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

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 or Proposed 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 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 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 to each species. 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.

We request additional status information that may be available for the 286 candidate species. We will consider this information in preparing listing documents and future revisions to the notice of review, as it will help us in monitoring changes in the status of candidate species and in management for conserving them. We also request information on additional species that we should include as candidates as we prepare future updates of this list.

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 May 5, 2004, through May 2, 2005.

DATES:

We will accept comments on the Candidate Notice of Review at any time.

ADDRESSES:

Submit your comments regarding a particular species to the Regional Director of the Region identified in

SUPPLEMENTARY INFORMATION

as having the lead responsibility for that species. You may submit comments of a more general nature to the Chief, Division of Conservation and Classification, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203 (703/358-2171). Written comments and materials received in response to this notice will be available for public inspection by appointment at the Division of Conservation and Classification (for comments of a general nature only) or at the appropriate Regional Office listed in

SUPPLEMENTARY INFORMATION

.

Species assessment forms with information and references on a particular candidate species' range, status, habitat needs, and listing priority assignment are available for review at the appropriate Regional Office listed below in

SUPPLEMENTARY INFORMATION

or at the Division of Conservation and Classification, Arlington, Virginia (see address above), or on our Internet Web site (

http://endangered.fws.gov/candidates/index.html

).

FOR FURTHER INFORMATION CONTACT:

The Endangered Species Coordinator(s) in the appropriate Regional Office(s) or Chris Nolin, Chief, Division of Conservation and Classification (703-358-2171).

SUPPLEMENTARY INFORMATION:

Candidate Notice of Review

Background

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

et seq.

) (Act), requires that we identify species of wildlife and plants that are endangered or threatened, based on the best available scientific and commercial information. Through the Federal rulemaking process, we add these species to the List of Endangered and Threatened Wildlife at 50 CFR 17.11 or the List of Endangered and Threatened Plants at 50 CFR 17.12. As part of this program, we maintain a list of species that we regard as candidates for listing. A candidate species is one for which we have on file sufficient information on biological vulnerability and threats to support a proposal to list as endangered or threatened, but for which preparation and publication of a proposal is precluded by higher-priority listing actions. We maintain this list 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 conservation efforts that will remove or reduce threats to these species; to solicit input from interested parties to help us identify those candidate species that may not require protection under the Act or additional species that may require the Act's protections; and to solicit necessary information for setting priorities for preparing listing proposals.

Table 1 includes 286 species that we regard as candidates for addition to the Lists of Endangered and Threatened Wildlife and Plants (Lists), as well as 21 species for which we have published proposed rules to list as threatened or endangered species. Most of these proposed species were previously identified in the 2003 CNOR (69 FR 24876, May 4, 2004). We encourage consideration of these species in conservation planning, as well as other environmental planning, such as in environmental impact analysis done under the National Environmental Policy Act of 1969 (implemented at 40 CFR parts 1500-1508) and in local and statewide land use planning. Table 2 contains eight species we identified as candidates or as proposed species in the May 4, 2004, CNOR that we now no longer consider candidates. This includes two species that we listed as threatened since May 4, 2004, one species that we withdrew the proposed rule, one species that we removed from candidacy through a notice published on August 18, 2004 (69 FR 51217), and four species that we are removing from candidacy through this notice. The Region having lead responsibility for the particular species maintains updated records of information on candidate species.

Previous Notices of Review

The Act directed the Secretary of the Smithsonian Institution to prepare a report on endangered and threatened plant species, which was published as House Document No. 94-51. We published a notice in the

Federal Register

on July 1, 1975 (40 FR 27823), in which we announced that we would review more than 3,000 native plant species named in the Smithsonian's report and other species added by the 1975 notice for possible addition to the List of Endangered and Threatened Plants. A new comprehensive notice of review for native plants, which took into account the earlier Smithsonian

report and other accumulated information, superseded the 1975 notice on December 15, 1980 (45 FR 82479). On November 28, 1983 (48 FR 53640), a supplemental plant notice of review announced changes in the status of various species. We published complete updates of the plant notice on September 27, 1985 (50 FR 39526); February 21, 1990 (55 FR 6184); September 30, 1993 (58 FR 51144); and, as part of combined animal and plant notices, on February 28, 1996 (61 FR 7596); September 19, 1997 (62 FR 49398); October 25, 1999 (64 FR 57534); October 30, 2001 (66 FR 54808); June 13, 2002 (67 FR 40657); and May 4, 2004 (69 FR 24876). Additionally, on January 8, 2001 (66 FR 1295), we published our resubmitted petition finding for one plant species having an outstanding “warranted-but-precluded finding” on a petition to list.

We published earlier comprehensive reviews for vertebrate animals in the

Federal Register

on December 30, 1982 (47 FR 58454), and on September 18, 1985 (50 FR 37958). We published an initial comprehensive review for invertebrate animals on May 22, 1984 (49 FR 21664). We published a combined animal notice of review on January 6, 1989 (54 FR 554), and with minor corrections on August 10, 1989 (54 FR 32833). We again published comprehensive animal notices on November 21, 1991 (56 FR 58804); November 15, 1994 (59 FR 58982); and, as part of combined animal and plant notices, on February 28, 1996 (61 FR 7596); September 19, 1997 (62 FR 49398); October 25, 1999 (64 FR 57534); October 30, 2001 (66 FR 54808); June 13, 2002 (67 FR 40657); and May 4, 2004 (69 FR 24876). Additionally, on January 8, 2001 (66 FR 1295), we published our resubmitted petition findings for 25 animal species having outstanding “warranted-but-precluded” petition findings as well as notice of one candidate removal.

This revised notice supersedes all previous animal, plant, and combined notices of review.

Summary

Since publication of the 2003 CNOR on May 4, 2004 (69 FR 24876), we reviewed the available information on candidate species to ensure that a proposed listing is justified for each species and reevaluated the relative listing priority assignment of each species. A candidate species is assigned a listing priority number (LPN) of 1-12 depending on the magnitude of threats, the imminence of threats, and by its taxonomic status in accordance with our priority guidance as published on September 21, 1983 (48 FR 43098). We also evaluated the need to emergency-list any of these species, particularly species with high priorities (

i.e.

