endemic, the magnitude of 
the threats to the population is moderate. The threats are currently 
occurring, and therefore imminent. To help ensure consistency in the 
application of our listing priority process and to recognize the 
correct taxonomic name, we changed the LPN from a 5 to a 9 for this 
subspecies.
    Platanthera integrilabia (White fringeless orchid) - Platanthera 
integrilabia is a perennial herb that grows in partially but not fully 
shaded, wet, boggy areas at the heads of streams and on seepage slopes 
in Alabama, Georgia, Kentucky, and Tennessee. Historically, there were 
at least 90 populations of P. integrilabia. Currently there are 
approximately 50 extant sites supporting the species.
    Several populations have been extirpated due to road, residential, 
and commercial construction and projects that altered soil and site 
hydrology such that suitability for the species was reduced. Several of 
the known populations are in or adjacent to powerline rights of way. 
Mechanical clearing of these areas may benefit the species by 
maintaining adequate light levels; however, the indiscriminant use of 
herbicides in these areas could pose a significant threat to the 
species. All-terrain vehicles have damaged several sites and pose a 
threat at most sites. Most of the known sites for the species occur in 
areas that are managed specifically for timber production. Timber 
management is not necessarily incompatible with the protection and 
management of the species, but care must be taken during timber 
management to ensure that the hydrology of the bogs that support the 
species is not altered. Natural succession can result in decreased 
light levels. Because of the species' dependence upon moderate to high 
light levels, some type of active management to prevent complete canopy 
closure is required at most locations. Collecting for commercial and 
other purposes is a potential threat. Herbivory (primarily by deer) 
threatens the species at several sites. Due to the alteration of 
habitat and changes in natural conditions, protection and recovery of 
this species is dependent upon active management rather than just 
preservation of habitat. Invasive, nonnative plants such as Japanese 
honeysuckle and kudzu threaten several sites. Upon review of current 
listing guidance and threats affecting the species, we have revised the 
LPN to reflect the fact that threats are currently operating at most 
sites and are therefore imminent. While the threats are widespread, 
however, the impact of those threats on the species survival is 
moderate in magnitude. Several of the sites are protected to some 
degree from the threats by being within State parks, national forests, 
wildlife management areas, or other protected land. As a result, we 
changed the LPN from a 5 to an 8 for this species.

Candidate Removals

    As summarized below, we have evaluated the threats to the following 
four species and considered factors that, individually and in 
combination, currently 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 it is not warranted, and we no longer consider it to be a 
candidate species for listing. We will continue to monitor the status 
of these species, and to accept additional information and comments 
concerning this finding. We will reconsider our determination for each 
species in the event that new information indicates that the threats to 
the species are of a considerably greater magnitude or imminence than 
identified through assessments of information contained in our files, 
as summarized here.

Snails

    Fat-whorled pondsnail (Stagnicola bonnevillenis) - The fat-whorled 
pondsnail, also known as the Bonneville pondsnail, was thought to occur 
in only four spring pools north of the Great Salt Lake in Box Elder 
County, Utah. Additional surveys found Lymnaeid snails including S. 
bonnevillensis-like

[[Page 57811]]

shells in springs throughout the playa. New information shows that 
shell characteristics vary greatly with environmental conditions. 
Because the fat-whorled pondsnail was classified based only on the 
shell appearance, the taxonomy is questionable. Because of 
uncertainties surrounding the validity of S. bonnevillensis as a 
species, we evaluated all Stagnicola sp. inhabiting the spring pools 
previously thought to be occupied by S. bonnevillensis. The primary 
threat to these pools has been chemical contamination of the 
groundwater. Significant actions have been taken to remediate this 
threat, including implementing corrective actions to track and 
remediate groundwater contamination, implementation of a site 
management plan, and development of a groundwater model and risk 
assessment. The plan has been implemented, and conservation measures 
are currently being monitored for effectiveness. These efforts have 
been under way for a sufficient period to effectively eliminate the 
threat from contamination. We know of no other threats to the springs 
in the range of S. bonnevillensis. Based on findings and analysis in 
our updated assessment, we conclude that this species in not likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range, and listing this species 
under the Endangered Species Act is therefore not warranted. The 
species no longer meets our definition of a candidate, and we have 
removed it from candidate status.

Crustaceans

    Troglobitic groundwater shrimp (Typhlatya monae) - Typhlatya monae 
is a small subterranean small shrimp known from Puerto Rico, Barbuda, 
and the 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. T. monae feeds on 
organic waste material and debris, such as bat guano. Little is known 
concerning the status of T. monae in either Barbuda or Dominican 
Republic and we are not aware of any threats to this species in those 
locations. This species was discovered on Mona Island, in Puerto Rico 
but was later found on the Puerto Rico mainland in three caves within 
the Gu[aacute]nica Commonwealth Forest in the municipalities of 
Gu[aacute]nica, Yauco, and Guayanilla. Although the species was not 
found on Mona Island during surveys conducted in 1974 and 1995, the 
species may still be found in the reef deposit aquifers in Mona Island 
that have not yet been surveyed.
    In 1995, the total population was estimated to be close to 2,000 
individuals; over 95 percent of these were observed in one cave. 
Although no systematic censuses have been conducted since 1995, the 
Service has recently documented the presence of the species in all 
three mainland caves and obtained information from Puerto Rico 
Commonwealth Forest personnel regarding two additional caves in which 
the species may occur.
    In past reviews, we determined that the species was threatened by 
habitat disturbance, human-induced fires, hurricanes and floods. 
However, the Gu[aacute]nica Commonwealth Forest and Mona Island Natural 
Reserve are managed for conservation by the Puerto Rico Department of 
Natural and Environmental Resources (DNER). Caves in the Gu[aacute]nica 
Forest are closed to public visitors; therefore, habitat modification 
and disturbance, and human-induced fires are not anticipated. Caves on 
Mona Island are seldom visited, and adverse effects to these areas have 
not been documented. The species is located in pools inside caves, and 
underground waters; thus, we do not anticipate impacts from hurricanes. 
Typhlatya monae was first described in Mona Island from el Pozo Del 
Portuguez and from a deep well close to the airport. At the present 
time, the use of this well is limited to DNER staff; therefore, 
additional extraction of underground waters is not expected. Currently, 
the DNER utilizes water cisterns and commercial potable water as 
alternate water sources. The species is protected by Regulation 
6766 (``Reglamento para Regir las Especies Vulnerables y en 
Peligro de Extinci[ouml]n en el Estado Libre Asociado de Puerto 
Rico''), adopted in 2004 by the Commonwealth of Puerto Rico. Under 
Regulation 6766, T. monae is listed as Critically Endangered 
(CR). Regulation 6766 prohibits collecting, killing, or 
harming listed species. We conclude that this species in not likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range, and listing this species 
under the Endangered Species Act is not warranted. The species no 
longer meets our definition of a candidate, and we have removed it from 
candidate status.

Flowering Plants

    Calliandra locoensis (no common name) - Calliandra locoensis is a 
spiny, leguminous shrub currently known from five localities within the 
Susu[aacute] Commonwealth Forest in the municipalities of Yauco and 
Sabana Grande, in southwestern Puerto Rico. This species is endemic to 
Puerto Rico, and was discovered in 1991 during a study of the flora of 
the Susu[aacute] Commonwealth Forest; it was described by Garci[aacute] 
and Kolterman in 1992. Calliandra locoensis is found on shallow, 
serpentine soils with low nutrients, high drainage, and low fertility. 
In 2007, local botanists reported 3 populations with approximately 
1,600 adult plants and numerous seedlings in 5 localities indicating 
that the number of adult individuals has doubled and the number of 
localities has increased since surveys conducted in 1998.
    In previous reviews, we determined that the species was threatened 
by forest-management practices (accidental trampling, brush clearing, 
trail maintenance), forest fires (natural or manmade), catastrophic 
natural events (hurricanes, floods, mudslides), and restricted 
distribution. We now find that this species is not currently threatened 
by forest management practices. The species is currently considered as 
a critical element under the Puerto Rico Department of Natural and 
Environmental Resources Natural Heritage Program; consequently 
activities conducted in the forest are generally scrutinized and 
measures to minimize or avoid impacts to species are recommended and 
implemented. The Susu[aacute] Commonwealth Forest is also protected by 
Law 133 and has been designated as a Critical Wildlife Area. 
We also previously indicated that this species was vulnerable to 
hurricanes and human-induced fires. Plants endemic to the Caribbean are 
naturally adapted to the impact of hurricanes (the species usually lose 
their leaves for a certain period of time, but recover them later). 
Although hurricanes are common occurrences in Puerto Rico, damage to 
this species by hurricanes has not been reported in any of the 
currently known populations in the last decade. Surveys have indicated 
that despite hurricanes occurring in the areas where C. locoensis 
exists, the number of adult individuals has doubled, the number of 
localities has increased, evidence suggests that the species is 
successfully reproducing. Thus, we have determined that hurricanes are 
not a threat. The currently known populations are not located near the 
roads of the forest, which are more vulnerable to fires and DNER 
implements a fire prevention plan within the forest, particularly 
during the dry season; therefore, fire is not a threat to the species. 
We conclude that this species in not likely to become

[[Page 57812]]

an endangered species within the foreseeable future throughout all or a 
significant portion of its range, and listing this species under the 
Endangered Species Act is not warranted. The species no longer meets 
our definition of a candidate, and we have removed it from candidate 
status.
    Calyptranthes estremerae (no common name) - 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 Rio Camuy 
Cave Park. At present time, about 100 individuals of C. estremerae are 
estimated for the Camuy Cave Park area, Rio Abajo Commonwealth Forest 
(managed by the Puerto Rico Department of Natural and Environmental 
Resources (DNER)), and a privately owned farm in Sabana Hoyos, Arecibo.
    We have found that this species is no longer threatened by the 
expansion of recreation facilities within Cavernas de Camuy Park and 
Rio Abajo Commonwealth Forest, as there are no plans to expand such 
facilities. In addition, the Rio Abajo Commonwealth Forest has a 
management plan in place that emphasizes protection and conservation of 
species classified under DNER as critical, threatened, or endangered 
and their habitat; C. estremerae is classified as a critical element by 
DNER. Furthermore, actions that may affect such classified species are 
generally scrutinized, and measures to minimize or avoid impacts to 
these species are recommended and implemented. The Rio Abajo 
Commonwealth Forest is also protected by designation as a Critical 
Wildlife Area. In previous assessments, we indicated that the small 
number of individuals of C. estremerae in the two populations, along 
with the species' limited distribution made this species vulnerable to 
potential catastrophic natural (hurricanes) and manmade (fires) events. 
However, damage by hurricanes has not been reported in any of the 
currently known populations. In addition, because the species exists in 
the subtropical moist forest life zone, the threat of human-induced 
fires is low; further, the DNER implements an islandwide fire 
prevention plan in public forests. Therefore, fires are currently not a 
threat to this species. We conclude that this species in not likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range, and listing this species 
under the Endangered Species Act is not warranted. The species no 
longer meets our definition of a candidate, and we have removed it from 
candidate status.

Petition Findings

    The Act provides two mechanisms for considering species for 
listing. One method allows the Secretary, on his own initiative, to 
identify species for listing under the standards of section 4(a)(1). We 
implement this through the candidate program, discussed above. The 
second method for listing a species provides a mechanism for the public 
to petition us to add a species to the Lists. 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 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 review the 
status of the newly petitioned candidate species and through this CNOR 
publish specific section 4(b)(3) findings (i.e., substantial 90-day and 
warranted-but-precluded 12-month findings) in response to the petitions 
to list these candidate species. We publish these findings as part of 
the first CNOR following receipt of the petition.
    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 these annual findings 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

[[Page 57813]]

been reviewing and will continue to review, at least annually, the 
status of every candidate, whether or not we have received a petition 
to list it. Thus, the CNOR and accompanying species assessment forms 
constitute the Service's annual finding on the status of petitioned 
species pursuant to section 4(b)(3)(C)(i).
    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 (9\th\ 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 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.
    In this CNOR we continue to incorporate information that addresses 
the courts' concerns. 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 specific information in our discussion on preclusion (see 
below). In preparing this CNOR, we reviewed the current status of, and 
threats to, the 162 candidates and 6 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. The immediate publication of proposed rules to list these 
species was precluded by our work on higher priority listing actions, 
listed below, during the period from October 1, 2008, through September 
30, 2009. We will continue to monitor the status of all candidate 
species, including petitioned species, as new information becomes 
available to determine if a change in status is warranted, including 
the need to emergency-list a species under section 4(b)(7) of the Act.
    In addition to identifying petitioned candidate species in Table 1 
below, we also present brief summaries of why 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 website: 
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

[[Page 57814]]

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 and final promulgation of a regulation 
implementing each of the petitioned actions for which we have made a 
warranted-but-precluded finding, and we describe the expeditious 
progress we are making to add qualified species to 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. 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 of 
Endangered and Threatened Wildlife and Plants (Lists) or to change the 
status of a species from threatened to endangered; annual 
determinations on prior warranted-but-precluded petition findings as 
required under section 4(b)(3)(C)(i) of the Act; critical habitat 
petition findings; proposed and final rules designating critical 
habitat; and litigation-related, administrative, and program-management 
functions (including preparing and allocating budgets, responding to 
Congressional and public inquiries, and conducting public outreach 
regarding listing and critical habitat). The work involved in preparing 
various listing documents can be extensive, and may include, but is not 
limited to: gathering and assessing the best scientific and commercial 
data available and conducting analyses used as the basis for our 
decisions; writing and publishing documents; and obtaining, reviewing, 
and evaluating public comments and peer review comments on proposed 
rules and incorporating relevant information into final rules. The 
number of listing actions that we can undertake in a given year also is 
influenced by the complexity of those listing actions; that is, more 
complex actions generally are more costly. 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 that 
requires a relatively uncomplicated analysis to $305,000 for another 
species that is wide-ranging and requires 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. Sec.  
1341(a)(1)(A)). In addition, in FY 1998 and for each fiscal year since 
then, Congress has placed a statutory cap on funds which may be 
expended for the Listing Program, equal to the amount expressly 
appropriated for that purpose in that fiscal year. This cap was 
designed to prevent funds appropriated for other functions under the 
Act (for example, recovery funds for removing species from the Lists), 
or for other Service programs, from being used for Listing Program 
actions (see House Report 105-163, 105\th\ 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, 107\th\ Congress, 1st Session, June 19, 2001). In FY 2002 and each 
year until FY 2006, the Service has had to use virtually the entire 
critical habitat subcap to address court-mandated designations of 
critical habitat, and consequently none of the critical habitat subcap 
funds have been available for other listing activities. In FY 2007, we 
were able to use some of the critical habitat subcap funds to fund 
proposed listing determinations for high-priority candidate species; 
however, in subsequent FYs we were unable to do this because all of the 
critical habitat subcap funds were needed to address our workload for 
designating critical habitat.
    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, represent the 
resources we must take into consideration when we make our 
determinations of preclusion and expeditious progress.
    Congress also recognized that the availability of resources was the 
key element in deciding, when making a 12-month petition finding, 
whether we would prepare and issue a listing proposal or instead 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 [that is, for a lower-
ranking species] unwise.''
    In FY 2009, expeditious progress is that amount of work that can be 
achieved with $8,808,000, which is the amount of money that Congress 
appropriated for the Listing Program (that is, the portion of the 
Listing Program funding not related to critical habitat designations 
for species that are already listed). 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. The 
$8,808,000 was used to fund work in the following categories: 
compliance with court orders and court-approved settlement agreements 
requiring that petition findings or listing determinations be completed 
by a specific date; section 4 (of the Act) listing actions with 
absolute statutory deadlines; essential litigation-related, 
administrative, and listing program-management functions; and high-
priority listing actions for some of our candidate species. The 
allocations for each specific listing action are identified in the 
Service's FY 2009 Allocation Table (part of our administrative record).
    In FY 2007, we had more than 120 species with an LPN of 2, based on 
our September 21, 1983, 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 
(high vs. moderate to low), immediacy of threats (imminent or 
nonimminent), and taxonomic status of the species (in order of 
priority: monotypic genus (a species that is the

[[Page 57815]]

sole member of a genus); species; or part of a species (subspecies, 
distinct population segment, or significant portion of the range)). The 
lower the listing priority number, the higher the listing priority 
(that is, a species with an LPN of 1 would have the highest listing 
priority). Because of the large number of high-priority species, we 
further ranked the candidate species with an LPN of 2 by using the 
following extinction-risk type criteria: International Union for the 
Conservation of Nature and Natural Resources (IUCN) Red list status/
rank, Heritage rank (provided by NatureServe), Heritage threat rank 
(provided by NatureServe), and species currently with fewer than 50 
individuals, or 4 or fewer populations. Those species with the highest 
IUCN rank (critically endangered), the highest Heritage rank (G1), the 
highest Heritage threat rank (substantial, imminent threats), and 
currently with fewer than 50 individuals, or fewer than 4 populations, 
comprised a group of approximately 40 candidate species (``Top 40''). 
These 40 candidate species have had the highest priority to receive 
funding to work on a proposed listing determination. As we work on 
proposed and final listing rules for these 40 candidates, we are 
applying the ranking criteria to the next group of candidates with LPN 
of 2 and 3 to determine the next set of highest priority candidate 
species.
    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 a species with an LPN of 2. In addition, available staff 
resources are also a factor in determining which high-priority species 
will receive funding. Finally, proposed rules for reclassification of 
threatened species to endangered are lower priority, since as listed 
species, they are already afforded the protection of the Act and 
implementing regulations.
    Thus, we continue to find that proposals to list the petitioned 
candidate species included in Table 1 are all warranted but precluded.
    As explained above, a determination that listing is warranted but 
precluded must also demonstrate that expeditious progress is being made 
to add and remove qualified species to and from the Lists of Endangered 
and Threatened Wildlife and Plants. (Although we do not discuss it in 
detail here, we are also making expeditious progress in removing 
species from the list under the Recovery program, which is funded by a 
separate line item in the budget 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. Given 
that limitation, we find that we made expeditious progress in FY 2009 
in the Listing Program. This progress included preparing and publishing 
the following determinations:

                                        FY 2009 Completed Listing Actions
----------------------------------------------------------------------------------------------------------------
          Publication Date                      Title                     Actions                FR Pages
----------------------------------------------------------------------------------------------------------------
10/15/2008                           90-Day Finding on a          Notice of 90-day        73 FR 61007 61015
                                      Petition To List the Least   Petition Finding,
                                      Chub                         Substantial
----------------------------------------------------------------------------------------------------------------
10/21/2008                           Listing 48 Species on Kauai  Proposed Listing,       73 FR 62591 62742
                                      as Endangered and           Endangered; Proposed
                                      Designating Critical         Critical Habitat.
                                      Habitat
----------------------------------------------------------------------------------------------------------------
10/24/2008                           90-Day Finding on a          Notice of 90-day        73 FR 63421 63424
                                      Petition to List the         Petition Finding, Not
                                      Sacramento Valley Tiger     substantial...........
                                      Beetle as Endangered
----------------------------------------------------------------------------------------------------------------
10/28/2008                           90-Day Finding on a          Notice of 90-day        73 FR 63919 63926
                                      Petition To List the Dusky   Petition Finding,
                                      Tree Vole (Arborimus         Substantial
                                      longicaudus silvicola) as
                                      Threatened or
                                     Endangered.................
----------------------------------------------------------------------------------------------------------------
11/25/2008                           12-Month Finding on a        Notice of 12 month      73 FR 71787 71826
                                      Petition To List the        petition finding,.....
                                      Northern Mexican            Warranted but
                                      Gartersnake (Thamnophis      precluded.
                                      eques megalops) as
                                      Threatened or Endangered
                                      With Critical Habitat;
                                      Proposed Rule
----------------------------------------------------------------------------------------------------------------
12/02/2008                           90-Day Finding on a          Notice of 90-day        73 FR 73211 73219
                                      Petition To List the Black-  Petition Finding,
                                      tailed Prairie Dog as        Substantial
                                      Threatened or Endangered
----------------------------------------------------------------------------------------------------------------
12/05/2008                           90-Day Finding on a          Notice of 90-day        73 FR 74123 74129
                                      Petition To List the         Petition Finding,
                                      Sacramento                   Substantial
                                     Mountains Checkerspot
                                      Butterfly (Euphydryas
                                      anicia cloudcrofti) as
                                      Endangered with Critical
                                      Habitat.
----------------------------------------------------------------------------------------------------------------
12/18/2008                           90-Day Finding on a          Notice of 90-day        73 FR 76990 76994
                                      Petition to Change the       Petition Finding,
                                      Listing Status of the        Substantial
                                      Canada Lynx
----------------------------------------------------------------------------------------------------------------
1/06/2009                            Partial 90-Day Finding on a  Notice of 90-day        74 FR 419 427
                                      Petition To List 475         Petition Finding, Not
                                      Species in the              substantial...........
                                      Southwestern United States
                                      as Threatened or
                                      Endangered With Critical
                                      Habitat
----------------------------------------------------------------------------------------------------------------
2/05/2009                            Partial 90-Day Finding on a  Notice of 90-day        74 FR 6122 6128
                                      Petition To List 206         Petition Finding, Not
                                      Species in the in the       substantial...........
                                      Midwest and Western United
                                      States as Threatened or
                                      Endangered With Critical
                                      Habitat
----------------------------------------------------------------------------------------------------------------

[[Page 57816]]

 
2/10/2009                            90-Day Finding on a          Notice of 90-day        74 FR 6558 6563
                                      Petition To List the         Petition Finding,
                                      Wyoming Pocket               Substantial
                                     Gopher as Threatened or
                                      Endangered With Critical
                                      Habitat.
----------------------------------------------------------------------------------------------------------------
3/17/2009                            Listing Phyllostegiahispida  Final Listing           74 FR 11319 11327
                                      (No Common Name) as          Endangered
                                     Endangered Throughout Its
                                      Range.
----------------------------------------------------------------------------------------------------------------
3/25/2009                            12-Month Finding on a        Notice of 12 month      74 FR 12931 12968
                                      Petition to List the        petition finding,.....
                                      Yellow-Billed Loon as       Warranted but
                                      Threatened or Endangered     precluded.
----------------------------------------------------------------------------------------------------------------
4/09/2009                            12-Month Finding on a        Notice of 12 month      74 FR 16169 16175
                                      Petition to List the San    petition finding, Not.
                                      Francisco Bay-Delta         warranted.............
                                      Population of the Longfin
                                      Smelt (Spirinchus
                                      thaleichthys) as
                                      Endangered
----------------------------------------------------------------------------------------------------------------
4/22/2009                            90-Day Finding on a          Notice of 90-day        74 FR 18336 18341
                                      Petition To List the         Petition Finding,
                                      Tehachapi Slender            Substantial
                                      Salamander (Batrachoseps
                                      stebbinsi) as Threatened
                                      or
                                     Endangered.................
----------------------------------------------------------------------------------------------------------------
5/07/2009                            90-Day Finding on a          Notice of 90-day        74 FR 21301 21310
                                      Petition To List the         Petition Finding,
                                      American Pika as             Substantial
                                      Threatened or Endangered
                                      with Critical Habitat
----------------------------------------------------------------------------------------------------------------
5/19/2009                            12-Month Finding on a        Notice 12-month         74 FR 23376 23388
                                      Petition to List the         petition finding, Not
                                      Coaster Brook Trout as       warranted
                                      Endangered
----------------------------------------------------------------------------------------------------------------
6/09/2009                            90-Day Finding on a          Notice of 90-day        74 FR 27266 27271
                                      Petition To List Oenothera   Petition Finding, Not
                                      acutissima (Narrowleaf      substantial...........
                                      Evening-primrose) as
                                      Threatened or
                                     Endangered.................
----------------------------------------------------------------------------------------------------------------
6/29/2009                            Proposed Endangered Status   Proposed Listing,       74 FR 31113 31151
                                      for the Georgia Pigtoe      Endangered; Proposed..
                                      Mussel, Interrupted         Critical Habitat......
                                      Rocksnail, and Rough
                                      Hornsnail with Critical
                                      Habitat
----------------------------------------------------------------------------------------------------------------
7/01/2009                            90-Day Finding on a          Notice of 90-day        74 FR 31389 31401
                                      Petition to List the         Petition Finding,
                                      Northern Leopard Frog        Substantial
                                      (Lithobates [=Rana]
                                      pipiens) in the Western
                                      United States as
                                      Threatened
----------------------------------------------------------------------------------------------------------------
7/07/2009                            12-Month Finding on a        Notice of 12-month      74 FR 32351 32387
                                      Petition To List a          petition finding,.....
                                      Distinct Population         Warranted but
                                      Segment of the Roundtail     precluded.
                                      Chub (Gila robusta) in the
                                      Lower Colorado River Basin
----------------------------------------------------------------------------------------------------------------
7/08/2009                            90-Day Finding on a          Notice of 90-day        74 FR 32510 32513
                                      Petition to List the Coqui   Petition Finding,
                                      Llanero (Eleutherodactylus   Substantial
                                      juanariveroi) as
                                      Endangered
----------------------------------------------------------------------------------------------------------------
7/08/2009                            90-Day Finding on a          Notice of 90-day        74 FR 32514 32521
                                      Petition to List the         Petition Finding,
                                      Susan's purse-making         Substantial
                                      caddisfly (Ochrotrichia
                                      susanae) as Threatened or
                                     Endangered.................
----------------------------------------------------------------------------------------------------------------
7/08/2009                            Proposed Endangered Status   Proposed Listing,       74 FR 32490 32510
                                      for Flying Earwig Hawaiian  Endangered............
                                      Damselfly (Megalagrion
                                      nesiotes) and Pacific
                                      Hawaiian Damselfly (M.
                                      pacificum) Throughout
                                      Their Ranges
----------------------------------------------------------------------------------------------------------------
7/09/2009                            Listing Casey's June Beetle  Proposed Listing,       74 FR 32857 32875
                                      (Dinacoma caseyi) as        Endangered; Proposed..
                                      Endangered and Designation  Critical Habitat......
                                      of Critical Habitat
----------------------------------------------------------------------------------------------------------------
7/22/2009                            90-Day Finding on a          Notice of 90-day        74 FR 36152 36158
                                      Petition To List the White-  Petition Finding,
                                      Sided                        Substantial
                                     Jackrabbit (Lepus callotis)
                                      as Threatened or
                                      Endangered.
----------------------------------------------------------------------------------------------------------------
8/06/2009                            Initiation of Status Review  Notice of Status        74 FR 39268 39269
                                      for Mountain Whitefish       Review
                                      (Prosopium williamsoni) in
                                      the Big Lost River, Idaho
----------------------------------------------------------------------------------------------------------------
8/11/2009                            90-Day Finding on a          Notice of 90-day        74 FR 40132 40138
                                      Petition To List the Jemez   Petition Finding,
                                      Mountains                    Substantial
                                     Salamander (Plethodon
                                      neomexicanus) as
                                      Threatened or.
                                     Endangered With Critical
                                      Habitat.
----------------------------------------------------------------------------------------------------------------
8/18/2009                            Partial 90-Day Finding on a  Notice of 90-day        74 FR 41649 41662
                                      Petition To List 206         Petition Finding, Not
                                      Species in the Midwest and  substantial (9
                                      Western United States as     species); Notice 90-
                                      Threatened or                day Petition Finding,
                                     Endangered with Critical      Substantial (29
                                      Habitat.                     species).
----------------------------------------------------------------------------------------------------------------

[[Page 57817]]

 
8/19/2009                            12-Month Finding on a        Notice of 12 month      74 FR 41832 41860
                                      Petition To List the Ashy   petition finding,.....
                                      Storm-Petrel as Threatened  Not warranted.........
                                      or Endangered
----------------------------------------------------------------------------------------------------------------
8/28/2009                            90-Day Finding on a          Notice of 90-day        74 FR 44335 44344
                                      Petition To List the         Petition Finding,
                                      Sonoran Population of        Substantial
                                      Desert Tortoise (Gopherus
                                      agasizzii) as a Distinct
                                     Population Segment (DPS)
                                      With Critical Habitat.
----------------------------------------------------------------------------------------------------------------
9/02/2009                            12-Month Finding on a        Notice of 12 month      74 FR 45396 45411
                                      Petition To List the        petition finding, Not.
                                      Sacramento                  warranted.............
                                     Mountains Checkerspot
                                      Butterfly as Endangered
                                      with Critical Habitat.
----------------------------------------------------------------------------------------------------------------
9/09/2009                            90-Day Finding on a          Notice of 90-day        74 FR 46401 46406
                                      Petition to List the         Petition Finding,
                                      Eastern Population of the    Substantial
                                      Gopher Tortoise (Gopherus
                                      polyphemus) as Threatened
----------------------------------------------------------------------------------------------------------------
9/10/2009                            12-Month Finding on a        Notice of 12 month      74 FR 46521 46542
                                      Petition to List            petition finding,
                                      Astragalus anserinus         Warranted but
                                      (Goose Creek milkvetch) as   precluded.
                                      Threatened or Endangered
----------------------------------------------------------------------------------------------------------------
9/10/2009                            90-Day Finding on a          Notice of 90-day        74 FR 46542 46547
                                      Petition to List Cirsium     Petition Finding,
                                      wrightii (Wright's marsh     Substantial
                                      thistle) as Threatened or
                                      Endangered with Critical
                                      Habitat
----------------------------------------------------------------------------------------------------------------
9/10/2009                            90-Day Finding on a          Notice of 90-day        74 FR 46551 46557
                                      Petition to List the         Petition Finding,
                                      Pacific Walrus as            Substantial
                                      Threatened or Endangered
----------------------------------------------------------------------------------------------------------------
9/10/2009                            Endangered and Threatened    Notice of 90-day        74 FR 46548 46551
                                      Wildlife and Plants; 90-     Petition Finding,
                                      Day                          Substantial
                                     Finding on a Petition to
                                      List the Amargosa Toad
                                      (Bufo nelsoni) as
                                      Threatened or Endangered.
----------------------------------------------------------------------------------------------------------------

    Our expeditious progress also included work on listing actions that 
we funded in FY 2009 but have not yet been completed to date. These 
actions are listed below. Actions in the top section of the table are 
being conducted under a deadline set by a court. Actions in the middle 
section of the table are being conducted to meet statutory timelines, 
that is, timelines required under the Act. Actions in the bottom 
section of the table are high-priority listing actions. These actions 
include work primarily on species with an LPN of 2, and selection of 
these species is partially based on available staff resources, and when 
appropriate, include species with a lower priority if they overlap 
geographically or have the same threats as the species with the high 
priority. Including these species together in the same proposed rule 
results in considerable savings in time and funding as compared to 
preparing separate proposed rules for each of them in the future.

         Actions funded in FY 2009 but not completed in FY 2009
------------------------------------------------------------------------
                       Species                               Action
------------------------------------------------------------------------
           Actions Subject to Court Order/Settlement Agreement
------------------------------------------------------------------------
Slickspot peppergrass                                  Final listing
                                                        determination
------------------------------------------------------------------------
Coastal cutthroat trout                                Final listing
                                                        determination
------------------------------------------------------------------------
Mono basin sage-grouse                                 12-month petition
                                                        finding
------------------------------------------------------------------------
Greater sage-grouse                                    12-month petition
                                                        finding
------------------------------------------------------------------------
SW bald eagle population                               12-month petition
                                                        finding
------------------------------------------------------------------------
Black-tailed prairie dog                               12-month petition
                                                        finding
------------------------------------------------------------------------
Lynx (include New Mexico in listing)                   12-month petition
                                                        finding
------------------------------------------------------------------------
White-tailed prairie dog                               12-month petition
                                                        finding
------------------------------------------------------------------------
American pika                                          12-month petition
                                                        finding
------------------------------------------------------------------------
Hermes copper butterfly                                90-day petition
                                                        finding
------------------------------------------------------------------------
Thorne's hairstreak butterfly                          90-day petition
                                                        finding
------------------------------------------------------------------------
                    Actions with Statutory Deadlines
------------------------------------------------------------------------

[[Page 57818]]

 
48 Kauai species                                       Final listing
                                                        determination
------------------------------------------------------------------------
Black-footed albatross                                 12-month petition
                                                        finding
------------------------------------------------------------------------
Mount Charleston blue butterfly                        12-month petition
                                                        finding
------------------------------------------------------------------------
Mojave fringe-toed lizard\1\                           12-month petition
                                                        finding
------------------------------------------------------------------------
Pygmy rabbit (rangewide)\1\                            12-month petition
                                                        finding
------------------------------------------------------------------------
Kokanee - Lake Sammamish population\1\                 12-month petition
                                                        finding
------------------------------------------------------------------------
Delta smelt (uplisting)                                12-month petition
                                                        finding
------------------------------------------------------------------------
Cactus ferruginous pygmy-owl\1\                        12-month petition
                                                        finding
------------------------------------------------------------------------
Tucson shovel-nosed snake\1\                           12-month petition
                                                        finding
------------------------------------------------------------------------
Northern leopard frog                                  12-month petition
                                                        finding
------------------------------------------------------------------------
Tehachapi slender salamander                           12-month petition
                                                        finding
------------------------------------------------------------------------
Coqui Llanero                                          12-month petition
                                                        finding
------------------------------------------------------------------------
Susan's purse-making caddisfly                         12-month petition
                                                        finding
------------------------------------------------------------------------
White-sided jackrabbit                                 12-month petition
                                                        finding
------------------------------------------------------------------------
Jemez Mountains salamander                             12-month petition
                                                        finding
------------------------------------------------------------------------
29 of 206 species                                      12-month petition
                                                        finding
------------------------------------------------------------------------
Desert tortoise - Sonoran population                   12-month petition
                                                        finding
------------------------------------------------------------------------
Gopher tortoise - eastern population                   12-month petition
                                                        finding
------------------------------------------------------------------------
Wrights marsh thistle                                  12-month petition
                                                        finding
------------------------------------------------------------------------
Southeastern pop snowy plover & wintering pop. of      90-day petition
 piping plover                                          finding
------------------------------------------------------------------------
Berry Cave salamander\1\                               90-day petition
                                                        finding
------------------------------------------------------------------------
Ozark chinquapin\1\                                    90-day petition
                                                        finding
------------------------------------------------------------------------
Smooth-billed ani                                      90-day petition
                                                        finding
------------------------------------------------------------------------
Bay Springs salamander\1\                              90-day petition
                                                        finding
------------------------------------------------------------------------
Mojave ground squirrel\1\                              90-day petition
                                                        finding
------------------------------------------------------------------------
32 species of snails and slugs                         90-day petition
                                                        finding
------------------------------------------------------------------------
Calopogon oklahomensis                                 90-day petition
                                                        finding
------------------------------------------------------------------------
Striped newt                                           90-day petition
                                                        finding
------------------------------------------------------------------------
American dipper - Black Hills population               90-day petition
                                                        finding
------------------------------------------------------------------------
Sprague's pipit                                        90-day petition
                                                        finding
------------------------------------------------------------------------
Southern hickorynut                                    90-day petition
                                                        finding
------------------------------------------------------------------------
5 Southwest mussel species                             90-day petition
                                                        finding
------------------------------------------------------------------------
Chihuahua scarfpea                                     90-day petition
                                                        finding
------------------------------------------------------------------------
White-bark pine                                        90-day petition
                                                        finding
------------------------------------------------------------------------
Puerto Rico harlequin                                  90-day petition
                                                        finding
------------------------------------------------------------------------
Fisher - Northern Rocky Mtns. population               90-day petition
                                                        finding
------------------------------------------------------------------------
42 snail species (Nevada & Utah)                       90-day petition
                                                        finding
------------------------------------------------------------------------

[[Page 57819]]

 
HI yellow-faced bees                                   90-day petition
                                                        finding
------------------------------------------------------------------------
475 Southwestern species (partially completed)         90-day petition
                                                        finding
------------------------------------------------------------------------
                    High Priority Listing Actions \3\
------------------------------------------------------------------------
19 Oahu candidate species (16 plants, 3 damselflies)   Proposed listing
 (15 with LPN = 2, 3 with LPN = 3, 1 with LPN = 9)
------------------------------------------------------------------------
17 Maui-Nui candidate species (14 plants, 3 tree       Proposed listing
 snails) (12 with LPN = 2, 2 with LPN = 3, 3 with LPN
 = 8)
------------------------------------------------------------------------
Sand dune lizard (LPN = 2)                             Proposed listing
------------------------------------------------------------------------
2 Arizona springsnails (Pyrgulopsis bernadina (LPN =   Proposed listing
 2), Pyrgulopsis trivialis (LPN = 2))
------------------------------------------------------------------------
2 New Mexico springsnails (Pyrgulopsis chupaderae      Proposed listing
 (LPN = 2), Pyrgulopsis thermalis (LPN = 11))
------------------------------------------------------------------------
2 mussels (rayed bean (LPN = 2), snuffbox No LPN)      Proposed listing
------------------------------------------------------------------------
2 mussels (sheepnose (LPN = 2), spectaclecase (LPN =   Proposed listing
 4),)
------------------------------------------------------------------------
Ozark hellbender\2\ (LPN = 3)                          Proposed listing
------------------------------------------------------------------------
Altamaha spinymussel (LPN = 2)                         Proposed listing
------------------------------------------------------------------------
5 southeast fish (rush darter (LPN = 2), chucky        Proposed listing
 madtom (LPN = 2), yellowcheek darter (LPN = 2),
 Cumberland darter (LPN = 5), laurel dace (LPN = 5))
------------------------------------------------------------------------
8 southeast mussels (southern kidneyshell (LPN = 2),   Proposed listing
 round ebonyshell (LPN = 2), Alabama pearlshell (LPN
 = 2), southern sandshell (LPN = 5), fuzzy pigtoe
 (LPN = 5), Choctaw bean (LPN = 5), narrow pigtoe
 (LPN = 5), and tapered pigtoe (LPN = 11))
------------------------------------------------------------------------
3 Colorado plants (Pagosa skyrocket (Ipomopsis         Proposed listing
 polyantha) (LPN = 2), Parachute beardtongue
 (Penstemon debilis) (LPN = 2), Debeque phacelia
 (Phacelia submutica) (LPN = 8))
------------------------------------------------------------------------
\1\ Funds for listing actions for these species were provided in
  previous FYs.
\2\ We funded a proposed rule for this subspecies with an LPN of 3 ahead
  of other species with LPN of 2, because the threats to the species
  were so imminent and of a high magnitude that we considered emergency
  listing if we were unable to fund work on a proposed listing rule in
  FY 2008.
\3\ Funds for these high-priority listing actions were provided in FY
  2008 and 2009

    We also funded work on resubmitted petitions findings for 162 
candidate species (species petitioned prior to the last CNOR). We did 
not include new information in our resubmitted petition finding for the 
Columbia Basin population of the greater sage-grouse in this notice, as 
we are considering new information and will update our finding at a 
later date (see 73 FR 23170, April 29, 2008). We also did not include 
new information in our resubmitted petition findings for the 48 
candidate species for which we are preparing proposed listing 
determinations; see summaries below regarding publication of these 
determinations. We also funded revised 12-month petition findings for 
four candidate species that we are removing from candidate status, 
which are being published as part of this CNOR (see Candidate 
Removals). Because the majority of these species were already candidate 
species prior to our receipt of a petition to list them, we had already 
assessed their status using funds from our Candidate Conservation 
Program. We also continue to monitor the status of these species 
through our Candidate Conservation Program. The cost of updating the 
species assessment forms and publishing the joint publication of the 
CNOR and resubmitted petition findings is shared between the Listing 
Program and the Candidate Conservation Program.
    During FY 2009, we also funded work on resubmitted petition 
findings for uplisting six listed species, for which petitions were 
previously received.
    We have endeavored to make our listing actions as efficient and 
timely as possible, given the requirements of the relevant law and 
regulations, and constraints relating to workload and personnel. We are 
continually considering ways to streamline processes or achieve 
economies of scale, such as by batching related actions together. Given 
our limited budget for implementing section 4 of the Act, the actions 
described above collectively constitute expeditious progress.
    Although we have not been able to resolve the listing status of 
many of the candidates, several programs in the Service contribute to 
the conservation of these species. In particular, the Candidate 
Conservation program, which is separately budgeted, focuses on 
providing technical expertise for developing conservation strategies 
and agreements to guide voluntary on-the-ground conservation work for 
candidate and other at-risk species. The main goal of this program is 
to address the threats facing candidate species. Through this program, 
we work with our partners (other Federal agencies, State agencies, 
Tribes, local governments, private landowners, and private conservation 
organizations) to address the threats to candidate species and other 
species at-risk. We are currently working with our partners to 
implement voluntary conservation agreements for more than 140 species 
covering 5 million acres of habitat. In some instances, the sustained 
implementation of strategically designed conservation efforts 
culminates in making listing unnecessary for species that are proposed 
or candidates for listing.

[[Page 57820]]

Findings for Petitioned Candidate Species

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

Mammals

    Pacific Sheath-tailed Bat, American Samoa DPS (Emballonura 
semicaudata semicaudata) - The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. This small bat is a member of 
the Emballonuridae, an Old World bat family that has an extensive 
distribution, primarily in the tropics. The Pacific sheath-tailed bat 
was once common and widespread in Polynesia and Micronesia and it is 
the only insectivorous bat recorded from a large part of this area. The 
species as a whole (E. semicaudata) occurred on several of the Caroline 
Islands (Palau, Chuuk, and Pohnpei), Samoa (Independent and American), 
the Mariana Islands (Guam and the CNMI), Tonga, Fiji, and Vanuatu. 
While populations appear to be healthy in some locations, mainly in the 
Caroline Islands, they have declined substantially in other areas, 
including Independent and American Samoa, the Mariana Islands, Fiji, 
and possibly Tonga. Scientists recognize four subspecies: E. s. 
rotensis, endemic to the Mariana Islands (Guam and the Commonwealth of 
the Northern Mariana Islands (CNMI)); E. s. sulcata, occurring in Chuuk 
and Pohnpei; E. s. palauensis, found in Palau; and E. s. semicaudata, 
occurring in American and Independent Samoa, Tonga, Fiji, and Vanuatu. 
This candidate assessment form addresses the distinct population 
segment (DPS) of E. s. semicaudata that occurs in American Samoa.
    E. s. semicaudata historically occurred in American and Independent 
Samoa, Tonga, Fiji, and Vanuatu. It is extant in Fiji and Tonga, but 
may be extirpated from Vanuatu and Independent Samoa. There is some 
concern that it is also extirpated from American Samoa, the location of 
this DPS, where surveys are currently ongoing to ascertain its status. 
The factors that led to the decline of this subspecies and the DPS are 
poorly understood; however, current threats to this subspecies and the 
DPS include habitat loss, predation by introduced species, and its 
small population size and distribution, which make the taxon extremely 
vulnerable to extinction due to typhoons and similar natural 
catastrophes. Thus, the threats are high in magnitude. The Pacific 
sheath-tailed bat may also by susceptible to disturbance to roosting 
caves. The LPN for E. s. semicaudata is 3 because the magnitude of the 
threats is high, the threats are ongoing, and therefore, imminent, and 
the taxon is a distinct population segment of a subspecies.
    Pacific Sheath-tailed Bat (Emballonura semicaudata rotensis), Guam 
and the Commonwealth of the Northern Mariana Islands - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
This small bat is a member of the Emballonuridae, an Old World bat 
family that has an extensive distribution, primarily in the tropics. 
The Pacific sheath-tailed bat was once common and widespread in 
Polynesia and Micronesia and it is the only insectivorous bat recorded 
from a large part of this area. E. s. rotensis is historically known 
from the Mariana Islands and formerly occurred on Guam and in the CNMI 
on Rota, Aguiguan, Tinian (known from prehistoric records only), 
Saipan, and possibly Anatahan and Maug. Currently, E. s. rotensis 
appears to be extirpated from all but one island in the Mariana 
archipelago. The single remaining population of this subspecies occurs 
on Aguiguan, CNMI.
    Threats to this subspecies have not changed over the past year. The 
primary threats to the subspecies are ongoing habitat loss and 
degradation as a result of feral goat (Capra hircus) activity on the 
island of Aguiguan and the taxon's small population size and limited 
distribution. Predation by nonnative species and human disturbance are 
also potential threats to the subspecies. The subspecies is believed 
near the point where stochastic events, such as typhoons, are 
increasingly likely to affect its continued survival. The disappearance 
of the remaining population on Aguiguan would result in the extinction 
of the subspecies. Thus, the threats are high in magnitude. The LPN for 
E. s. rotensis remains at 3 because the magnitude of the threats is 
high, the threats are ongoing, and therefore, imminent, and the taxon 
is a subspecies.
    New England cottontail (Sylvilagus transitionalis) - The following 
summary is based on information contained in our files and information 
received in response to our notice published on June 30, 2004, when we 
announced our 90-day petition finding and initiation of a status review 
(69 FR 39395). We received the petition on August 30, 2000. The New 
England cottontail (NEC) is a medium-to large-sized cottontail rabbit 
that may reach 1,000 grams in weight, and is one of two species within 
the genus Sylvilagus occurring in New England. New England cottontails 
are considered habitat specialists, in so far as they are dependent 
upon early-successional habitats typically described as thickets. The 
species is the only endemic cottontail in New England. Historically, 
the NEC occurred in seven states and ranged from southeastern New York 
(east of the Hudson River) north through the Champlain Valley, southern 
Vermont, the southern half of New Hampshire, southern Maine and south 
throughout Massachusetts, Connecticut and Rhode Island. The current 
range of the NEC has declined substantially and occurrences have become 
increasingly separated. The species' distribution is fragmented into 
five apparently isolated metapopulations. The area occupied by the 
cottontail has contracted from approximately 90,000 sq km to 12,180 sq 
km. Recent surveys indicate that the long term decline in NEC 
continues. For example, surveys for the species in early 2008 
documented the presence of NEC in 7 of the 23 New Hampshire locations 
that were known to be occupied in 2002 and 2003. Similarly, surveys in 
Maine found the species present in 12 of 57 sites identified in an 
extensive survey that spanned the years 2000 to 2004. Unlike the New 
Hampshire study, several new sites were documented in Maine during 
2008. Some have suggested that the decline in NEC occurrences in 2008 
may be attributed to persistent snow cover throughout northern New 
England during the winter of 2007-2008. Similar surveys were conducted 
during the winter of 2009 in Maine, New Hampshire, Rhode Island and New 
York. The results are pending further analysis. We estimate that less 
than one third of the occupied sites occur on conservation lands 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

[[Page 57821]]

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 to protect habitat; and mortality from predation. The 
magnitude of the threats continues to be high, because they occur 
rangewide, and result in mortality or significantly reduce the 
reproductive capacity of the species. They are imminent because they 
are ongoing. Thus, we retained an LPN of 2 for this species. 
Conservation measures that address the threats to the species are being 
developed.
    Fisher, West Coast DPS (Martes pennanti) - The following summary is 
based on information contained in our files and in the Service's 
initial warranted-but-precluded finding published in the Federal 
Register on April 8, 2004 (68 FR 18770). The fisher is a carnivore in 
the family Mustelidae and is the largest member of the genus Martes. 
Historically, the West Coast population of the fisher extended south 
from British Columbia into western Washington and Oregon, and in the 
North Coast Ranges, Klamath-Siskiyou Mountains, and Sierra Nevada in 
California. Because of a lack of detections with standardized survey 
efforts over much of the fisher's historical range, the fisher is 
believed to be extirpated or reduced to scattered individuals from the 
lower mainland of British Columbia through Washington and northern 
Oregon and in the central and northern Sierra Nevada 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. In January of 2008, the Washington Department of Fish and 
Wildlife began to implement their fisher recovery goals for the state 
through a reintroduction effort in the Olympic National Park. Estimates 
of fisher numbers in native populations of the West Coast DPS vary 
widely. A rigorous monitoring program is lacking for the northern 
California/southern Oregon population making estimates of fisher 
numbers for this relatively large population difficult. The monitoring 
program of the southern Sierra Nevada population has provided 
preliminary estimates. No estimates are available for the introduced 
population in the southern Cascade Range in Oregon. 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 in portions of the range include: uncharacteristically severe 
wildfire, changes in forest composition and structure related to the 
effects of climate change, 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 but 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, 
and since they significantly affect this species' reproductive 
capacity. However, the threats are nonimminent as the greatest long-
term risks to the fisher in its west coast range are the subsequent 
ramifications of the isolation of small populations and their 
interactions with the listed threats which will affect the species over 
the long-term. 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.
    New Mexico meadow jumping mouse (Zapus hudsonius luteus) - The 
following summary is based on information contained in our files and 
the petition we received October 15, 2008. The New Mexico meadow 
jumping mouse (jumping mouse) is endemic to New Mexico, Arizona, and a 
small area of southern Colorado. The jumping mouse nests in dry soils 
but uses moist, streamside, dense riparian/wetland vegetation. Recent 
genetic studies confirm that the jumping mouse is a distinct subspecies 
from other Z. hudsonius subspecies, confirming the currently accepted 
subspecies designation.
    The threats that have been identified are excessive grazing 
pressure, water use and management, highway reconstruction, 
development, recreation, and beaver removal. 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 103 known historical localities, 95 
have been surveyed since the early to mid-1990s. Of the historical 
localities surveyed, currently only 16 are extant, 9 in New Mexico 
(including 1 that is contiguous with the Colorado locality) and 7 in 
Arizona. Moreover, the highly fragmented nature of its distribution is 
also a major contributor to the vulnerability of this species and 
increases the likelihood of very small, isolated populations being 
extirpated. The insufficient number of secure populations, and the 
destruction, modification, or curtailment of its habitat, continue to 
pose the most immediate threats to this species. Because the threats 
affect the jumping mouse in all but two of the extant localities, and 
the populations in these localities are small, the threats are of a 
high magnitude. These threats are currently occurring and, therefore, 
are imminent. Thus, we continue to assign an LPN of 3 to this 
subspecies.
    Mazama pocket gopher (Thomomys mazama ssp. couchi, douglasii, 
glacialis, louiei, melanops, pugetensis, tacomensis, tumuli, yelmensis) 
- The following summary is based on information contained in our files. 
No new information was provided in the petition received December 11, 
2002. Seven of the nine subspecies of pocket gopher are associated with 
glacial outwash prairies in western Washington, an ecosystem of 
conservation concern (T. m. melanops is found on alpine meadows in 
Olympic National Park, and T. m. douglasii is found in prairies in 
extreme southwest Washington). Of these seven subspecies, five are 
likely still extant (couchi, glacialis, pugetensis, tumuli, and 
yelmensis). Few of these glacial outwash prairies remain in Washington 
today. Historically, such prairies were patchily distributed, but the 
area they occupied totaled approximately 170,000 acres. Now, 
residential and commercial development and ingrowth of woody and/or 
nonnative vegetation have reduced their numbers. In addition, 
development in or adjacent to these prairies has likely increased 
predation on Mazama pocket gophers by dogs and cats.
    The magnitude of threat is high due to populations with patchy and 
isolated

[[Page 57822]]

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. Two of the subspecies (Cathlamet and 
Tacoma) are likely extinct. The status of T. m. douglasii is unknown, 
but its habitat is threatened by encroaching development. Two gravel 
pits are operating on part of the remaining Roy Prairie pocket gopher 
habitat. The largest populations of two other subspecies (Shelton and 
Olympia) are located on airports with planned development. Yelm pocket 
gophers are also threatened by proposed development. Due to its low 
genetic diversity, isolation, and potential for natural habitat 
alterations in the future, T. m. melanops (Olympic pocket gopher) is 
susceptible to stochastic events and small population effects such as 
genetic drift and founder effects. Thus, we assign an LPN of 3 to these 
subspecies.
    Gunnison's prairie dog (Cynomys gunnisoni) - This species occurs in 
Arizona, Colorado, New Mexico, and Utah. However, it is threatened or 
endangered only in the significant portion of the range in the montane 
portions of central and south central Colorado and north central New 
Mexico, and we anticipate that if and when it is listed, only that 
significant portion of its range will be specified as threatened or 
endangered. Within this portion of the range, plague has significantly 
reduced the number and size of populations. Populations within montane 
habitat have distinct disadvantages in resisting the effects of plague 
due to a higher abundance of fleas that spread plague, smaller 
populations that cannot recover in numbers from plague epizootics, and 
isolated populations that limit the ability to recolonize. Poisoning 
and shooting continue to be threats to the Gunnison's prairie dog 
within the montane portion of its range and contribute to the decline 
of the species when combined with the effects of disease. Agriculture, 
urbanization, roads, and oil and gas development each currently affect 
a small percentage of Gunnison's prairie dog habitat. Plague is 
significantly affecting the remaining small, isolated populations, and 
plague epizootics can extirpate populations there within a short 
timeframe (3 to 10 years). We have assigned an LPN of 3 to this species 
due to imminent threats of a high magnitude in a significant portion of 
its range.
    Palm Springs round-tailed ground squirrel (Spermophilus 
tereticaudus chlorus) -The following summary is based on information 
contained in our files. No new information was provided in the petition 
we received on May 11, 2004. The Palm Springs round-tailed ground 
squirrel is one of four recognized subspecies of round-tailed ground 
squirrels. This squirrel was believed to be limited in range to the 
Coachella Valley region of Riverside County, California; however, 
results of both a morphological study and a genetic study indicate that 
its range may be substantially larger. Upon receipt of a finalized 
report detailing the methods and results of the genetic study, the 
Service will make a determination as to whether listing of S. t. 
chlorus is still warranted. 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 Palm Springs round-tailed ground 
squirrel. Urban development and drops in the groundwater table have 
eliminated approximately 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 an LPN of 3 because 
the threats are ongoing and are of a high magnitude as they affect a 
large portion of its range and significantly affect this subspecies' 
survival.
    Southern Idaho ground squirrel (Spermophilus brunneus endemicus) - 
The following summary is based on information contained in our files. 
No new information was provided in the petition we received on May 11, 
2004. The southern Idaho ground squirrel is endemic to four counties in 
southwest Idaho; its total known range is approximately 425,630 
hectares (1,051,752 acres). Threats to southern Idaho ground squirrels 
include: habitat degradation and fragmentation; direct killing from 
shooting, trapping, or poisoning; predation; competition with Columbian 
ground squirrels; and inadequacy of existing regulatory mechanisms. 
Habitat degradation and fragmentation appear to be the primary threats 
to the species. Nonnative annuals now dominate much of this species' 
range, have changed the species composition of vegetation used as 
forage for the southern Idaho ground squirrel, and have altered the 
fire regime by accelerating the frequency of wildfire. Habitat 
deterioration, destruction, and fragmentation contribute to the current 
patchy distribution of southern Idaho ground squirrels. Based on recent 
genetic work, southern Idaho ground squirrels are subject to more 
genetic drift and inbreeding than expected.
    Two Candidate Conservation Agreements with Assurances (CCAAs) have 
been completed for this species in recent years. Both CCAAs include 
conservation measures that provide additional protection to southern 
Idaho ground squirrels from recreational shooting and other direct 
killing on enrolled lands, and also allow the State of Idaho, the 
Service and BLM to investigate ways of restoring currently degraded 
habitat. At this time, the acreage enrolled through these two CCAAs is 
approximately 38,756 hectares (95,767 acres), or 9 percent of the known 
range. While the ongoing conservation efforts have helped to reduce the 
magnitude of threats to moderate, habitat degradation remains the 
primary threat to the species throughout most of its range. This threat 
is imminent due to the ongoing and increasing prevalence and dominance 
of nonnative vegetation, and the current patchy distribution of the 
species. Thus, we assign an LPN of 9 to this subspecies.
    Washington ground squirrel (Spermophilus washingtoni) - The 
following summary is based on information contained in our files and in 
the petition we received on March 2, 2000. The Washington ground 
squirrel is endemic to the Deschutes-Columbia Plateau sagebrush-steppe 
and grassland communities in eastern Oregon and south-central 
Washington. Although widely abundant historically, recent surveys 
suggest that its current range has contracted toward the center of its 
historical range. Approximately two-thirds of the Washington ground

[[Page 57823]]

squirrel's total historical range has been converted to agricultural 
and residential uses. The most contiguous, least-disturbed expanse of 
suitable habitat within the species' range occurs on the privately 
owned Threemile Canyon Farms and on the Naval Weapons Systems Training 
Facility near Boardman, Oregon. In Washington, the largest expanse of 
known suitable habitat occurs on State and Federal lands.
    Agricultural, residential, and wind power development, among other 
forms of development, continue to eliminate Washington ground squirrel 
habitat in portions of the species' range. Throughout much of their 
range, Washington ground squirrels are threatened by the establishment 
and spread of invasive plant species, particularly cheatgrass, which 
alter available cover, food quantity and quality, and increases fire 
intervals. Additional threats include habitat fragmentation, 
recreational shooting, genetic isolation and drift, and predation. 
Potential threats include disease, drought, and possible competition 
with related species in disturbed habitat at the periphery of their 
range. In Oregon, some threats are being addressed as a result of the 
State listing of this species, and by implementation of the Threemile 
Canyon Farms Multi-Species Candidate Conservation Agreement with 
Assurances (CCAA). In Washington, there are currently no formal 
agreements with private landowners or with State or Federal agencies to 
protect the Washington ground squirrel. Additionally, no State or 
Federal management plans have been developed that specifically address 
the needs of the species or its habitat. Since current and potential 
threats are widespread and, in some cases, severe, we conclude the 
magnitude of threats remains high. The Washington ground squirrel has 
both imminent and nonimminent threats. At a rangewide scale, we 
conclude the threats are nonimminent based largely on the following: 
The CCAA addressed the imminent loss of a large portion of habitat to 
agriculture, there are no other large-scale efforts to convert suitable 
habitat to agriculture, and wind power project impacts can be minimized 
through compliance with the Oregon State Endangered Species Act (OESA) 
or the Columbia Basin Ecoregion wind energy siting and permitting 
guidelines. The potential development of shooting ranges on the Naval 
Weapons Systems Training Facility is nonimminent because the proposed 
action is still being developed, making us unable to assess its timing 
and impact, which could be minimized through compliance with the OESA. 
We, therefore, have retained an LPN of 5 for this species.

Birds

    Spotless crake, American Samoa DPS (Porzana tabuensis) - The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. Porzana tabuensis is a small, dark, cryptic rail found in 
wetlands and rank scrub or forest in the Philippines, Australia, Fiji, 
Tonga, Society Islands, Marquesas, Independent Samoa, and American 
Samoa (Ofu, Tau). The genus Porzana is widespread in the Pacific, where 
it is represented by numerous island-endemic and flightless species 
(many of which are extinct as a result of anthropogenic disturbances) 
as well as several more cosmopolitan species, including P. tabuensis. 
No subspecies of P. tabuensis are recognized. The American Samoa 
population is the only population of spotless crakes under U.S. 
jurisdiction. The available information indicates that distinct 
populations of the spotless crake, a species not noted for long-
distance dispersal, are definable. The population of spotless crakes in 
American Samoa is discrete in relation to the remainder of the species 
as a whole, which is distributed in widely separated locations. 
Although the spotless crake (and other rails) have dispersed widely in 
the Pacific, island rails have tended to reduce or lose their power of 
flight over evolutionary time and so become isolated (and vulnerable to 
terrestrial predators such as rats). The population of this species in 
American Samoa is therefore distinct based on geographic and 
distributional isolation from spotless crake populations on other 
islands in the oceanic Pacific, the Philippines, and Australia. The 
American Samoa population of the spotless crake links the Central and 
Eastern Pacific portions of the species' range. The loss of this 
population would result in an increase of roughly 500 miles (805 
kilometers) in the distance between the central and eastern Polynesian 
portions of the spotless crake's range, and could result in the 
isolation of the Marquesas and Society Islands populations by further 
limiting the potential for even rare genetic exchange. Based on the 
discreteness and significance of the American Samoa population of the 
spotless crake, we consider this population to be a distinct vertebrate 
population segment.
    Threats to this population have not changed over the past year. The 
population in American Samoa is threatened by small population size, 
limited distribution, predation by nonnative mammals, continued 
development of wetland habitat, and natural catastrophes such as 
hurricanes. The co-occurrence of a known predator of ground-nesting 
birds, the Norway rat (Rattus norvegicus), along with the extremely 
restricted observed distribution and low numbers, indicate that the 
magnitude of the threats to the American Samoa DPS of the spotless 
crake continues to be high, because the threats significantly affect 
the species survival. The threats are ongoing, and therefore imminent. 
Based on this assessment of existing information about the imminence 
and high magnitude of these threats, we assigned the spotless crake an 
LPN of 3.
    Yellow-billed cuckoo, western U.S. DPS (Coccyzus americanus) - The 
following summary is based on information contained in our files and 
the petition we received on February 9, 1998. See also our 12-month 
petition finding published on July 25, 2001 (66 FR 38611). The yellow-
billed cuckoo (Coccyzus americanus) 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 generally 
west of the crest of the Rocky Mountains.
    The threats to the yellow-billed cuckoo include habitat loss, 
overgrazing, 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 salt-cedar (Tamarisk sp.). Overuse by livestock 
has been a major factor in the degradation and modification of riparian 
habitats in the

[[Page 57824]]

western United States. The effects include changes in plant-community 
structure and species composition and in relative abundance of species 
and plant density. These changes are often linked to more widespread 
changes in watershed hydrology. Livestock grazing in riparian habitats 
typically results in reduction of plant-species diversity and density, 
especially of palatable broadleaf plants like willows and cottonwood 
saplings, and is one of the most common causes of riparian degradation. 
In addition to destruction and degradation of riparian habitats, 
pesticides may affect cuckoo populations. In areas where riparian 
habitat borders agricultural lands, e.g., in California's central 
valley, pesticide use may indirectly affect cuckoos by reducing prey 
numbers, or by poisoning nestlings if sprayed directly in areas where 
the birds are nesting. A group comprised of Federal, State, and non-
governmental agencies organized by the Service is in the process of 
completing a range wide conservation assessment and strategy for the 
Western yellow-billed cuckoo. The assessment is in early stages of 
development with work beginning on a conservation strategy sometime in 
2010. We retained an LPN of 3 for this population of yellow-billed 
cuckoo; the threats are ongoing and therefore imminent, and they are of 
a high magnitude, because ongoing habitat degradation significantly 
affects the survival and reproductive capacity of the DPS rangewide.
    Friendly ground-dove, American Samoa DPS (Gallicolumba stairi) - 
The following summary is based on information contained in our files. 
No new information was provided in the petition we received on May 11, 
2004. The genus Gallicolumba is distributed throughout the Pacific and 
Southeast Asia. The genus is represented in the oceanic Pacific by six 
species: Three are endemic to Micronesian islands or archipelagos, two 
are endemic to island groups in French Polynesia, and G. stairi is 
endemic to Samoa, Tonga, and Fiji. Some authors recognize two 
subspecies of the friendly ground-dove, one, slightly smaller, in the 
Samoan archipelago (G. s. stairi), and one in Tonga and Fiji (G. s. 
vitiensis), but because morphological differences between the two are 
minimal, we are not recognizing separate subspecies at this time.
    In American Samoa, the friendly ground-dove has been found on the 
islands of Ofu and Olosega (Manua Group). Threats to this subspecies 
have not changed over the past year. Predation by nonnative species and 
natural catastrophes such as hurricanes are the primary threats to the 
subspecies. Of these, predation by nonnative species is thought to be 
occurring now and likely has been occurring for several decades. This 
predation may be an important impediment to increasing the population. 
Predation by introduced species has played a significant role in 
reducing, limiting, and extirpating populations of island birds, 
especially ground-nesters, 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 and no change in the the relative abundance of this taxon 
in American Samoa. The total population size is poorly known, but is 
unlikely to number more than a few hundred pairs. The distribution of 
the friendly ground-dove is limited to steep, forested slopes with an 
open understory and a substrate of fine scree or exposed earth; this 
habitat is not common in American Samoa. The threats are ongoing and, 
therefore imminent and the magnitude is moderate because the relative 
abundance has remained the same for several years. Thus, we assign this 
subspecies an LPN of 9.
    Streaked horned lark (Eremophila alpestris strigata) - The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on December 
11, 2002. The streaked horned lark occurs in Washington and Oregon, and 
is thought to be extirpated from British Columbia, Canada. The streaked 
horned lark nests on bare ground in sparsely vegetated sites in short-
grass dominated habitats, such as native prairies, coastal dunes, 
fallow agricultural fields, seasonal wetlands, moderately to heavily 
grazed pastures, seasonal mudflats, airports, and dredge deposition 
sites in and along the tidal reach of the Columbia River. In 
Washington, surveys show that there are approximately 330 remaining 
breeding birds. In Oregon, the breeding population is estimated to more 
than 500 birds.
    The streaked horned lark's breeding habitat continues to be 
threatened by loss and degradation due to conversion of native 
grasslands to other uses (such as agriculture, homes, recreational 
areas, and industry), encroachment of woody vegetation, and invasion of 
nonnative plant species (e.g., Scot's broom, sod-forming grasses, and 
beachgrasses). Native prairies have been nearly eliminated throughout 
the range of the species. It is estimated that less than 1 to 3 percent 
of the native grassland and savanna remains. And those areas that 
remain have been invaded by nonnative sod-forming grasses. Coastal 
nesting areas have suffered the same fate. A recent purchase of prairie 
lands in Washington has secured habitat that would have been developed. 
Its status as suitable lark nesting habitat is unknown.
    Wintering habitats are seemingly few, and are susceptible to 
unpredictable conversion to unsuitable overwintering habitat, plant 
succession, and invasion by nonnative plants. Where larks inhabit 
manmade habitats similar in structure to native prairies (such as 
airports, military reservations, agricultural fields, and dredge-formed 
islands), or where they occur adjacent to human habitation, they are 
subjected to a variety of unintentional human disturbances such as 
mowing, recreational and military activities, plowing, flooding, and 
dredge material deposition during the nesting season, as well as 
intentional disturbances such as at the McChord Air Forece Base (AFB) 
where falcons and dogs are used to haze birds in order to avoid 
aircraft collisions. In some areas, however, landowners have taken 
steps to improve habitat for streaked horned lark nesting.
    The magnitude of threat is high due to small populations with low 
genetic diversity, rapidly declining populations, and patchy and 
isolated habitats in areas desirable for development, many of which 
remain unsecured. The threat of invasive plant species is high and 
constant, aside from a few restoration sites. The numbers of 
individuals are low and the numbers of populations are few. 
Overwintering birds are concentrated in larger flocks and subject to 
unpredictable wintering habitat loss (especially in Oregon), 
potentially affecting a large portion of the population at one time. In 
Washington, known populations occur on airports, military bases, 
coastal beaches, and Columbia River islands, where management, training 
activities, recreation, and dredge material deposition continue to 
negatively

[[Page 57825]]

impact streaked horned lark breeding and wintering (although current 
work being conducted by The Nature Conservancy may lessen this last 
threat). In Oregon, breeding and wintering sites occur on Columbia 
River islands, in cultivated grass fields, grazed pastures, fallow 
fields, roadside shoulders, Christmas tree farms, seasonal wetlands, 
restored wet prairie, and wetland mudflats. Such areas continue to be 
subject to negative impacts such as dredge material deposition, 
development, plowing, mowing, pesticide and herbicide applications, 
trampling, vehicle traffic, and recreation.
    Threats are imminent, as a result of continued loss of suitable 
lark habitat, high nest-predation rates, and low adult survival. Loss 
of habitat is a result of plans for development on and adjacent to 
several of its nesting areas, including planned and/or continued 
expansions of the Fort Lewis Gray Army Airfield West Ramp and the 
Olympia Airport. Wintering populations are at risk in Oregon due to the 
manner in which larks gather in large flocks that are vulnerable to 
stochastic events, and also due to the fact that their wintering 
habitat occurs on privately owned agricultural lands that are subject 
to unpredictable conversion. Other ongoing threats include the use of 
falcons and dogs to haze breeding birds at McChord AFB, the annual Air 
Force military training Rodeo event on McChord AFB which included 
firebombing on top of lark nesting habitat, and the Air Expo on McChord 
AFB. These two events usually occur in alternate years. Based on 
imminent threats of a high magnitude, we continue to assign an LPN of 3 
to this subspecies.
    Red knot (Calidris canutus rufa) - The following summary is based 
on information contained in our files and information provided by 
petitioners. Four petitions to emergency list the red knot have been 
received: one on August 9, 2004, two others on August 5, 2005, and the 
most recent on February 27, 2008. The rufa subspecies is one of six 
recognized subspecies of red knot and one of three subspecies occurring 
in North America. This subspecies makes one of the longest distance 
migrations known in the animal kingdom, as it travels between breeding 
areas in the central Canadian Arctic and wintering areas that are 
primarily in southern South America along the coast of Chile and 
Argentina. They migrate along the Atlantic coast of the United States, 
where they may be found from Maine to Florida.
    The Delaware Bay area (in Delaware and New Jersey) is the largest 
known spring migration stopover area, with far fewer migrants 
congregating elsewhere along the Atlantic coast. The concentration in 
the Delaware Bay area occurs from the middle of May to early June, 
corresponding to the spawning season of horseshoe crabs. The knots feed 
on horseshoe crab eggs, rebuilding energy reserves needed to complete 
migrations to the Arctic and arrive on the breeding grounds in good 
condition. In the past, horseshoe crab eggs at Delaware Bay were so 
numerous that a knot could eat enough in two to three weeks to double 
its weight.
    Surveys at wintering areas and at Delaware Bay during spring 
migration indicate a substantial decline in the red knot in recent 
years. At the Delaware Bay area, peak counts between 1982 and 1998 were 
as high as 95,360 individuals. Counts may vary considerably between 
years. Some of the fluctuations can be attributed to predator-prey 
cycles in the breeding grounds, and counts show that knots rebound from 
such reductions. Research shows that since 1998, a high proportion of 
red knots leaving the Delaware Bay failed to achieve threshold 
departure masses needed to fly to breeding grounds and survive an 
initial few days of snow cover, and this corresponded to reduced annual 
survival rates and reduced reproductive success. 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; 13,455 
in 2006; 12,375 in 2007; and 15,395 in 2008. Counts in recent years at 
the principal wintering areas in South America also are substantially 
lower than in the past.
    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 
1990s. 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 by the States of New Jersey 
and Delaware. In May 2006, the ASMFC adopted restrictions effective 
from October 1, 2006, through 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. In September 2008, 
the ASMFC Horseshoe Crab Management Board approved an addendum 
extending harvest restrictions through October 31, 2009. New Jersey 
established regulations in 2006 which superseded ASMFC restrictions; 
resulting in a moratorium on all horseshoe crab harvest in New Jersey 
from May 15, 2006, through June 7, 2008. In March 2008, New Jersey 
passed legislation imposing an open-ended moratorium on horseshoe crab 
harvest or landing within the State until such time as the red knot has 
fully recovered. In February 2007, Delaware imposed a 2-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. In April 2009, the Maryland 
Department of Natural Resources implemented a 2:1 male to female 
horseshoe crab harvest ratio within Maryland waters.
    The reductions in commercial harvest since 1999 are substantial: In 
1999 in Delaware and New Jersey, 726,660 horseshoe crab landings for 
bait were reported, compared to 173,177 in 2004 and a preliminary 2007 
report of 76,663 crabs landed for bait in Delaware and no horseshoe 
crabs landed in New Jersey as a result of the State-imposed harvest 
moratorium. However, scientists do not know whether horseshoe crab 
populations will rebuild or how long a lag time there may be in 
increased availability of eggs, as the species needs 8-10 years to 
reach sexual maturity, and other key information for estimating 
population response is lacking. Surveys in Delaware Bay of horseshoe 
crab spawning activity following implementation of additional harvest 
restrictions show that female horseshoe crab spawning activity in 
Delaware Bay has been stable for the overall period of 1999 through 
2007 and male horseshoe crab spawning increased during that period. 
Spawning was likely suppressed in 2008 by low water temperatures 
resulting from a coastal storm. Preliminary information for 2009 
indicates that a high proportion of red knots at the Delaware Bay 
stopover attained threshold weight gains and birds left the Delaware 
Bay stopover in good condition. This weight gain indicates that red 
knots found sufficient horseshoe crab eggs or alternate forage