, species with listing priority numbers of 1, 2, or 3). This review and reevaluation ensures that we focus conservation efforts on those species at greatest risk. As of May 2, 2005, 18 animals are proposed for endangered status; 2 animals are proposed for threatened status (not including proposed reclassifications of endangered species); 1 animal is proposed for threatened-due-to-similarity-of-appearance status; and 145 plant and 141 animal candidates are awaiting preparation of proposed rules (see Table 1). Table 2 includes eight species we previously classified as either proposed for listing or candidates that we no longer classify in those categories.

Summary of New Candidates

Below we present brief summaries of five new candidates, including one species of fish, one insect, one crustacean, and two plants. Complete information, including references, can be found in the species assessment forms. You may obtain a copy of these forms from the Regional Office having the lead for the species, or from our Internet Web site (

http://endangered.fws.gov/candidates/index.html

).

Fish

Sicklefin redhorse (

Moxostoma sp.

)—The sicklefin redhorse is a medium-sized redhorse fish, reaching up to about 18 inches, with an elongate, somewhat compressed body and a highly falcate (sickle-shaped) dorsal fin and are found in North Carolina, Tennessee and Georgia. Detailed morphological and genetic studies have concluded that the sicklefin redhorse is a distinct species. The species is currently known to occupy cool to warm, moderate gradient creeks and rivers, and, during parts of its early life stages, large reservoirs. In streams, it is most often observed in riffles, runs, and well-flowing pools. It feeds and spawns in gravel, cobble, and boulder substrates with no, or very little, silt overlay.

Like many other redhorse species, the sicklefin redhorse is known mainly from flowing streams; however, also like many other redhorse species, the sicklefin redhorse appears to have adapted to spending at least part of its life in the near-shore areas of impounded streams where pre-spawning age sicklefins have been collected, mainly near the mouth of streams that feed the reservoirs. Current observations indicate that adults of the species are year-round residents of rivers and large creeks and that young, juveniles, and subadults occupy primarily the lower reaches of creeks and rivers and near-shore portions of certain reservoirs. It is likely that after emerging from the stream substrata, many of the larvae and postlarvae are carried downstream to the mouths of streams or into reservoirs. Newly mature fish (≥5 years of age) appear to migrate from the reservoirs to spawn and then remain in the streams with the other adults.

Based on an analysis of preserved specimens, the species is relatively long lived, with both sexes living at least to 17 years of age; however, based on the size of fish seen in the streams, some individuals probably live for over 20 years. Spawning typically occurs over cobble, with usually only a small portion of sand and gravel, in moderate to fast runs in open areas and pockets formed by boulders and outcrops. The spawning period for the sicklefin runs from late April through mid-May.

Past and recent collection records of the sicklefin redhorse, together with what is known about the habitat utilization of the species, indicate that the sicklefin redhorse once inhabited the majority, if not all, of the rivers and large creeks in the Blue Ridge portion of the Hiwassee and Little Tennessee River systems in North Carolina, Tennessee, and Georgia. Current estimates are that the species has apparently been eliminated from roughly 60 percent of its former range. This is a conservative estimate that: (1) Includes several miles of the Hiwassee and Fontana Reservoirs within the present range of the species (although portions of these reservoirs appear to provide survivable habitat for juvenile sicklefins, they do not provide foraging or spawning habitat for adults of the species); and (2) does not include some of the higher reaches of some of the creeks where the sicklefin redhorse currently occurs in their lowermost reaches. Additionally, the Cheoah River, Cullasaja River, Cartoogechaye Creek, Oconaluftee River, and several other large tributaries in the Hiwassee and Little Tennessee River systems may also have once been inhabited by the sicklefin redhorse.

Impacts associated with the construction and operation of dams for hydropower generation on the streams inhabited by the species is the primary cause of the extirpation of the sicklefin redhorse throughout the majority of its former range. These impoundments created by the dams eliminate spawning and foraging habitat of the adult sicklefin redhorse by changing the conditions from flowing to still water.

Water depth increases, flow decreases, and silt accumulates on the bottom. Impoundments not only destroy riverine habitat within the impounded portion of the stream, but they alter the quality and stability of the downstream reaches by adversely affecting water flow regimes, velocities, temperature, chemistry, and nutrient cycles. Dams that operate by releasing cold water from near the bottom of the reservoirs lower the water temperature downstream, changing downstream reaches from warm-or cool-water streams to cold-water streams and affecting their suitability for many of the native species historically inhabiting these stream reaches. The effects of impoundments result in changes in fish and macroinvertebrate communities (macroinvertebrates are the main prey items of the sicklefin), species requiring clean gravel and sand substrates are lost. In addition, dams result in the fragmentation and isolation of populations of remaining populations of the sicklefin redhorse, acting as effective barriers to the natural upstream and downstream expansion or recruitment of the species. Natural upstream and downstream population expansion and repopulation of the majority of the species' former range are restricted because of the barriers posed by the existing dams and impacts to the tailwaters associated with the current operation of the dams. As a result, the Hiwassee River system and Little Tennessee River system populations are isolated from each other. This isolation decreases their ability to respond to nature- and human-induced changes in their environment and increases their vulnerability to extirpation. Wastewater discharges, together with impacts to water and habitat quality associated with a variety of other land disturbance activities carried out without adequate measures to control storm water and erosion, also played a significant role in the decline of the species.

Many of the same factors believed to have contributed to the extirpation of the species from much of its former range potentially threaten these remaining populations. All of the surviving occurrences of the sicklefin redhorse are restricted to relatively short reaches of the streams they occupy, primarily due to existing dams. Their limited distributions make them extremely vulnerable to the effects from single catastrophic events (such as toxic chemical spills, major sedimentation events, channel modification, etc.) and/or the cumulative effects of lesser impacts to their habitat and numbers. Although the majority of the streams still occupied by the species occur in areas that are presently primarily rural, many of the communities within the watersheds of these streams are experiencing increasing development pressure, both commercial and residential, and are developing plans for upgrading and improving their infrastructure (

e.g.

, roads, water supplies, sewer/wastewater treatment systems, etc.) to provide for increased densities of development.

Because of the entire current range of the sickelefin redhorse is affected by the threats described above, the magnitude of the threat to the species is high. Although the threats faced by the sicklefin redhorse are significant, it is not anticipated that the species will be subject to these threats in the immediate future. Therefore, we assigned a listing priority of 5 to this species.

Insects

Miami blue butterfly (

Cyclargus thomasi bethunebakeri

)—The Miami blue is a coastal butterfly that occurs at the edges of tropical hardwood hammocks (forests) and occasionally in tropical pinelands and along trails, utilizing open sunny areas in southern Florida. The geographic range of this butterfly once extended from the Florida Keys north along the coasts to about St. Petersburg and Daytona, Florida. Although little specific historic information exists on the abundance and distribution patterns of the Miami blue, it is clear that the occurrence of this butterfly throughout its historic range has been significantly reduced, with only small remnants remaining. Despite extensive surveys of known suitable habitat and/or historical records, the species is now found only in a single metapopulation, located at Bahia Honda Key State Park (Park), with a few immature individuals on West Summerland Key. This metapopulation is comprised of thirteen distinct colonies in the Park.

In November 2002, the Service worked with researchers and the State to establish a captive propagation program for the Miami blue due to the low estimated population at its only known location. As of December 2004, the captive colony had numerous generations, with hundreds of individuals in captivity. Efforts have been undertaken to reintroduce captive-bred Miami blues to Federal lands (

i.e.

, Everglades National Park and Biscayne National Park) within the butterfly's historic range. However, subsequent monitoring has indicated an inconsistent or sporadic presence of only a small number of individuals of varying life stages at release sites. Monitoring results do not indicate that the Miami blue has become established at any of the release sites.

Extensive losses of the species' habitat and fragmentation of remaining patches, along with mosquito control activities, are the likely cause of the species' decline. Although many areas on public lands may offer suitable nectar and other host plants, the extremely limited dispersal ability of the species likely prevents these areas from becoming occupied and used. The Miami blue butterfly is threatened by the combined influences of habitat destruction and modification, mosquito control activities, and loss of genetic diversity associated with isolated populations. The possibility for catastrophic events (

e.g.

, hurricanes) also poses a threat to the survival of this butterfly. In addition to these threats, habitat loss and fragmentation, fire suppression, displacement of native host plants by invasive exotic species, detrimental land management practices, accidental harm from humans, and inadequate regulatory protection pose threats to the species throughout the species historic range. Predation, accidental harm or habitat destruction, and illegal collection may also pose a threat to the Miami blue due to the small population size at the known locations. Due to nonimminent threats of high magnitude as described above, we assigned a listing priority number of 6 to this subspecies.

Crustaceans

Diminutive amphipod (

Gammarus hyalleloides

)—The diminutive amphipod is a small amphipod that is ranked as “critically endangered throughout its range” (G1) by NatureServe and “critically endangered throughout its range” (S1) by the State of Texas. Based on surveys and genetic analysis, this species only occurs in four spring outflows in the Toyah Basin, Balmorhea area of Reeves and Jeff Davis Counties, Texas; these springs are all within about 8 miles (13 km) of each other within the San Solomon Spring System. In addition to being an important habitat for rare aquatic fauna, this spring system is also an important source of irrigation water for the farming communities in the Toyah Basin. The primary threat to the species is the loss of surface flows due to declining groundwater levels from drought and pumping for agricultural production. The natural ciènega habitats (marshland communities associated with perennial springs and headwater streams) of the Balmorhea area have been mostly altered over time to accommodate agricultural irrigation. Most significant was the draining of wetland areas and the modification of spring outlets for

development of human use of the water resources. Although the land surrounding the amphibod's current habitat is owned and managed by The Nature Conservancy, Bureau of Reclamation, and Texas Parks and Wildlife Department, the water needed to maintain its habitat has declined due to a reduction in spring flows, possibly as result of private groundwater pumping in areas beyond that are controlled by these landowners. Pumping of the regional aquifer system for agricultural production of crops has resulted in the drying of other springs in this region, including Comanche Springs, which was once a large surface spring in Fort Stockton, Texas. Another example is Phantom Lake Spring, one of the sites of occurrence for the amphipod, which ceased flowing in 2000; aquatic habitat is now supported only by a pumping system. Another threat to amphipod habitat is the potential degradation of water quality from point and nonpoint pollutant sources. This pollution can occur either directly into surface water or indirectly through contamination of groundwater that discharges into spring run habitats used by the amphipod. The primary threat for contamination comes from herbicide and pesticide use in nearby agricultural areas.

Although the physical condition of the areas where this species is found has changed dramatically over time from human actions, at least a portion of the native biota remain. However, three of the four known current occurrences of the species are in degraded habitats (the exception is East Sandia Spring) because the natural conditions of the springs have been substantially modified for human use. Any additional modifications to the spring flow habitats will further threaten the species. Therefore, with imminent threats of high magnitude, we assign this species a listing priority number of 2.

Flowering Plants

Ipomopsis polyantha

(Pagosa skyrocket)—Pagosa skyrocket is an extremely narrow endemic with a global distribution limited to a 13-mile range on outcrops of Pagosa-Winifred soils derived from mancos shale in Archuleta County, Colorado. The total population size is estimated to be between 2,246 and 10,626 plants. It is ranked as “critically endangered throughout its range” (G1) by NatureServe and “critically endangered in the state” (S1) by the Colorado Natural Heritage Program. Populations are on federal highway rights of way and private lands. Much of the occupied habitat on private lands has been subdivided and is being rapidly developed. There are no plans being implemented for the management, protection, or conservation of the species. The Colorado Rare Plant Technical Committee, including botanists from the Colorado Natural Heritage Program, has identified

I. polyantha

as the species most in need of protection and recovery efforts in 2005 in Colorado. We assign this species a listing priority number 2 based on imminent habitat destruction throughout its narrow range.