[[Page 57826]]

resources during the 2009 stopover. However, it remains to be seen if 
this will be a long-term trend.
    The numbers of red knots at key wintering areas in South America 
remained relatively steady from 2005 through 2007, inspiring some 
optimism that the declining trend may have ceased or slowed. In 2008, 
counts of red knots within principal wintering areas showed an all-time 
low of only 14,800 red knots, but then increased to 17,780 in 2009, 
similar to numbers found during 2005-2007. Presence of an increased 
number of juveniles and an overall increase in red knots in principal 
wintering areas likely indicates a good breeding season in the Arctic 
in summer 2008. However, the long-term trend of counts of red knots 
within the principal wintering areas in Chile and Argentina shows a 
decline of nearly 75 percent from 1985 to 2009.
    Other identified threat factors include habitat destruction due to 
beach erosion and various shoreline protection and stabilization 
projects that are affecting areas used by migrating knots for foraging, 
the inadequacy of existing regulatory mechanisms, human disturbance, 
and competition with other species for limited food resources. Also, 
the concentration of red knots in the Delaware Bay areas and at a 
relatively small number of wintering areas makes the species vulnerable 
to potential large-scale events such as oil spills or severe weather. 
Overall, we conclude that the threats, in particular the modification 
of habitat through harvesting of horseshoe crabs, are severe enough to 
put the viability of the knot at substantial risk and is therefore of a 
high magnitude. The threats are currently occurring, and therefore 
imminent because of continuing suppressed horseshoe-crab-egg forage 
conditions for red knot within the Delaware Bay stopover. Based on 
imminent threats of a high magnitude, we retain an LPN of 3 for this 
species.
    Yellow-billed loon (Gavia adamsii) - The following summary is based 
on information contained in our files and the petition we received on 
April 5, 2004. The yellow-billed loon is a migratory bird with solitary 
pairs breeding on lakes in the arctic tundra of the United States, 
Russia, and Canada from June to September. During the remainder of the 
year, the species winters in more southern coastal waters of the 
Pacific Ocean and the Norway and North Seas. During most of the year, 
individual yellow-billed loons are so widely dispersed that high adult 
mortality from any single factor is unlikely. However, during 
migration, yellow-billed loons are more concentrated and are subject to 
subsistence harvest that at current levels appears to be unsustainable, 
based on the best available information; the population could decline 
substantially if such harvest continues. Future subsistence harvests in 
Alaska, by themselves, constitute a threat to the species rangewide. 
This subsistence harvest is occurring despite the species being closed 
to hunting under the Migratory Bird Treaty Act. In addition, up to 
several hundred yellow-billed loons may be taken annually on Russian 
breeding grounds, and small numbers of yellow-billed loons are reported 
in harvests in other areas in Alaska outside of the subsistence harvet 
area and in Canada. Other risk factors evaluated, including oil and gas 
development (i.e., disturbance, changes in freshwater chemistry and 
pollutant loads, and changes in freshwater hydrology); pollution; 
overfishing; climate change; vessel traffic; commercial- and 
subsistence-fishery bycatch; and contaminants other than those 
associated with oil and gas, were not found to be threats to the 
species. Although these other risk factors may not rise to the level of 
a threat individually, when taken collectively with the effects of 
subsistence hunting in other areas, they may reduce the rangewide 
population even further. One or more of the threats discussed above is 
occurring throughout the range of the yellow-billed loon, either in its 
breeding or wintering grounds, or during migration; therefore, the 
threats are imminent. The magnitude of the primary threat to the 
species, subsistence harvest, is moderate. Although subsistence harvest 
is ongoing, the numbers taken have varied substantially between years. 
Thus, we assigned the yellow-billed loon an LPN of 8.
    Kittlitz's murrelet (Brachyramphus brevirostris) - The following 
summary is based on information contained in our files and the petition 
we received on May 9, 2001. Kittlitz's murrelet is a small diving 
seabird whose entire North American population, and 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 
19,578 birds. Kittlitz's murrelets in Alaska have declined at a rate of 
up to 18 percent per year from 1989 to 2000 and 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 where Kittlitz's murrelets are found, is associated with 
changing forage fish availability and may result in increased 
predation. Other ongoing threats include 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 in 1989. 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 
gillnets in numbers disproportionate to their density. Tour boat 
visitation to glacial fjords is a growing industry, and this activity 
may increasingly disrupt Kittlitz's murrelet feeding behavior; tour 
boats may also provide artificial perch sites for avian predators.
    Based on the observed population trajectory and the severity of 
ongoing threats (rapid glacial retreat, acute and chronic oil spills, 
commercial gillnet fishing, and human disturbance from tour boats), the 
threats to this species are high in magnitude and imminent. Therefore, 
we assigned an LPN of 2 to this species.
    Xantus's murrelet (Synthliboramphus hypoleucus) - The following 
summary is based on information contained in our files and the petition 
we received on April 16, 2002. The Xantus's murrelet is a small seabird 
in the Alcid family that occurs along the west coast of North America 
in the United States and Mexico. The species has a limited breeding 
distribution, nesting only on the Channel Islands in southern 
California and on islands off the west coast of Baja California, 
Mexico. Although data on population trends are scarce, the population 
is suspected to have declined greatly over the last century, mainly due 
to introduced predators such as rats (Rattus sp.) and feral cats (Felis 
catus) to nesting islands, with possible extirpations on three islands 
in Mexico. A dramatic decline (up to 70 percent) from 1977 to 1991 was 
detected at the largest nesting colony in southern California, possibly 
due to high levels of predation on eggs by the endemic deer mouse 
(Peromyscus

[[Page 57827]]

maniculatus elusus). Identified threats include introduced predators at 
nesting colonies, oil spills and oil pollution, reduced prey 
availability, human disturbance, and artificial light pollution.
    Although substantial declines in the Xantus's murrelet population 
likely occurred over the last century, some of the largest threats are 
being addressed, and, to some degree, ameliorated. Declines and 
possible extirpations at several nesting colonies were thought to have 
been caused by nonnative predators, which have been removed from many 
of the islands where they once occurred. Most notably, since 1994, 
Island Conservation and Ecology Group has systematically removed rats, 
cats, and dogs from every murrelet nesting colony in Mexico, with the 
exception of cats and dogs on Guadalupe Island. In 2002, rats were 
eradicated from Anacapa Island in southern California, which has 
resulted in improvements in reproductive success at that island. In 
southern California, 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 lighting 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. 
While squid fishing has not occurred at a particularly noticeable level 
near any of the colonies in the Channel Islands since 1999, this 
remains a potential future threat.
    A proposal to build three liquid natural gas facilities near the 
Channel Islands could cause impacts to the nesting colonies. Although, 
none of these facilities would be directly adjacent to nesting colonies 
where their impacts would be expected to be more significant, these 
facilities would include bright lights at night and lights from 
visiting tanker vessels, noise from the facilities and from helicopters 
visiting the facilities, and potential oil spills associated with 
visiting tanker vessels. However, these facilities are early in complex 
and long-term planning processes, and it is possible that none of these 
facilities will be built.
    In summary, the remaining threats to the species are of high 
magnitude since they have the potential to result in mortality for a 
large portion of the species' range. However, the threats are 
nonimminent since they are not currently occurring at most of the 
murrelet nesting sites. Therefore, we retained an LPN of 5 for this 
species.
    Lesser prairie-chicken (Tympanuchus pallidicinctus) - The following 
summary is based on information contained in our files and the petition 
received on October 5, 1995. Additional information can be found in the 
12-month finding published on June 7, 1998 (63 FR 31400). Biologists 
estimate that the occupied range has declined by 92 percent since the 
1800s. The most serious threats to the lesser prairie-chicken are loss 
of habitat from conversion of native rangelands to introduced forages 
and cultivation, conversion of suitable restored habitat in the 
Conservation Reserve Program to cropland, cumulative habitat 
degradation caused by severe grazing, and energy development, including 
wind, oil, and gas development. Additional threats are woody plant 
invasion of open prairies due to fire suppression, herbicide use 
(including resumption of herbicide use in shinnery oak habitat), and 
habitat fragmentation caused by structural and transportation 
developments. Many of these threats may exacerbate the normal effects 
of periodic drought on lesser prairie-chicken populations. In many 
cases, the remaining suitable habitat has become fragmented by the 
spatial arrangement of these individual threats. Habitat fragmentation 
can be a threat to the species through several mechanisms: Remaining 
habitat patches may become smaller than necessary to meet the 
requirements of individuals and populations, necessary habitat 
heterogeneity may be lost to areas of homogeneous habitat structure, 
and the probability of recolonization decreases as the distance between 
suitable habitat patches expands. We have determined that the overall 
magnitude of threats to the lesser prairie-chicken throughout its range 
is high, and that the threats are ongoing, and thus imminent. 
Consequently, we have assigned an LPN of 2 to this species.
    Greater sage-grouse (Centrocercus urophasianus), Columbia Basin DPS 
- For the reasons discussed below, we have not included new information 
in our finding with regard to the Columbia Basin DPS of the greater 
sage-grouse in this notice. On May 14, 1999, we received a petition 
requesting the listing of the Washington population of the western sage 
grouse (C. u. phaios). On May 7, 2001, we concluded that listing the 
Columbia Basin DPS of western sage grouse was warranted, but precluded 
by higher priority listing actions (66 FR 22984); this population was 
historically found in northern Oregon and central Washington. Following 
our May 7, 2001, finding, the Service received additional petitions 
requesting listing actions for various other greater sage-grouse 
populations, including one for the nominal western subspecies, dated 
January 24, 2002, and three for the entire species, dated June 18, 
2002, and March 19 and December 22, 2003. The Service subsequently 
found that the petition for the western subspecies did not present 
substantial information (68 FR 6500), and that listing the greater 
sage-grouse throughout its historical range was not warranted (70 FR 
2244). Legal actions are still pending for these latter findings, which 
have been remanded to the Service for further consideration. In 
response, we initiated a new rangewide status review for the entire 
species (73 FR 10218). We will update our candidate assessment and 
publish a new finding for the Columbia Basin DPS in the Federal 
Register following completion of the new range wide status review for 
the greater sage-grouse.
    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

[[Page 57828]]

ocean where birds are not found. Extensive at-sea surveys of the 
Pacific have revealed a broad gap in distribution of the band-rumped 
storm-petrel to the east and west of the Hawaiian Islands, indicating 
that the distribution of birds in the central Pacific around Hawaii is 
disjunct from other nesting areas. The available information indicates 
that distinct populations of band-rumped storm-petrels are definable 
and that the Hawaiian population is distinct based on geographic and 
distributional isolation from other band-rumped storm-petrel 
populations in Japan, the Galapagos, and the Atlantic Ocean. A 
population also can be considered discrete if it is delimited by 
international boundaries that have differences in management control of 
the species. The Hawaiian population of the band-rumped storm-petrel is 
the only population within U.S. borders or under U.S. jurisdiction. 
Loss of the Hawaiian population would cause a significant gap in the 
distribution of the band-rumped storm-petrel in the Pacific, and could 
result in the complete isolation of the Galapagos and Japan populations 
without even occasional genetic exchanges. Therefore, the population is 
both discrete and significant, and constitues a DPS.
    The band-rumped storm-petrel probably was common on all of the main 
Hawaiian Islands when Polynesians arrived about 1,500 years ago, based 
on storm-petrel bones found in middens on the island of Hawaii and in 
excavation sites on Oahu and Molokai. Nesting colonies of this species 
in the Hawaiian Islands currently are restricted to remote cliffs on 
Kauai and Lehua Island and high-elevation lava fields on Hawaii. 
Vocalizations of the species were heard in Haleakala Crater on Maui as 
recently as 2006; however, no nesting sites have been located on the 
island to date. The significant reduction in numbers and range of the 
band-rumped storm-petrel is due primarily to predation by nonnative 
predators introduced by humans, including the domestic cat (Felis 
catus), small Indian mongoose (Herpestes auropunctatus), common barn 
owl (Tyto alba), black rat (R. rattus), Polynesian rat (R. exulans), 
and Norway rat (R. norvegicus), which occur throughout the main 
Hawaiian Islands, with the exception of the mongoose, which is not 
established on Kauai. Attraction of fledglings to artificial lights, 
which disrupts their night-time navigation, resulting in collisions 
with building and other objects, and collisions with artificial 
structures such as communication towers and utility lines are also 
threats. Erosion of nest sites caused by the actions of nonnative 
ungulates is a potential threat in some locations. Efforts are under 
way in some areas to reduce light pollution and mitigate the threat of 
collisions, but there are no large-scale efforts to control nonnative 
predators in the Hawaiian Islands. The threats are imminent because 
they are ongoing, and they are of a high magnitude because they can 
significantly affect the survival of this DPS. Therefore, we assign 
this distinct population segment an LPN of 3.
    Elfin-woods warbler (Dendroica angelae) - See above in ``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.

Reptiles

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

[[Page 57829]]

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

[[Page 57830]]

are of a high magnitude and continue to date, and therefore are 
imminent.

Amphibians

    Columbia spotted frog, Great Basin DPS (Rana luteiventris) - The 
following summary is based on information contained in our files and 
the petition we received on May 1, 1989. Currently, Columbia spotted 
frogs appear to be widely distributed throughout southwestern Idaho, 
southeastern Oregon, and northeastern and central Nevada but local 
populations within this general area appear to be small and isolated 
from each other. Recent work by researchers in Idaho and Nevada has 
documented the loss of historically known sites, reduced numbers of 
individuals within local populations, and declines in the reproduction 
of those individuals.
    Small highly fragmented populations, characteristic of the majority 
of existing populations of Columbia spotted frogs in the Great Basin, 
are highly susceptible to extinction processes. Poor management of 
Columbia spotted frog habitat, including water development, improper 
grazing, mining activities and nonnative species, 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 events such as fire often have detrimental 
effects to small isolated populations and can often exacerbate existing 
threats. A 10-year Conservation Agreement/Strategy was signed in 
September 2003 for both the Northeast and the Toiyabe subpopulations in 
Nevada. The goals of the conservation agreements are to reduce threats 
to Columbia spotted frogs and their habitat to the extent necessary to 
prevent populations from becoming extirpated throughout all or a 
portion of their historical range and to maintain, enhance, and restore 
a sufficient number of populations of Columbia spotted frogs and their 
habitat to ensure their continued existence throughout their historical 
range. Additionally, a Candidate Conservation Agreement with Assurances 
was completed in 2006 for the Owyhee subpopulation at Sam Noble 
Springs, Idaho. While some threats to the species and its habitat 
(habitat modification and fragmentation, nonnative species, inadequate 
regulatory mechanisms, and climate change) occur rangewide but at 
various intensities, other threats (disease and mining) affect only 
local populations; overall, the magnitude of the threats is moderate. 
Based on ongoing, and therefore, imminent threats of moderate 
magnitude, we assigned a LPN of 9 to this DPS of the Columbia spotted 
frog.
    Mountain yellow-legged frog, Sierra Nevada DPS (Rana muscosa) - The 
following summary is based on information contained in our files and 
the petition received on February 8, 2000. Also see our 12-month 
petition finding published on January 16, 2003 (68 FR 2283) and our 
amended 12-month petition finding published on June 25, 2007 (72 FR 
34657). The mountain yellow-legged frog (Rana mucosa) inhabits the 
high-elevation lakes, ponds, and streams in the Sierra Nevada Mountains 
of California, from near 4,500 feet (ft) (1,370 meters (m)) to 12,000 
ft (3,650 m). The distribution of the mountain yellow-legged frog is 
from Butte and Plumas Counties in the north to Tulare and Inyo Counties 
in the south. A separate population in southern California is already 
listed as endangered (67 FR 44382).
    Based on mitochondrial DNA, and morphological, and acoustic 
studies, scientists recently recognized two distinct species of 
mountain yellow-legged frog in the Sierra Nevada, R. muscosa and R. 
sierrae. This taxonomic distinction has been recently adopted by the 
American Society of Ichthyologists and Herpetologists, the 
Herpetologists' League, and the Society for the Study of Amphibians and 
Reptiles. The recent study determined that two species exist, as 
described by Camp, but have different geographical ranges than first 
described. Camp described R. muscosa as only occurring in southern 
California. A recent study determined that R. muscosa also occurs in 
the southern portion of the Sierra Nevada and R. sierrae occurs both in 
the southern and northern portions of the Sierra Nevada with no range 
overlap. It is the population of R. muscosa found in the southern 
portion of the Sierra Nevada that is a candidate for listing. R. 
sierrae is not a candidate.
    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 has 
also removed or is in the process of removing nonnative trout from a 
total of between 10 and 20 water bodies in the Inyo, Humboldt-Toiyabe, 
Sierra, and El Dorado National Forests. In the El Dorado National 
Forest golden trout were removed from Leland Lakes, and attempts have 
been made to remove trout from two sites near Gertrude Lake, three 
lakes in the Pyramid Creek watershed, and a tributary of Cole Creek; no 
data showing increase in mountain yellow-legged frogs at these sites 
were available.
    In California, chytridiomycosis, more commonly known as chytrid 
fungus (Batrachochytrium dendrobatidis), 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, of 43 populations assayed in 
Yosemite National Park, 39 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 nonwilderness on 
the forests, and national parks. In several areas where detailed 
studies of the effects of chytrid fungus on the mountain yellow-legged 
frog are on-going, substantial declines have been observed over the 
past several years. For example, in 2007 surveys in Yosemite National 
Park, mountain yellow-legged frogs were not detectable at 37 percent of 
285 sites where they had been observed in 2000-2002; in 2005 in Sequoia 
and Kings Canyon National Parks, mountain yellow-legged frogs were not 
detected at 54 percent of sites where they had been recorded 3 to 8 
years earlier. A compounding effect of disease-caused extinctions of 
mountain yellow-legged frogs is that recolonization may never occur, 
because streams connecting extirpated sites to

[[Page 57831]]

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 
predict a 10-percent decline per year in the number of remaining Rana 
mucosa populations. Based on threats that are imminent (because they 
are ongoing) and high-magnitude (because they affect the survival of 
the DPS rangewide), we continue to assign the population of mountain 
yellow-legged frog in the Sierra Nevada an LPN of 3.
    Oregon spotted frog (Rana pretiosa) - The following summary is 
based on information contained in our files and the petition we 
received on May 4, 1989. Historically, the Oregon spotted frog ranged 
from British Columbia to the Pit River drainage in northeastern 
California. Based on surveys of historical sites, the Oregon spotted 
frog is now absent from at least 76 percent of its former range. The 
majority of the remaining Oregon spotted frog populations are small and 
isolated.
    The threats to the species' habitat include development, livestock 
grazing, introduction of nonnative plant species, vegetation 
succession, changes in hydrology due to construction of dams and 
alterations to seasonal flooding, lack of management of exotic 
vegetation, predators, and poor water quality. Additional threats to 
the species are predation by nonnative fish and introduced bullfrogs; 
competition with bullfrogs and nonnative fish for habitat; and 
diseases, such as oomycete water mold Saprolegnia and chytrid fungus 
infections. The magnitude of threat is high for this species because 
this wide range of threats to both individuals and their habitats could 
seriously reduce or eliminate any of these isolated populations and 
further reduce the species' range and potential survival. Habitat 
restoration and management actions have not prevented population 
declines. The threats are imminent because each population is faced 
with multiple ongoing and potential threats as identified above. 
Therefore, we retained 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. Natural relict leopard frog populations are currently only 
known to occur in two general areas in Nevada: Near the Overton Arm 
area of Lake Mead and Black Canyon below Lake Mead. These two areas 
comprise a small fraction of the historical distribution of the 
species, which included springs, streams, and wetlands within the 
Virgin River drainage downstream from the vicinity of Hurricane, Utah; 
along the Muddy River in Nevada; and along the Colorado River from its 
confluence with the Virgin River downstream to Black Canyon below Lake 
Mead in 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 that 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 of 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 moderate to 
low. These threats remain nonimminent since there are no pending 
projects or actions that would adversely affect frog populations or 
threaten surface water associated with known sites occupied by the 
frog. Therefore, we assigned an LPN of 11 to this species.
    Ozark hellbender (Cryptobranchus alleganiensis bishopi) - We 
continue to find that listing this species is warranted-but-precluded 
as of the date of publication of this notice. However, we are working 
on a proposed listing rule that we expect to publish prior to making 
the next annual resubmitted petition 12-month finding.
    Austin blind salamander (Eurycea waterlooensis) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition received on May 11, 2004. The 
Austin blind salamander is known to occur in and around three of the 
four spring sites that comprise the Barton Springs complex in the City 
of Austin, Travis County, Texas. Primary threats to this species are 
degradation of water quality due to expanding urbanization. The Austin 
blind salamander depends on a constant supply of clean water from the 
Edwards Aquifer that discharges 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.
    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.
    Water quality impacts threaten the continued existence of the 
Austin blind salamander by altering physical aquatic habitats and the 
food sources of the salamander. The threats are imminent because 
urbanization is ongoing and continues to expand over the Barton Springs 
Segment of the Edwards Aquifer and water quality continues to degrade. 
Although the City of Austin and many other partners are actively 
working on conservation of the Barton Springs salamander, and the 
Austin blind salamander benefits from all of the ongoing conservation 
actions that are being conducted for the Barton Springs salamander, 
these efforts have not yet been successful in improving water quality. 
In addition, the existence of the

[[Page 57832]]

species continues to be threatened by occasional hazardous chemical 
spills within the Barton Springs Segment of the Edwards Aquifer, which 
could result in direct mortality. Because the Austin blind salamander 
is known from only three clustered spring sites and must rely on clear, 
clean spring discharges from the Edwards Aquifer for its survival, 
degraded water quality poses a threat to the entire population, and is 
therefore a high-magnitude threat. Thus, we retain an LPN of 2 for this 
species.
    Georgetown salamander (Eurycea naufragia) - The following summary 
is based on information contained in our files. No new information was 
provided in the petition received on May 11, 2004. The Georgetown 
salamander is known from spring outlets along five tributaries to the 
San Gabriel River and one cave in the City of Georgetown, Williamson 
County, Texas. The Georgetown salamander has a very limited 
distribution and depends on a constant supply of clean water from the 
Northern Segment of the Edwards Aquifer for its survival.
    Primary threats to this species are degradation of water quality 
due to expanding urbanization. Increased impervious cover by 
development increases the quantity and velocity of runoff that leads to 
erosion and greater pollution transport. Pollutants and contaminants 
that enter the Edwards Aquifer are discharged from spring outlets in 
salamander habitat and have serious morphological and physiological 
effects to the species. The Texas Commission on Environmental Quality 
(TCEQ) 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 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 TCEQ has developed voluntary water quality protection 
measures for development in the Edwards Aquifer region of Texas; 
however, it is unknown if these measures will be implemented throughout 
a large portion of the watershed or if they will be effective in 
maintaining or improving water quality. Therefore, we do not rely on 
the protection measures in our assessment of threats.
    Development occurring outside the TCEQ's jurisdiction can have 
negative consequences on water quality and thus affect the species. 
Water quality impacts threaten the continued existence of the 
Georgetown salamander by altering physical aquatic habitats and the 
food sources of the salamander. The threats are imminent because 
urbanization is ongoing and continues to expand over the Northern 
Segment of the Edwards Aquifer. However, Williamson County and the 
Williamson County Conservation Foundation are actively working to 
protect habitat and acquire land within the contributing watershed for 
the Georgetown salamander. These conservation actions reduce the 
magnitude of the threat to the Georgetown salamander to a moderate 
level by reducing the amount of development occurring in the portion of 
the watershed that affects the species. Thus, we assigned an LPN of 8 
for this species.
    Jollyville Plateau salamander (Eurycea tonkawae) - The following 
summary is based on information gathered during a status review of this 
species (72 FR 71039, December 13, 2007). The Jollyville Plateau 
salamander occurs in the Jollyville Plateau and Brushy Creek areas of 
the Edwards Plateau in Travis and Williamson Counties, Texas. This 
species has a limited distribution and depends on a constant supply of 
clean water from the Northern Segment of the Edwards Aquifer for its 
survival. Primary threats to this species are degradation of water 
quality due to expanding urbanization. Increased impervious cover by 
development increases the quantity and velocity of runoff that leads to 
erosion and greater pollution transport. Pollutants and contaminants 
that enter the Edwards Aquifer are discharged from spring outlets in 
salamander habitat and have serious morphological and physiological 
effects on the species.
    The Texas Commission on Environmental Quality adopted the Edwards 
Rules in 1995 and 1997, which require a number of water quality 
protection measures for new development occurring in the recharge and 
contributing zones of the Edwards Aquifer. However, Chapter 245 of the 
Texas Local Government Code permits ``grandfathering'' of state 
regulations. Grandfathering allows developments to be exempted from any 
new local or state requirements for water quality controls and 
impervious cover limits if the developments were planned prior to the 
implementation of such regulations. As a result of the grandfathering 
law, very few developments have followed 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 TCEQ has developed 
voluntary water quality protection measures for development in the 
Edwards Aquifer region of Texas; however, it is unknown if these 
measures will be implemented throughout a large portion of the 
watershed or if they will be effective in maintaining or improving 
water quality.
    Water quality impacts currently threaten the continued existence of 
the Jollyville Plateau salamander by altering physical aquatic habitats 
and the food sources of the salamander, producing negative population 
responses. Such responses have been documented at both the individual 
level (mortalities and deformities) and the population level 
(significant declines in abundance over the last 10 years and 
extirpation at one site). We find the overall negative response by the 
salamander to be at a moderate level because deformities and deaths of 
salamanders have been limited in scope to a few localities and only one 
location may have experienced an extirpation. Otherwise, the current 
range of the salamander changed little from the known historical range. 
Thus, we retain an LPN of 8 for this species.
    Salado salamander (Eurycea chisholmensis) - The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. The Salado 
salamander is historically known from two spring sites, Big Boiling 
Springs and Robertson Springs, near Salado, Bell County, Texas. We have 
received only one anecdotal report of a salamander sighting in Big 
Boiling Springs in 2008; prior to that, the Salado salamander had not 
been sighted there since 1991. Robertson Springs is on private land and 
access to the site has not been granted. The last survey at Robertson 
Springs was in the early 1990s.
    Primary threats to this species are habitat modification and 
degradation of water quality due to expanding

[[Page 57833]]

urbanization. The Salado salamander depends on a constant supply of 
clean water from the Northern Segment of the Edwards Aquifer for its 
survival. Pollutants and contaminants that enter the Edwards Aquifer 
discharge in salamander habitat and have morphological and 
physiological effects on the salamander. We do not know how likely 
spills are to occur within the contributing watersheds of the springs 
that support this species. However, several groundwater incidents have 
occurred within Salado salamander habitat in recent years. The 
salamander is vulnerable to catastrophic hazardous materials spills, 
groundwater contamination from the Northern Segment of the Edwards 
Aquifer, and impacts to its surface habitat. In addition, Big Boiling 
Springs is located near Interstate Highway 35 and in the center of the 
Village of Salado. Traffic and urbanization is likely to increase the 
threat of contamination of spills, higher levels of impervious cover, 
and subsequent impacts to groundwater. These threats significantly 
affect the survival of this species, and groundwater contamination and 
impacts to surface habitat are ongoing. Moreover, we do not have 
information that the magnitude or imminence of the threats to the 
species has changed since our previous assessment when we concluded 
there are ongoing, and therefore, imminent threats of a high magnitude. 
Therefore, we retained 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). The Yosemite toad is a moderately 
sized toad 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. The Yosemite toad is most likely to be found in areas with thick 
meadow vegetation or patches of low willows near or in water, and use 
rodent burrows for overwintering and temporary refuge during the 
summer. Breeding habitat includes the edges of wet meadows, slow 
flowing streams, shallow ponds and shallow areas of lakes. The 
historical range of the Yosemite toad in the Sierra Nevada occurs from 
the Blue Lakes region north of Ebbetts Pass (Alpine County) to south of 
Kaiser Pass in the Evolution Lake/Darwin Canyon area (Fresno County). 
The historical elevational range of the Yosemite toad is 1,460 to 3,630 
m (4,790 to 11,910 ft).
    The threats to the Yosemite toad include cattle grazing, timber 
harvesting, recreation, disease, and climate change. Inappropriate 
grazing has been shown to cause loss in vegetative cover and destroying 
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 the Yosemite toad 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. Some of these threats result in gaps in habitat 
which may act as dispersal barriers and contribute to the fragmentation 
of Yosemite toad habitat and populations. Trails (foot, horse, bicycle, 
or off-highway motor vehicle) compact soil in riparian habitat, which 
increases erosion, displaces vegetation, and can lower the water table. 
Trampling or the collapsing of rodent burrows by recreationists, pets, 
and vehicles could lead to direct mortality of all life stages of the 
Yosemite toad and disrupt their behavior. Various diseases have been 
confirmed in the Yosemite toad. 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. The Yosemite toad is 
likely exposed to a variety of pesticides and other chemicals 
throughout its range. Environmental contaminants could negatively 
affect the species by causing direct mortality; suppressing the immune 
system; disrupting breeding behavior, fertilization, growth or 
development of young; and disrupting the ability to avoid predation. 
There is no indication that any of these threats are ongoing or planned 
and the threats are therefore nonimminent. In addition, since there are 
a number of substantial populations and these threats tend to have 
localized effects, the threats are moderate to low in magnitude. In 
addition, almost all of the species' range occurs on Federal land, 
which protects the species from private development and facilitates 
management of the species by Federal agencies. We therefore retained an 
LPN of 11 for the Yosemite toad.
    Black Warrior waterdog (Necturus alabamensis) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
The Black Warrior waterdog is a salamander that inhabits streams above 
the Fall Line within the Black Warrior River Basin in Alabama. There is 
very little specific locality information available on the historical 
distribution of the Black Warrior waterdog since little attention was 
given to this species between its description in 1937 and the 1980s. At 
that time, there were a total of only 11 known historical records from 
4 Alabama counties. Two of these sites have now been inundated by 
impoundments. Extensive survey work was conducted in the 1990s to look 
for additional populations. 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, reflected by the fact that there has not been a 
steep rate of decline in the population of this species. Water quality 
degradation in the Black Warrior basin is ongoing; therefore, the 
threats are imminent. We assigned an LPN of 8 to this species.

Fishes

    Headwater chub (Gila nigra) - The following summary is based on

[[Page 57834]]

information contained in our files and the 12-month finding published 
in the Federal Register on May 3, 2006 (71 FR 26007). The headwater 
chub is a moderate-sized cyprinid fish. The range of the headwater chub 
has been reduced by approximately 60 percent. Sixteen 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. All 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 compete with them for food. These nonnative fish 
are difficult to eliminate and, therefore, pose an ongoing threat. 
Habitat destruction and modification have occurred and continue to 
occur as a result of dewatering, impoundment, channelization, and 
channel changes caused by alteration of riparian vegetation and 
watershed degradation from mining, grazing, roads, water pollution, 
urban and suburban development, groundwater pumping, and other human 
actions. Existing regulatory mechanisms do not appear to be adequate 
for addressing the impact of nonnative fish and also have not removed 
or eliminated the threats that continue to be posed through habitat 
destruction or modification. The fragmented nature and rarity of 
existing populations makes them vulnerable to other natural or manmade 
factors, such as drought and wildfire. Climate change is predicted to 
worsen these threats though increased aridity of the regions, thus 
reducing stream flows and warming aquatic habitats, which makes them 
more suitable to nonnative species.
    The Arizona Game and Fish Department has finalized the Arizona 
Statewide Conservation Agreement for Roundtail Chub (G. robusta), 
Headwater Chub, Flannelmouth Sucker (Catostomus latipinnis), Little 
Colorado River Sucker (Catostomus spp.), Bluehead Sucker (C. 
discobolus), and Zuni Bluehead Sucker (C. discobolus yarrowi). The New 
Mexico Department of Game and Fish recently listed the headwater chub 
as endangered and created a recovery plan for the species: Colorado 
River Basin Chubs (Roundtail Chub, Gila Chub (G. intermedia), and 
Headwater Chub) Recovery Plan, which was approved by the New Mexico 
State Game Commission on November 16, 2006. Both the Arizona Agreement 
and the New Mexico Recovery Plan recommend preservation and enhancement 
of extant populations and restoration of historical headwater-chub 
populations. The recovery and conservation actions prescribed by 
Arizona and New Mexico plans, which we believe will reduce and remove 
threats to this species, will require further discussions and 
authorizations before they can be implemented, although some actions 
have been completed and several are planned for the immediate future. 
Although threats are ongoing, new information indicates long-term 
persistence and stability of existing populations. Currently 10 of the 
16 extant populations are considered stable based on abundance and 
evidence of recruitment. Based on our assessment, threats (nonnative 
species, habitat loss from land uses) remain imminent and are of a 
moderate magnitude. Thus, we retained an LPN of 8 for this species.
    Arkansas darter (Etheostoma cragini) - The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. 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 148 locality occurrences of the Arkansas darter 
distributed across the 5 States and that a minimum of 12 populations or 
population groups (metapopulations) now exist. Threats to the species 
include stream dewatering resulting from groundwater pumping in the 
western portion of the species' range, and potential development 
pressures in portions of its eastern range. Spills and runoff from 
confined animal feeding operations also potentially affect the species 
rangewide. The magnitude of threats facing this species is moderate to 
low, given the number of different locations where the species occurs 
and the fact that no single threat or combination of threats affects 
more than a portion of the widespread population occurrences. Overall, 
the threats are nonimminent since groundwater pumping is declining and 
development, spills, and runoff are not currently affecting the species 
rangewide. Thus, we are retaining an LPN of 11 for the Arkansas darter.
    Cumberland darter (Etheostoma susanae) - We continue to find that 
listing this species is warranted-but-precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Pearl darter (Percina aurora) - See above in ``Listing Priority 
Changes in Candidates.'' The above summary is based on information 
contained in our files.
    Rush darter (Etheostoma phytophilum) - We continue to find that 
listing this species is warranted-but-precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Yellowcheek darter (Etheostoma moorei) - We continue to find that 
listing this species is warranted-but-precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Chucky madtom (Noturus crypticus) - We continue to find that 
listing this species is warranted-but-precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Grotto sculpin (Cottus sp., sp. nov.) - The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. The Grotto 
sculpin, a small fish, is restricted to two karst areas (limestone 
regions characterized by sink holes, abrupt ridges, caves, and 
underground streams): the Central Perryville Karst and Mystery-Rimstone 
Karst in Perry County, southeast Missouri. Grotto sculpins have been 
documented in only 5 caves (Burr et al. 2001, p. 284). The current 
overall range of the grotto sculpin has been estimated to encompass 
approximately 260 square kilometers (100 square miles).
    The small population size and endemism of the grotto sculpin make 
it vulnerable to extinction due to genetic drift, inbreeding 
depression, and random or chance changes to the

[[Page 57835]]

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. Thus, the magnitude 
of threats is high. The threats are ongoing and, therefore, are 
imminent. Thus, we assigned this species an LPN of 2.
    Sharpnose shiner (Notropis oxyrhynchus) - The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. The sharpnose 
shiner is a small, slender minnow, endemic to the Brazos River Basin in 
Texas. Historically, the sharpnose shiner existed throughout the Brazos 
River and several of its major tributaries 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 upstream of Possum Kingdom Reservoir is apparently stable, while 
the population downstream of the reservoir may only exist in remnant 
populations in areas of suitable habitat, or may be completely 
extirpated, representing a reduction of approximately 69 percent of its 
historical range.
    The most significant threat to the existence of the sharpnose 
shiner is potential reservoir development within its current range. The 
current water plan for Texas provides several reservoir options that 
could be implemented within the Brazos River drainage. Additional 
threats include irrigation and water diversion, sedimentation, 
desalination, industrial and municipal discharges, agricultural 
activities, in-stream sand and gravel mining and the spread of invasive 
saltcedar. The current limited distribution of the sharpnose shiner 
within the Upper Brazos River Basin makes it vulnerable to catastrophic 
events such as the introduction of competitive species or prolonged 
drought. State law does not provide protection for the sharpnose 
shiner. The magnitude of threat is high since the major threat of 
reservoir development within the species' current range may render its 
remaining habitat unsuitable. The threats are nonimminent because the 
most significant threat - major reservoir projects - are not likely to 
occur in the near future, and there is potential for implementing other 
water supply options that could preclude reservoir development. For 
these reasons, we assigned an LPN of 5 to this species.
    Smalleye shiner (Notropis buccula) - The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on May 11, 2004. The smalleye shiner is a 
small, pallid minnow endemic to the Brazos River Basin in Texas. The 
population of smalleye shiners within the Upper Brazos River drainage 
(upstream of Possum Kingdom Reservoir) is apparently stable. However, 
the shiner may be extirpated downstream from the reservoir, 
representing a reduction of approximately 54 percent of its historical 
range.
    The most significant threat to the existence of the smalleye shiner 
is potential reservoir development within its current range. 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 high since the major threat of reservoir 
development within the species' current range may render its remaining 
habitat unsuitable. The threats are nonimminent because major reservoir 
projects are not likely to occur in the near future and there is 
potential for implementing other water supply options that could 
preclude reservoir development. For these reasons, we assigned a LPN of 
5 to this species.
    Zuni bluehead sucker (Catostomus discobolus yarrowi) - The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. The Zuni bluehead sucker is a colorful fish less than 8 inches 
long. The range of the Zuni bluehead sucker has been reduced by over 90 
percent. The Zuni bluehead sucker currently occupies 9 river miles (15 
kilometers) in 3 headwater stream of the Rio Nutria in New Mexico, and 
potentially occurs in 27 miles in (43 kilometers) the Kinlichee 
drainage of Arizona. However, the number of occupied miles in Arizona 
is unknown and the genetic composition of these fish is still under 
investigation.
    Zuni bluehead sucker range reduction and fragmentation is caused by 
discontinuous surface water flow, introduced species, and habitat 
degradation from fine sediment deposition. Zuni bluehead sucker persist 
in very small creeks that are subject to very low flows and drying 
during periods of drought. Because of climate change (warmer air 
temperatures), stream flow is predicted to decrease in the Southwest, 
even if precipitation were to increase moderately. Warmer winter and 
spring temperatures cause an increased fraction of precipitation to 
fall as rain, resulting in a reduced snow pack, an earlier snow melt, 
and a longer dry season leading to decreased stream flow in the summer 
and a longer fire season. These changes would have a negative effect on 
Zuni bluehead sucker. Another major impact to populations of Zuni 
bluehead sucker was the application of fish toxicants through at least 
two dozen treatments in the Nutria and Pescado rivers between 1960 and 
1975. Large numbers of Zuni bluehead suckers were killed during these 
treatments. The Zuni bluehead sucker is most likely extirpated from Rio 
Pescado as none

[[Page 57836]]

have been collected from that river since 1993.
    The New Mexico Department of Game and Fish developed a recovery 
plan for Zuni bluehead sucker which was approved by the New Mexico 
State Game Commission on December 15, 2004. The recovery plan 
recommends preservation and enhancement of extant populations and 
restoration of historical Zuni bluehead sucker populations. We believe 
the recovery actions prescribed by the recovery plan will reduce and 
remove threats to this subspecies, but they will require further 
discussions and authorizations before they can be implemented and 
threats are reduced. Because of the ongoing threats of high magnitude, 
including loss of habitat (historical and current from beaver 
activity), degradation of remaining habitat (nonnative species and land 
development), drought, fire, and climate change, we maintained an LPN 
of 3 for this subspecies.
    Rio Grande cutthroat trout (Oncorhynchus clarki virginalis) - The 
following summary is based on information contained in our files and 
our status review published on May 14, 2008 (73 FR 27900). Rio Grande 
cutthroat trout is one of 14 subspecies of cutthroat trout found in the 
western United States. Populations of this subspecies are in New Mexico 
and Colorado in drainages of the Rio Grande, Pecos, and Canadian 
rivers. Although once widely distributed in connected stream networks, 
Rio Grande cutthroat trout populations now occupy about 10 percent of 
its historical habitat and the populations are fragmented and isolated 
from one another. The majority of populations occur in high elevation 
streams.
    Major threats include: Loss of suitable habitat that has occurred 
and is likely to continue occurring due to water diversions, dams, 
stream drying, habitat quality degradation, and changes in hydrology; 
introduction of nonnative trout and ensuing competition, predation, and 
hybridization; and whirling disease. In additiona, average air 
temperatures in the Southwest have increased about 1[deg]C (2.5[deg]F) 
in the past 30 years and they are projected to increase by another 1.2 
to 2.8[deg]C (3 to 7[deg]F) by 2050. Because trout require coldwater 
and water temperatures depend in large part on air temperature, there 
is concern that the habitat of Rio Grande cutthroat trout will further 
decrease in response to warmer water temperatures caused by climate 
change. Wildfire and drought (stream drying) are additional threats to 
Rio Grande cutthroat trout populations that are likely to increase in 
magnitude in response to climate change. Research is occurring to 
assess the effects of climate change on this subspecies and agencies 
are working to restore historically occupied streams. The threats are 
of moderate magnitude because there is good distribution and a 
comparatively large number of populations across the landscape; some 
populations have few threats present, and in other areas, management 
actions are taken to help control the threat of nonnative trout. 
Overall, the threats are ongoing and, therefore, imminent. Based on 
imminent threats of moderate magnitude, we assigned an LPN of 9 to this 
subspecies.

Clams

    Texas hornshell (Popenaias popei) - The following summary is based 
on information contained in our files and information provided by the 
New Mexico Department of Game and Fish and Texas Parks and Wildlife 
Department. No new information was provided in the petition received on 
May 11, 2004. The Texas hornshell is a freshwater mussel found in the 
Black River in New Mexico, and the Rio Grande and the Devils River in 
Texas. Until March 2008, the only known extant populations were in New 
Mexico's Black River and one locality in the Rio Grande near Laredo, 
Texas. In March 2008, two new localities were confirmed in Texas - one 
in the Devils River and one in the mainstem Rio Grande in the Rio 
Grande Wild and Scenic River segment downstream of Big Bend National 
Park.
    The primary threats to this species are habitat alterations such as 
stream bank channelization, impoundments, and diversions for 
agriculture and flood control; contamination of water by oil and gas 
activity; alterations in the natural riverine hydrology; and increased 
sedimentation from prolonged overgrazing and loss of native vegetation. 
Although riverine habitats throughout the species' known occupied range 
are under constant threat from these ongoing or potential activities, 
numerous conservation actions that will benefit the species are 
underway in New Mexico, including the completion of a state recovery 
plan for the species and the drafting of a Candidate Conservation 
Agreement with Assurances, and are beginning in Texas on the Big Bend 
reach of the Rio Grande. In addition, previously unknown locations 
where the species persists were found in Texas in 2008. Due to these 
ongoing conservation efforts and the discovery of new locations, the 
magnitude of the threats is moderate. However, the threats to the 
species are ongoing, and remain imminent. Thus, we maintained a LPN of 
8 for this species.
    Fluted kidneyshell (Ptychobranchus subtentum) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
The fluted kidneyshell is a freshwater mussel endemic to the Cumberland 
and Tennessee River systems in Alabama, Kentucky, Tennessee, and 
Virginia. It requires shoal habitats in free-flowing rivers to survive 
and successfully recruit new individuals into its populations.
    This species has been extirpated from numerous regional streams and 
is no longer found in the State of Alabama. Habitat destruction and 
alteration (e.g., impoundments, sedimentation, and pollutants) are the 
chief factors that contributed to its decline. The fluted kidneyshell 
was historically known from at least 37 streams but is currently 
restricted to no more than 12 isolated populations. Current status 
information for most of the 12 populations deemed to be extant is 
available from recent periodic sampling efforts (sometimes annually) 
and other field studies, particularly in the upper Tennessee River 
system. Some populations in the Cumberland River system have had recent 
surveys as well (e.g., Wolf, Little Rivers; Little South Fork; Horse 
Lick, Buck Creeks). Populations in Buck Creek, Little South Fork, Horse 
Lick Creek, Powell River, and North Fork Holston River have clearly 
declined over the past two decades. Based on recent information, the 
overall population of the fluted kidneyshell is declining rangewide. At 
this time, the species remains in large numbers 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 
Little Tennessee, Nolichucky, and Duck Rivers may begin to reverse the 
downward population trend of this species. The threats are high in 
magnitude, since the majority of populations of this species are 
severely affected by numerous threats (impoundments, sedimentation, 
small population size, isolation of populations, gravel mining, 
municipal pollutants, agricultural runoff, nutrient enrichment, and 
coal processing pollution) that result in mortality or reduced 
reproductive output. Since the threats are ongoing, they are imminent.

[[Page 57837]]

We assigned an LPN of 2 to this mussel species.
    Neosho mucket (Lampsilis rafinesqueana) - See above in ``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.
    Alabama pearlshell (Margaritifera marrianae) - We continue to find 
that listing this species is warranted-but-precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Slabside pearlymussel (Lexingtonia dolabelloides) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
The slabside pearlymussel is a freshwater mussel endemic to the 
Cumberland and Tennessee River systems in Alabama, Kentucky, Tennessee, 
and Virginia. It requires shoal habitats in free-flowing rivers to 
survive and successfully recruit new individuals into its populations.
    Habitat destruction and alteration (e.g., impoundments, 
sedimentation, and pollutants) are the chief factors contributing to 
the decline of this species, which has been extirpated from numerous 
regional streams and is no longer found in Kentucky. The slabside 
pearlymussel was historically known from at least 32 streams, but is 
currently restricted to no more than 10 isolated stream segments. 
Current status information for most of the 10 populations deemed to be 
extant is available from recent periodic sampling efforts (sometimes 
annually) and other field studies. Comprehensive surveys have taken 
place in the Middle and North Forks Holston River, Paint Rock River, 
and Duck River in the past several years. Based on recent information, 
the overall population of the slabside pearlymussel is declining 
rangewide. Of the five streams in which the species remains in good 
numbers (e.g., Clinch, North and Middle Forks Holston, Paint Rock, Duck 
Rivers), the Middle and upper North Fork Holston Rivers have undergone 
drastic recent declines, while the Clinch population has been in a 
longer-term decline. Most of the remaining five populations (e.g., 
Powell River, Big Moccasin Creek, Hiwassee River, Elk River, Bear 
Creek) have doubtful viability, and several if not all of them may be 
on the verge of extirpation.
    The threats remain high in magnitude, since all populations of this 
species are severely affected by numerous threats (impoundments, 
sedimentation, small population size, isolation of populations, gravel 
mining, municipal pollutants, agricultural runoff, nutrient enrichment, 
and coal processing pollution) that result in mortality or reduced 
reproductive output. Since the threats are ongoing, they are imminent. 
We assigned an LPN of 2 to this mussel species.
    Altamaha spinymussel (Elliptio spinosa) - We continue to find that 
listing this species is warranted-but-precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.

Snails

    Sisi snail (Ostodes strigatus) - The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. The sisi snail is a ground-
dwelling species in the Potaridae family, and is endemic to American 
Samoa. The species is now known from a single population on the island 
of Tutuila, American Samoa.
    This species is currently threatened by habitat loss and 
modification and by predation from nonnative predatory snails. The 
decline of the sisi in American Samoa has resulted, in part, from loss 
of habitat to forestry and agriculture and loss of forest structure to 
hurricanes and alien weeds that establish after these storms. All live 
sisi snails have been found in the leaf litter beneath remaining intact 
forest canopy. No snails were found in areas bordering agricultural 
plots or in forest areas that were severely damaged by three hurricanes 
(1987, 1990, and 1991). Under natural historical conditions, loss of 
forest canopy to storms did not pose a great threat to the long-term 
survival of these snails; enough intact forest with healthy populations 
of snails would support dispersal back into newly regrown canopy 
forest. However, the presence of alien weeds such as mile-a-minute vine 
(Mikania micrantha) may reduce the likelihood that native forest will 
re-establish in areas damaged by the hurricanes. This loss of habitat 
to storms is greatly exacerbated by expanding agriculture. Agricultural 
plots on Tutuila have spread from low elevation up to middle and some 
high elevations, greatly reducing the forest area and thus reducing the 
resilience of native forests and its populations of native snails. 
These reductions also increase the likelihood that future storms will 
lead to the extinction of populations or species that rely on the 
remaining canopy forest. In an effort to eradicate the giant African 
snail (Achatina fulica), the alien rosy carnivore snail (Euglandia 
rosea) was introduced in 1980. The rosy carnivore snail has spread 
throughout the main island of Tutuila. Numerous studies show that the 
rosy carnivore snail feeds on endemic island snails including the sisi, 
and is a major agent in their declines and extirpations. At present, 
the major threat to long-term survival of the native snail fauna in 
American Samoa is predation by nonnative predatory snails. These 
threats are ongoing and are therefore imminent. Since the threats occur 
throughout the entire range of the species 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 contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Diamond Y Spring snail and 
Gonzales springsnail are small aquatic snails endemic to Diamond Y 
Spring in Pecos County, Texas. The spring, its outflow channels, and 
the land surrounding them are owned and managed by The Nature 
Conservancy.
    These snails are primarily threatened with habitat loss due to 
springflow declines from drought, pumping of groundwater, and 
potentially climate change. Additional threats include water 
contamination from accidental releases of petroleum products, as their 
habitat is in an active oil and gas field. Also, a nonnative aquatic 
snail (Melanoides sp.) was 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 eventual loss of spring flow an imminent threat 
of total habitat loss. 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.

[[Page 57838]]

A tree-dwelling species, the fragile tree snail is a member of the 
Partulidae family of snails, and is endemic to the islands of Guam and 
Rota (Mariana Islands). Requiring cool and shaded native forest 
habitat, the species is now known from one population on Guam and from 
one population on Rota.
    This species is currently threatened by habitat loss and 
modification and by predation from nonnative predatory snails and 
flatworms. Large numbers of Philippine deer (Cervus mariannus) (Guam 
and Rota), pigs (Sus scrofra) (Guam), water buffalo (Bubalus bubalis) 
(Guam), and cattle (Bos taurus) (Rota) directly alter the understory 
plant community and overall forest microclimate, making it unsuitable 
for snails. Predation by the alien rosy carnivore snail (Euglandina 
rosea) and the Manokwar flatworm (Platydemus manokwari) is a serious 
threat to the survival of the fragile tree snail. Field observations 
have established that the rosy carnivore snail and the Manokwar 
flatworm will readily feed on native Pacific island tree snails, 
including the Partulidae, such as those of the Mariana Islands. The 
rosy carnivore snail has caused the extirpation of many populations and 
species of native snails throughout the Pacific islands. The Manokwar 
flatworm has also contributed to the decline of native tree snails, in 
part due to its ability to ascend into trees and bushes that support 
native snails. Areas with populations of the flatworm usually lack 
partulid tree snails or have declining numbers of snails. 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 snail (see summary for the fragile tree snail, above). On Guam, 
open agricultural fields and other areas prone to erosion were seeded 
with tangantangan (Leucaena leucocephala) by the U.S. Military. 
Tangantangan grows as a single species stand with no substantial 
understory. The microclimatic condition is dry with little accumulation 
of leaf litter humus and is particularly unsuitable as Guam tree snail 
habitat. In addition, native forest cannot reestablish and grow where 
this alien weed has become established. Because all of the threats 
occur rangewide 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 13 populations on the islands of Guam, Rota, 
Aguiguan, Sarigan, Saipan, Alamagan, and Pagan. Although still the most 
widely distributed tree snail endemic in the Mariana Islands, remaining 
population sizes are often small.
    This species is currently threatened by habitat loss and 
modification and by predation from nonnative predatory snails and flat 
worms. Throughout the Mariana Islands, feral ungulates (pigs (Sus 
scrofa), Philippine deer (Cervus mariannus), cattle (Bos taurus), water 
buffalo (Bubalus bubalis), and goats (Capra hircus)) have caused severe 
damage to native forest vegetation by browsing directly on plants, 
causing erosion, and retarding forest growth and regeneration. This in 
turn reduces the quantity and quality of forested habitat for the 
humped tree snail. Currently, populations of feral ungulates are found 
on the islands of Guam (deer, pigs, and water buffalo), Rota (deer and 
cattle), Aguiguan (goats), Saipan (deer, pigs, and cattle), Alamagan 
(goats, pigs, and cattle), and Pagan (cattle, goats, and pigs). Goats 
were eradicated from Sarigan in 1998 and the humped tree snail has 
increased in abundance on that island, likely in response to the 
removal of all the goats. However, the population of humped tree snails 
on Anatahan is likely extirpated due to the massive volcanic explosions 
of the island beginning in 2003 and still continuing, and the resulting 
loss of up to 95 percent of the vegetation on the island. Predation by 
the alien rosy carnivore snail (Euglandina rosea) and the alien 
Manokwar flatworm (Platydemus manokwari) is a serious threat to the 
survival of the humped tree snail (see summary for the fragile tree 
snail, above). The magnitude of threats is high because these alien 
predators cause significant population declines to the humped tree 
snail rangewide. These threats are ongoing and thus are imminent. 
Therefore, we assigned this species an LPN of 2.
    Lanai tree snail (Partulina semicarinata) - We continue to find 
that listing this species is warranted-but-precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Lanai tree snail (Partulina variabilis) - We continue to find that 
listing this species is warranted-but-precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Langford's tree snail (Partula langfordi) - The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. A tree-dwelling 
species, Langford's tree snail is a member of the Partulidae family of 
snails, and is known from one population on the island of Aguiguan. 
This species is currently threatened by habitat loss and modification 
and by predation from nonnative predatory snails. In the 1930s, the 
island of Aguiguan was mostly cleared of native forest to support sugar 
cane and pineapple production. The abandoned fields and airstrip are 
now overgrown with alien weeds. The remaining native forest understory 
has greatly suffered from large and uncontrolled populations of alien 
goats and the invasion of weeds. Goats (Capra hircus) have caused 
severe damage to native forest vegetation by browsing directly on 
plants, causing erosion, and retarding forest growth and regeneration. 
This in turn reduces the quantity and quality of forested habitat for 
Langford's tree snail. Predation by the alien rosy carnivore snail 
(Euglandina rosea) and by the Manokwar flatworm (Platydemus manokwari) 
(see summary for the fragile tree snail, above) is also a serious 
threat to the survival of Langford's tree snail.

[[Page 57839]]

All of the threats are occurring rangewide and no efforts to control or 
eradicate the nonnative predatory snail species or to reduce habitat 
loss are being undertaken. The magnitude of threats is high because 
they result in direct mortality or significant population declines to 
Langford's tree snail rangewide. A survey of Aguiguan in November 2006 
failed to find any live Langford's tree snails. These threats are also 
ongoing and thus are imminent. Therefore, we assigned this species an 
LPN of 2.
    Phantom Cave snail (Cochliopa texana) and Phantom springsnail 
(Tryonia cheatumi) - The following summary is based on information 
contained in our files. No new information was provided in the petition 
we received on May 11, 2004. Phantom Cave snail and Phantom springsnail 
are small aquatic snails that occur in three spring outflows in the 
Toyah Basin in Reeves and Jeff Davis Counties, Texas.
    The primary threat to both species is the loss of surface flows due 
to declining groundwater levels from drought, pumping for agricultural 
production, and potentially climate change. Much of the land 
immediately surrounding their spring habitat is owned and managed by 
The Nature Conservancy, Bureau of Reclamation, and Texas Parks and 
Wildlife Department. However, the water needed to maintain their 
habitat has declined due to a reduction in spring flows, possibly as a 
result of private groundwater pumping in areas beyond that controlled 
by these landowners. As an example, Phantom Lake Spring, one of the 
sites of occurrence, has already ceased flowing and aquatic habitat is 
artificially supported only by a pumping system. The magnitude of the 
threats is high because spring flow loss would result in complete 
habitat destruction and permanent elimination of all populations of the 
species. The immediacy of the threats is imminent, as evidenced by the 
drastic decline in spring flow at Phantom Lake Spring that is currently 
happening and may extirpate these populations in the near future. 
Declining spring flows in San Solomon Spring are also becoming evident 
and will affect that spring site as well within the foreseeable future. 
Thus, we maintained the LPN of 2 for both species.
    Newcomb's tree snail (Newcombia cumingi) - We continue to find that 
listing this species is warranted-but-precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Tutuila tree snail (Eua zebrina) - The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on May 11, 2004. A tree-dwelling species, 
the Tutuila tree snail is a member of the Partulidae family of snails, 
and is endemic to American Samoa. The species is known from 32 
populations on the islands of Tutuila, Nuusetoga, and Ofu.
    This species is currently threatened by habitat loss and 
modification and by predation from nonnative predatory snails and rats. 
All live Tutuila tree snails were found on understory vegetation 
beneath remaining intact forest canopy. No snails were found in areas 
bordering agricultural plots or in forest areas that were severely 
damaged by three hurricanes (1987, 1990, and 1991). (See summary for 
the sisi snail, above, regarding impacts of alien weeds and of the rosy 
carnivore snail.) Rats (Rattus spp) have also been shown to devastate 
snail populations, and rat-chewed snail shells have been found at sites 
where the Tutuila snail occurs. At present, the major threat to the 
long-term survival of the native snail fauna in American Samoa is 
predation by nonnative predatory snails and rats. The magnitude of 
threats is high because they result in direct mortality or significant 
population declines to the Tutuila tree snail rangewide. The threats 
are also ongoing and thus are imminent. Therefore, we assigned this 
species an LPN of 2.
    Chupadera springsnail (Pyrgulopsis chupaderae) - We continue to 
find that listing this species is warranted-but-precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted petition 12-month finding.
    Elongate mud meadows springsnail (Pyrgulopsis notidicola) - The 
following summary is based on information contained in our files. No 
new information was provided in the petition received on May 11, 2004. 
Pyrgulopsis notidicola is endemic to Soldier Meadow, which is located 
at the northern extreme of the western arm of the Black Rock Desert in 
the transition zone between the Basin and Range Physiographic Province 
and the Columbia Plateau Province, Humboldt County, Nevada. The type 
locality, and the only known location of the species, occurs in a 
stretch of thermal (between 45\o\ and 32\o\ Celsius, 113\o\ and 90\o\ 
Fahrenheit) aquatic habitat that is approximately 600 m (1,968 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 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 increased staff presence, 
including law enforcement and a volunteer site steward during the 6-
month period of peak visitor use. These conservation measures have 
reduced the magnitude of threat to the species to moderate to low; all 
remaining threats are nonimminent and involve long-term changes to the 
habitat for the species resulting from past impacts. Until a monitoring 
program is in place that allows us to assess the long-term trend of the 
species, we have assigned this species an LPN of 11.
    Gila springsnail (Pyrgulopsis gilae) - The following summary is 
based on information contained in our files and the petition we 
received on November 20, 1985. Also see our 12-month petition finding 
published in the Federal Register on October 4, 1988 (53 FR 38969). The 
Gila springsnail is an aquatic species known from 13 populations in New 
Mexico. Surveys conducted in 2008 located three additional populations 
bringing the total known to 16.
    The long-term persistence of the Gila springsnail is contingent 
upon protection of the riparian corridor and maintenance of flow to 
ensure continuous, oxygenated flowing water within the species' 
required thermal range. Occupied Gila springsnail localities on Federal 
lands surveyed in 2008 are subject to light levels of recreational use 
only at the thermal springs, and overall, recreational activities do 
not appear to be affecting springsnail populations. The level of 
recreational impacts at thermal springs on private lands is unknown. 
Sites visited in 2008 were excluded from grazing. Although elk use at 
some of the springs was evident, the level of impact

[[Page 57840]]

was low. Of greatest concern are the very small size of the isolated 
occupied habitats and the potential effects of climate change. Although 
the effect climate change will have on the springs of the Southwest is 
unpredictable, mean annual temperature in New Mexico has increased by 
0.6 degrees per decade since 1970. Higher temperatures lead to higher 
evaporation rates, increased evapotranspiration, and decreased soil 
moisture which may reduce the amount of groundwater recharge. 
Widespread, long-term drought could affect spring flow quantity and 
quality, negatively affecting the springsnail populations. Based on 
these nonimminent threats that are currently of a low magnitude, we 
retained a listing priority number of 11 for this species.
    Gonzales springsnail (Tryonia circumstriata) - See summary above 
under Diamond Y Spring snail (Pseudotryonia adamantina).
    Huachuca springsnail (Pyrgulopsis thompsoni) - The following is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. The Huachuca 
springsnail inhabits approximately 16 springs and cienegas at 
elevations of 4,500 to 7,200 feet in southeastern Arizona (14 sites) 
and adjacent portions of Sonora, Mexico (2 sites). The springsnail is 
typically found in the shallower areas of springs or cienegas, often in 
rocky seeps at the spring source. Ongoing threats include habitat 
modification and destruction through catastrophic wildfire; drought; 
streamflow alteration; and, potentially, grazing, recreation, military 
activities, and timber harvest. Overall, the threats are moderate in 
magnitude because threats are not occurring throughout the range of the 
species uniformly and not all populations would likely be affected 
simultaneously by any of the known threats. In addition, multiple 
landowners (Forest Service, Fort Huachuca, The Nature Conservancy) are 
including consideration for the springsnail or other co-occurring 
listed species in their activities (e.g., reducing fuel loads, avoiding 
occupied sites during military operations). The threats are ongoing 
and, thus, imminent. Therefore, we have assigned an LPN of 8 to this 
species.
    New Mexico springsnail (Pyrgulopsis thermalis) - We continue to 
find that listing this species is warranted-but-precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted petition 12-month finding.
    Page springsnail (Pyrgulopsis morrisoni) - 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 Page springsnail 
is known to exist only within a complex of springs located within an 
approximately 0.93-mi (1.5-km) stretch along the west side of Oak Creek 
around the community of Page Springs, and within springs located along 
Spring Creek, tributary to Oak Creek, Yavapai County, Arizona. The 
primary threat to the Page springsnail is modification of habitat by 
domestic, agricultural, ranching, fish hatchery, and recreational 
activities. Many of the springs where the species occurs have been 
subjected to some level of such modification. 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. A draft Candidate Conservation Agreement with Assurances 
was published and available for public review and comment on January 
28, 2008. This Agreement should be finalized during 2009, at which time 
we will reassess the LPN to ensure the magnitude and immediacy of 
threats are still appropriately described. 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 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 regarding imminence. However, overall, the threats are 
imminent because modification of the species' habitat by threats other 
than groundwater withdrawal is currently occurring. Therefore, we 
retained an LPN of 2 for the Page springsnail.
    Phantom springsnail (Tyronia cheatumi) - See summary above under 
Phantom Cave snail (Cochliopa texana).
    Three Forks springsnail (Pyrgulopsis trivialis) - We continue to 
find that listing this species is warranted-but-precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted petition 12-month finding.

Insects

    Wekiu bug (Nysius wekiuicola) - The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. The wekiu bug belongs to the 
true bug family, Lygaeidae, and is endemic to the island of Hawaii. 
This species only occurs on the summit of Mauna Kea and feeds upon 
other insect species which are blown to the summit of this large 
volcano. The wekiu bug is primarily threatened by the loss of its 
habitat from astronomy development. In 2004 and early 2005, surveys 
found multiple new locations of the wekiu bug on cinder cones on the 
Mauna Kea summit. Several of these cinder cones within the Mauna Kea 
Science Reserve, as well as two cinder cones located in the State Ice 
Age Natural Area Reserve, are not currently undergoing development nor 
are they the site of any planned development. Thus, the threats, 
although ongoing, do not occur across the entire range of the wekiu 
bug. Because there are occupied locations that are not subject to the 
primary threat of astronomy development, the overall magnitude of the 
threat is moderate. The immediacy of the threats is imminent because 
there are still significant parts of the wekiu bug's range where 
development is occurring. Therefore, we assigned this species an LPN of 
8.
    Mariana eight spot butterfly (Hypolimnas octucula mariannensis) - 
The following summary is based on information contained in our files. 
No new information was provided in the petition we received on May 11, 
2004. The Mariana eight spot butterfly is a nymphalid butterfly species 
that feeds upon two host plants, Procris pedunculata and Elatostema 
calcareum. Endemic to the islands of Guam and Saipan, the species is 
now known from ten populations on Guam. This species is currently 
threatened by predation and parasitism. The Mariana eight spot 
butterfly has extremely high mortality of eggs and larvae due to 
predation by alien ants and wasps. Because the threat of parasitism and 
predation by nonnative insects occurs rangewide and can cause 
significant population declines to this species, they are high in 
magnitude. The threats are imminent because they are ongoing. 
Therefore, we assigned an LPN of 3 for this subspecies.
    Mariana wandering butterfly (Vagrans egestina) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
The Mariana wandering butterfly is a nymphalid butterfly species which

[[Page 57841]]

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 occurs rangewide 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) - See above 
in ``Priority Changes in Candidates.'' The above summary is based on 
information contained in our files and in the petition we received on 
June 15, 2000.
    Sequatchie caddisfly (Glyphopsyche sequatchie) - The following 
summary is based on information in our files. No new information was 
provided in the petition we received on May 11, 2004. The Sequatchie 
caddisfly is known from two spring runs that emerge from caves in 
Marion County, Tennessee - Owen Spring Branch (the type locality) and 
Martin Spring run in the Battle Creek system. In 1998, biologists 
estimated population sizes at 500 to 5000 individuals for Owen Spring 
Branch and 2 to 10 times higher at Martin Spring, due to the greater 
amount of apparently suitable habitat. In spite of greater amounts of 
suitable habitat at the Martin Spring run, Sequatchie caddisflies are 
more difficult to find at this site, and in 2001 (the most recent 
survey) the Sequatchie caddisfly was ``abundant'' at the Owen Spring 
Branch location, while only two individuals were observed at the Martin 
Spring. Threats to the Sequatchie caddisfly include siltation, point 
and nonpoint discharges from municipal and industrial activities and 
introduction of toxicants during episodic events. These threats, 
coupled with the extremely limited distribution of the species, its 
apparent small population size, the limited amount of occupied habitat, 
ease of accessibility, and the annual life cycle of the species, are 
all factors that leave the Sequatchie caddisfly vulnerable to 
extirpation. Therefore, the magnitude of the threat is high. These 
threats are gradual and not necessarily imminent. Based on high-
magnitude, nonimminent threats, we assigned this species a listing 
priority number of 5.
    Clifton cave beetle (Pseudanophthalmus caecus) - The following 
summary is based upon information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Clifton cave beetle is a small, eyeless, reddish-brown predatory insect 
that feeds upon small cave invertebrates. It is cave dependent, and is 
not found outside the cave environment. Clifton cave beetle is only 
known from two privately owned Kentucky caves. Soon after the species 
was first collected in 1963 in one cave, the cave entrance was enclosed 
due to road construction. We do not know whether the species still 
occurs at the original location or if it has been extirpated from the 
site by the closure of the cave entrance. Other caves in the vicinity 
of this cave were surveyed for the species during 1995 to1996 and only 
one additional site was found to support the Clifton Cave beetle. The 
limestone caves in which the Clifton cave beetle is found provide a 
unique and fragile environment that supports a variety of species that 
have evolved to survive and reproduce under the demanding conditions 
found in cave ecosystems. The limited distribution of the species makes 
it vulnerable to isolated events that would only have a minimal effect 
on the more wide-ranging insects. Events such as toxic chemical spills, 
discharges of large amounts of polluted water or indirect impacts from 
off-site construction activities, closure of entrances, alteration of 
entrances, or the creation of new entrances could have serious adverse 
impacts on this species. Therefore, the magnitude of threat is high for 
this species. The threats are nonimminent because there are no known 
projects planned that would affect the species in the near future. We 
therefore have assigned a listing priority number of 5 to this species.
    Icebox cave beetle (Pseudanophthalmus frigidus) - The following 
summary is based upon information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Icebox cave beetle is a small, eyeless, reddish-brown predatory insect 
that feeds upon small cave invertebrates. It is not found outside the 
cave environment, and is only known from one privately owned Kentucky 
cave. The limestone cave in which this species is found provides a 
unique and fragile environment that supports a variety of species that 
have evolved to survive and reproduce under the demanding conditions 
found in cave ecosystems. The species has not been observed since it 
was originally collected, but species experts believe that it may still 
exist in the cave in low numbers. The limited distribution of the 
species makes it vulnerable to isolated events that would only have a 
minimal effect on the more wide-ranging insects. Events such as toxic 
chemical spills or discharges of large amounts of polluted water, or 
indirect impacts from off-site construction activities, closure of 
entrances, alteration of entrances, or the creation of new entrances, 
could have serious adverse impacts on this species. Therefore, the 
magnitude of threat is high for this species because it is limited in 
distribution and the threats would result in mortality or reduced 
reproductive capacity. The threats are nonimminent because there are no 
known projects planned that would affect the species in the near 
future. We therefore have assigned an LPN of 5 to this species.
    Inquirer cave beetle (Pseudanophthalmus inquisitor) - The following 
summary is based upon information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
The inquirer cave beetle is a fairly small, eyeless, reddish-brown 
predatory insect that feeds upon small cave invertebrates. It is not 
found outside the cave environment, and is only known from one 
privately owned Tennessee cave. The limestone cave in which this 
species is found provides a unique and fragile environment that 
supports a variety of species that have evolved to survive and 
reproduce under the demanding conditions found in cave ecosystems. The 
species was last observed in 2006. The limited distribution of the 
species makes it vulnerable to isolated events that would only have a 
minimal effect on the more wide-ranging insects. The area around the 
only known site for the species is in a rapidly expanding urban area. 
The entrance to the cave is protected by the landowner through a 
cooperative management agreement with the Service, The Nature 
Conservancy, and Tennessee Wildlife Resources Agency; however, a 
sinkhole that drains into the cave system is located away from the 
protected entrance and is near a highway. Events such as toxic chemical 
spills, discharges of large amounts of polluted water or indirect 
impacts from off-site construction activities could adversely affect 
the species and the cave habitat. The magnitude of threat is high for 
this species because it is limited in distribution and the threats 
would have negative impacts on its continued existence. The threats are 
nonimminent because there are no known projects planned that would 
affect the species in the near future and it receives some

[[Page 57842]]

protection under a cooperative management agreement. We therefore have 
assigned a listing priority number of 5 to this species.
    Louisville cave beetle (Pseudanophthalmus troglodytes) - The 
following summary is based upon information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. The Louisville cave beetle is a small, eyeless, reddish-brown 
predatory insect that feeds upon cave invertebrates. It is not found 
outside the cave environment, and is only known from two privately 
owned Kentucky caves. The limestone caves in which this species is 
found provide a unique and fragile environment that supports a variety 
of species that have evolved to survive and reproduce under the 
demanding conditions found in cave ecosystems. The limited distribution 
of the species makes it vulnerable to isolated events that would only 
have a minimal effect on the more wide-ranging insects. Events such as 
toxic chemical spills, discharges of large amounts of polluted water or 
indirect impacts from off-site construction activities, closure of 
entrances, alteration of entrances, or the creation of new entrances 
could have serious adverse impacts on this species. The magnitude of 
threat is high for this species, because it is limited in distribution 
and the threats would have negative impacts on the species. The threats 
are nonimminent because there are no known projects planned that would 
affect the species in the near future. We therefore have assigned an 
LPN of 5 to this species.
    Tatum Cave beetle (Pseudanophthalmus parvus) - The following 
summary is based upon information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Tatum Cave beetle is a small, eyeless, reddish-brown predatory insect 
that feeds upon cave invertebrates. It is not found outside the cave 
environment, and is only known from one privately owned Kentucky cave. 
The limestone cave in which this species is found provides a unique and 
fragile environment that supports a variety of species that have 
evolved to survive and reproduce under the demanding conditions found 
in cave ecosystems. The species has not been observed since 1965, but 
species experts believe that it still exists in low numbers. The 
limited distribution of the species makes it vulnerable to isolated 
events that would only have a minimal effect on the more wide-ranging 
insects. Events such as toxic chemical spills or discharges of large 
amounts of polluted water, or indirect impacts from off-site 
construction activities, closure of entrances, alteration of entrances, 
or the creation of new entrances could have serious adverse impacts on 
this species. The magnitude of threat is high for this species, because 
its limited numbers mean that any threats could affect its continued 
existence. The threats are nonimminent because there are no known 
projects planned that would affect the species in the near future. We 
therefore have assigned an LPN of 5 to this species.
    Taylor's (Whulge, Edith's) checkerspot butterfly (Euphydryas editha 
taylori) - The following summary is based on information contained in 
our files and in the petition received on December 11, 2002. 
Historically, the Taylor's checkerspot butterfly was known from 70 
locations: 23 in British Columbia, 34 in Washington, and 13 in Oregon. 
Based on the results of surveys during the 2008 flight period, 
butterflies were detected in just 8 populations. The total number of 
Taylor's checkerspot butterflies was considerably reduced in current 
surveys with approximately 2,300 individuals observed rangewide. The 
latest decline observed was from the Fort Lewis population where fewer 
than 200 butterflies were counted. Currently, just five populations had 
butterflies in flight in Washington, two in the Willamette Valley of 
Oregon, and one on Denman Island, British Columbia, Canada. A new 
population was observed on the Olympic National Forest.
    Threats include degradation and destruction of native grasslands 
due to agriculture, residential and commercial development, 
encroachment by nonnative plants, succession from grasslands to native 
shrubs and trees, and fire. The threat of military training has greatly 
increased during the past year and the site where Taylor's checkerspot 
were known to thrive on Fort Lewis was severely affected by Armored 
Vehicle training. The outcome of the training's effect will not be 
determined until after this year's monitoring has been completed.
    Bacillus thuringiensis var. kurstake (Btk) was routinely applied 
for Asian gypsy moth control in Pierce County, Washington for many 
years. This pesticide is documented to have deleterious effects on non-
target lepidopteron species, including all moths and butterflies. 
Because of the timing and close proximity of the Btk application to 
native prairies where Taylors' checkerspot adults, or their larvae, 
were historically known to occur, it is likely that the spraying 
contributed to the extirpation of the subspecies at three locations in 
Pierce County, Washington.
    The grassland ecosystem on which this subspecies depends requires 
annual management to maintain suitable grassland habitat for the 
species. Important threats include changes to the structure and 
composition of prairie habitat brought on by the invasion of shrubs and 
trees (Scot's broom and Douglas-fir) or nonnative pasture grasses that 
quickly invade prairies when processes like fire, or its surrogate 
mowing, do not take place. Threats also include the loss of prairies to 
development or the conversion of native grasslands to agriculture. 
Vehicle and foot traffic that crushes larvae and larval host plants on 
roads where host plants have become established are also threats; these 
areas act as a mortality sink at several of the north Olympic Peninsula 
sites.
    These changes to prairie habitat threaten Taylor's checkerspot by 
degrading prairie habitat and making it unsuitable for the butterfly. 
The threats that lead to habitat degradation and loss are ubiquitous, 
occurring rangewide, and affect the survival of the subspecies. 
Therefore, the threats are high in magnitude. The threats are imminent 
because they are ongoing and occur simultaneously at all of the known 
locations for the subspecies. Based on the high magnitude and the 
imminent nature of threats, we continue to assign the Taylor's 
checkerspot butterfly a listing priority number of 3.
    Blackline Hawaiian damselfly (Megalagrion nigrohamatum 
nigrolineatum) - We continue to find that listing this species is 
warranted-but-precluded as of the date of publication of this notice. 
However, we are working on a proposed listing rule that we expect to 
publish prior to making the next annual resubmitted petition 12-month 
finding.
    Crimson Hawaiian damselfly (Megalagrion leptodemas) - We continue 
to find that listing this species is warranted-but-precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted petition 12-month finding.
    Oceanic Hawaiian damselfly (Megalagrion oceanicum) - We continue to 
find that listing this species is warranted-but-precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted petition 12-month finding.
    Orangeblack Hawaiian damselfly (Megalagrion xanthomelas) - The