Solidago plumosa

(Yadkin River goldenrod)—A member of the Asteraceae family,

Solidago plumosa

is endemic to the Yadkin River in North Carolina and was originally described from the Narrows Canyon and Falls area of this river in 1894. Currently, plants are know to exist in only two locations, located approximately 2 kilometers apart along the shoreline of the Yadkin River in North Carolina. This species is ranked as “critically endangered throughout its range” (G1) by NatureServe and “critically endangered in the state” (S1) by the North Carolina Natural Heritage Program. The historical and current impacts resulting from the construction and operation of reservoirs appear to be similar at each of these two surviving occurrences of the species, as does the threat posed by invasive, nonnative vegetation. The species appears to persist in areas subjected to periodic water scouring of a velocity sufficient to prevent the establishment of other species without eliminating previously established

Solidago plumosa

plants (the age of which is unknown). At the same time, although dependent upon some level of flood scouring, the species does not appear to be tolerant of prolonged inundation as it does not occur in frequently flooded habitats. Therefore, the availability of suitable habitat and the fate of all known populations of this species are primarily determined by the manner in which the Narrows and Falls Reservoirs are operated. To the extent that operation of hydroelectric facilities could be modified in the future to enhance conditions for

Solidago plumose

, the effects of reservoir construction and operation are not believed to be permanent or irreversible. Thus, the magnitude of these threats may be substantially reduced. In light of all of these considerations, the magnitude of threats to the species is estimated to be “moderate to low.”

One of the primary threats that affected the species (construction of Narrows and Falls Reservoirs and the resulting inundation of suitable habitat) has already occurred. However, operation of these reservoirs continues to influence the habitat occupied by the species, and may be facilitating (via a reduction in the frequency and magnitude of scouring events) the establishment and spread of mimosa (

Albizia julibrissin

) (an invasive, nonnative shrub). Because mimosa is already shading established

Solidago plumosa

plants, it may potentially be competing for seed germination and seedling establishment sites. The threats posed by lack of scouring and the subsequent establishment and spread of mimosa are ongoing and, therefore, considered to be imminent. The threat posed by the nonnative hybrid bush honeysuckle (

Lonicera

x

bella

) is more remote, as the species has not yet established in habitats occupied by

Solidago plumosa.

We conclude that the threats affecting the species are of a moderate to low magnitude, but are imminent, leading to a listing priority number of 8.

Summary of Listing Priority Changes in Candidates

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

Mammals

Mazama pocket gopher (

Thomomys mazama

ssp.

couchi, glacialis, louiei, melanops, pugetensis, tacomensis, tumuli

, and

yelmensis

)—Candidate status applies to each of these eight subspecies of

Thomomys mazama

, all of which are associated with glacial outwash prairies in western Washington. We do not include other

T. mazama

subspecies that occur in Oregon and California (commonly referred to as “western pocket gophers”) as candidate species. Except as otherwise noted, the following description applies to each of the subspecies. Most populations are small, isolated, and patchily distributed. There are no historical data and scant quantitative data on current populations. Several populations are now extirpated. Two, and possibly three, of the subspecies may be extinct (

T. m. louiei, T. m. tacomensis

, and

T. m. tumuli

).

Threats include destruction and alteration of prairie habitat due to

development, altered fire regimes, and encroachment of native and nonnative plants; conflicts with military activities and airport development and maintenance activities; house cat predation; consideration as agricultural pests; and vulnerability to naturally occurring, random events. The magnitude of threats is high due to patchy and isolated population distributions in habitats highly desirable for development and subject to a wide variety of human activities that permanently alter the habitat. There are high and constant invasions of plant species altering the quality of remaining habitat. Loss of any of the subspecies will reduce the genetic diversity and likelihood of the continued existence of the species in Washington. Threats are imminent because many of those listed above are ongoing. It is likely that the extirpation of some populations and the extinction of two, and possibly three, subspecies are the result of one or more of these threats affecting each of these populations and subspecies. One subspecies is threatened by gravel pits, and two subspecies are located on airports with planned development. Because of the increased imminence of threats, we changed the listing priority number for each of the eight subspecies of the Mazama pocket gopher from a 6 to a 3.

Palm Springs (Coachella Valley) round-tailed ground squirrel (

Spermophilus tereticaudus chlorus

)—The Palm Springs round-tailed ground squirrel is one of four recognized subspecies of round-tailed ground squirrels. The range for the Palm Springs round-tailed ground squirrel corresponds to the Coachella Valley region in Riverside County, California. Primary habitat for the Palm Springs round-tailed ground squirrel in the Coachella Valley is the mesquite sand dune/hummock community. The species also is found in smaller numbers in creosote communities on sand dunes and hummocks. Approximately 90 percent of the mesquite hummock communities in the Coachella Valley are estimated to have been lost since 1939, a reduction from 3,363 hectares (8,309 acres) to 352 hectares (870 acres). Future development threatens more mesquite communities occupied by the Palm Springs round-tailed ground squirrel. The largest unprotected mesquite community in Indio Hills was recently developed, effectively eliminating a large ground squirrel population. The rapid growth of urban development in the Coachella Valley is threatening existing ground squirrel populations with habitat fragmentation.

A recent taxonomic study that examined the morphology of this subspecies as well as those of adjacent populations of another subspecies (

S. t. tereticaudus

) revealed that the original classification of this subspecies may be in question. Pelage (hair) color was found to be different among the two subspecies. In addition, this study also discovered that putative

S. t. tereticaudus

populations in Death Valley, the western central region of the Mojave Desert, and Borrego Valley were more similar in pelage color to

S. t. chlorus

in the Coachella Valley than other

S. t. tereticaudus

populations from the Colorado River region of eastern Imperial and Riverside Counties. We are awaiting peer review of this report before we take action to reconsider whether this subspecies is valid. In the meantime, we are seeking funding to pursue a genetic study that will determine this species' taxonomy based on DNA. Based on our evaluation that the threats pose an imminent risk of a high magnitude, we changed the listing priority number for this subspecies from a 6 to a 3.

Washington ground squirrel (

Spermophilus washingtoni

)—This species is one of the smallest members of the subgenus Spermophilus, and is found within the shrub-steppe habitat of the Columbia Basin ecosystem of Washington and Oregon. The soil types used by the squirrels are distributed sporadically within the species' range, and have been seriously fragmented by human development in the Columbia Basin, particularly by conversion to agricultural use. Where agriculture occurs, little evidence of ground squirrel use has been documented, and reports indicate that ongoing agricultural conversion eliminates Washington ground squirrel habitat. The most contiguous, least-disturbed expanse of suitable Washington ground squirrel habitat, and likely the densest distribution of colonies within the range of the species, occurs on the Boeing site and Boardman Bombing Range in Oregon, and on Federal and State-owned land in Washington. However, in Washington, recent declines in some colonies have been precipitous and the reasons for them are unknown. In 2001, for instance, entire colonies of ground squirrels were no longer occupied on the Columbia National Wildlife Refuge and Seep Lakes Management Area near Othello, Washington, despite the State protected status of the species in the area. Current and potential threats to the continuing survival of the species include the following: habitat loss from the conversion of potential and known habitat to agricultural use, predation, recreational shooting, disease, potential effects of pesticides, and potential effects of drought on forage quality and quantity. However, while the magnitude of threats remains high for the Washington ground squirrel, the immediacy of threats has declined in the past year. The majority of existing colonies (in Oregon and throughout the species' current range) are located on the Boardman Bombing Range and the Boeing tract, which contain the largest contiguous suitable Washington ground squirrel habitat. Although Boardman Bombing Range activities are not certain, they are not expected to change significantly in the foreseeable future.

In 2003, the largest threat to colonies in Oregon was the imminent conversion of the Boeing tract for agriculture. This would have resulted in the permanent loss of habitat for one of the largest contiguous blocks of Washington ground squirrels. However, in 2004, a 25-year Multi-Species Candidate Conservation Agreement with Assurances (CCAA) was signed by Threemile Canyon Farms, The Nature Conservancy, Portland General Electric, Oregon Department of Fish and Wildlife, and the Service. The parties will implement habitat management, operational modifications, and conservation measures for four non-listed species, including the Washington ground squirrel, on approximately 93,000 ac (37,636 ha) enrolled in the CCAA. Under this agreement, Threemile Canyon Farms placed 22,600 ac (9,146 ha) of the Boeing tract into a permanent Oregon Department of Fish and Wildlife Conservation Easement (Boardman Conservation Area). Also, Portland General Electric identified 888 ac (356 ha) for management as part of the Conservation Area for the duration of the CCAA. The Boardman Conservation Area will be managed by TNC with the goal to maintain and improve where feasible the integrity of existing native communities and associated species covered by the CCAA, including the Washington ground squirrel. All but two known sites and the majority of suitable habitat on the Boeing tract are located on the Boardman Conservation Area and therefore are protected from irreversible habitat modification. Based on our current evaluation of threats, we changed the listing priority number from 2 to 5 for this species as the threats are no longer imminent.

Birds

Spotless crake (

Porzana tabuensis

), American Samoa Distinct Population Segment (DPS)—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 common and cosmopolitan species such as the common crake. The spotless crake is found in the Philippines, Australia, Fiji, Tonga, Society Islands, Marquesas, Independent Samoa, and American Samoa. No subspecies are currently recognized.

The status of populations in other areas is not well known, but the species is thought to be in decline throughout the oceanic Pacific, with at least one known extirpation (from the island of Futuna). In American Samoa, the population of the spotless crake is restricted to the summit of Tau Island.

The only known population in American Samoa co-occurs with Norway rats (

Rattus norvegicus

), which are known to prey on birds and their eggs and young. The spotless crake is particularly vulnerable because it is small, nests on the ground, and on Tau summit has no wetland refuge from predators. Finally, this single population, which existing survey data suggest is a small population, is at risk from stochastic occurrences such as typhoons and inbreeding depression. These threats affect the entire known population of this species in American Samoa, and are potentially lethal to individuals. The magnitude of threats facing the species is thus high, and these threats are more imminent than previously inferred because additional surveys indicate that this species occurs only as a single, small population in American Samoa.

Although this species may use a wide variety of habitats, wetland habitats may be necessary for self-sustaining populations of the crake to persist in the presence of predators. Wetland habitats are limited in American Samoa, and enforcement of their conservation under local and Federal law is not consistent. The listing priority number for the spotless crake is changed from 6 to 3 because surveys on Tau over the past several years have failed to yield evidence of this species in locations other than the summit, no observations of this species have been made during extensive, ongoing surveys of birds elsewhere in American Samoa, and the threat from rat predation is ongoing.

Friendly ground-dove (

Gallicolumba stairi stairi

)—The genus

Gallicolumba

is distributed throughout the Pacific and Southeast Asia. The genus is represented in the oceanic Pacific by six species. Three are endemic to Micronesian islands or archipelagos, two are endemic to island groups in French Polynesia, and

G. stairi

is endemic to Samoa, Tonga, and Fiji. All six species have some level of threatened status on the International Union for Conservation of Nature and Natural Resources (IUCN) Red List. Some authors recognize two subspecies of the friendly ground-dove, one, slightly smaller, in the Samoan archipelago (

G. s. stairi

), and one in Tonga and Fiji (

G. s. vitiensis

), but morphological differences between the two are minimal. In American Samoa, the friendly ground-dove has been found on the islands of Ofu and Olosega (Manua Group).

Of the primary threats to the subspecies (predation by nonnative species, poaching and habitat loss), only 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 increases in the population. Predation by introduced species has played a significant role in reducing and limiting 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

). Consistent monitoring using a variety of methods over the last 5 years yielded few observations of this taxon in American Samoa. The total population size is poorly known, but is unlikely to number more than a few hundred pairs. The distribution of the friendly ground-dove is limited to steep, rocky slopes; areas that are not common in American Samoa. Threats to this subspecies have not changed over the past year, but to better reflect the fact that threats due to small population size and nonnative predators are imminent, we revised the listing priority number from a 6 to a 3.

Kauai creeper (

Oreomystis bairdi

)—The Kauai creeper, or akikiki, is a small Hawaiian honeycreeper found only on the island of Kauai, Hawaii, with no described subspecies. The species is known to be presently facing the primary threats of disease (avian malaria) and habitat degradation and loss. These threats have persisted over several decades, and are affecting a large proportion of the population.

The mosquito vector of avian malaria has been found throughout the range of elevations over which the creeper occurs, and malaria transmission occurs at least periodically over the species' entire range. The area of forest where malaria is endemic is likely to increase with global climate change.

Efforts are underway to reduce habitat loss through control of invasive nonnative plants in some areas, but there is no weed control in most of the range of the Kauai creeper, and habitat loss is already occurring. Also, there are currently no efforts to control habitat damage by feral ungulates within the range of the Kauai creeper.

A large scale survey in 2000 showed that in the last 30 years the estimated population declined nearly 80 percent (from 6,832 ± 966 to 1,472 ± 680 birds), the range decreased approximately 60 percent (from 21,750 to 8,896 acres (8,800 to 3,600 hectares)), and the species has disappeared from much of the periphery of its range. The listing priority number for the Kauai creeper is changed from a 5 to a 2 because the threats facing the species are of a high magnitude and are imminent.