[[Page 57843]]

following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. The orangeblack Hawaiian damselfly is a stream-dwelling species 
endemic to the Hawaiian Islands of Kauai, Oahu, Molokai, Maui, Lanai, 
and Hawaii. The species no longer is found on Kauai, and is now 
restricted to 16 populations on the islands of Oahu, Maui, Molokai, 
Lanai, and Hawaii. This species is threatened by predation from alien 
aquatic species such as fish and predacious insects, and habitat loss 
through dewatering of streams and invasion by nonnative plants. 
Nonnative fish and insects prey on the naiads of the damselfly, and 
loss of water reduces the amount of suitable naiad habitat available. 
Invasive plants (e. g., California grass (Brachiaria mutica)) also 
contribute to loss of habitat by forming dense, monotypic stands that 
completely eliminate any open water. Nonnative fish and plants are 
found in all the streams the orangeblack damselfly occur in, except the 
Oahu location, where there are no nonnative fish. We assigned this 
species an LPN of 8 because, although the threats are ongoing and 
therefore imminent, they affect the survival of the species in varying 
degrees throughout the range of the species and are of moderate 
magnitude.
    Picture-wing fly (Drosophila digressa) - The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004, but new 
information was provided by one Drosophila expert in 2006. This 
picture-wing fly, a member of the family Drosophilidae, feeds only upon 
species of Charpentiera, and is endemic to the Hawaiian Island of 
Hawaii. Never abundant in number of individuals observed, D. digressa 
was originally known from 5 population sites and may now be limited to 
as few as 1 or 2 sites. Due to the small population size of the species 
and its small known habitat area, Drosophila researchers believe this 
species and its habitat are particularly vulnerable to a myriad of 
threats. Feral ungulates (pigs, goats, and cattle) degrade and destroy 
D. digressa host plants and habitat by directly trampling plants, 
facilitating erosion, and spreading nonnative plant seeds. Nonnative 
plants degrade host plant habitat and compete for light, space, and 
nutrients. Direct predation of D. digressa by nonnative social insects, 
particularly yellow jacket wasps, is also a serious threat. 
Additionally, this species faces competition at the larval stage from 
nonnative tipulid flies, which feed within the same portion of the 
decomposing host plant area normally occupied by the D. digressa larvae 
during their development with a resulting reduction in available host 
plant material. Because the threats to the native forest habitat of D. 
digressa, and to individuals of this species, occur throughout its 
range and are expected to continue or increase unless efforts at 
control or eradication are undertaken, they are high in magnitude. In 
addition, because of the limited distribution and small population of 
the species, any of the threats would significantly impair survival of 
the species. The threats are also imminent, because they are ongoing. 
No known conservation measures have been taken to date to specifically 
address these threats, and we have therefore assigned this species an 
LPN of 2.
    Stephan's riffle beetle (Heterelmis stephani) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition received on May 11, 2004. The 
Stephan's riffle beetle is an endemic riffle beetle found in limited 
spring environments within the Santa Rita Mountains, Pima County, 
Arizona. The beetle is known from Sylvester Spring in Madera Canyon, 
within the Coronado National Forest. Threats to that spring are largely 
from habitat modification - from recreational activities in the springs 
and potential changes in water quality and quantity due to catastrophic 
natural events and climate change. The threats are of low to moderate 
magnitude based on our current knowledge of the permanence of threats 
and the likelihood that the species will persist in areas that are 
unaffected by the threats. Although the threats from climate change are 
expected to occur over many years, the threats from recreational use 
are ongoing. Therefore, the threats are imminent. Thus, we retained an 
LPN of 8 for the Stephan's riffle beetle.
    Dakota skipper (Hesperia dacotae) - The following summary is based 
on information contained in our files, including information from the 
petition received on May 12, 2003. The Dakota skipper is a small- to 
mid-sized butterfly that inhabits high-quality tallgrass and mixed 
grass prairie in Minnesota, North Dakota, South Dakota, and the 
provinces of Manitoba and Saskatchewan in Canada. The species is 
presumed to be extirpated from Iowa and Illinois and from many sites 
within occupied States.
    The Dakota skipper is threatened by degradation of its native 
prairie habitat by overgrazing, invasive species, gravel mining, and 
herbicide applications; inbreeding, population isolation, and 
prescribed fire threatens some populations. Prairie succeeds to 
shrubland or forest without periodic fire, grazing, or mowing; thus, 
the species is also threatened at sites where such disturbances are not 
applied. The Service and other federal agencies, state agencies, the 
Sisseton-Wahpeton Sioux Tribe, and some private organizations (e.g., 
The Nature Conservancy) protect and manage some Dakota skipper sites. 
Proper management is always necessary to ensure its persistence, even 
at protected sites. The species may be secure at a few sites where 
public and private landowners manage native prairie in ways that 
conserve Dakota skipper, but approximately half of the inhabited sites 
are privately owned with little or no protection. A few private sites 
are protected from conversion by easements, but these do not prevent 
adverse effects from overgrazing. Overall, the threats are moderate in 
magnitude because they are not occurring rangewide and have a moderate 
effect on the viability of the species. They are, however, ongoing and 
therefore imminent, particularly on private lands. Thus, we assigned a 
LPN of 8 to this species.
    Mardon skipper (Polites mardon) - The following summary is based on 
information contained in our files and the petition we received on 
December 24, 2002. The Mardon skipper is a northwestern butterfly with 
a disjunct range. Currently this species is known from four widely 
separated regions: south Puget Sound region, southern Washington 
Cascades, Siskiyou Mountains of southern Oregon, and coastal 
northwestern California/southern Oregon. The number of documented 
locations for the species has increased from fewer than 10 in 1997 to 
more than 130 rangewide in 2009. New site locations have been 
documented in each year that targeted surveys have been conducted since 
1999. In the past 9 years, significant local populations have been 
located in the Washington Cascades and in Southern Oregon, with a few 
local sites supporting populations of hundreds of Mardon skippers.
    The Mardon skipper spends its entire life cycle in one location, 
often on the same grassland patch. The dispersal ability of Mardon 
skipper is restricted. Threats to the Mardon skipper include direct 
impacts to individuals and local populations by off-road vehicle use, 
livestock grazing, and pesticide drift. Habitat destruction or 
modification through conifer encroachment, invasive nonnative plants, 
roadside maintenance, and grassland/meadow management

[[Page 57844]]

activities such as prescribed burning and mowing are also threats. 
However, these threats have been substantially reduced due to 
protections provided by State and Federal special status species 
programs. The magnitude of the threats is moderate because current 
regulatory mechanisms associated with State and Federal special status 
species programs afford a relatively high level of protection from 
additional habitat loss or destruction across most of the species' 
range. Threats are imminent because all sites within the species' range 
currently have one or more identified threats that are resulting in 
direct impacts to individuals within the populations, or a gradual loss 
or degradation of the species' habitats. Mardon skippers face a variety 
of threats that may occur at any time at any of the locations. Low 
numbers of individuals have been found at most of the known locations. 
Only a few locations are known to harbor greater than 100 individuals, 
and specific locations could easily be lost by changes in vegetation 
composition or from the threat of wildfire. The great distances between 
the known locations for the species would not allow for dispersal of 
the species between populations; thus, loss of any population could 
lead to extirpation of the species at any of these locations. However, 
the discovery of new populations and the wide geographic range for the 
Mardon skipper provides a buffer against threats that could destroy all 
existing habitat simultaneously or jeopardize the continued existence 
of the species. Thus, based on imminent threats of moderate magnitude, 
we assigned an LPN of 8 to this species.
    Coral Pink Sand Dunes tiger beetle (Cicindela limbata albissima) - 
The following summary is based on information contained in our files, 
including information from the petition we received on April 21, 1994. 
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 approximately 234 hectares (577 
acres) of protected habitat within the dune field, situated at an 
elevation of about 1,820 meters (6,000 feet). Continuing drought is 
negatively affecting tiger beetle populations. Drought conditions have 
suppressed the beetle's reproductive capabilities. The continued 
survival of the beetle depends on the preservation of its habitat and 
favorable rainfall amounts. In addition, the beetle's habitat is being 
adversely affected by ongoing, recreational off-road vehicle use that 
is limiting expansion of the species. The two agencies that manage the 
dune field, the Utah Department of Parks and Recreation and the Bureau 
of Land Management, have restricted recreational off-road vehicle use 
in some areas, which reduces impacts. However, continued drought may 
prevent the population from increasing in size. The beetle's population 
also is vulnerable to over-collecting by professional and hobby tiger 
beetle collectors. We have retained an LPN of 2 for this species 
primarily due to the high magnitude and imminence of drought 
conditions.
    Highlands tiger beetle (Cicindela highlandensis) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
The Highlands tiger beetle is narrowly distributed and restricted to 
areas of bare sand within scrub and sandhill on ancient sand dunes of 
the Lake Wales Ridge in Polk and Highlands Counties, Florida. Adult 
tiger beetles have been found at 40 sites from near Haines City south 
to Josephine Creek. In 2004-2005 surveys, a total of 1,574 adults were 
found at 40 sites, compared with 643 adults at 31 sites in 1996, 928 
adults at 31 sites in 1995, and 742 adults at 21 sites in 1993. Of the 
40 sites in the 2004-2005 surveys with one or more adults, results 
ranged from 3 sites with large populations of over 100 adults, to 13 
sites with fewer than 10 adults. Results from a limited removal study 
at four sites 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, habitat loss and fragmentation, 
and small and isolated populations pose serious threats to this 
species. Over-collection and pesticide use are additional concerns. 
Because this species is narrowly distributed with specific habitat 
requirements and small populations, any of the threats could have a 
significant impact on the survival of the species. Therefore, the 
magnitude of threats is high. Although the majority of its historical 
range has been lost, degraded, and fragmented, numerous sites are 
protected and land managers are implementing prescribed fire at some 
sites; these actions are expected to restore habitat and help reduce 
threats and have already helped stabilize and improve the populations. 
Overall, the threats are nonimminent. Therefore, we assigned the 
Highlands tiger beetle an LPN of 5.

Arachnids

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

Crustaceans

    Anchialine pool shrimp (Metabetaeus lohena) - The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Metabetaeus 
lohena is an anchialine pool-inhabiting species of shrimp belonging to 
the family Alpheidae. This species is endemic to the Hawaiian Islands 
and is currently known from populations on the islands of Oahu, Maui, 
and Hawaii. The primary threats to this species are predation by fish 
(which do not naturally occur in the pools inhabited by this species) 
and habitat loss from degradation (primarily from illegal trash 
dumping). The pools where this species occurs on the islands of Maui 
and Hawaii 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. However, enforcement of 
collection and disturbance prohibitions is difficult, and the negative 
effects from the introduction of fish are extensive and happen quickly. 
In addition, 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. Therefore, threats to this species could have a 
significant adverse effect on the survival of the species, and are of a 
high magnitude. However, the primary

[[Page 57845]]

threats of predation from fish and loss of habitat due to degradation 
are nonimminent overall, because on the islands of Maui and Hawaii no 
fish were observed in any of the pools where this species occurs and 
there has been no documented trash dumping in these pools. Only one 
site on Oahu had a trash dumping instance, and in that case the trash 
was cleaned up immediately and the species subsequently observed. No 
additional dumping events are known to have occurred. Therefore, we 
assigned this species an LPN of 5.
    Anchialine pool shrimp (Palaemonella burnsi) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Palaemonella burnsi is an anchialine pool-inhabiting species of shrimp 
belonging to the family Palaemonidae. This species is endemic to the 
Hawaiian Islands and is currently known from 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 (primarily from illegal trash dumping). The pools where 
this species occurs on Maui are located within a State Natural Area 
Reserve (NAR). Hawaii's State statutes prohibit the collection of the 
species and the disturbance of the pools in State NARs. On the island 
of Hawaii, the species occurs within a National Park, and collection 
and disturbance are also prohibited. However, enforcement of these 
prohibitions is difficult, and the negative effects from the 
introduction of fish are extensive and happen quickly. Therefore, 
threats to this species could have a significant adverse effect on the 
survival of the species, and are of a high magnitude. However, the 
threats are nonimminent, because surveys in 2004 and 2007 did not find 
fish in the pools where these shrimp occur on Maui or the island of 
Hawaii. Also, there was no evidence of recent habitat degradation at 
those pools. We assigned this species an LPN of 5.
    Anchialine pool shrimp (Procaris hawaiana) - The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Procaris hawaiana 
is an anchialine pool-inhabiting species of shrimp belonging to the 
family Procarididae. This species is endemic to the Hawaiian Islands, 
and is currently known from two 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 
(primarily from illegal trash dumping). The pools where this species 
occurs on Maui are located within a State Natural Area Reserve (NAR). 
Hawaii's State statutes prohibit the collection of the species and the 
disturbance of the pools in State NARs. However, enforcement of these 
prohibitions is difficult and the negative effects from the 
introduction of fish are extensive and happen quickly. In addition, 
there are no 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 could have a significant adverse 
effect on the survival of the species, and thus remain at a high 
magnitude. However, the threats to the species are nonimminent because, 
during 2004 and 2007 surveys, no fish were observed in the pools where 
these shrimp occur on Maui, and no fish were observed in the one pool 
on the island of Hawaii during a site visit in 2005. In addition, there 
were no signs of trash dumping or fill in any of the pools where the 
species occurs. Therefore, we assigned this species an LPN of 5.
    Anchialine pool shrimp (Vetericaris chaceorum) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Vetericaris chaceorum is an anchialine pool-inhabiting species of 
shrimp belonging to the family Procarididae; it is the only species in 
its genus. This species is endemic to the Hawaiian Islands, and is only 
known from one population in a single pool on the island of Hawaii. The 
primary threats to this species are predation from nonnative fish and 
habitat degradation (primarily by contamination from illegal trash 
dumping). This species would be highly vulnerable to predation by any 
intentionally or accidentally introduced fish, or contamination from 
illegal dumping into its single known location. This pool lies within 
lands administered by the State of Hawaii Department of Hawaiian Home 
Lands. The threats to V. chaceorum from habitat degradation and 
destruction, as well as from predation by nonnative fish are of high 
magnitude, because this species occurs in only one pool; thus the 
threats could significantly impair the survival of the species. All 
individuals of this species may be adversely affected 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 but nonimminent, and the species is 
in a monotypic genus.

Flowering Plants

    Abronia alpina (Ramshaw Meadows sand-verbena) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Abronia alpina is a small perennial herb, 2.5 to 15.2 centimeters (1 to 
6 inches) across forming compact mats with lavender-pink, trumpet-
shaped, and generally 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 surveyed in 2007.
    The factors currently threatening Abronia alpina include natural 
and human habitat alteration, hydrologic changes to the water table, 
and recreational use within meadow habitats. Lodgepole pine 
encroachment has altered the meadow and trees are becoming established 
within A. alpina habitat. Lodgepole pine encroachment may alter soil 
characteristics by increasing organic matter levels, decreasing 
porosity, and moderating diurnal temperature fluctuations thus reducing 
the competitive ability of A. alpina to persist in an environment more 
hospitable to other plant species. The Ramshaw Meadow ecosystem is 
subject to potential alteration by lowering of the water table due to 
downcutting of the South Fork of the Kern River (SFKR). The SFKR flows 
through Ramshaw Meadow and at times comes 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

[[Page 57846]]

SFKR. Drying out of the meadow system could potentially affect A. 
alpina pollinators and 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 moratorium on the Templeton allotment that 
prohibits cattle from all A. alpina locations. The Service is funding 
studies to determine appropriate conservation measures and working with 
the U.S. Forest Service on developing a conservation strategy for the 
species. The threats are of a low magnitude and nonimminent because of 
the conservation actions already implemented. We continue to assign an 
LPN of 11 for A. alpina based on nonimminent threats of moderate to low 
magnitude.
    Arabis georgiana (Georgia rockcress) - The following summary is 
based on information in our files. No new information was provided in 
the petition we received on May 11, 2004. The Georgia rockcress grows 
in a variety of dry situations, including shallow soil accumulations on 
rocky bluffs, ecotones of gently sloping rock outcrops, and in sandy 
loam along eroding river banks. It is occasionally found in adjacent 
mesic woods, but it will not persist in heavily shaded conditions. 
Currently, approximately 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, 
rather than outright habitat destruction, is the most serious threat to 
the continued existence of this species. Disturbance associated with 
timber harvesting, road building, and grazing has created favorable 
conditions for the invasion of exotic weeds, especially Japanese 
honeysuckle (Lonicera japonica), in this species' habitat. A large 
number of the populations are currently or potentially threatened by 
the presence of exotics. The heritage programs in Alabama and Georgia 
have initiated plans for exotic control at several populations. The 
magnitude of threats to this species is moderate to low due to the 
number of populations (20) across multiple counties in two states and 
due to the fact that several sites are protected. However, since a 
number of the populations are currently being affected by nonnative 
plants, the threat is imminent. Thus, we assigned an LPN of 8 to this 
species.
    Argythamnia blodgettii (Blodgett's silverbush) - The following 
summary is based on information in our files. No new information was 
provided in the petition we received on May 11, 2004. Blodgett's 
silverbush occurs in Florida and is found in open, sunny areas in pine 
rockland, edges of rockland hammock, edges of coastal berm, and 
sometimes disturbed areas at the edges of natural areas. Plants can be 
found growing from crevices on limestone, or on sand. The pine rockland 
habitat where the species occurs in Miami-Dade County and the Florida 
Keys requires periodic fires to maintain habitat with a minimum amount 
of hardwoods. There are approximately 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. The estimated population size of Blodgett's silverbush in 
the Florida Keys, excluding Big Pine Key, is roughly 11,000; the 
estimated population in Miami-Dade County is 375 to 13,650 plants.
    Blodgett's silverbush is threatened by habitat loss, which is 
exacerbated by habitat degradation due to fire suppression, the 
difficulty of applying prescribed fire to pine rocklands, and threats 
from exotic plants. Remaining habitats are fragmented. Threats such as 
road maintenance and enhancement, infrastructure, and illegal dumping 
threaten some occurrences. Blodgett's silverbush is vulnerable to 
natural disturbances, such as hurricanes, tropical storms, and storm 
surges. Climatic change, particularly sea-level rise, is a long-term 
threat that is expected to continue to affect pine rocklands and 
ultimately reduce the extent of available habitat, especially in the 
Keys. Overall, the magnitude of threats is moderate because not all of 
the occurrences are affected by the threats. In addition, land managers 
are aware of the threats from exotic plants and lack of fire, and are, 
to some extent, working to reduce this threat where possible. While 
some of the threats are occurring in some areas, the threat from 
development is nonimminent since most occurrences are on public land, 
and sea-level rise is not currently affecting this species. Overall, 
the threats are nonimminent. Thus, we assigned an LPN of 11 to this 
species.
    Artemisia campestris var. wormskioldii (Northern wormwood) - The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. Historically known from eight sites, northern wormwood is 
currently known from two populations in Klickitat and Grant Counties, 
Washington. This plant is restricted to exposed basalt, cobbly-sandy 
terraces, and sand habitat along the shore and on islands in the 
Columbia River. The two populations are separated by 200 miles (322 
kilometers) of the Columbia River and three large hydroelectric dams. 
The Klickitat County population is declining; the status is unclear for 
the Grant County population; however, both are vulnerable to 
environmental variability. Surveys have not detected any additional 
plants.
    Threats to northern wormwood include direct loss of habitat through 
regulation of water levels in the Columbia River and placement of 
riprap along the river bank; human trampling of plants from recreation; 
competition with nonnative invasive species; burial by wind- and water-
borne sediments; small population sizes; susceptibility to genetic 
drift and inbreeding; and the potential for hybridization with two 
other species of Artemisia. Ongoing conservation actions have reduced 
trampling, but have not eliminated or reduced the other threats at the 
Grant County site. Active conservation measures are not currently in 
place at the Miller Island site. The magnitude of threat is high for 
this subspecies because, although the two remaining populations are 
widely separated and distributed, one or both populations could be 
eliminated by a single disturbance. The threats are imminent because 
recreational use is ongoing, invasive nonnative species occur at both 
sites, erosion of the substrate is ongoing at the Klickitat County 
site, and high water flows are random, naturally occurring events that 
may occur unpredictably in any year. Therefore, we have retained an LPN 
of 3 for this subspecies.
    Astragalus tortipes (Sleeping Ute milkvetch) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Sleeping Ute milkvetch is a perennial plant that grows only on the 
Smokey Hills layer of the Mancos Shale Formation on the Ute Mountain 
Ute Indian Reservation in Montezuma County, Colorado. In 2000, 3,744 
plants were recorded at 24 locations covering 500 acres within an 
overall range of 64,000 acres. Available information from 2000 
indicates that the species remains stable. Previous and ongoing

[[Page 57847]]

threats from borrow pit excavation, off-highway vehicles, irrigation 
canal construction, and a prairie dog colony have had minor impacts 
that reduced the range and number of plants by small amounts. Off-
highway vehicle use of the habitat has reportedly been controlled by 
fencing. Oil and gas development is active in the general area, but the 
Service has received no information to indicate whether there is 
development within plant habitat. The Tribe reported this year that the 
status of the species remains unchanged, the population is healthy, and 
that a management plan for the species is currently in draft form. 
Despite these positive indications, we have no documentation concerning 
the current status of the plants, condition of habitat, and terms of 
the species management plan being drafted by the Tribe. Thus, at this 
time we cannot accurately assess whether populations are being 
adequately protected from previously existing threats. The threats are 
moderate in magnitude, since they have had minor impacts and, based on 
information we have, the population appears to be stable. Until the 
management plan is completed and made available, there are no 
regulatory mechanisms in place to protect the species. Overall, we 
conclude threats are nonimminent. Therefore, we assigned an LPN of 11 
to this species.
    Bidens amplectens (Kookoolau) - We continue to find that listing 
this species is warranted-but-precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 
petition 12-month finding.
    Bidens campylotheca ssp. pentamera (Kookoolau) - We continue to 
find that listing this species is warranted-but-precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted petition 12-month finding.
    Bidens campylotheca ssp. waihoiensis (Kookoolau) - We continue to 
find that listing this species is warranted-but-precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted petition 12-month finding.
    Bidens conjuncta (Kookoolau) - We continue to find that listing 
this species is warranted-but-precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 
petition 12-month finding.
    Bidens micrantha ssp. ctenophylla (Kookoolau) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
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 wild 
populations are restricted to an area of less than 10 square miles (26 
square kilometers). Bidens micrantha ssp. ctenophylla is known from 
four wild and four outplanted populations totaling approximately 130 to 
140 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 rangewide, they threaten the continued 
existence of the species, and no efforts for their control have been 
undertaken. 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 is 
known to exist; 15 other occurrences contain less than 100 individuals. 
Eleven occurrences are on conservation lands. Climatic changes and sea-
level rise are long-term threats that will reduce the extent of 
habitat. This species is threatened by habitat loss, which is 
exacerbated by habitat degradation due to fire suppression, the 
difficulty of applying prescribed fire to pine rocklands, and threats 
from exotic plants. Remaining habitats are fragmented. The species is 
vulnerable to natural disturbances, such as hurricanes, tropical 
storms, and storm surges. Due to its restricted range and the small 
sizes of most isolated occurrences, this species is vulnerable to 
environmental (catastrophic hurricanes), demographic (potential 
episodes of poor reproduction), and genetic (potential inbreeding 
depression) threats. Ongoing conservation efforts include projects 
aimed at facilitating restoration and management of privately owned 
pine rockland habitats in Miami-Dade County and projects to restore 
suitable habitat and reintroduce and establish new populations of the 
plants in pine rocklands. The Service is also pursuing additional 
habitat restoration projects, which could help further improve the 
status of the species. Because of these efforts, the overall magnitude 
of threats is moderate. The threats are ongoing and thus imminent. We 
assigned this species an LPN of 8.
    Calamagrostis expansa (Maui reedgrass) - The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. 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. Its 
historical status is unknown on Hawaii. Currently, this species is 
known from 11 populations totaling approximately 230 individuals on 
Maui, and was recently discovered in nine populations totaling 
approximately 350 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, 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 at all of the populations on the island of Hawaii. Therefore, 
overall 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 (ohia-uki) montane wet bog or 
Metrosideros-Rhynchospora-Oreobolus (ohia-kuolohia-oreobolus) mixed bog 
on Maui, Hawaii. This species is known from two populations of fewer 
than 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 that degrade and destroy 
habitat and nonnative plants that outcompete and displace it. A portion 
of one population is protected

[[Page 57848]]

by an ungulate exclosure fence while the second 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. The threats are high in magnitude because they result in 
direct mortality or significantly negatively affect the reproductive 
capacity of this species. Therefore, we retained an LPN of 2 for this 
species.
    Calochortus persistens (Siskiyou mariposa lily) - The following 
summary is based on information contained in our files and the petition 
we received on September 10, 2001. The Siskiyou mariposa lily is a 
narrow endemic that is restricted to three disjunct ridge tops in the 
Klamath-Siskiyou Range on the California-Oregon border. The southern-
most occurrence of this species is composed of nine separate sites on 
approximately 10 hectares (ha) (24.7 acres (ac)) of Klamath National 
Forest and privately owned lands that stretch for 6 kilometers (km) 
(3.7 miles (mi)) along the Gunsight-Humbug Ridge, Siskiyou County, 
California. In 2007, a new occurrence was confirmed in the locality of 
Cottonwood Peak and Little Cottonwood Peak, Siskiyou County, where 
several populations are distributed over 164 ha (405 ac) on four 
individual mountain peaks in the Klamath National Forest and on private 
lands. The northern-most occurrence consists of not more than five 
Siskiyou mariposa lily plants that were discovered in 1998, on Bald 
Mountain, west of Ashland, Jackson County, Oregon.
    Major threats include competition and shading by native and 
nonnative species fostered by suppression of wild fire; increased fuel 
loading and subsequent risk of wild fire; fragmentation by roads, fire 
breaks, tree plantations, and radio-tower facilities; maintenance and 
construction around radio towers and telephone relay stations located 
on Gunsight Peak and Mahogany Point; and soil disturbance, direct 
damage, and exotic weed and grass species introduction as a result of 
heavy recreational use and construction of fire breaks. Dyer's woad 
(Isatis tinctoria), an invasive, nonnative plant that may prevent 
germination of Siskiyou mariposa lily seedlings, is now found 
throughout the southern-most California occurrence, affecting 75 
percent of the known lily habitat on Gunsight-Humbug Ridge. Forest 
Service staff and the Klamath-Siskiyou Wildlands Center cite 
competition with dyer's woad as a significant and chronic threat to the 
survival of Siskiyou mariposa lily.
    The combination of restricted range, extremely low numbers (five 
plants) in one of three disjunct populations, poor competitive ability, 
short seed dispersal distance, slow growth rates, low seed production, 
apparently poor survival rates in some years, herbivory, and 
competition from exotic plants threaten the continued existence of this 
species. These threats are of high magnitude because of their potential 
to negatively affect the overall survival of the species. Because the 
threats of competition from exotic plants are being addressed, they are 
not anticipated to overwhelm a large portion of the species' range in 
the immediate future, and the threats from low seed production and 
survival are longer-term threats, overall the threats are nonimminent. 
Therefore, we assigned a listing priority number of 5 to this species.
    Canavalia pubescens (Awikiwiki) - The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Awikiwiki is a perennial 
climber found in open lava fields and lowland dryland forest on Maui 
and Lanai, and is possibly on the island of Niihau, Hawaii. This 
species is known from five populations totaling a little over 200 
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). Fire is a possible threat at the Keokea population on 
Maui. 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. Fire is a nonimminent threat. 
Therefore, we retained an LPN of 2 for this species.
    Castilleja christii (Christ's paintbrush) - The following summary 
is based on information contained in our files and the petition we 
received on January 2, 2001. Castilleja christii is found in one 
population covering approximately 85 ha (220 ac) on the summit of Mount 
Harrison in Cassia County, Idaho. This endemic species is considered a 
hemiparasite (dependent on the health of their surrounding native plant 
community), and it grows in association with subalpine meadow and 
sagebrush habitats. The population may be large (greater than 10,000 
individual plants); however, the species is considered to be subject to 
large variations in annual abundance and an accurate current population 
estimate is not available. Monitoring indicates that reproductive stems 
per plant and plant density declined between 1995 and 2007.
    The primary threat to the species is the nonnative invasive plant 
smooth brome (Bromus inermis). Despite cooperative Forest Service and 
Service efforts to control smooth brome in 2005, 2006, and 2007, it 
still persists and has increased in some C. christii habitats. Other 
threats to C. christii from recreational use and livestock trespass 
appear to be mostly seasonal and affect only a small portion of the 
population, although they too are imminent. The magnitude of the 
threats to this species is moderate at this time because although the 
smooth brome control efforts have not eliminated the invasive plant, 
the Service and Forest Service are continuing their efforts in order to 
protect this potentially large population of plants. The threat from 
smooth brome is imminent because the threat still persists at a level 
that affects the native plant communities that provide habitat for C. 
christii. Thus, we assign an LPN of 8 to this species.
    Chamaecrista lineata var. keyensis (Big Pine partridge pea) -The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. This pea is endemic to the lower Florida Keys, and restricted to 
pine rocklands, hardwood hammock edges, and roadsides and firebreaks 
within these ecosystems. Historically, it was known from Big Pine, 
Cudjoe, No Name, Ramrod, and Little Pine Keys (Monroe County, Florida). 
In 2005, a small population was detected on lower Sugarloaf Key, but 
this population was apparently extirpated later in 2005, due to the 
effects of Hurricane Wilma. It presently occurs on Big Pine Key, with a 
very small population on Cudjoe Key. It is fairly well distributed in 
Big Pine Key pine rocklands, which encompass approximately 580 hectares 
(1,433 acres), approximately 360 hectares (890 acres) of which are 
within the Service's National Key Deer Refuge (NKDR). Over 80 percent 
of the population probably exists on NKDR, with the remainder 
distributed among State, County, and private properties. Hurricane 
Wilma (October 2005) resulted in a storm surge that covered most of Big 
Pine Key with sea water. The surge reduced the population by as much as 
95 percent in some areas.
    Pine rockland communities are maintained by relatively frequent 
fires. In the absence of fire, shrubs and trees

[[Page 57849]]

encroach on pine rockland and this subspecies is eventually shaded out. 
NKDR has a prescribed fire program, although with many constraints on 
implementation. Habitat loss due to development was historically the 
greatest threat to the pea. Much of the remaining habitat is now 
protected on public lands. Absence of fire now appears to be the 
greatest of the deterministic threats. Given the recent increase in 
hurricane activity, storm surges are the greatest of the stochastic 
threats. The small range and patchy distribution of the subspecies 
increases risk from stochastic events. Climatic changes and sea-level 
rise are serious long-term threats. Models indicate that even under the 
best of circumstances, a significant proportion of upland habitat will 
be lost on Big Pine Key by 2100. Additional threats include restricted 
range, invasive exotic plants, roadside dumping, loss of pollinators, 
seed predators, and development. We maintain the previous assessment 
that hurricane storm surges, lack of fire, and limited distribution 
results in a moderate magnitude of threat because a large part of the 
range is on conservation lands wherein threats are being controlled, 
although fire management is at much slower rate than is required. The 
immediacy of hurricane threats is difficult to characterize. Sea-level 
rise remains uncontrolled, but overall, is nonimminent. Overall, the 
threats from limited distribution and inadequate fire management are 
imminent since they are ongoing. Therefore, we retained an LPN of 9 for 
Big Pine partridge pea.
    Chamaesyce deltoidea ssp. pinetorum (Pineland sandmat) - The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. The pineland sandmat in only known from Miami-Dade County, 
Florida. The largest occurrence, estimated at more than 10,000 plants, 
is located on Long Pine Key within Everglades National Park. All other 
occurrences are smaller and are in isolated pine rockland fragments in 
heavily urbanized Miami-Dade County.
    Occurrences on private lands and on one county-owned parcel are at 
risk from development and habitat degradation and fragmentation. 
Conditions related to climate change, particularly sea-level rise, will 
be a factor over the long-term. All occurrences of the species are 
threatened by habitat loss and degradation due to fire suppression, the 
difficulty of applying prescribed fire, and exotic plants. These 
threats are severe within small and unmanaged fragments in urban areas. 
However, the threats of fire suppression and exotics are reduced on 
lands managed by the National Park Service. Another threat is hydrology 
changes. 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 could negatively affect 
the pinelands of Long Pine Key. At this time, we do not know whether 
the proposed restoration and associated hydrological modifications will 
have a positive or negative effect on pineland sandmat. This narrow 
endemic may be vulnerable to catastrophic events and natural 
disturbances, such as hurricanes. Overall, the magnitude of threats to 
this species is moderate, since by applying regular prescribed fire, 
the National Park Service has kept Long Pine Key's pineland vegetation 
intact and relatively free of exotic plants, and the extent to which 
proposed restoration will negatively affect this subspecies are 
unclear. Overall, the threats are nonimminent since fire management at 
the largest occurrence is regularly conducted, and sea-level rise and 
hurricanes are longer-term threats. Therefore, we assigned a LPN of 12 
to this subspecies.
    Chamaesyce deltoidea ssp. serpyllum (Wedge spurge) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Systematic surveys of publicly owned pine rockland throughout this 
plant's range were conducted during 2005-2006 and 2007-2008 to 
determine population size and distribution. Wedge spurge is a small 
prostrate herb. It was historically, and remains, restricted to pine 
rocklands on Big Pine Key in Monroe County, Florida. Pine rocklands 
encompass approximately 580 hectares (1,433 acres) on Big Pine Key, 
approximately 360 hectares (890 acres) of which are within the 
Service's National Key Deer Refuge (NKDR). Most of the species' range 
falls within the NKDR, with the remainder on State, County, and private 
properties. It is not widely dispersed within the limited range. 
Occurrences are sparser in the southern portion of Big Pine Key, which 
contains smaller areas of NKDR lands than does the northern portion. 
Wedge spurge inhabits sites with low woody cover (e.g., low palm and 
hardwood densities) and usually, exposed rock or gravel.
    Pine rockland communities are maintained by relatively frequent 
fires. In the absence of fire, shrubs and trees encroach on pine 
rockland and the subspecies is eventually shaded out. NKDR has a 
prescribed fire program, although with many constraints on 
implementation. Habitat loss due to development was historically the 
greatest threat to the wedge spurge. Much of the remaining habitat is 
now protected on public lands. Absence of fire now appears to be the 
greatest of the deterministic threats. Given the recent increase in 
hurricane activity, storm surges are the greatest of the stochastic 
threats. The small range and patchy distribution of the subspecies 
increases risk from stochastic events. Climatic changes and sea-level 
rise are serious long-term threats. Models indicate that even under the 
best of circumstances, a significant proportion of upland habitat will 
be lost on Big Pine Key by 2100. Additional threats include restricted 
range, invasive exotic plants, roadside dumping, loss of pollinators, 
seed predators, and development. We maintain the previous assessment 
that low fire return intervals plus hurricane-related storm surges, in 
combination with a limited, fragmented distribution and threats from 
sea-level rise, results in a moderate magnitude of threat, in part, 
because a large part of the range is on conservation lands wherein some 
threats can be substantially controlled. The immediacy of hurricane 
threats is difficult to categorize. Sea-level rise remains 
uncontrolled, but over much of the range is nonimminent compared to 
other prominent threats. Threats resulting from limited fire 
occurrences are imminent. Since major threats are ongoing, overall, the 
threats are imminent. Therefore, we retained an LPN of 9 for this 
subspecies.
    Chorizanthe parryi var. fernandina (San Fernando Valley 
spineflower) - The following summary is based on information contained 
in our files and the petition we received on December 14, 1999. 
Chorizanthe parryi var. fernandina is a low-growing herbaceous annual 
plant in the buckwheat family. Germination occurs following the onset 
of late-fall and winter rains and typically represents different 
cohorts from the seed bank. Flowering occurs in the spring, generally 
between April and June. Chorizanthe parryi var. fernandina grows up to 
30 centimeters in height and 5 to 40 centimeters across. The plant 
currently is known from two disjunct localities: the first is in the 
southeastern portion of Ventura County on a site within the Upper Las 
Virgenes Canyon Open Space Preserve, formerly known as Ahmanson Ranch, 
and the second is in an area of southwestern Los Angeles County known 
as Newhall