Yellow-billed cuckoo, Western Continental U.S. DPS (

Coccyzus americanus

)—While the cuckoo is still relatively common east of the crest of the Rocky Mountains, biologists estimate that more than 90 percent of the bird's riparian (streamside) habitat in the West has been lost or degraded. These modifications, and the resulting decline in the distribution and abundance of yellow-billed cuckoos throughout the western states, are believed to be due to conversion to agriculture; grazing; competition from nonnative plants, such as tamarisk; river management, including altered flow and sediment regime; and flood control practices, such as channelization and bank protection. Riparian habitat is continuing to be destroyed through land use conversion and grazing. Threats to the yellow-billed cuckoo have not changed over the past year, but to better reflect the fact that threats are imminent, we revised the listing priority number from a 6 to a 3 for this DPS.

Many-colored fruit-dove (

Ptilinopus perousii perousii

)—Two subspecies of the many-colored fruit-dove exist. One,

P. p. perousii

, is found in American Samoa, within the four main islands of Tutuila, Olosega, Ofu, and Tau, and Independent Samoa. Another subspecies,

P. p. mariae

, is found in Fiji and Tonga.

The primary threats to

P. p. perousii

, loss of the native banyan trees on which it depends, poaching, and predation by nonnative mammals, are thought to occur at levels insufficient to have a detrimental effect on the species' population in American Samoa. This is demonstrated by the fact that 5 years of extensive and intensive monitoring indicate an increase in the detected

relative abundance of many-colored fruit-doves in American Samoa. This trend may have been interrupted by Typhoon Heta in January of 2004, when damage to their primary food plants, the two species of native banyan trees, may have altered the doves' foraging to make them more vulnerable to the opportunistic poaching that typically takes place after typhoons (Craig

et al.

1994).

At present, no disturbance other than typhoons is known to affect the abundance, distribution, or productivity of native banyans in American Samoa. Loss of native rainforest harboring these banyans and, presumably, the nesting habitat for the many-colored fruit-dove is not currently considered to be taking place at a rate that poses a severe or imminent risk to the many-colored fruit-dove, and poaching of this species is thought to be an extremely rare occurrence.

Predation by introduced species has played a significant role in limiting and extirpating populations of island birds in the Pacific and other locations worldwide (Atkinson 1977, 1985; Moors and Atkinson 1984). Nonnative predators known to occur in the range of the many-colored fruit-dove in American Samoa that could be a significant threat to this arboreal-nesting bird are black rats

(R. rattus)

, Norway rats

(R. norvegicus)

, and feral cats

(Felis catus)

. However the continued existence of this species and the recently documented increase in its abundance, suggest that predation, while a potential threat, is not of a high-magnitude. The total population size of the many-colored fruit-dove is unknown, but may number up to a few hundred pairs.

In Independent Samoa, the many-colored fruit-dove may be more abundant than it is in American Samoa, but this difference likely reflects difference in island size—the main islands of Independent Samoa are both an order of magnitude larger than the islands of American Samoa—and the greater abundance in Independent Samoa of the two native figs,

Ficus prolixa

and

F. obliqua,

that are the preferred food of this fruit-dove. However, ongoing deforestation (potentially exacerbated by severe storms) and hunting are considered to threaten the many-colored fruit-dove in Independent Samoa, and this subspecies' status there is described as “Conservation Concern.” We changed the listing priority number for the many-colored fruit-dove from 6 to 12 because the overall magnitude of threats is moderate to low and these threats are not imminent.

Xantus's murrelet

(Synthliboramphus hypoleucus)

—Xantus's murrelet is a small seabird of the Alcid family that occurs along the western coast of North America in the United States and Mexico. Xantus's murrelet populations in the United States and Mexico appear to have declined due to a wide variety of threats, with substantial declines evident at the largest known breeding population and extirpations on three of the Mexican islands. Data from the largest breeding population on Santa Barbara Island in the United States indicated a dramatic decline (as much as 70 percent from 1977 to the mid-1990s); data from other islands are scarce.

Although the decline in Xantus's murrelet populations appears to have been substantial, some of the largest threats are being addressed, and, to some degree, ameliorated in the United States. For example, although predation is a large contributor to the current low population numbers of the Xantus's murrelet, it does not pose as imminent a threat as it once did. Cats and rats have been removed from many of the islands where they once occurred. Anacapa Island implemented a rat eradication program in 2001 that seems to have been successful in removing that nonnative predator of the Xantus's murrelet. Rats were eradicated in 1994 from San Roque Island. Although the nonnative herbivores have been absent from Santa Barbara Island since the late 1950s, their presence facilitated the introduction of non-native grasses, which continue to exist and spread on that island. The conversion of native habitat to nonnative grassland that has occurred on Santa Barbara Island poses a threat to the population of Xantus's murrelet due to the fact that the island is only one square mile in size and holds the majority of the nesting population in California. Introduction of nonnative grasses has modified the habitat. Such habitat modification is thought to have increased the endemic deer mouse

(Peromyscus maniculatus elusus)

population, a native predator of Xantus's murrelet eggs.

The Service has been working with the State of California, National Park Service, and National Marine Fisheries Service to address the threats of light pollution and human disturbance. Many nocturnal birds are attracted to the lights of commercial fishing vessels and Xantus's murrelets and other seabirds become exhausted from continual attraction and fluttering near lights or collide with lighted vessels, the impact resulting in injury or death. Chicks have been documented to separate from their parents due to vessel lights, often resulting in death as chicks are dependent on parents for survival. Additionally, squid boats operate in shallow waters close to Xantus's murrelet breeding colonies in the California Channel Islands. Increased predation on Xantus's murrelets by Western gulls

(Larus occidentalis)

and barn owls

(Tyto alba)

as a result of lighting, particularly from squid boats, near breeding colonies has been documented. To address the threat from light pollution, the California Department of Fish and Game implemented regulations to require shielding and limit wattage of lights used by boats conducting nighttime fishing activities. Although these regulations do not remove the negative effects of this activity, they likely have resulted in a reduction of the impacts. Although not likely responsible for the species' current low numbers, oil pollution may pose a potential threat to the survival of the Xantus's murrelet population.