[[Page 57850]]

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 slightly less than they were several years ago. One of 
the two populations (Upper Las Virgenes Canyon Open Space Preserve) is 
in permanent, public ownership and is being managed by an agency that 
is working to conserve the plant; however, the use of adjacent habitat 
for filming movies is a recently identified threat to the species, and 
the potential impacts to Chorizanthe parryi var. fernandina have not 
yet been fully evaluated. We will be working with the landowners to 
manage the site for the benefit of Chorizanthe parryi var. fernandina. 
The other population (Newhall Ranch) is under the threat of 
development; however, a Candidate Conservation Agreement (CCA) is being 
developed with the landowner, and it is possible that the remaining 
plants can also be conserved. Until such an agreement is finalized, the 
threat of development and the potential damage to the Newhall Ranch 
population still exists, as evidenced by the destruction of some plants 
during installation of an agave farm. Furthermore, cattle grazing on 
Newhall Ranch may be a current threat. Cattle grazing may harm 
Chorizanthe parryi var. fernandina by trampling plants and compacting 
soil. Grazing activity could also alter the nutrient content of the 
soils through fecal inputs, which in turn may favor the growth of other 
plant species that would otherwise not grow so readily on the mineral-
based soils. Over time, changes in species composition may render the 
sites less favorable for the persistence of Chorizanthe parryi var. 
fernandina. Chorizanthe parryi var. fernandina may be threatened by 
invasive nonnative plants, including grasses, which could potentially 
displace it from available habitat; compete for light, water, and 
nutrients; and reduce survival and establishment.
    The threats to this plant are high in magnitude since 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, or 
erosion. The primary threat from habitat destruction by development is 
nonimminent due to the ongoing development of a CCA. We retained a 
listing priority number of 6 for Chorizanthe parryi var. fernandina due 
to a high magnitude of nonimminent threats.
    Chromolaena frustrata (Cape Sable thoroughwort) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
This species is found most commonly in open sun to partial shade at the 
edges of rockland tropical hammock and in coastal rock barrens. There 
are nine extant occurrences located at five islands in the Florida 
Keys; two occurrences are within Everglades National Park (ENP). 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. More recently, an estimate of 1,500 plants was given for 
areas within ENP.
    This species is threatened by habitat loss and modification, even 
on public lands, and habitat loss and degradation due to threats from 
exotic plants at almost all sites. The species is vulnerable to natural 
disturbances, such as hurricanes, tropical storms, and storm surges. 
While these factors may also work to maintain coastal rock barren 
habitat in the long-term, Hurricane Wilma appeared to have had severe 
impacts, at least in the short-term. Occurrences probably declined due 
to inundation of its coastal barren and rockland hammock habitats in 
the short-term; long-term effects on this species are unknown. Sea-
level rise is considered a major threat over the long-term. Potential 
effects from other changes in freshwater deliveries and the 
construction of the Buttonwood Canal are unknown. Problems associated 
with small population size and isolation are likely major factors, as 
occurrences may not be large enough to be viable; this narrowly endemic 
plant has uncertain viability at most locations, especially following 
Hurricane Wilma. Thus, these factors constitute a high magnitude of 
threat. The threats of small population size, isolation, and uncertain 
viability are imminent because they are ongoing. As a result, we 
assigned an LPN of 2 to this species.
    Consolea corallicola (Florida semaphore cactus) - The following 
summary is based on information in our files. No new information was 
provided in the petition we received on May 11, 2004. The Florida 
semaphore cactus is endemic to the Florida Keys, and was discovered on 
Big Pine Key in 1919, but that population was extirpated as a result of 
road building and poaching. This cactus grows close to salt water on 
bare rock with a minimum of humus soil cover in or along the edges of 
hammocks near sea level. The species is known to occur naturally only 
in two areas, Swan Key within Biscayne National Park and Little Torch 
Key. Outplantings have been attempted in several locations in the upper 
and lower Keys; however, success has been low. Few plants remain in the 
population at The Nature Conservancy's Torchwood Hammock Preserve on 
Little Torch Key. During monitoring work conducted in 2005, a total of 
655 plants were documented at the Swan Key population. In 2008 the 
population was estimated by Biscayne National Park staff to consist of 
at least 600 plants. The cactus does not propagate sexually, and 
asexual reproduction is the main life-history strategy of this species. 
Recent genetic studies have shown no variation within populations and 
very limited variation between populations. Findings support the 
conclusion that the Swan Key (upper Keys), Little Torch Key, and Big 
Pine Key (outplanting; lower Keys) populations are clonally derived and 
genetically distinct from each other. Studies examining the 
reproductive biology of the species indicate that all extant wild and 
cultivated plants are male.
    The causes for the population decline of this species include 
destruction or modification of habitat, predation from nonnative 
Cactoblastis cactorum moths and disease, poaching and vandalism, sea-
level rise, and hurricanes. Sea level rise is considered a serious 
threat to the species and its habitat; all extant populations are 
located in low-lying areas. All remaining populations are under threat 
of predation from the exotic moth and are susceptible to crown rot 
disease. Because of low population numbers, lack of variation between 
and within populations, and reproductive problems, the threats are of 
high magnitude. The numerous threats are ongoing and therefore, are 
imminent. Thus, we assigned this species an LPN of 2.
    Cordia rupicola (no common name) - The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on May 11, 2004. Cordia rupicola, a small 
shrub, has been described from southwestern Puerto Rico, Vieques 
Island, and Anegada Island (British Virgin Islands). All sites lay 
within the subtropical dry forest life

[[Page 57851]]

zone overlying a limestone substrate. Cordia rupicola has a restricted 
distribution. Currently, approximately 226 individuals are known from 3 
locations in Puerto Rico: Pe[ntilde]uelas and Guanica Commonwealth 
Forests and Vieques National Wildlife Refuge. Additionally, the species 
is reported as common on Anegada Island.
    This species is threatened by maintenance of trails and power line 
right-of-ways in the Guanica Commonwealth Forest, residential 
development in Pe[ntilde]uelas, and residential and commercial 
development in Anegada Island. This species is also vulnerable to 
natural (e.g., hurricanes) or manmade (e.g., human-induced fires) 
threats. Approximately 68 percent of the currently known reproductive 
adults are located in the Guanica Commonwealth Forest where, due to the 
difficulty in identifying this species, it may be threatened by 
management and maintenance activities; another 32 percent of the 
currently known reproductive adults are located on privately owned 
property where habitat destruction or modification may affect this 
species. Since threats may significantly affect the majority of the 
reproducing population, the magnitude of the threats is high. The 
population of C. rupicola on Anegada Island is currently in good 
condition and the threats this species faces there 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. Therefore we have assigned a 
LPN of 5 to this species.
    Cyanea asplenifolia (Haha) - We continue to find that listing this 
species is warranted-but-precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted petition 
12-month finding.
    Cyanea calycina (Haha) - We continue to find that listing this 
species is warranted-but-precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted petition 
12-month finding.
    Cyanea kunthiana (Haha) - We continue to find that listing this 
species is warranted-but-precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted petition 
12-month finding.
    Cyanea lanceolata (Haha) - We continue to find that listing this 
species is warranted-but-precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted petition 
12-month finding.
    Cyanea obtusa (Haha) - We continue to find that listing this 
species is warranted-but-precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted petition 
12-month finding.
    Cyanea tritomantha ([revaps]Aku) - The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on May 11, 2004. Cyanea tritomantha is a 
palm-like tree found in Metrosideros-Cibotium (ohia-hapuu) montane wet 
forest on the island of Hawaii. This species is known from 16 
populations with a total of approximately 300 to 400 individuals. 
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 predation by feral pigs, 
cattle, 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 outplanted 
populations of C. tritomantha, and nonnative plants have been reduced 
in the fenced areas; however, there are no efforts to control the 
ongoing and imminent threats to the other 13 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. They are ongoing and therefore imminent 
for more than seventy-five percent of the population where no control 
measures have been implemented. Because the threats continue to be of a 
high magnitude and are imminent for the unmanaged populations, we 
retained an LPN of 2 for this species.
    Cyrtandra filipes (Haiwale) - 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 10 populations, 3 on Molokai and 
7 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 rarer, with only the Molokai populations of a 
few individuals remaining. Cyrtandra filipes is threatened by pigs, 
goats, and deer that degrade and destroy habitat and may prey upon it, 
by nonnative plants that outcompete and displace it, and potentially by 
predation by rats and slugs. Landslides are a likely threat to two 
populations. Feral pigs have been fenced out of one population of C. 
filipes on Maui, 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 and slugs. 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 10 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) - We continue to find that listing 
this species is warranted-but-precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 
petition 12-month finding.
    Cyrtandra oxybapha (Haiwale) - We continue to find that listing 
this species is warranted-but-precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 
petition 12-month finding.
    Cyrtandra sessilis (Haiwale) - We continue to find that listing 
this species is warranted-but-precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 
petition 12-month finding.
    Dalea carthagenensis ssp. floridana (Florida prairie-clover) - The 
following summary is based on information contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. Dalea carthagenensis var. floridana occurs in Big Cypress 
National Preserve (BCNP) in Monroe and Collier Counties, Florida. It is 
also known from small populations in Miami-Dade County. There are a 
total of nine extant

[[Page 57852]]

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. Climatic changes and sea-level rise are long-term threats 
that are expected to reduce the extent of habitat. This plant is 
threatened by habitat loss and degradation due to fire suppression, the 
difficulty of applying prescribed fire to pine rocklands, and threats 
from exotic plants. Damage to plants by off-road vehicles is a serious 
threat within the BCNP; the threat from illegal mountain biking at the 
R. Hardy Matheson Preserve has been reduced. One location within BCNP 
is threatened by changes in mowing practices; this threat is low in 
magnitude. This species is being parasitized by the introduced insect 
lobate lac scale at some localities (e.g., R. Hardy Matheson Preserve), 
but we do not know the extent of this threat. This plant is vulnerable 
to natural disturbances, such as hurricanes, tropical storms, and storm 
surges. Due to its restricted range and the small sizes of most 
isolated occurrences, this species is vulnerable to environmental 
(catastrophic hurricanes), demographic (potential episodes of poor 
reproduction), and genetic (potential inbreeding depression) threats. 
The magnitude of threats is high, 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 assigned an LPN of 3 to this subspecies.
    Dichanthelium hirstii (Hirsts' panic grass) - The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. 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 species' wetland habitat. Given the low 
numbers of plants found at each site, even minor changes in the 
species' habitat could result in local extirpation. Loss of any known 
sites could result in a serious 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 
nonimminent threats of a high magnitude, we retain an LPN of 5 for this 
species.
    Digitaria pauciflora (Florida pineland crabgrass) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Pine rocklands in Miami-Dade County have largely been destroyed by 
residential, commercial, and urban development and agriculture. With 
most remaining habitat having been negatively altered, this species has 
been extirpated from much of its historical range, including 
extirpation from all areas outside of National Parks. Two large 
occurrences remain within Everglades National Park and Big Cypress 
National Preserve. Although privately owned pine rocklands and prairies 
are at risk to development, the plants on Federal lands are protected 
from this threat. However, extant occurrences are in low-lying areas 
and will be affected by climate change and rising sea level.
    This species is threatened by habitat loss and 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 presence of the 
exotic Old World climbing fern is of particular concern due to its 
ability to spread rapidly. In Big Cypress National Preserve, plants 
have been threatened by off-road vehicle use. Another threat is 
hydrology changes. Hydrology has been altered within Long Pine Key due 
to artificial drainage, which lowered ground water, and construction of 
roads, which either impounded or diverted water. Regional water 
management intended to restore the Everglades has the potential to 
affect the pinelands of Long Pine Key, where a large population occurs. 
At this time, it is not known whether Everglades restoration will have 
a positive or negative effect. This narrow endemic may be vulnerable to 
catastrophic events and natural disturbances, such as hurricanes. 
Overall, the magnitude of threats is high because only two occurrences 
remain, and various threats exist. Impacts from climate change and sea-
level rise are expected to be severe in the future. The majority of 
threats are nonimminent as they are long-term in nature (water 
management, hurricanes, and sea-level rise). Therefore, we assigned an 
LPN of 5 for this species.
    Echinomastus erectocentrus var. acunensis (Acuna cactus) - The 
following summary is based on information contained in our files and 
the petition we received on October 30, 2002. The Acuna cactus is known 
from six sites on well-drained gravel ridges and knolls on granite 
soils in Sonoran Desert scrub association at 1300 to 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 imminent, 
mainly due to the continued decline of the species, most likely from 
effects from the on-going drought. Conditions in 2006 to 2008 worsened, 
and the drought is prevalent throughout the range of this variety. For 
this reason, drought as the main threat is on-going and is a 
significant threat to the long-term viability of this variety. 
Therefore, we assigned an LPN of 3 to this cactus variety.
    Erigeron lemmonii (Lemmon fleabane) - The following summary is 
based on information contained in our files and the petition we 
received in July 1975. The species is known from one site in a canyon 
in the Fort Huachuca Military

[[Page 57853]]

Reservation (Fort Huachuca) of southeastern Arizona. In the 1990s, 
surveys found approximately 450 plants. A survey in 2006 found 
approximately 950 plants; occupied habitat encompasses about 1 square 
kilometer.
    The threats to this species are from catastrophic wildfire in the 
canyon and on-going drought conditions. We do not know if this species 
has any adaptations to fire. Due to its location on cliffs, we suspect 
that fires that may have occurred at more regular intervals and burned 
at low intensities may have had little to no effect on this species. 
Lack of fire and the accumulated fuel load that lead to high fire 
intensity and associated heat may now damage or kill plants on adjacent 
cliffs, especially near the ground. Plants that are much higher on the 
cliff face would probably not be affected. We consider the magnitude of 
threats to be moderate rather than high because we believe that not all 
of the population would be adversely affected by a wildfire or drought. 
The threats are still imminent because the likelihood of a fire is 
high. The LPN for Lemmon fleabane remains an 8 due to moderate, 
imminent threats.
    Eriogonum codium (Umtanum Desert buckwheat) - The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. This species is a 
long-lived, slow-growing, woody perennial plant that forms low dense 
mats. The species occupies a single location on the Hanford National 
Monument in Washington State. It is found only on an exposed basalt 
ridge; we do not know if this association is related to the chemical or 
physical characteristics of the bedrock or other factors. Individual 
plants may exceed 100 years of age, based on counts of annual growth 
rings. A count in 1997 reported 5,228 individuals; by 2005 the figure 
had dropped to 4,418, declining 15 percent over eight years. A 
population viability analysis in 2006 based on 9 years of demographic 
data estimated that that there is a 72 percent chance of a decline of 
50 percent within the next 100 years. Another analysis is expected in 
2009, based on 12 years of demographic monitoring.
    The major threats to the species are wildfire, firefighting 
activities, trampling, and invasive weeds. However, the relationship 
between the decline in population numbers and the known threats is not 
understood at this time. With the possible exception of wildfire, the 
observed decline in population numbers and recruitment since 1997 is 
not directly attributable to the currently known threats. Because the 
population is small, limited to a single site, and sensitive to fire 
and disturbance, the species remains vulnerable to the identified 
threats. The magnitude of threats is high because, given the limited 
range of the species, any of the threats could adversely affect its 
continued existence. The threats are ongoing and, therefore, imminent. 
Because the species continues to be vulnerable to these threats, we 
retained an LPN of 2 for this species.
    Eriogonum corymbosum var. nilesii (Las Vegas buckwheat) - The 
following summary is based on information contained in our files and 
the petition we received on April 23, 2008. 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 been verified using molecular 
genetic analyses.
    Loss of habitat from development is a significant threat with over 
95 percent of the historical range and potential habitat of the 
subspecies lost to development. In 2005, the Las Vegas buckwheat was 
known from 9 locations on approximately 1,150 acres. However, since 
that time, approximately 290 acres were or soon will be developed, and 
the current distribution of the plant occupies about 890 acres. In 
addition, off-highway vehicle activity and other public land uses 
(casual public use, mining, and illegal 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 Bureau of Land Management (BLM) 
special status species and limited resource and law enforcement 
personnel have 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. Conservation 
measures are being developed that could reduce the risks to occupied 
habitat, 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 known habitat. While both development 
and mining are very likely to occur in the future, they are not 
expected to happen in the immediate future, and thus, the threats are 
nonimminent. Accordingly, we assigned the Las Vegas buckwheat an LPN of 
6.
    Eriogonum kelloggii (Red Mountain buckwheat) - The following 
summary is based on information contained in our files and information 
provided by the California Department of Fish and Game. No new 
information was provided in the petition we received on May 11, 2004. 
Red Mountain buckwheat is a perennial herb endemic to serpentine 
habitat of lower montane forests found between 1,900 and 4,100 feet. 
Its distribution is limited to the Red Mountain and Little Red Mountain 
areas of Mendocino County, California, where it occupies in excess of 
81 acres, and 900 square feet, respectively. Occupied habitat at Red 
Mountain is scattered over 4 square miles. Total population size has 
not been determined, but a preliminary estimate suggests the population 
may be in excess of 63,000 plants, occupying more than 44 discrete 
habitat polygons. Intensive monitoring of permanent plots on three 
study sites in Red Mountain suggests considerable annual variation in 
plant density and reproduction, but no discernable population trend was 
evident in two of three study sites. One study site showed a 65 percent 
decline in plant density over 11 years.
    The primary threat to this species is the potential for surface 
mining for chromium and nickel. Virtually the entire distribution of 
Red Mountain buckwheat is either owned by mining interests, or is 
covered by existing mining claims, none of which are currently active. 
Surface mining would destroy habitat suitability for this species. The 
species is also believed threatened by tree and shrub encroachment into 
its habitat, in absence of fire. Some 42 percent of its known 
distribution occurred within the boundary of the Red Mountain Fire of 
June, 2008. However, the extent and manner in which Eriogonum kelloggii 
and its habitat were affected by that fire is not yet known. The single 
population located at Little Red Mountain appears to have been 
impacted, and perhaps eliminated by fire control efforts. The primary 
threat of surface mining is high in magnitude because it could 
extirpate the species in the majority of its range. That threat is 
nonimminent because none of the mining claims are active. Because of 
the high-magnitude, nonimminent threat to the small, scattered 
populations, we assigned a listing priority number of 5 to this 
species.

[[Page 57854]]

    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. Festuca hawaiiensis is known from four 
populations totaling approximately 1,000 individuals in and around the 
Pohakuloa Training Area (PTA). 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 but the majority 
of this population is still affected by threats from fire and will 
require long-term monitoring and management. The threats are imminent 
because they are not controlled and are ongoing in the remaining, 
unfenced populations. Firebreaks have been established at two other 
populations but again fire is an imminent threat to the other two 
populations that have no firebreaks. The threats are of a high 
magnitude because they could adversely affect the majority of F. 
hawaiiensis populations resulting in direct mortality or reduced 
reproductive capacity. Therefore, we retained an LPN of 2 for this 
species.
    Festuca ligulata (Guadalupe fescue) - The following summary is 
based on information obtained from the original species petition, 
received in 1975, and from our files, on-line herbarium databases, and 
scientific publications. Five small populations of Guadalupe fescue, a 
member of the Poaceae (grass family), have been documented in mountains 
of the Chihuahuan desert in Texas and in Coahuila, Mexico. Only two 
extant populations have been confirmed in the last five years, in the 
Chisos Mountains, Big Bend National Park, Texas, and in the privately 
owned Maderas del Carmen protected natural area in Coahuila. Despite 
intensive searches, a population known from Guadalupe Mountains 
National Park, Texas has not been found since 1952 and is presumed 
extirpated. Two additional Mexican populations, near Fraile in southern 
Coahuila, and the Sierra de la Madera in central Coahuila, have not 
been monitored since 1941 and 1977, respectively. A great amount of 
potentially suitable habitat in Coahuila has never been surveyed. The 
potential threats to Guadalupe fescue include changes in the wildfire 
cycle and vegetation structure, trampling from humans and pack animals, 
grazing, trail runoff, fungal infection of seeds, small sizes and 
isolation of populations, and limited genetic diversity. The Service 
and the National Park Service established a Candidate Conservation 
Agreement in 2008 to provide additional protection for the Chisos 
Mountains population, and to promote cooperative conservation efforts 
with U.S. and Mexican partners. The threats to Guadalupe fescue are of 
moderate magnitude, and are not imminent, due to the provisions of the 
Candidate Conservation Agreement and other conservation efforts, as 
well as the likelihood that other populations exist in mountains of 
Coahuila that have not been surveyed. We have assigned a 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 the islands of Kauai, Molokai, Maui, and Hawaii, 
Hawaii. Gardenia remyi is known from 20 populations totaling between 77 
and 104 individuals. This species is threatened by pigs, goats, and 
deer that degrade and destroy habitat and possibly prey upon the 
species, and by nonnative plants that outcompete and displace it. It is 
also threatened by landslides on the island of Hawaii. This species is 
represented in ex situ collections. Feral pigs have been fenced out of 
the west Maui populations of G. remyi, and nonnative plants have been 
reduced in those areas. However, these threats are not controlled and 
are ongoing in the remaining, unfenced populations, and are, therefore, 
imminent. In addition, the threat from goats and deer is ongoing and 
imminent throughout the range of the species, because no goat or deer 
control measures have been undertaken for any of the populations of G. 
remyi. All of the threats are of a high magnitude because habitat 
destruction, predation, and landslides could signifcantly affect the 
entire species resulting in direct mortality or reduced reproductive 
capacity. Therefore, we retained an LPN of 2 for this species.
    Geranium hanaense (Nohoanu) - We continue to find that listing this 
species is warranted-but-precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted petition 
12-month finding.
    Geranium hillebrandii (Nohoanu) - We continue to find that listing 
this species is warranted-but-precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 
petition 12-month finding.
    Gonocalyx concolor (no common name) - The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Gonocalyx 
concolor is a small, evergreen, epiphytic or terrestrial shrub endemic 
to Puerto Rico. Currently, G. concolor is known from two populations: 
one at Cerro La Santa and other at Charco Azul, both in the Carite 
Commonwealth Forest. The forest is located in the Sierra de Cayey and 
extends through the municipalities of Guayama, Cayey, Caguas, San 
Lorenzo, and Patillas in southeastern Puerto Rico. The population 
previously reported in the Caribbean National Forest is apparently no 
longer extant. In 1996, approximately 172 plants were reported at Cerro 
La Santa. However, in 2006 only 25 individuals were reported at Cerro 
La Santa and four individuals located at Charco Azul.
    The species is threatened by habitat disturbance related to the 
maintenance of existing telecommunication facilities at Cerro La Santa, 
limited distribution (two sites), low population numbers (less then 30 
individuals total ), and hurricanes. Although the species is located in 
the Carite Commonwealth Forest, a public forest managed by DNER, 
applicable laws and regulations are not always effectively enforced and 
Service personnel have documented some damage to the population located 
adjacent to existing communication towers at the forest. Because of 
extremely low population numbers and the vulnerability to threats 
(maintenance activities and hurricanes), the magnitude of current 
threats on the species is high. Overall, threats are nonimminent since 
G. concolor is located in the Carite Commonwealth Forest, administered 
and managed by the DNER for conservation and recreation, and actions 
that may affect such species are generally scrutinized and measures to 
minimize or avoid impacts to these species are recommended and 
implemented. Therefore, we have assigned a listing priority number of 5 
to this species.
    Hazardia orcuttii (Orcutt's hazardia) - The following summary is 
based on information contained in our files and the petition we 
received on March 8,

[[Page 57855]]

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 protections. 
The occurrences in Mexico are threatened by coastal development from 
Tijuana to Ensenada. There are approximately 668 native adult plants 
and 50 seedlings remaining in the U.S., and the population in Mexico is 
estimated to be 1300 plants. Because the extant population in the U.S. 
is within an area that receives a great deal of public use, trampling, 
dumping, and other unintentionally destructive impacts are affecting 
these Hazardia orcuttii plants. This species has a very low 
reproductive output, although the causes are as-yet unknown. 
Competition from invasive nonnative plants may pose a threat to the 
reproductive potential of this species. In one study, 95 percent of the 
flowers examined were damaged by insects or fungal agents or aborted 
prematurely, and insects or fungal agents damaged 50 percent of the 
seeds produced. However, if low seed production is because of ecosystem 
disruptions, such as loss of effective pollinators, there could be 
additional threats that need to be addressed. Overall, the threats to 
Hazardia orcuttii are of a high magnitude because they have the 
potential to significantly reduce the reproductive potential of this 
species. The threats are nonimminent overall because although trampling 
and other recreational impacts are ongoing, the most significant 
threats (invasive nonnative plants and low reproductive output) are 
nonimminent and long-term in nature. This species faces high-magnitude 
nonimminent threats so we have 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 1,000 to 
1,400 individuals. Hedyotis fluviatilis is threatened by pigs and goats 
that degrade and destroy habitat, and by nonnative plants that 
outcompete and displace it. Landslides are a potential threat to 
populations on Kauai. This species is represented in ex situ 
collections; however, there are no other conservation actions 
implemented for this species. We retained an LPN of 2 because the 
severity of the threats to the species is high and the threats are 
ongoing and, therefore, imminent.
    Helianthus verticillatus (Whorled sunflower) - See above in 
``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 contained in our files. No new 
information was provided in the petition received on May 11, 2004. This 
species, found in eastern Texas, appears to be restricted to those 
portions of wetlands that are exposed to open sun and normally hold 
standing water early in the growing season, with water levels dropping 
during late summer and fall. This habitat has been affected by drainage 
or filling of floodplain depressions and oxbows, stream channelization, 
road construction, timber harvesting, agricultural activities 
(primarily mowing and grazing), and herbicide use. Threats that 
continue to affect the species include wetland alteration, herbicide 
use, grazing, mowing during the species' growing and flowering period, 
and genetic swamping by other Hibiscus species.
    A 1995 status survey of 10 counties resulted in confirmation of the 
species at only three sites, but in three separate counties and three 
different watersheds, suggesting a relatively wide historical range. 
These three populations were all within highway rights-of-way and 
vulnerable to herbicides and adjacent agricultural activities. As of 
2005, only 20 plants remained at one of these sites. Additional surveys 
for Hibiscus dasycalyx discovered new populations. About 300 plants 
were found on land owned by Temple-Inland Corporation in east Trinity 
County. 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. This site 
was modified in 2007 and will be reassessed in the near future. In west 
Houston County, a population of 300 to 400 plants discovered on private 
land has been purchased by the Natural Area Preservation Association in 
order to protect this land in perpetuity. In east Houston County, a 
population discovered in Compartment 55 in Davy Crockett National 
Forest numbered over 1000 in 2006. In 2000, nearly 800 plants were 
introduced into Compartments 16 and 20 of Davy Crockett National Forest 
as part of a reintroduction effort. One population retained high 
numbers (350 in 2006), but was subjected to high water conditions in 
2007 and may have been adversely affected. The second site was affected 
by a change in hydrology and had declined to 50 plants in 2006. In 
2004, 200 plants were placed in a wetland in Compartment 11 of Davy 
Crockett National Forest, but only 10 plants were seen in 2006. High 
water from heavy spring and summer rains prevented further assessment 
of these rose-mallow sites.
    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.
    Ivesia webberi (Webber ivesia) - The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Ivesia webberi is a low, 
spreading, perennial herb that occurs very infrequently in Lassen, 
Plumas, and Sierra Counties in California, and in Douglas and Washoe 
Counties, Nevada. The species is restricted to sites with sparse 
vegetation and shallow, rocky soils composed of volcanic ash or derived 
from andesitic rock. Occupied sites generally occur on mid-elevation 
flats, benches, or terraces on mountain slopes above large valleys 
along the transition zone between the eastern edge of the northern 
Sierra Nevada and the northwestern edge of the Great Basin. Currently, 
the global population is estimated at approximately 4.8 million 
individuals at 14 known sites. The Nevada sites support nearly 98 
percent of the total number of individuals (4.7 million) on about 30 
acres (12 hectares) of occupied habitat. The California sites are 
larger in area, totaling about 156 acres (63 hectares), but support 
fewer individuals (approximately 115,000).
    The primary threats to I. webberi include urban development, 
authorized and unauthorized roads, off-road vehicle activities and 
other dispersed recreation, livestock grazing and trampling, fire and 
fire suppression activities including fuels reduction and

[[Page 57856]]

prescribed fires, and displacement by noxious weeds. Despite the high 
numbers of individuals, observations in 2002 and 2004 confirmed that 
direct and indirect impacts to the species and its habitat, 
specifically from urban development and off-highway vehicle activity 
remain high and are likely to increase. However, the U.S. Forest 
Service has committed to develop a conservation strategy and monitoring 
program to protect this species on National Forest lands where most 
population are found, and the State of Nevada has listed the species as 
critically endangered, which provides a mechanism to track future 
impacts on private lands. In addition, both the U.S. Forest Service and 
State of Nevada have agreed to coordinate closely with the Fish and 
Wildlife Service on all activities that may affect this species. In 
light of these conservation commitments, we have determined that the 
threats to Webber ivesia are nonimminent and retained 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. Ohe is known from 38 widely scattered populations totaling 
approximately 180 individuals throughout its range. Plants are 
typically found as only one or two individuals, with miles between 
populations. This subspecies is threatened by destruction or 
modification of habitat due to pigs, goats, and deer, and by nonnative 
plants that outcompete and displace native plants. Predation by pigs, 
goats, deer, and rats is a likely threat to this species. Landslides 
are a potential threat to populations on Kauai and Molokai. Seedlings 
have rarely been observed in the wild. Seeds germinate in cultivation, 
but most die soon thereafter. It is uncertain if this rarity of 
reproduction is typical of this subspecies, or if it is related to 
habitat disturbance. Feral pigs have been fenced out of a few of the 
populations of this subspecies, and nonnative plants have been reduced 
in a few populations that are fenced. However, these threats are not 
controlled and are ongoing in the many remaining, unfenced populations. 
This species is represented in ex-situ collections. The threats are of 
high magnitude because habitat degradation, nonnative plants, and 
predation result in mortaility or adversely affect the reproductive 
capacity of the majority of populations of this species. The threats 
are ongoing, and thus are imminent. Therefore, we retained an LPN of 3 
for this subspecies.
    Korthalsella degeneri (Hulumoa) - We continue to find that listing 
this species is warranted-but-precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 
petition 12-month finding.
    Leavenworthia crassa (Gladecress) - The following information is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. This species of 
gladecress is a component of glade flora, occurring in association with 
limestone outcroppings. Leavenworthia crassa is endemic to a 13-mile 
radius area in north central Alabama in Lawrence and Morgan Counties, 
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. This species appears to be able to adjust to periodic 
disturbances and the potential impacts to populations from competition, 
exotics, and herbicide use are nonimminent. Thus, we assigned an LPN of 
5 to this species.
    Leavenworthia texana (Texas golden gladecress) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Leavenworthia texana occurs only on the Weches outcrops of east Texas 
in San Augustine and Sabine counties. The Weches geologic formation 
consists of a layer of calcareous sediment, lying above a layer of 
glauconite clay deposited up to 50 million years ago. Erosion of this 
complex has produced topography of steep, flat-topped hills and 
escarpments, as well as the unique ecology of Weches glades: islands of 
thin, loamy, seepy, alkaline soils that support open-sun, herbaceous, 
and highly diverse and specialized plant communities.
    Leavenworthia texana was historically recorded at eight sites, all 
in a narrow region along north San Augustine and Sabine Counties. All 
sites are on private land. Three sites have been lost to glauconite 
mining and two sites are currently closed to visitors. The Sabine 
County site supported 1000 plants within 9 square meters (97 square 
feet) in 2007. The Tiger Creek site in San Augustine County (less than 
0.1 hectare (.2 acre) in size) was found to have about 200 plants in 
2007. The Kardell site (less than 9 square meters (97 square feet)) has 
supported 400-500 plants in past years, but none in 2005. An introduced 
population in Nacogdoches County numbered about 1000 within an area of 
about 18 square meters (194 square feet) in 2007.
    Historical habitat has been affected by highway construction, 
residential development, conversion to pasture and cropland, widespread 
use of herbicide, overgrazing, and glauconite mining. However, the 
primary threat to existing Leavenworthia texana populations is the 
invasion of nonnative and weedy shrubs and vines (primarily Macartney 
rose (Rosa bracteata) and Japanese honeysuckle (Lonicera japonica). All 
known sites are undergoing severe degradation by the incursion of 
nonnative shrubs and vines, which restrict both growth and reproduction 
of the gladecress. Brushclearing carried out in 1995 resulted in the 
reappearance of L. texana after a 10-year absence at one site. However, 
nonnative shrubs have again invaded this area. More effective control 
measures, such as burning and selective herbicide use, need to be 
tested and monitored. The small number of known sites also makes L. 
texana vulnerable to extreme natural disturbance events. A severe 
drought in 1999 and 2000 had a pronounced adverse effect on L. texana 
reproduction. Since the threat from nonnative plants severely affects 
all known sites, the magnitude is high. The threats are imminent since 
they are ongoing. Therefore, we retain an LPN of 2 for L. texana.
    Lesquerella globosa (Desvaux) Watson (Short's bladderpod) - See 
above in ``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.
    Linum arenicola (Sand flax) - The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Sand flax is found in pine 
rockland and marl prairie habitats which require

[[Page 57857]]

periodic wildfires in order to maintain an open, shrub free subcanopy 
and reduce leaf litter levels. Based upon available data, there are 11 
extant occurrences of sand flax; 11 others are extirpated or destroyed. 
Only small and isolated occurrences remain in low-lying areas in a 
restricted range of southern Florida and the Florida Keys.
    Habitat loss and degradation due to development is a major threat; 
most of the remaining occurrences are on private land or non-
conservation public land. However, much of the pine rockland on Big 
Pine Key, the location of the largest occurrence, is protected from 
development. Climatic changes and sea-level rise are long-term threats 
that are expected to affect the species and ultimately reduce the 
extent of available habitat. Nearly all remaining populations are 
threatened by fire suppression, difficulty in applying prescribed fire, 
road maintenance activities, exotic species, or illegal dumping. 
However, some efforts are underway to use prescribed fire to control 
exotics on conservation lands where this species occurs. 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; the density of sand flax declined to zero in all management 
units at The Nature Conservancy's preserve in 2006. In a 2007 post-
hurricane assessment, sand flax was found in northern plots, but not in 
any of the southern plots on Big Pine Key. 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. Overall, the magnitude of threats is high; 
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 contained in our files. No 
new information was provided in the petition we received on May 11, 
2004. This plant occupies open and disturbed sites in pinelands of 
Miami-Dade County, Florida. Currently, there are 9 known occurrences. 
Occurrences with fewer than 100 individuals are located on 3 county-
owned preserves. A site with more than 100 plants is owned by the U.S. 
government, but the site is not managed for conservation. Climatic 
changes and sea-level rise are long-term threats that will likely 
reduce the extent of habitat. The 9 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 and maintain viable occurrences on the available 
conservation lands. Although no population viability analysis has been 
conducted for this plant, indications are that existing occurrences are 
at best marginal, and it is possible that none are truly viable. As a 
result, the magnitude of threats is high. The threats are ongoing, and 
thus are imminent. Therefore, we assigned an LPN of 3 to this plant 
variety.
    Melicope christophersenii (Alani) - We continue to find that 
listing this species is warranted-but-precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Melicope hiiakae (Alani) - We continue to find that listing this 
species is warranted-but-precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted petition 
12-month finding.
    Melicope makahae (Alani) - We continue to find that listing this 
species is warranted-but-precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted petition 
12-month finding.
    Myrsine fosbergii (Kolea) - The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Myrsine fosbergii is a 
branched shrub or small tree found in cloud swept ridges and lowland 
mesic and wet forest on Kauai and Oahu, Hawaii. This species is 
currently known from 11 populations totaling approximately 58 
individuals on Kauai and from 8 populations totaling between 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. This species is represented in an ex situ collection. 
Although there are plans to fence and remove ungulates from the 
Helemano area of Oahu, which may benefit this species, no conservation 
measures have been taken to date to alleviate these threats for this 
species. Feral pigs and goats are found throughout the known range of 
M. fosbergii, as are nonnative plants. The threats from feral pigs, 
goats, and nonnative plants are of a high magnitude because they pose a 
severe threat throughout the limited range of this species, and they 
are ongoing and therefore imminent. We retained an LPN of 2 for this 
species.
    Myrsine vaccinioides (Kolea) - We continue to find that listing 
this species is warranted-but-precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 
petition 12-month finding.
    Narthecium americanum (Bog asphodel) - The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Bog asphodel is a 
perennial herb that is found in savannah areas, usually with water 
moving through the substrate, as well as in sandy bogs along streams 
and rivers. The historical range of bog asphodel included New York, New 
Jersey, Delaware, North Carolina, and South Carolina, but it is now 
only found within the Pine Barrens region of New Jersey.
    As an obligate wetland species, N. americanum is threatened by loss 
of habitat due to filling or draining of wetlands, changes in 
hydrology, and indirect impacts from development in adjacent uplands. 
The Pine Barrens savannahs that support bog asphodel provide a scarce, 
specialized habitat that has declined from several thousand acres 
around 1900 to only a thousand acres in recent decades. Within its 
savannah habitats, bog asphodel appears limited to a relatively narrow 
range of hydrologic and topographic conditions that make this species 
particularly sensitive to hydrologic changes, such as those resulting 
from filling or draining of wetlands, flooding as a result of reservoir 
construction, water extractions or diversions, and conversion of 
natural wetlands to commercial cranberry bogs.

[[Page 57858]]

Most bog asphodel occurs in New Jersey's regulated Pinelands Area, in 
which development of wetlands or uplands is prohibited unless designed 
to avoid irreversible adverse impacts upon the survival of any local 
populations of federally or State-listed plant or animal species. 
However, exemptions are granted for cranberry production and other 
agricultural uses, and illegal wetland filling has occurred. Outside 
the Pinelands Area, wetlands and wetland buffers are State-regulated, 
but many activities in uplands are not. Cumulative effects of upland 
development impact wetlands through sedimentation, non-point source 
pollution, changes in pH, and lowered water tables.
    Of the known extant populations of bog asphodel, at least 55 occur 
on State-owned lands, 4 occur on federally owned lands, and at least 13 
occur on private lands. Bog asphodel occurrences on public lands 
receive the highest levels of protection, but lack of enforcement 
regarding off-road vehicles is a problem on both public and private 
lands. Over-collection, as well as trampling, erosion, and siltation 
caused by recreational activities, may also affect some populations. 
Natural threats to bog asphodel at some sites include beaver-induced 
flooding, succession of savannahs to Atlantic white cedar swamps, and 
suppression of natural wildfires. The threats are moderate in magnitude 
since many occurrences receive some level of protection from some 
threats. The threats are imminent because conversion to cranberry bogs, 
natural succession, wildfire suppression, recreational impacts, and 
erosion are all ongoing. Overall, based on these imminent, moderate 
threats, we retain a listing priority number of 8 for this species.
    Nothocestrum latifolium ([revaps]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 20 steadily declining 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. This species is represented in an ex situ collection. 
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. 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 and in dry to mesic forest on the islands of Hawaii and Maui, 
Hawaii. This species is currently known from 11 populations totaling 
fewer than 130 individuals. Ochrosia haleakalae is threatened by fire; 
feral pigs, goats, and cattle that degrade and destroy habitat and may 
directly prey upon it; and nonnative plants that compete for light and 
nutrients. This species is represented in ex situ collections. Feral 
pigs, goats, and cattle have been fenced out of one wild and one 
outplanted population on private lands on the island of Maui and one 
outplanted population in Hawaii Volcanoes National Park on the island 
of Hawaii. Nonnative plants have been reduced in the fenced areas. The 
threat from fire is of a high magnitude and imminent because no control 
measures have been undertaken to address this threat that could 
adversely affect O. haleakalae as a whole. The threats from feral pigs, 
goats, and cattle are ongoing to the unfenced populations of O. 
haleakalae. The threat from nonnative plants is ongoing and imminent 
and of a high magnitude to the wild populations on both islands, and 
adversely affects the survival and reproductive capacity of the 
majority of the 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 cactus known 
from the Gray Mountain vicinity to the Arizona strip in Coconino, 
Navajo, and Mohave counties, Arizona. The cactus grows on exposed 
layers of Kaibab limestone on canyon margins and well-drained hills in 
Navajoan desert or grassland. In 1999, the Arizona Game and Fish 
Department noted 23 occurrences for the species, including historical 
ones. The species is located on Bureau of Land Management (BLM), U.S. 
Forest Service, tribal, and possibly State lands. Recent reports from 
the BLM and Navajo Nation describe populations of the species as being 
in decline. The main human-induced threats to this cactus are 
activities associated with road maintenance, off-road vehicles, and 
trampling associated with livestock grazing. Monitoring data has 
detected mortality associated with livestock grazing. Illegal 
collection of this species has been noted in the past, but we do not 
know if it is a continuing threat. The populations that have been 
monitored have been affected, in part, by the continuing drought. There 
has been very low recruitment, and rabbits and rodents have consumed 
adult plants since there is reduced forage available during these dry 
conditions. Given that there are only a few known populations, that the 
range of this taxon is limited, and that the majority of the known 
populations on BLM lands and the Navajo Nation are experiencing 
declines, we conclude that the threats are of a high magnitude. The 
threats are ongoing and, therefore, are imminent. Thus, we have 
retained an LPN of 3 for this plant variety.
    Penstemon debilis (Parachute beardtongue) - We continue to find 
that listing this species is warranted-but-precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Penstemon scariosus var. albifluvis (White River beardtongue) - The 
following summary is based on information contained in our files and 
the petition we received on October 27, 1983. 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 can expose it to destruction from 
road, pipeline, and well-site construction in connection with oil and 
gas development. Recreational off-road vehicle use, heavy grazing by 
livestock, and wildlife and livestock trampling are additional threats. 
A future threat and potentially the greatest threat to the species is 
oil shale development. The threats are of high magnitude because they 
involve habitat destruction that

[[Page 57859]]

could adversely affect the majority of the occurrences of this plant 
variety. The threats are nonimmient because threats associated with oil 
and gas and oil shale development will probably not be increasing 
substantially within the near future. Oil shale development remains 
uncertain within the species' habitat, and is not expected to be a 
significant factor in the near term. Therefore, based on current 
information, we retained an LPN of 6.
    Peperomia subpetiolata ([revaps]Ala [revaps]ala wai nui) - We 
continue to find that listing this species is warranted-but-precluded 
as of the date of publication of this notice. However, we are working 
on a proposed listing rule that we expect to publish prior to making 
the next annual resubmitted petition 12-month finding.
    Phacelia submutica (DeBeque phacelia) - We continue to find that 
listing this species is warranted-but-precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Phyllostegia bracteata (no common name) - We continue to find that 
listing this species is warranted-but-precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Phyllostegia floribunda (no common name) - The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. This species is 
an erect subshrub found in mesic to wet forest on the island of Hawaii, 
Hawaii. This species is known from 10 locations totaling fewer than 270 
wild 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 National Park Service, The Nature Conservancy, and the 
State have outplanted more than 170 individuals at Olaa Forest Reserve, 
Kona Hema, and Waiakea Forest Reserve (more than 50, 20 individuals, 
and 100 individuals, respectively). Fences protect approximately five 
populations on private, State, and National Park lands. Nonnative 
plants have been reduced in these fenced areas. However, no 
conservation efforts have been implemented for the unfenced 
populations. This species is represented in ex situ collections. 
Overall, the threats are moderate because conservation efforts for over 
half of the populations reduce the severity of the threats. The threats 
are ongoing in the unfenced portions and must be constantly managed in 
the fenced portions. Therefore, the threats are imminent. We retained 
an LPN of 8 because the threats are of moderate magnitude and are 
imminent for the majority of the populations.
    Physaria douglasii ssp. tuplashensis (White Bluffs bladder-pod) - 
See above in ``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.
    Platanthera integrilabia (Correll) Leur (White fringeless orchid) - 
See above in ``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.
    Platydesma cornuta var. cornuta (no common name) - We continue to 
find that listing this species is warranted-but-precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted petition 12-month finding.
    Platydesma cornuta var. decurrens (no common name) - We continue to 
find that listing this species is warranted-but-precluded as of the 
date of publication of this notice. However, we are working on a 
proposed listing rule that we expect to publish prior to making the 
next annual resubmitted petition 12-month finding.
    Platydesma remyi (no common name) - The following summary is based 
on information contained in our files. No new information was provided 
in the petition we received on May 11, 2004. Platydesma remyi is a 
shrub or shrubby tree found in wet forests on old volcanic slopes on 
the island of Hawaii, Hawaii. This species is known from 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. This species is represented in an ex situ collection, 
and by one individual included in a rare plant exclosure in the 
Laupahoehoe Natural Area Reserve. The threats are ongoing and therefore 
imminent, and of a high magnitude because of their severity; the 
threats cause direct mortality or significantly reduce the reproductive 
capacity of the species throughout its limited range. Therefore, we 
retained an LPN of 2 for this species.
    Pleomele forbesii (Hala pepe) - We continue to find that listing 
this species is warranted-but-precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 
petition 12-month finding.
    Potentilla basaltica (Soldier Meadow cinquefoil or basalt 
cinquefoil) - The following summary is based on information contained 
in our files; the petition we received on May 11, 2004, provided no 
additional information on the species. Potentilla basaltica is a low 
growing, rhizomatous, herbaceous perennial that is associated with 
alkali meadows, seeps, and occasionally marsh habitats bordering 
perennial thermal springs, outflows, and meadow depressions. In Nevada, 
the species is known only from Soldier Meadow in Humboldt County. In 
northeastern California, a single population occurs in Lassen County. 
At Soldier Meadow, there are 11 discrete known occurrences within an 
area of about 24 acres (9.6 hectares) that support about 130,000 
individuals. The California population occurs on private and public 
land and supports fewer than 1,000 plants. The public land has been 
designated as an Area of Critical Environmental Concern by the Bureau 
of Land Management.
    The species and its habitat are threatened by recreational use as 
well as the impacts of past water diversions, livestock grazing, and 
off-road vehicle travel. Conservation measures implemented recently by 
the Bureau of Land Management in Nevada include the installation of 
fencing to exclude livestock, wild horses, burros, and other large 
mammals; the closure of access roads to spring, riparian, and wetland 
areas and the limiting of vehicles to designated routes; the 
establishment of a designated campground away from the habitats of 
sensitive species; the installation of educational signage; and an 
increased staff presence, including law enforcement and a volunteer 
site steward during the 6-month period of peak visitor use. In 
California, public land management actions include prohibiting 
livestock salting in the vicinity of springs, a proposed long-term 
monitoring plot, limitations on camping near springs, withdrawal from 
salable mineral leasing, and recommendations to withdrawal the land 
from mineral entry. 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.

[[Page 57860]]

Until a monitoring program is in place that allows us to assess the 
long-term trend of the species, we have assigned a LPN of 11.
    Pseudognaphalium (Gnaphalium) sandwicensium var. molokaiense 
(Enaena) - The following summary is based on information contained in 
our files. No new information was provided in the petition we received 
on May 11, 2004. Pseudognaphalium sandwicensium var. molokaiense is a 
perennial herb found in strand vegetation in dry consolidated dunes on 
Molokai and Maui, Hawaii. This variety is known from five populations 
totaling approximately 10,000 to 20,000 individuals (depending upon 
rainfall) in the Moomomi area on the island of Molokai, and from two 
populations of a few individuals at Waiehu dunes and at Puu Kahulianapa 
on west Maui. Pseudognaphalium sandwicensium var. molokaiense is 
threatened by feral goats and axis deer that degrade and destroy 
habitat and possibly prey upon it, and by nonnative plants that compete 
for light and nutrients. Potential threats also include collection for 
lei and off-road vehicles that directly damage plants and degrade 
habitat. Weed control protects one population on Molokai; however, no 
conservation efforts have been initiated to date for the other 
populations on Molokai or for the individuals on Maui. This species is 
represented by an ex situ collection. 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 result in direct mortality or 
significantly reduce reproductive capacity for the majority of the 
populations. Therefore, we retained an LPN of 3 for this plant variety.
    Psychotria hexandra ssp. oahuensis var. oahuensis (Kopiko) - We 
continue to find that listing this species is warranted-but-precluded 
as of the date of publication of this notice. However, we are working 
on a proposed listing rule that we expect to publish prior to making 
the next annual resubmitted petition 12-month finding.
    Pteralyxia macrocarpa (Kaulu) - We continue to find that listing 
this species is warranted-but-precluded as of the date of publication 
of this notice. However, we are working on a proposed listing rule that 
we expect to publish prior to making the next annual resubmitted 
petition 12-month finding.
    Ranunculus hawaiensis (Makou) - The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Ranunculus hawaiensis is an 
erect or ascending perennial herb found in mesic to wet forest 
dominated by Metrosideros polymorpha and Acacia koa with scree 
substrate (loose stones or rocky debris on a slope) on Maui and the 
island of Hawaii, Hawaii. Populations formerly within Haleakala 
National Park have been extirpated. This species is currently known 
from fewer than 15 individuals in four populations: three wild 
populations occur on Hawaii totaling 11 individuals, and a Maui 
population (Kukui planeze) which was not relocated on a survey 
conducted in 2006. In addition, one wild population at Waikamoi (on 
Maui) was last observed in 1995. Ranunculus hawaiensis is threatened by 
direct predation by slugs, feral pigs, goats, cattle, mouflon, and 
sheep; by pigs, goats, cattle, mouflon and sheep that degrade and 
destroy habitat; and by nonnative plants that compete for light and 
nutrients. Three populations have been outplanted into protected 
exclosures; however, feral ungulates and nonnative plants are not 
controlled in the remaining, unfenced populations. In addition, the 
threat from introduced slugs is of a high magnitude because slugs occur 
throughout the limited range of this species and no effective measures 
have been undertaken to control them or prevent them from causing 
significant adverse impacts to this species. Overall, the threats from 
pigs, goats, cattle, mouflon, sheep, slugs, and nonnative plants are of 
a high magnitude, and ongoing (imminent) for R. hawaiensis. We retained 
an LPN of 2 for this species.
    Ranunculus mauiensis (Makou) - The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Ranunculus mauiensis is an 
erect to weakly ascending perennial herb found in open sites in mesic 
to wet forest and along streams on the islands of Maui, Kauai, and 
Molokai, Hawaii. This species is currently known from 13 locations 
totaling fewer than 170 individuals. Ranunculus mauiensis is threatened 
by feral pigs, goats, mule deer and axis deer, and slugs that consume 
it; by habitat degradation and destruction by feral pigs, goats and 
deer; and by nonnative plants that compete for light and nutrients. 
This species is represented in ex situ collections. Feral pigs have 
been fenced out of 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. 
However, ongoing conservation efforts benefit only the Maui and Molokai 
individuals, and absent conservation efforts for the Kauai individuals, 
the threats continue to be of a high magnitude on Kauai. Therefore, 
since half of the individuals are found on Kauai, threats to the 
species overall are also of a high magnitude because these threats 
significantly reduce the reproductive capacity and thus, the survival 
of this species. In addition, the threats 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. Rorippa subumbellata is a small 
perennial herb known only from the shores of Lake Tahoe in California 
and Nevada. Data collected over the last 25 years generally indicate 
that species occurrence fluctuates yearly as a function of both lake 
level and the amount of exposed habitat. Records kept since 1900 show a 
preponderance of years with high lake levels that would isolate and 
reduce R. subumbellata occurrences at higher beach elevations. 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. Rorippa subumbellata was present at 45 of the 72 sites 
surveyed (65 percent occupied), up from 15 sites (19 percent occupied) 
in 2000 when the lake level was high at 6,228 ft. Approximately 25,200 
stems were counted or estimated in 2003, whereas during the 2000 annual 
survey, the estimated number of stems was 4,590. Lake levels began to 
rise again in 2005 and less habitat was available. Lake levels began to 
drop again in 2006 though 2008 leading to an increase in both occupied 
sites and estimated stem counts. Lake levels are expected to continue 
to drop in 2009.
    Many Rorippa subumbellata sites are intensively used for commercial 
and public purposes and are subject to various activities such as 
erosion control, marina developments, pier construction, and 
recreation. The U.S. Forest Service, California Tahoe Conservancy, and 
California Department of Parks and Recreation have management programs 
for R. subumbellata that include monitoring, fenced enclosures, and 
transplanting

[[Page 57861]]

efforts when funds and staff are available. Public agencies (including 
the Service), private landowners, and environmental groups collaborated 
to develop a conservation strategy coupled with a Memorandum of 
Understanding/Conservation Agreement. The conservation strategy, 
completed in 2003, contains goals and objectives for recovery and 
survival, a research and monitoring agenda, and serves as the 
foundation for an adaptive management program. Because of the continued 
commitments to conservation demonstrated by regulatory and land 
management agencies participating in the conservation strategy, we have 
determined the threats to R. subumbellata from various land uses have 
been reduced to a moderate magnitude. In high lake level years such as 
2005, however, recreational use is concentrated within R. subumbellata 
habitat, and we consider this threat in particular to be ongoing and 
imminent. Therefore, we have maintained an LPN of 8 for this species.
    Schiedea pubescens (Maolioli) - The following summary is based on 
information contained in our files. No new information was provided in 
the petition we received on May 11, 2004. Schiedea pubescens is a 
reclining or weakly climbing vine found in diverse mesic to wet forest 
on Maui, Molokai, and Hawaii. Currently, this species is known from six 
populations totaling between 29 and 71 individuals on Maui, from four 
populations totaling 25 individuals on Molokai, and from one population 
of 4 to 6 individuals on the island of Hawaii. Schiedea pubescens is 
threatened by feral pigs and goats that consume it and degrade and 
destroy habitat, and by nonnative plants that compete for light and 
nutrients. Feral ungulates have been fenced out of the population of S. 
pubescens on Hawaii. Feral goats have been fenced out of a few of the 
west Maui populations of S. pubescens. Nonnative plants have been 
reduced in the populations that are fenced on Maui. However, the 
threats are not controlled and are ongoing in the remaining unfenced 
populations on Maui and the three populations on Molokai. Fire is a 
potential threat to the Hawaii Island population. In light of the 
extremely low number of individuals of this species, the threats from 
goats and nonnative plants are of a high magnitude because they result 
in mortaility and reduced reproductive capacity for the majority of the 
populations. The threats are imminent because they are ongoing with 
respect to most of the populations. Therefore, we retained an LPN of 2 
for this species.
    Schiedea salicaria (no common name) - We continue to find that 
listing this species is warranted-but-precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Sedum eastwoodiae (Red Mountain stonecrop) - The following summary 
is based on information contained in our files and information provided 
by the California Department of Fish and Game. The petition we received 
on May 11, 2004 provided no new information on the species. Red 
Mountain stonecrop is a perennial succulent which occupies relatively 
barren, rocky openings and cliffs in lower montane coniferous forests, 
between 1,900 and 4,000 feet elevation. Its distribution is limited to 
Red Mountain, Mendocino County, California, where it occupies in excess 
of 54 acres scattered over 4 square miles. Total population size has 
not been determined, but a preliminary estimate suggests the population 
may be in excess of 29,000 plants, occupying more 27 discrete habitat 
polygons. Intensive monitoring suggests considerable annual variation 
in plant seedling success and inflorescence production. The primary 
threat to the species is the potential for surface mining for chromium 
and nickel. The entire distribution Red Mountain stonecrop is either 
owned by mining interests, or is covered by mining claims, none of 
which are currently active. Surface mining would destroy habitat 
suitability for this species. The species is also believed threatened 
by tree and shrub encroachment into its habitat, in the absence of 
fire. Some 25 percent of its known distribution occurred within the 
boundary of the Red Mountain Fire of June 2008. However, the extent and 
manner in which Red Mountain stonecrop and its habitat were affected by 
that fire is not yet known. Given the high magnitude and nonimminent 
threats to the small, scattered populations of this plant species, we 
assigned an LPN of 5 to Red Mountain stonecrop.
    Sicyos macrophyllus ([revaps]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 11 populations totaling fewer than 50 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, 
cattle, and mouflon sheep that degrade and destroy habitat, and 
nonnative plants that compete for light and nutrients. This species is 
represented in ex situ collections. Feral pigs have been fenced out of 
some of the areas where S. macrophyllus currently occurs, but the 
fences do not exclude sheep. Nonnative plants have been reduced in the 
populations that are fenced. However, the threats are not controlled 
and are ongoing in the remaining, unfenced populations, and are, 
therefore, imminent. Similarly the threat from 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) - 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 Molokai (approximately 
300 plants), the island of Hawaii (5 plants), and the northwestern 
Hawaiian Islands (NWHI): The current populations in the NWHI are found 
on: Midway (approximately 260 plants), Laysan (approximately 490 
plants), Pearl and Hermes (unknown number of individuals), Nihoa (8,000 
to 15,000 adult plants). On Molokai, S. nelsonii is moderately 
threatened by ungulates that degrade and destroy habitat, and may eat 
S. nelsonii. On Molokai and the northwestern Hawaiian Islands this 
species is threatened by nonnative plants that outcompete and displace 
it, and by predation by a nonnative grasshopper. This species is 
represented in ex situ collections. Ungulate exclusion fences, routine 
fence monitoring and maintenance, and weed control protect the 
population of S. nelsonii on Molokai. Limited weed control is conducted 
in the northwestern Hawaiian Islands. These threats are of moderate 
magnitude because of the relatively large number of

[[Page 57862]]

plants, and are imminent for the majority of the populations because 
they are ongoing and are not being controlled. We therefore retained an 
LPN of 8 for this species.
    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 11 populations totaling fewer than 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. This species is represented 
in an ex situ collection. All of the threats are ongoing rangewide, and 
no efforts for control or eradication are being undertaken for the 
pigs, nonnative plants, or rats. These threats significantly affect the 
entire species particularly in light of its small population size. We 
retained an LPN of 2 because these imminent threats are of a high 
magnitude.
    Symphyotrichum georgianum (Georgia aster) - The following summary 
is based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. Georgia aster 
currently occurs in the states of Alabama, Georgia, North Carolina and 
South Carolina. The species is presumed extant in three counties in 
Alabama, ten counties in Georgia, nine counties in North Carolina, and 
eleven counties in South Carolina. The species appears to have been 
eliminated from Florida.
    Georgia aster is a relict species of post oak savannah/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. Most populations are small (10-100 stems), and 
since the species' main mode of reproduction is vegetative, each 
isolated population may represent only a few genotypes. Many 
populations are threatened by one or more of the following factors: 
woody succession due to fire suppression, development, highway 
expansion/improvement, and herbicide application. The threats described 
above are currently occurring and are therefore, imminent. These 
threats are expected to operate throughout the range of the species; 
however data on the frequency, timing, and consequences of these 
threats are lacking. Based upon data on other rare plant species, some 
of which are federally listed, occurring in similar habitats and 
possessing similar life histories, we do not currently expect that 
these threats are likely to be irreversible (e.g., to result in the 
extirpation of populations) in the near future. Therefore, the 
magnitude of threats is moderate to low. Thus we assigned an LPN of 8 
to this species.
    Zanthoxylum oahuense (Ae) - We continue to find that listing this 
species is warranted-but-precluded as of the date of publication of 
this notice. However, we are working on a proposed listing rule that we 
expect to publish prior to making the next annual resubmitted petition 
12-month finding.

Ferns and Allies

    Christella boydiae (no common name) - The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. This species is a 
small- to medium-sized fern found in mesic to wet forest along 
streambanks on Oahu and Maui, Hawaii. Historically, this species was 
also found on the island of Hawaii, but it has been extirpated there. 
Currently, this species is known from five populations totaling 316 
individuals. This species is threatened by feral pigs that degrade and 
destroy habitat and may eat this plant, nonnative plants that compete 
for light and nutrients, and stream diversion. Feral pigs have been 
fenced out of the largest population on Maui, and nonnative plants have 
been reduced in the fenced area. No conservation efforts are under way 
to alleviate threats to the other two populations on Maui, or for the 
two populations on Oahu. This species is represented in an ex situ 
collection. The magnitude of the threats acting upon the currently 
extant populations is moderate because the largest population is 
protected from pigs, and nonnative plants have been reduced in this 
area. The threats are ongoing and therefore imminent. Therefore, we 
retained an LPN of 8 for this species.
    Doryopteris takeuchii (no common name) - We continue to find that 
listing this species is warranted-but-precluded as of the date of 
publication of this notice. However, we are working on a proposed 
listing rule that we expect to publish prior to making the next annual 
resubmitted petition 12-month finding.
    Huperzia stemmermanniae (Waewaeiole) - The following summary is 
based on information contained in our files. No new information was 
provided in the petition we received on May 11, 2004. This species is 
an epiphytic pendant clubmoss found in mesic to wet Metrosideros 
polymorpha-Acacia koa (ohia-koa) forests on the islands of Maui and 
Hawaii, Hawaii. Only four populations are known, totaling 19 to 29 
individuals on Hawaii and Maui. Huperzia stemmermanniae is threatened 
by feral pigs, goats, cattle, and deer that degrade and destroy 
habitat, and by nonnative plants that compete for light, space, and 
nutrients. It is also threatened by randomly occurring natural events 
due to its small population size. One individual at Waikamoi Preserve 
may benefit from fencing for deer and pigs. This species is represented 
in ex situ collections. The threats 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 limited range, 
resulting in direct mortality or significantly reducing reproductive 
capacity. The threats are imminent because they are ongoing. Therefore, 
we retained an LPN of 2 for this species.
    Microlepia strigosa var. mauiensis (Palapalai) - The following 
summary is based on information contained in our files. No new 
information was provided in the petition we received on May 11, 2004. 
Palapalai is a terrestrial fern found in mesic to wet forests. It is 
currently found on the islands of Maui, Hawaii, and Oahu, from at least 
10 populations totaling at least 46 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. The threats are of a high magnitude 
because they are sufficiently severe to adversely affect the species 
throughout its range, resulting in direct mortality or significantly 
reducing reproductive

[[Page 57863]]

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 six 
petitions seeking to reclassify threatened species to endangered 
status. The taxa involved are three populations of the grizzly bear 
(Ursus arctos horribilis), the spikedace (Meda fulgida), the loach 
minnow (Tiaroga cobitis), and Sclerocactus brevispinus (Pariette 
cactus). Because these species are already listed under the Act, they 
are not candidates for listing and are not included in Table 1. 
However, this notice and associated species assessment forms also 
constitute the resubmitted petition findings for these species. For the 
three grizzly bear populations, we have not updated the information in 
our assessments through this notice as explained below. Although, we 
are completing an ongoing review of the status of the grizzly bear in 
the lower 48 States outside of the Greater Yellowstone Areas (see 
below), we continue to find that reclassification to endangered for 
each of the three populations (described below) is warranted but 
precluded by work indentified above (see ``Petition Findings for 
Candidate Species''). For the spikedace, loach minnow, and Sclerocactus 
brevispinus, our updated assessments are provided below. We find that 
reclassification to endangered status for the spikedace, loach minnow, 
and Sclerocactus brevispinus is currently warranted but precluded by 
work identified above (see ``Petition Findings for Candidate 
Species''). One of the primary reasons that the work identified above 
is considered higher priority is that the grizzly bear populations, 
spikedace, loach minnow, and Sclerocactus brevispinus are currently 
listed as threatened, and therefore 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., to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect, or attempt to engage in such 
activity). For plants, prohibited actions under section 9 include 
removing or reducing to possession any listed plant from an area under 
Federal jurisdiction (50 CFR 17.61). Other protections include those 
under section 7(a)(2) of the Act whereby Federal agencies must insure 
that any action they authorize, fund, or carry out is not likely to 
jeopardize the continued existence of any endangered or threatened 
species.
    Grizzly bear (Ursus arctos horribilis) North Cascades ecosystem, 
Cabinet-Yaak, and Selkirk populations (Region 6) - We have not updated 
the information in our uplisting findings with regard to the grizzly 
bear (Ursus arctos horribilis) populations in the North Cascade, the 
Cabinet-Yaak, or the Selkirk Ecosystems in this notice. Between 1991 
and 1999, we issued warranted-but-precluded findings to reclassify 
grizzly bears as endangered in the North Cascades (56 FR 33892-33894, 
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). However, none 
of these 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 petitioned entity is a 
``listable entity'' and, therefore, if the petitioned action remains 
warranted-but-precluded. While our 1999 revised 12-month finding 
included 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 the 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 constitute a significant portion of the 
grizzly bear's range.
    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 
determine if any of the populations warrant endangered status. We 
expect this 5-year review to be completed in late 2009.
    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 shear zones, sheet flow, and eddies 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, and possibly 
the Verde River. Spikedace have been translocated into Hot Springs and 
Redfield Canyon (San Pedro River tributaries), Fossil Creek (Verde 
River tributary), Bonita Creek (Gila River tributary), and the San 
Francisco River (in New Mexico). Should these populations become self-
sustaining, they will ultimately contribute to species recovery.
    The threats to this species are primarily from nonnative aquatic 
species and water withdrawals, including groundwater pumping. Other 
threats include improper livestock grazing, road construction, and 
recreation. Spikedace 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 as 
Federal agencies remove cattle from streams directly, but upland 
conditions continue

[[Page 57864]]

to affect 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.
    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 in 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, and Negrito creeks. Small 
populations are also present in Eagle Creek and the Black River. Loach 
minnow have been translocated into Hot Springs and Redfield Canyon (San 
Pedro River tributaries), Fossil Creek (Verde River tributary), and 
Bonita Creek (Gila River tributary). Should these populations become 
self-sustaining, they will ultimately contribute to species' recovery.
    The threats to this species are primarily from nonnative aquatic 
species and water withdrawals, including groundwater pumping. Other 
threats include improper livestock grazing, road construction, and 
recreation. Loach minnow occur in only 10 to 15 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, 
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 as Federal 
agencies remove cattle from streams directly, but upland conditions 
continue to affect 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.
    Sclerocactus brevispinus (Pariette cactus) (Region 6) (see 72 FR 
53211, September 18, 2007, and the species assessment form (see 
ADDRESSES) for additional information on why reclassification to 
endangered is warranted-but-precluded) - The Pariette cactus is 
restricted to clay bad-lands of the Wagon Hound member of the Uinta 
Formation in the Uinta Basin of northeastern Utah. The species is 
restricted to one population with an overall range of approximately 10 
miles by 5 miles in extent. The species' entire population is within a 
developed and expanding oil and gas field. The location of the species' 
habitat exposes it to destruction from road, pipeline, and well-site 
construction in connection with oil and gas development. The species is 
collected as a specimen plant for horticultural use. Recreational off-
road vehicle use and livestock trampling are additional threats. The 
species is currently federally listed as threatened by its previous 
inclusion within the species Sclerocactus glaucus. The ongoing threats 
are of a high magnitude since any one of the threats has the potential 
to severely affect this species because it is a narrow endemic species 
with a highly limited range and distribution. Thus, we assigned this 
species an LPN of 2 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 sort plants by 
scientific name due to the inconsistencies in common names, the 
inclusion of vernacular and composite subspecific names, and the fact 
that many plants still lack a standardized common name.
    Table 1 lists all candidate species, plus species currently 
proposed for listing under the Act. We emphasize that in this notice we 
are not proposing to list any of the candidate species; rather, we will 
develop and publish proposed listing rules for these species in the 
future. We encourage State agencies, other Federal agencies, and other 
parties to give consideration to these species in environmental 
planning.
    In Table 1, the ``category'' column on the left side of the table 
identifies the status of each species according to the following codes:
    PE - Species proposed for listing as endangered. Proposed species 
are those species for which we have published a proposed rule to list 
as endangered or threatened in the Federal Register. This category does 
not include species for which we have withdrawn or finalized the 
proposed rule.
    PT - Species proposed for listing as threatened.
    PSAT - Species proposed for listing as threatened due to similarity 
of appearance.
    C - Candidates: Species for which we have on file sufficient 
information on biological vulnerability and threats to

[[Page 57865]]

support proposals to list them as endangered or threatened. Issuance of 
proposed rules for these species is precluded at present by other 
higher priority listing actions. This category includes species for 
which we made a 12-month warranted-but-precluded finding on a petition 
to list. We made new findings on all petitions for which we previously 
made ``warranted-but-precluded'' findings. We identify the species for 
which we made a continued warranted-but-precluded finding on a 
resubmitted petition by the code ``C*'' in the category column (see 
``Findings for Petitioned Candidate Species'' section for additional 
information).
    The ``Priority'' column indicates the LPN for each candidate 
species which we use to determine the most appropriate use of our 
available resources. The lowest numbers have the highest priority. We 
assign LPNs based on the immediacy and magnitude of threats as well as 
on taxonomic status. We published a complete description of our listing 
priority system in the Federal Register (48 FR 43098, September 21, 
1983).
    The third column, ``Lead Region,'' identifies the Regional Office 
to which you should direct information, comments, or questions (see 
addresses under Request for Information at the end of the SUPPLEMENTARY 
INFORMATION section).
    Following the scientific name (fourth column) and the family 
designation (fifth column) is the common name (sixth column). The 
seventh column provides the known historical range for the species or 
vertebrate population (for vertebrate populations, this is the 
historical range for the entire species or subspecies and not just the 
historical range for the distinct population segment), indicated by 
postal code abbreviations for States and U.S. territories. Many species 
no longer occur in all of the areas listed.
    Species in Table 2 of this notice are those we included either as 
proposed species or as candidates in the previous CNOR (published 
December 10, 2008) that are no longer proposed species or candidates 
for listing. Since December 10, 2008, we listed one species and removed 
four species from candidate status for the reasons indicated by the 
codes. The first column indicates the present status of each species, 
using the following codes (not all of these codes may have been used in 
this CNOR):
    E - Species we listed as endangered.
    T - Species we listed as threatened.
    Rc - Species we removed from the candidate list because currently 
available information does not support a proposed listing.
    Rp - Species we removed from the candidate list because we have 
withdrawn the proposed listing.
    The second column indicates why we no longer regard the species as 
a candidate or proposed species using the following codes (not all of 
these codes may have been used in this CNOR):
    A - Species that are more abundant or widespread than previously 
believed and species that are not subject to the degree of threats 
sufficient to warrant continuing candidate status, or issuing a 
proposed or final listing.
    F - Species whose range no longer includes a U.S. territory.
    I - Species for which we have insufficient information on 
biological vulnerability and threats to support issuance of a proposed 
rule to list.
    L - Species we added to the Lists of Endangered and Threatened 
Wildlife and Plants.
    M - Species we mistakenly included as candidates or proposed 
species in the last notice of review.
    N - Species that are not listable entities based on the Act's 
definition of ``species'' and current taxonomic understanding.
    U - Species that are not subject to the degree of threats 
sufficient to warrant issuance of a proposed listing or continuance of 
candidate status due, in part or totally, to conservation efforts that 
remove or reduce the threats to the species.
    X - Species we believe to be extinct.
    The columns describing lead region, scientific name, family, common 
name, and historical range include information as previously described 
for Table 1.

Request for Information

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

[[Page 57866]]

undertake necessary listing actions (including whether emergency 
listing pursuant to section 4(b)(7) of the Act is appropriate). 
Information and comments we receive will become part of the 
administrative record for the species, which we maintain at the 
appropriate Regional Office.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your submission, be advised 
that your entire submission - including your personal identifying 
information - may be made publicly available at any time. Although you 
can ask us in your submission to withhold from public review your 
personal indentifying information, we cannot guarantee that we will be 
able to do so.