Despite actions to address some of the threats to this species, a recent proposal by ChevronTexaco Corporation to build a liquid natural gas (LNG) facility 600 meters offshore Islas Los Coronados in Baja California, Mexico, poses a threat to the survival of the Xantus's murrelet. The Los Coronados islands support the largest known breeding population of Xantus's murrelets in the world. The construction and operation of the proposed LNG facility at Islas Los Coronados would increase levels of disturbance to Xantus's murrelets. Sources of disturbance include: (1) Bright lights at night from the facility and visiting tanker vessels; (2) noise from the facility; (3) noise from helicopters visiting the facility; (4) ingress and egress of tanker vessels; and (5) other vessels transporting personnel and supplies. These factors would have a serious impact on the islands' population of Xantus's murrelets, and, taken together, the cumulative disturbance caused by this proposed facility would have substantial negative consequences for the colony.

Additionally, there are potential impacts to the Xantus's murrelet prey base due to increased seawater chlorination resulting from this facility. The ocean waters around Islas Los Coronados are highly productive and very important foraging areas for breeding, migrant, and wintering seabirds such as the Xantus's murrelet. The loss of large numbers of prey could be detrimental to seabirds that depend on Islas Los Coronados for foraging at various times of year. Degraded water quality around Islas Los Coronados may also result from this project, such as

from the seawater chlorination process. A gas spill from the facility or pipeline could have substantial negative effects on the Xantus's murrelet. Due to the now imminent threats from the proposed LNG facility, we changed the listing priority number for this species from a 5 to a 2.

Amphibians

Black Warrior waterdog

(Necturus alabamensis)

—The Black Warrior waterdog 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, however, as limited attention was given to this species between its description in 1937 and the 1980's. There are a total of 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 1990's 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. An additional threat to the Black Warrior waterdog is the creation of large impoundments that have flooded thousands of acres of its habitat. These impoundments are likely marginal or unsuitable habitat for the salamander. Threats to the Black Warrior waterdog have not changed over the past year, but to better reflect the fact that threats from the pervasive water quality degradation in the Black Warrior Basin are imminent, we changed the listing priority number from a 5 to a 2 for this species.

Ozark hellbender

(Cryptobranchus alleganiensis bishopi)—

Since the species was elevated to candidate status in 2001 (66 FR 54808), the known threats have increased. In particular, recreational pressures on Ozark hellbender rivers have increased substantially on an annual basis. The Missouri Department of Conservation reports that gigging popularity and pressure has increased, which presents a significant threat to hellbenders during the breeding season as they tend to move greater distances and congregate in small groups where they are an easy target for giggers. Canoe, kayak, and motor/jet boat traffic has increased in recent years on the Jacks Fork, Current, Eleven Point, and North Fork Rivers. The popularity of these float streams has grown to the point that the National Park Service is considering alternatives to reducing the number of boats that can be launched daily by concessionaires, but no change has been adopted and even if one is, floating will still occur. Horse trail rides are extremely popular along both the Jacks Fork and Current National Scenic Rivers. In 2003, the Missouri Department of Natural Resources added a 7-mile stretch of the Jacks Fork River to the 303(d) list of impaired waters for organic wastes (fecal coliform) immediately downstream from a commercial horse trail ride outfitter.

To date, nothing has been done to reduce or ameliorate ongoing threats to Ozark hellbenders. The Ozarks region continues to experience rapid urbanization, expansion of industrial agricultural practices such as concentrated animal feeding operations (chickens, turkeys, hogs, cattle), and logging. No laws are in place that preclude livestock from grazing in riparian corridors and resting in or along streams and rivers. Missouri is the second largest beef cattle producing state in the nation, with the majority of animal units produced in the Ozarks. Both Arkansas and Missouri are the leading States in poultry production. The fact that the majority of the Ozarks region in Missouri and Arkansas is comprised of karst topography (caves, springs, sinkholes, and losing streams) further complicates the containment and transport of potential contaminants.

In short, the abundance of treatment facilities and lack of adequate treatment facilities or practices for both human and livestock waste poses a significant and ever increasing threat to aquatic ecosystems. The decrease in Ozark hellbender range and population size and the shift in age structure are likely caused by a variety of historic and ongoing activities. The primary cause of these trends is habitat destruction and modification through impoundment, channelization, siltation, and water quality degradation from a variety of sources, including industrialization, agricultural runoff, mine waste, and timber harvest. Overutilization of hellbenders for commerce and scientific purposes is also likely contributing to their decline. The regulations in place that could prevent these impacts, including the Clean Water Act and State laws, have been inadequate in preventing Ozark hellbender declines to this point. Finally, most of the remaining Ozark hellbender populations are small and isolated, making them vulnerable to individual catastrophic events and reducing the likelihood of recolonization after localized extinctions. Due to substantial increases in recreational pressures on Ozark hellbender rivers on an annual basis, we changed the listing priority number for this subspecies from a 6 to a 3.

Clams

Georgia pigtoe

(Pleurobema hanleyanum)

—The Georgia pigtoe was historically found in shallow runs and riffles in large creeks and rivers of the Coosa River drainage system in Alabama, Georgia, and Tennessee. The species is currently known to exist in localized portions of the upper Conasauga River in Murray and Whitfield Counties, Georgia, and in a short reach of the Coosa River below Terrapin Creek, Cherokee County, Alabama. The Georgia pigtoe is very rare, with only a few observations of living animals over the past 15 years. Impoundment and pollution are implicated in the decline and disappearance of the species. We changed the listing priority of the Georgia pigtoe from a 5 to a 2 due to rarity and continued lack of success into locating living animals.

Snails

Bonneville pondsnail

(Stagnicola bonnevillensis)

—The Bonneville pondsnail occupies four spring pools north of the Great Salt Lake in Box Elder County, Utah (Horse Spring B, Horse Spring B South, Pipe Spring, and Shotgun Spring). While the total number of individuals is unknown, the total occupied habitat is less than one hectare. Two previous threats to this species now appear to have been resolved. Leaks from petroleum pipelines in the area have occurred in 2000 and 2002; however, Chevron Pipeline (which has responsibility for operation and maintenance of the pipelines) has addressed potential threats from pipeline leaks with internal integrity inspections and alerts prior to leakage. Consequently, potential pipeline leaks are not a current threat. Intensive, unregulated grazing can degrade the habitat of aquatic species, including

Stagnicola bonnevillensis,

but the springs where this species occurs

have been fenced to restrict livestock use and this is not a current threat.