Authority

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

    Dated: October 29, 2009
Christine E. Eustis
Acting Director, Fish and Wildlife Service

                                               Table 1. - Candidate Notice of Review (Animals and Plants)
                              Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Status
-----------------------------------------------------     Lead region       Scientific name         Family            Common name      Historical range
            Category                   Priority
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         MAMMALS
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 2                   R4                  Eumops floridanus   Molossidae          Bat, Florida        U.S.A. (FL)
                                                                                                                   bonneted
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R1                  Emballonura         Emballonuridae      Bat, Pacific        U.S.A. (GU, CNMI)
                                                                           semicaudata                             sheath-tailed
                                                                           rotensis                                (Mariana Islands
                                                                                                                  subspecies).......
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R1                  Emballonura         Emballonuridae      Bat, Pacific        U.S.A. (AS), Fiji,
                                                                           semicaudata                             sheath-tailed       Independent
                                                                           semicaudata                             (American Samoa     Samoa, Tonga,
                                                                                                                   DPS)                Vanuatu
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R5                  Sylvilagus          Leporidae           Cottontail, New     U.S.A. (CT, MA,
                                                                           transitionalis                          England             ME, NH, NY, RI,
                                                                                                                                       VT)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                6                   R8                  Martes pennanti     Mustelidae          Fisher (west coast  U.S.A. (CA, CT,
                                                                                                                   DPS)                IA, ID, IL, IN,
                                                                                                                                       KY, MA, MD,ME,
                                                                                                                                       MI, MN, MT, ND,
                                                                                                                                       NH, NJ, NY, OH,
                                                                                                                                       OR, PA, RI, TN,
                                                                                                                                       UT, VA, VT, WA,
                                                                                                                                       WI, WV, WY),
                                                                                                                                       Canada
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R2                  Zapus hudsonius     Zapodidae           Mouse, New Mexico   U.S.A. (AZ, CO,
                                                                           luteus                                  meadow jumping      NM)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R1                  Thomomys mazama     Geomyidae           Pocket gopher,      U.S.A. (WA)
                                                                           couchi                                  Shelton
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 3                   R1                  Thomomys mazama     Geomyidae           Pocket gopher,      U.S.A. (WA)
                                                                           douglasii                              Brush Prairie.....
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R1                  Thomomys mazama     Geomyidae           Pocket gopher, 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,      U.S.A. (WA)
                                                                           yelmensis                               Yelm
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 57867]]

 
C*                                3                   R6                  Cynomys gunnisoni   Sciuridae           Prairie dog,        U.S.A. (CO, NM)
                                                                                                                   Gunnison's
                                                                                                                   (central and
                                                                                                                  south-central
                                                                                                                   Colorado, north-
                                                                                                                   central New.
                                                                                                                  Mexico SPR).......
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R8                  Spermophilus        Sciuridae           Squirrel, Palm      U.S.A. (CA)
                                                                           tereticaudus                            Springs (=
                                                                           chlorus                                 Coachella Valley)
                                                                                                                   round-tailed
                                                                                                                   ground
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                9                   R1                  Spermophilus        Sciuridae           Squirrel, Southern  U.S.A. (ID)
                                                                           brunneus                                Idaho ground
                                                                           endemicus
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R1                  Spermophilus        Sciuridae           Squirrel,           U.S.A. (WA, OR)
                                                                           washingtoni                             Washington ground
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          BIRDS
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Loxops              Fringillidae        Akekee              U.S.A. (HI)
                                                                           caeruleirostris                         (honeycreeper)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Oreomystis bairdi   Fringillidae        Akikiki (Kauai      U.S.A. (HI)
                                                                                                                   creeper)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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*                                3                   R8                  Coccyzus            Cuculidae           Cuckoo, yellow-     U.S.A. (Lower 48
                                                                           americanus                              billed (Western     States), Canada,
                                                                                                                   U.S. DPS)           Mexico, Central
                                                                                                                                       and South America
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                9                   R1                  Gallicolumba        Columbidae          Ground-dove,        U.S.A. (AS),
                                                                           stairi                                  friendly            Independent Samoa
                                                                                                                   (American Samoa
                                                                                                                   DPS)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R1                  Eremophila          Alaudidae           Horned lark,        U.S.A. (OR, WA),
                                                                           alpestris                               streaked            Canada (BC)
                                                                           strigata
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R5                  Calidris canutus    Scolopacidae        Knot, red           U.S.A. (Atlantic
                                                                           rufa                                                        coast), Canada,
                                                                                                                                       South America
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R7                  Gavia adamsii       Gaviidae            Loon, yellow-       U.S.A. (AK),
                                                                                                                   billed              Canada, Norway,
                                                                                                                                       Russia, coastal
                                                                                                                                       waters of
                                                                                                                                       southern Pacific
                                                                                                                                       and North Sea
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R7                  Brachyramphus       Alcidae             Murrelet,           U.S.A. (AK),
                                                                           brevirostris                            Kittlitz's          Russia.
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R8                  Synthliboramphus    Alcidae             Murrelet, Xantus's  U.S.A. (CA),
                                                                           hypoleucus                                                  Mexico
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R2                  Tympanuchus         Phasianidae         Prairie-chicken,    U.S.A. (CO, KA,
                                                                           pallidicinctus                          lesser              NM, OK, TX)
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 57868]]

 
C*                                6                   R1                  Centrocercus        Phasianidae         Sage-grouse,        U.S.A. (AZ, CA,
                                                                           urophasianus                            greater             CO, ID, MT, ND,
                                                                                                                  (Columbia Basin      NE, NV, OR, SD,
                                                                                                                   DPS).               UT, WA, WY),
                                                                                                                                       Canada (AB, BC,
                                                                                                                                       SK)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R1                  Oceanodroma castro  Hydrobatidae        Storm-petrel, band- U.S.A. (HI),
                                                                                                                   rumped (Hawaii      Atlantic Ocean,
                                                                                                                   DPS)                Ecuador
                                                                                                                                       (Galapagos
                                                                                                                                       Islands), Japan
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                11                  R4                  Dendroica angelae   Emberizidae         Warbler, elfin-     U.S.A. (PR)
                                                                                                                   woods
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        REPTILES
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R2                  Thamnophis eques    Colubridae          Gartersnake,        U.S.A. (AZ, NM,
                                                                           megalops                                northern Mexican    NV), Mexico
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R2                  Sceloporus          Iguanidae           Lizard, sand dune   U.S.A. (TX, NM)
                                                                           arenicolus
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                9                   R3                  Sistrurus           Viperidae           Massasauga          U.S.A. (IA, IL,
                                                                           catenatus                               (=rattlesnake),     IN, MI, MO, MN,
                                                                           catenatus                               eastern             NY, OH, PA, WI),
                                                                                                                                       Canada
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R4                  Pituophis           Colubridae          Snake, black pine   U.S.A. (AL, LA,
                                                                           melanoleucus                                                MS)
                                                                           lodingi
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R4                  Pituophis ruthveni  Colubridae          Snake, Louisiana    U.S.A. (LA, TX)
                                                                                                                   pine
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R2                  Kinosternon         Kinosternidae       Turtle, Sonoyta     U.S.A. (AZ),
                                                                           sonoriense                              mud                 Mexico
                                                                           longifemorale
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       AMPHIBIANS
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                9                   R8                  Rana luteiventris   Ranidae             Frog, Columbia      U.S.A. (AK, ID,
                                                                                                                   spotted (Great      MT, NV, OR, UT,
                                                                                                                   Basin DPS)          WA, WY), Canada
                                                                                                                                       (BC)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R8                  Rana muscosa        Ranidae             Frog, mountain      U.S.A (CA, NV)
                                                                                                                   yellow-legged
                                                                                                                   (Sierra Nevada
                                                                                                                   DPS)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Rana pretiosa       Ranidae             Frog, Oregon        U.S.A. (CA, OR,
                                                                                                                   spotted             WA), Canada (BC)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                11                  R8                  Rana onca           Ranidae             Frog, relict        U.S.A. (AZ, NV,
                                                                                                                   leopard             UT)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R3                  Cryptobranchus      Crytobranchidae     Hellbender, Ozark   U.S.A. (AR, MO)
                                                                           alleganiensis
                                                                           bishopi
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R2                  Eurycea             Plethodontidae      Salamander, Austin  U.S.A. (TX)
                                                                           waterlooensis                           blind
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R2                  Eurycea naufragia   Plethodontidae      Salamander,         U.S.A. (TX)
                                                                                                                   Georgetown
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R2                  Eurycea tonkawae    Plethodontidae      Salamander,         U.S.A. (TX)
                                                                                                                   Jollyville
                                                                                                                  Plateau...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R2                  Eurycea             Plethodontidae      Salamander, Salado  U.S.A. (TX)
                                                                           chisholmensis
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                11                  R8                  Bufo canorus        Bufonidae           Toad, Yosemite      U.S.A. (CA)
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 57869]]

 
C                                 3                   R2                  Hyla wrightorum     Hylidae             Treefrog, Arizona   U.S.A. (AZ),
                                                                                                                   (Huachuca/Canelo    Mexico (Sonora)
                                                                                                                   DPS)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R4                  Necturus            Proteidae           Waterdog, black     U.S.A. (AL)
                                                                           alabamensis                             warrior (=Sipsey
                                                                                                                   Fork)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         FISHES
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R2                  Gila nigra          Cyprinidae          Chub, headwater     U.S.A. (AZ, NM)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                9                   R2                  Gila robusta        Cyprinidae          Chub, roundtail     U.S.A. (AZ, CO,
                                                                                                                   (Lower Colorado     NM, UT, WY)
                                                                                                                   River Basin DPS)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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                                 2                   R5                  Crystallaria        Percidae            Darter, diamond     U.S.A. (KY, OH,
                                                                           cincotta                                                    TN, WV)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   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,             U.S.A (AR)
                                                                                                                   yellowcheek
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R4                  Noturus crypticus   Ictaluridae         Madtom, chucky      U.S.A. (TN)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 5                   R4                  Moxostoma sp.       Catostomidae        Redhorse,           U.S.A. (GA, NC,
                                                                                                                   sicklefin           TN)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R3                  Cottus sp.          Cottidae            Sculpin, grotto     U.S.A. (MO)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R2                  Notropis            Cyprinidae          Shiner, sharpnose   U.S.A. (TX)
                                                                           oxyrhynchus
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R2                  Notropis buccula    Cyprinidae          Shiner, smalleye    U.S.A. (TX)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R2                  Catostomus          Catostomidae        Sucker, Zuni        U.S.A. (AZ, NM)
                                                                           discobolus                              bluehead
                                                                           yarrowi
--------------------------------------------------------------------------------------------------------------------------------------------------------
PSAT                              N/A                 R1                  Salvelinus malma    Salmonidae          Trout, Dolly        U.S.A. (AK, WA),
                                                                                                                   Varden              Canada, East Asia
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                9                   R2                  Oncorhynchus        Salmonidae          Trout, Rio Grande   U.S.A. (CO, NM)
                                                                           clarki virginalis                      cutthroat.........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          CLAMS
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 5                   R4                  Villosa             Unionidae           Bean, Choctaw       U.S.A. (AL, FL)
                                                                           choctawensis
--------------------------------------------------------------------------------------------------------------------------------------------------------
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*                                8                   R2                  Popenaias popei     Unionidae           Hornshell, Texas    U.S.A. (NM, TX),
                                                                                                                                       Mexico
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R4                  Ptychobranchus      Unionidae           Kidneyshell,        U.S.A. (AL, KY,
                                                                           subtentum                               fluted              TN, VA)
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 57870]]

 
C                                 2                   R4                  Ptychobranchus      Unionidae           Kidneyshell,        U.S.A. (AL, FL)
                                                                           jonesi                                  southern
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R4                  Lampsilis           Unionidae           Mucket, Neosho      U.S.A. (AR, KS,
                                                                           rafinesqueana                                               MO, OK)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 2                   R3                  Plethobasus         Unionidae           Mussel, sheepnose   U.S.A. (AL, IA,
                                                                           cyphyus                                                     IL, IN, KY, MN,
                                                                                                                                       MO, MS, OH, PA,
                                                                                                                                       TN, VA, WI, WV)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R4                  Margaritifera       Margaritiferidae    Pearlshell,         U.S.A. (AL)
                                                                           marrianae                               Alabama
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R4                  Lexingtonia         Unionidae           Pearlymussel,       U.S.A. (AL, KY,
                                                                           dolabelloides                           slabside            TN, VA)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 5                   R4                  Pleurobema          Unionidae           Pigtoe, fuzzy       U.S.A. (AL, FL)
                                                                           strodeanum
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R4                  Pleurobema          Unionidae           Pigtoe, Georgia     U.S.A. (AL, GA,
                                                                           hanleyianum                                                 TN)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 5                   R4                  Fusconaia escambia  Unionidae           Pigtoe, narrow      U.S.A. (AL, FL)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 11                  R4                  Fusconaia           Unionidae           Pigtoe, tapered     U.S.A. (AL, FL)
                                                                           (=Quincuncina)
                                                                           burkei
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 9                   R4                  Quadrula            Unionidae           Rabbitsfoot         U.S.A. (AL, AR,
                                                                           cylindrica                                                  GA, IN, IL, KS,
                                                                           cylindrica                                                  KY, LA, MS, MO,
                                                                                                                                       OK, OH, PA, TN,
                                                                                                                                       WV)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 5                   R4                  Hamiota             Unionidae           Sandshell,          U.S.A. (AL, FL)
                                                                           (=Lampsilis)                            southern
                                                                           australis
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 4                   R3                  Cumberlandia        Margaritiferidae    Spectaclecase       U.S.A. (AL, AR,
                                                                           monodonta                                                   IA, 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R4                  Pleurocera          Pleuroceridae       Hornsnail, rough    U.S.A. (AL)
                                                                           foremani
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 8                   R4                  Elimia melanoides   Pleuroceridae       Mudalia, black      U.S.A. (AL)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                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      U.S.A. (GU, MP)
                                                                                                                   tree
--------------------------------------------------------------------------------------------------------------------------------------------------------
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           Achatinellidae      Snail, Lanai tree   U.S.A. (HI)
                                                                           variabilis
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Partula langfordi   Partulidae          Snail, Langford's   U.S.A. (MP)
                                                                                                                   tree
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R2                  Cochliopa texana    Hydrobiidae         Snail, Phantom      U.S.A. (TX)
                                                                                                                   cave
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 57871]]

 
C*                                2                   R1                  Newcombia cumingi   Achatinellidae      Snail, Newcomb's    U.S.A. (Hl)
                                                                                                                   tree
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Eua zebrina         Partulidae          Snail, Tutuila      U.S.A. (AS)
                                                                                                                   tree
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R2                  Pyrgulopsis         Hydrobiidae         Springsnail,        U.S.A. (NM)
                                                                           chupaderae                              Chupadera
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                11                  R8                  Pyrgulopsis         Hydrobiidae         Springsnail,        U.S.A. (NV)
                                                                           notidicola                              elongate mud
                                                                                                                   meadows
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                11                  R2                  Pyrgulopsis gilae   Hydrobiidae         Springsnail, Gila   U.S.A. (NM)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R2                  Tryonia             Hydrobiidae         Springsnail,        U.S.A. (TX)
                                                                           circumstriata                           Gonzales
                                                                           (=stocktonensis)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R2                  Pyrgulopsis         Hydrobiidae         Springsnail,        U.S.A. (AZ),
                                                                           thompsoni                               Huachuca            Mexico
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                11                  R2                  Pyrgulopsis         Hydrobiidae         Springsnail, New    U.S.A. (NM)
                                                                           thermalis                               Mexico
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R2                  Pyrgulopsis         Hydrobiidae         Springsnail, Page   U.S.A. (AZ)
                                                                           morrisoni
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R2                  Tryonia cheatumi    Hydrobiidae         Springsnail         U.S.A. (TX)
                                                                                                                   (=Tryonia),
                                                                                                                   Phantom
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 2                   R2                  Pyrgulopsis         Hydrobiidae         Springsnail, San    U.S.A. (AZ),
                                                                           bernardina                              Bernardino          Mexico (Sonora)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R2                  Pyrgulopsis         Hydrobiidae         Springsnail, Three  U.S.A. (AZ)
                                                                           trivialis                               Forks
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         INSECTS
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R1                  Nysius wekiuicola   Lygaeidae           Bug, Wekiu          U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 3                   R4                  Strymon acis        Lycaenidae          Butterfly,          U.S.A. (FL)
                                                                           bartrami                                Bartram's
                                                                                                                   hairstreak
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 3                   R4                  Anaea troglodyta    Nymphalidae         Butterfly, Florida  U.S.A. (FL)
                                                                           floridalis                              leafwing
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R1                  Hypolimnas          Nymphalidae         Butterfly, Mariana  U.S.A. (GU, MP)
                                                                           octucula                                eight-spot
                                                                           mariannensis
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Vagrans egistina    Nymphalidae         Butterfly, Mariana  U.S.A. (GU, MP)
                                                                                                                  wandering.........
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   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,        U.S.A. (KY)
                                                                           caecus                                  Clifton
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 11                  R4                  Pseudanophthalmus   Carabidae           Cave beetle,        U.S.A. (TN)
                                                                           colemanensis                            Coleman
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 5                   R4                  Pseudanophthalmus   Carabidae           Cave beetle,        U.S.A. (TN)
                                                                           fowlerae                                Fowler's
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R4                  Pseudanophthalmus   Carabidae           Cave beetle,        U.S.A. (KY)
                                                                           frigidus                                icebox
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 5                   R4                  Pseudanophthalmus   Carabidae           Cave beetle,        U.S.A. (TN)
                                                                           tiresias                                Indian Grave
                                                                                                                   Point (=
                                                                                                                   Soothsayer)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R4                  Pseudanophthalmus   Carabidae           Cave beetle,        U.S.A. (TN)
                                                                          inquisitor........                       inquirer
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 57872]]

 
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,          Canada (BC)
                                                                                                                  Taylor's (=
                                                                                                                   Whulge).
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                9                   R1                  Megalagrion         Coenagrionidae      Damselfly,          U.S.A. (HI)
                                                                           nigrohamatum                            blackline
                                                                           nigrolineatum                           Hawaiian
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Megalagrion         Coenagrionidae      Damselfly, crimson  U.S.A. (HI)
                                                                           leptodemas                              Hawaiian
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Megalagrion         Coenagrionidae      Damselfly, flying   U.S.A. (HI)
                                                                           nesiotes                                earwig Hawaiian
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Megalagrion         Coenagrionidae      Damselfly, oceanic  U.S.A. (HI)
                                                                           oceanicum                               Hawaiian
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R1                  Megalagrion         Coenagrionidae      Damselfly,          U.S.A. (HI)
                                                                           xanthomelas                             orangeblack
                                                                                                                   Hawaiian
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Megalagrion         Coenagrionidae      Damselfly, Pacific  U.S.A. (HI)
                                                                           pacificum                              Hawaiian..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R8                  Dinacoma caseyi     Scarabidae          June beetle,        U.S.A. (CA)
                                                                                                                   Casey's
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 5                   R8                  Ambrysus funebris   Naucoridae          Naucorid bug        U.S.A. (CA)
                                                                                                                   (=Furnace Creek),
                                                                                                                   Nevares Spring
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Drosophila attigua  Drosophilidae       fly, Hawaiian       U.S.A. (HI)
                                                                                                                   picture-wing
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Drosophila          Drosophilidae       fly, Hawaiian       U.S.A. (HI)
                                                                           digressa                                Picture-wing
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R2                  Heterelmis          Elmidae             Riffle beetle,      U.S.A. (AZ)
                                                                           stephani                                Stephan's
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R3                  Hesperia dacotae    Hesperiidae         Skipper, Dakota     U.S.A. (MN, IA,
                                                                                                                                       SD, ND, IL),
                                                                                                                                       Canada
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R1                  Polites mardon      Hesperiidae         Skipper, Mardon     U.S.A. (CA, OR,
                                                                                                                                       WA)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R6                  Cicindela           Cicindelidae        Tiger beetle,       U.S.A. (UT)
                                                                           albissima                               Coral Pink Sand
                                                                                                                   Dunes
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R4                  Cicindela           Cicindelidae        Tiger beetle,       U.S.A. (FL)
                                                                           highlandensis                           highlands
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        ARACHNIDS
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R2                  Cicurina wartoni    Dictynidae          Meshweaver,         U.S.A. (TX)
                                                                                                                   Warton's cave
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       CRUSTACEANS
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 2                   R2                  Gammarus            Gammaridae          Amphipod,           U.S.A. (TX)
                                                                           hyalleloides                            diminutive
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R1                  Metabetaeus lohena  Alpheidae           Shrimp, anchialine  U.S.A. (HI)
                                                                                                                   pool
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R1                  Palaemonella        Palaemonidae        Shrimp, anchialine  U.S.A. (HI)
                                                                           burnsi                                  pool
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R1                  Procaris hawaiana   Procarididae        Shrimp, anchialine  U.S.A. (HI)
                                                                                                                   pool
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 57873]]

 
C*                                4                   R1                  Vetericaris         Procaridae          Shrimp, anchialine  U.S.A. (HI)
                                                                           chaceorum                               pool
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    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           Asteraceae          Wormwood, northern  U.S.A. (OR, WA)
                                                                           campestris var.
                                                                           wormskioldii
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Astelia waialealae  Liliaceae           Pa[revaps]iniu      U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R1                  Astragalus          Fabaceae            Milkvetch, Goose    U.S.A. (ID, NV,
                                                                           anserinus                               Creek               UT)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                11                  R6                  Astragalus          Fabaceae            Milkvetch,          U.S.A. (CO)
                                                                           tortipes                                Sleeping Ute
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Bidens amplectens   Asteraceae          Ko[revaps]oko[reva  U.S.A. (HI)
                                                                                                                   ps]olau
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R1                  Bidens              Asteraceae          Ko[revaps]oko[reva  U.S.A. (HI)
                                                                           campylotheca                            ps]olau
                                                                           pentamera
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R1                  Bidens              Asteraceae          Ko[revaps]oko[reva  U.S.A. (HI)
                                                                           campylotheca                            ps]olau
                                                                           waihoiensis
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R1                  Bidens conjuncta    Asteraceae          Ko[revaps]oko[reva  U.S.A. (HI)
                                                                                                                   ps]olau
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R1                  Bidens micrantha    Asteraceae          Ko[revaps]oko[reva  U.S.A. (HI)
                                                                           ctenophylla                             ps]olau
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R4                  Brickellia mosieri  Asteraceae          Brickell-bush,      U.S.A. (FL)
                                                                                                                   Florida
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Calamagrostis       Poaceae             Reedgrass, Maui     U.S.A. (HI)
                                                                           expansa
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Calamagrostis       Poaceae             Reedgrass,          U.S.A. (HI)
                                                                           hillebrandii                            Hillebrand's
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R8                  Calochortus         Liliaceae           Mariposa lily,      U.S.A. (CA, OR)
                                                                           persistens                              Siskiyou
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Canavalia           Fabaceae            [revaps]Awikiwiki   U.S.A. (HI)
                                                                           napaliensis
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Canavalia           Fabaceae            [revaps]Awikiwiki   U.S.A. (HI)
                                                                           pubescens
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R1                  Castilleja          Scrophulariaceae    Paintbrush,         U.S.A. (ID)
                                                                           christii                                Christ's
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                9                   R4                  Chamaecrista        Fabaceae            Pea, Big Pine       U.S.A. (FL)
                                                                           lineata var.                            partridge
                                                                           keyensis
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                12                  R4                  Chamaesyce          Euphorbiaceae       Sandmat, pineland   U.S.A. (FL)
                                                                           deltoidea
                                                                           pinetorum
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                9                   R4                  Chamaesyce          Euphorbiaceae       Spurge, wedge       U.S.A. (FL)
                                                                           deltoidea
                                                                           serpyllum
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Chamaesyce          Euphorbiaceae       [revaps]Akoko       U.S.A. (HI)
                                                                           eleanoriae
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                3                   R1                  Chamaesyce remyi    Euphorbiaceae       [revaps]Akoko       U.S.A. (HI)
                                                                           var. kauaiensis
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                3                   R1                  Chamaesyce remyi    Euphorbiaceae       [revaps]Akoko       U.S.A. (HI)
                                                                           var. remyi
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Charpentiera        Amaranthaceae       Papala              U.S.A. (HI)
                                                                           densiflora
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                6                   R8                  Chorizanthe parryi  Polygonaceae        Spineflower, San    U.S.A. (CA)
                                                                           var. fernandina                         Fernando Valley
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 57874]]

 
C*                                2                   R4                  Chromolaena         Asteraceae          Thoroughwort, Cape  U.S.A. (FL)
                                                                           frustrata                               Sable
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R4                  Consolea            Cactaceae           Cactus, Florida     U.S.A. (FL)
                                                                           corallicola                             semaphore
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R4                  Cordia rupicola     Boraginaceae        No common name      U.S.A. (PR),
                                                                                                                                       Anegada
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Cyanea              Campanulaceae       Haha                U.S.A. (HI)
                                                                           asplenifolia
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Cyanea calycina     Campanulaceae       Haha                U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Cyanea dolichopoda  Campanulaceae       Haha                U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Cyanea eleeleensis  Campanulaceae       Haha                U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Cyanea              Campanulaceae       Haha                U.S.A. (HI)
                                                                           kolekoleensis
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                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)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Cyrtandra filipes   Gesneriaceae        Ha[revaps]iwale     U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Cyrtandra           Gesneriaceae        Ha[revaps]iwale     U.S.A. (HI)
                                                                           kaulantha
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Cyrtandra           Gesneriaceae        Ha[revaps]iwale     U.S.A. (HI)
                                                                           oenobarba
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Cyrtandra oxybapha  Gesneriaceae        Ha[revaps]iwale     U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Cyrtandra paliku    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               Fabaceae            Prairie-clover,     U.S.A. (FL)
                                                                           carthagenensis                          Florida
                                                                           var. floridana
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R5                  Dichanthelium       Poaceae             Panic grass,        U.S.A. (DE, GA,
                                                                           hirstii                                 Hirsts'             NC, NJ)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R4                  Digitaria           Poaceae             Crabgrass, Florida  U.S.A. (FL)
                                                                           pauciflora                             pineland..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                3                   R1                  Dubautia imbricata  Asteraceae          Na[revaps]ena[reva  U.S.A. (HI)
                                                                           imbricata                               ps]e
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Dubautia            Asteraceae          Na[revaps]ena[reva  U.S.A. (HI)
                                                                           kalalauensis                            ps]e
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Dubautia kenwoodii  Asteraceae          Na[revaps]ena[reva  U.S.A. (HI)
                                                                                                                   ps]e
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                3                   R1                  Dubautia            Asteraceae          Na[revaps]ena[reva  U.S.A. (HI)
                                                                           plantaginea                             ps]e
                                                                           magnifolia
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Dubautia            Asteraceae          Na[revaps]ena[reva  U.S.A. (HI)
                                                                           waialealae                              ps]e
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R2                  Echinomastus        Cactaceae           Cactus, Acuna       U.S.A. (AZ),
                                                                           erectocentrus                                               Mexico
                                                                           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
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 57875]]

 
C*                                6                   R8                  Eriogonum           Polygonaceae        Buckwheat, Las      U.S.A. (NV)
                                                                           corymbosum var.                         Vegas
                                                                           nilesii
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 5                   R8                  Eriogonum           Polygonaceae        Buckwheat,          U.S.A (NV)
                                                                           diatomaceum                             Churchill
                                                                                                                  Narrows...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R8                  Eriogonum           Polygonaceae        Buckwheat, Red      U.S.A. (CA)
                                                                           kelloggii                               Mountain
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Festuca             Poaceae             No common name      U.S.A. (HI)
                                                                           hawaiiensis
--------------------------------------------------------------------------------------------------------------------------------------------------------
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            Geraniaceae         Nohoanu             U.S.A. (HI)
                                                                           hillebrandii
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                5                   R1                  Geranium kauaiense  Geraniaceae         Nohoanu             U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R4                  Gonocalyx concolor  Ericaceae           No common name      U.S.A. (PR)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 2                   R4                  Harrisia            Cactaceae           Pricklyapple,       U.S.A. (FL)
                                                                           aboriginum                              aboriginal
                                                                                                                   (shellmound
                                                                                                                   applecactus)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R8                  Hazardia orcuttii   Asteraceae          Orcutt's hazardia   U.S.A. (CA),
                                                                                                                                       Mexico
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Hedyotis            Rubiaceae           Kampua[revaps]a     U.S.A. (HI)
                                                                           fluviatilis
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R4                  Helianthus          Asteraceae          Sunflower, whorled  U.S.A. (AL, GA,
                                                                           verticillatus                                               TN)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R2                  Hibiscus dasycalyx  Malvaceae           Rose-mallow,        U.S.A. (TX)
                                                                                                                   Neches River
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 2                   R6                  Ipomopsis           Polemoniaceae       Skyrocket, Pagosa   U.S.A. (CO)
                                                                           polyantha
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R8                  Ivesia webberi      Rosaceae            Ivesia, Webber      U.S.A. (CA, NV)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R1                  Joinvillea          Joinvilleaceae      [revaps]Ohe         U.S.A. (HI)
                                                                           ascendens
                                                                           ascendens
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Keysseria erici     Asteraceae          No common name      U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                8                   R1                  Keysseria helenae   Asteraceae          No common name      U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Korthalsella        Viscaceae           Hulumoa             U.S.A. (HI)
                                                                           degeneri
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Labordia helleri    Loganiaceae         Kamakahala          U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Labordia pumila     Loganiaceae         Kamakahala          U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                5                   R4                  Leavenworthia       Brassicaceae        Gladecress,         U.S.A. (AL)
                                                                           crassa                                  unnamed
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 3                   R4                  Leavenworthia       Brassicaceae        Gladecress,         U.S.A. (KY)
                                                                           exigua var.                             Kentucky
                                                                           laciniata
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R2                  Leavenworthia       Brassicaceae        Gladecress, Texas   U.S.A. (TX)
                                                                           texana                                  golden
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Lepidium            Brassicaceae        Peppergrass,        U.S.A. (ID)
                                                                           papilliferum                            slickspot
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R4                  Lesquerella         Brassicaceae        Bladderpod,         U.S.A. (IN, KY,
                                                                           globosa                                 Short's             TN)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R4                  Linum arenicola     Linaceae            Flax, sand          U.S.A. (FL)
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 57876]]

 
C*                                3                   R4                  Linum carteri var.  Linaceae            Flax, Carter's      U.S.A. (FL)
                                                                           carteri                                 small-
                                                                                                                  flowered..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                8                   R1                  Lysimachia          Myrsinaceae         Lehua makanoe       U.S.A. (HI)
                                                                           daphnoides
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Lysimachia iniki    Myrsinaceae         No common name      U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Lysimachia pendens  Myrsinaceae         No common name      U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Lysimachia          Myrsinaceae         No common name      U.S.A. (HI)
                                                                           scopulensis
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Lysimachia venosa   Myrsinaceae         No common name      U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Melicope            Rutaceae            Alani               U.S.A. (HI)
                                                                           christophersenii
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Melicope degeneri   Rutaceae            Alani               U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Melicope hiiakae    Rutaceae            Alani               U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Melicope makahae    Rutaceae            Alani               U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Melicope            Rutaceae            Alani               U.S.A. (HI)
                                                                           paniculata
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Melicope puberula   Rutaceae            Alani               U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Myrsine fosbergii   Myrsinaceae         Kolea               U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Myrsine knudsenii   Myrsinaceae         Kolea               U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Myrsine mezii       Myrsinaceae         Kolea               U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Myrsine             Myrsinaceae         Kolea               U.S.A. (HI)
                                                                           vaccinioides
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R5                  Narthecium          Liliaceae           Asphodel, bog       U.S.A. (DE, NC,
                                                                           americanum                                                  NJ, NY, SC)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Nothocestrum        Solanaceae          [revaps]Aiea        U.S.A. (HI)
                                                                           latifolium
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Ochrosia            Apocynaceae         Holei               U.S.A. (HI)
                                                                           haleakalae
--------------------------------------------------------------------------------------------------------------------------------------------------------
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           Scrophulariaceae    Beardtongue, White  U.S.A. (CO, UT)
                                                                           scariosus var.                          River
                                                                           albifluvis
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Phyllostegia        Lamiaceae           No common name      U.S.A. (HI)
                                                                           renovans
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                9                   R1                  Physaria douglasii  Brassicaceae        Bladderpod, White   U.S.A. (WA)
                                                                           tuplashensis                            Bluffs
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Pittosporum         Pittosporaceae      Ho[revaps]awa       U.S.A. (HI)
                                                                           napaliense
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R4                  Platanthera         Orchidaceae         Orchid, white       U.S.A. (AL, GA,
                                                                           integrilabia                            fringeless          KY, MS, NC, SC,
                                                                                                                                       TN, VA)
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 57877]]

 
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)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Platydesma          Rutaceae            Pilo kea lau        U.S.A. (HI)
                                                                           rostrata                                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          Rosaceae            Cinquefoil,         U.S.A. (NV)
                                                                           basaltica                               Soldier
                                                                                                                  Meadow............
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Pritchardia hardyi  Asteraceae          Lo[revaps]ulu       U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R1                  Pseudognaphalium    Asteraceae          [revaps]Ena[revaps  U.S.A. (HI)
                                                                           (=Gnaphalium)                           ]ena
                                                                           sandwicensium
                                                                           var. molokaiense
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Psychotria          Rubiaceae           Kopiko              U.S.A. (HI)
                                                                           grandiflora
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R1                  Psychotria          Rubiaceae           Kopiko              U.S.A. (HI)
                                                                           hexandra ssp.
                                                                           oahuensis var.
                                                                           oahuensis
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Psychotria hobdyi   Rubiaceae           Kopiko              U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Pteralyxia          Apocynaceae         Kaulu               U.S.A. (HI)
                                                                           macrocarpa
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Ranunculus          Ranunculaceae       Makou               U.S.A. (HI)
                                                                           hawaiensis
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Ranunculus          Ranunculaceae       Makou               U.S.A. (HI)
                                                                           mauiensis
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R8                  Rorippa             Brassicaceae        Cress, Tahoe        U.S.A. (CA, NV)
                                                                           subumbellata                            yellow
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Schiedea attenuata  Caryophyllaceae     No common name      U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Schiedea pubescens  Caryophyllaceae     Ma[revaps]oli[reva  U.S.A. (HI)
                                                                                                                   ps]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              Cucurbitaceae       [revaps]Anunu       U.S.A. (HI)
                                                                           macrophyllus
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 12                  R4                  Sideroxylon         Sapotaceae          Bully, Everglades   U.S.A. (FL)
                                                                           reclinatum
                                                                           austrofloridense
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R1                  Solanum nelsonii    Solanaceae          Popolo              U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 8                   R4                  Solidago plumosa    Asteraceae          Goldenrod, Yadkin   U.S.A. (NC)
                                                                                                                   River
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 2                   R2                  Sphaeralcea         Malvaceae           Mallow, Gierisch    U.S.A. (AZ, UT)
                                                                           gierischii
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Stenogyne           Lamiaceae           No common name      U.S.A. (HI)
                                                                           cranwelliae
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                2                   R1                  Stenogyne kealiae   Lamiaceae           No common name      U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R4                  Symphyotrichum      Asteraceae          Aster, Georgia      U.S.A. (AL, FL,
                                                                           georgianum                                                  GA, NC, SC)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Tetraplasandra      Araliaceae          No common name      U.S.A. (HI)
                                                                           bisattenuata
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Tetraplasandra      Araliaceae          No common name      U.S.A. (HI)
                                                                           flynnii
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 57878]]

 
C*                                2                   R1                  Zanthoxylum         Rutaceae            A[revaps]e          U.S.A. (HI)
                                                                           oahuense
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    FERNS AND ALLIES
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                8                   R1                  Christella boydiae  Thelypteridaceae    No common name      U.S.A. (HI)
                                                                           (= Cyclosorus
                                                                           boydiae var.
                                                                           boydiae +
                                                                           Cyclosorus
                                                                           boydiae
                                                                           kipahuluensis)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Diellia mannii      Aspleniaceae        No common name      U.S.A. (HI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Doryopteris         Pteridaceae         No common name      U.S.A. (HI)
                                                                           angelica
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Doryopteris         Pteridaceae         No common name      U.S.A. (HI)
                                                                           takeuchii
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE                                -                   R1                  Dryopteris          Dryopteridaceae     Palapalai aumakua   U.S.A. (HI)
                                                                           crinalis var.
                                                                           podosorus
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                2                   R1                  Huperzia (=         Lycopodiaceae       Wawae[revaps]iole   U.S.A. (HI)
                                                                           Phlegmariurus)
                                                                           stemmermanniae
--------------------------------------------------------------------------------------------------------------------------------------------------------
C*                                3                   R1                  Microlepia          Dennstaedtiaceae    Palapalai           U.S.A. (HI)
                                                                           strigosa var.
                                                                           mauiensis (=
                                                                           Microlepia
                                                                           mauiensis)
--------------------------------------------------------------------------------------------------------------------------------------------------------
C                                 3                   R4                  Trichomanes         Hymenophyllaceae    Florida bristle     U.S.A. (FL)
                                                                           punctatum                               fern
                                                                           floridanum
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                    Table 2. Animals and Plants Formerly Candidates or Formerly Proposed for Listing
                              Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                             Historical range
             Status                  Lead region       Scientific name          Family            Common name    ---------------------------------------
                                                                                                                         Code                Expl.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         SNAILS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rc                               A                   R6                  Stagnicola           Lymnaeidae          Pondsnail, fat-     U.S.A. (UT)
                                                                          bonnevillensis                           whorled
                                                                                                                   (=Bonneville)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       CRUSTACEANS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rc                               A                   R4                  Typhlatya monae      Atyidae             Shrimp,             U.S.A. (PR),
                                                                                                                   troglobitic         Barbuda,
                                                                                                                   groundwater         Dominican
                                                                                                                                       Republic
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    FLOWERING PLANTS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rc                               A                   R4                  Calliandra           Mimosaceae          No common name      U.S.A. (PR)
                                                                          locoensis
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rc                               A                   R4                  Calyptranthes        Myrtaceae           No common name      U.S.A. (PR)
                                                                          estremerae
--------------------------------------------------------------------------------------------------------------------------------------------------------
E                                L                   R1                  Phyllostegia         Lamiaceae           No Common Name      U.S.A. (HI)
                                                                          hispida
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. E9-26841 Filed 11-6-09; 8:45 am]
BILLING CODE 4310-55-S