Current threats to this species include perchlorate and trichloroethelene (TCE) contamination from ATK Thiokol, Inc. (Thiokol). Until recently, Thiokol disposed of waste products such as perchlorate and TCE in an area 6.5 km (4 mi) upstream from the pondsnail's habitat, within the same hydrologic ground water gradient as the occupied snail habitat. Contaminated soils have been removed and the area capped to prevent further contamination. Groundwater sampling indicates that the 10 μg/l isoline of the TCE plume is 0.5 km (0.3 mi) north of Shotgun and Pipe Springs. The 100 μg/l isoline of the TCE plume is 2.4 km (1.5 mi) northwest of Shotgun Spring. The 1000 μg/l isoline of the TCE plume is 3.5 km (2.2 miles) northwest of Shotgun Spring. Levels of percholate measured in June 2004 range from 6.6 μg/liter in Fish Spring to 287 μg/liter in Pipe Spring. The acute toxicity of TCE and perchlorate to

Stagnicola bonnevillensis

is under investigation, but both substances are potentially lethal to most wildlife species. The current levels of TCE and perchlorate in the occupied springs and the approaching groundwater plume are of concern for the future of this species and its habitat. Thiokol is taking corrective action to identify and remediate groundwater contamination through a Corrective Action Plan (an updated groundwater model and risk assessments are to be completed in May 2005 under this plan). Bioassay studies are being initiated to determine the effect of these contaminants on the snail and its habitat.

Although the range of this species is highly restricted and the only known habitat is currently threatened by chemical contamination of the ground water, we consider the following actions that are addressing these threats to be significant enough to have reduced the magnitude of threats from high to moderate: discontinued disposal of wastes in an unlined impoundment, removal of contaminated soil, installation of a cap to prevent infiltration of water into soils beneath impoundment, monitoring of downgradient groundwater for contamination, implementation of a Corrective Action Plan to characterize and remediate groundwater contamination, implementation of a site management plan, and development of a groundwater model and risk assessment. Thus, we changed the listing priority from a 2 to an 8. Additionally, the Utah Division of Wildlife Resources is currently drafting a Conservation Agreement and Strategy for this species.

Interrupted (Georgia) rocksnail

(Leptoxis foremani (downei))

—Interrupted rocksnails historically occurred in shoals, riffles, and reefs of small to large rivers in the Coosa River Basin of Alabama and Georgia. Today, only a single surviving natural population is known from a short reach of the Coosawattee River, Georgia. During a 1999 census, 10-45 interrupted rocksnail snails per square meter were found in this reach. In 2004, a 6 man-hour search was required to find 20 individuals. Water quality is suspected as the cause of decline. A captive colony of approximately 200 snails was established at the Tennessee Aquarium Research Institute (TNARI) in 2000 for study and propagation. During the winter of 2003, the Alabama Department of Conservation and Natural Resources released about 3000 juvenile interrupted rocksnails from the TNARI colony into the Coosa River above Wetumpka, Elmore County, Alabama. The status of this reintroduction is currently unknown. We changed the listing priority number for the interrupted rocksnail from a 5 to a 2 due to the recent precipitous decline of the only known naturally surviving population in the Oostanaula River.

Newcomb's tree snail (

Newcombia cumingi

)—A tree-dwelling species, Newcomb's tree snail belongs to the snail family, Achatinellidae. The species is endemic to the island of Maui, where it is currently known from a single remaining population. This species is currently threatened by habitat loss and modification and by predation from nonnative predatorial snails. Because the threats are of a high magnitude and are now considered imminent because they are ongoing, we changed the listing priority number from a 5 to a 2.

Crustaceans

Anchialine pool shrimp (

Vetericaris chaceorum

)

—Vetericaris chaceorum

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 one population on the island of Hawaii. The primary threats to this species are habitat loss and predation from nonnative fish species. We changed the listing priority number for this species from a 2 to a 1 as this species is in a monotypic genus. The threats remain imminent and of a high magnitude.

Flowering Plants

Bidens amplectens

(Kookooalu)—This species is an erect perennial or facultatively annual herb found in mixed lowland dry shrubland/grassland on Oahu, Hawaii. This species is known from one population of 500 to 1,000 individuals in the Waianae Mountains. Threats to the species include nonnative plants that increase the fuel load and fire threat, and compete for habitat. We have changed the listing priority number for this species from 5 to 2 because the threats are ongoing, and therefore, imminent.

Bidens campylotheca

ssp.

pentamera

(Kookooalu)—This species is an erect, perennial herb found in

Cheirodendron-Metrosideros polymorpha

montane wet forest on Maui, Hawaii. This subspecies is known from 11 populations with a total of approximately 500 individuals, and is restricted to the island of Maui. Threats to the species include ungulates that eat this plant and degrade and destroy habitat, and by nonnative plants that compete for habitat. We have changed the listing priority number for this species from 6 to 3 because the threats are ongoing, and therefore, imminent.

Bidens micrantha

ssp.

ctenophylla

(Kookooalu)—This species is an erect, perennial herb found in open mixed shrubland to dry

Metrosideros

forest on the island of Hawaii, Hawaii. This species is endemic to the island of Hawaii, where it is restricted to an area of less than 10 square miles (26 square kilometers). This species is known from four populations totaling approximately 3,000 individuals, the majority of which occur in only two populations. Threats to the species include land development and nonnative plants such as

Pennisetum setaceum

and

Leucana leucocephala

, which degrade habitat, possibly contributing to fire. We have changed the listing priority number for this species from 6 to 3 because the threats are ongoing, and therefore, imminent.

Brickellia mosieri

(Florida brickell-bush)—This white-flowered, narrow-leaved herb in the aster family occurs in central and southern Miami-Dade County, Florida, from Southwest 120th Street to Florida City. It is found exclusively in pine rocklands, where it tends to occur in areas within open shrub canopy and exposed limestone with minimal organic litter. Approximately 99 percent of the former habitat has been converted to urban areas or farmland. Seventeen occurrences currently are confirmed in remnant blocks of habitat; thirteen are owned or managed by Miami-Dade

County and the others are privately owned. Of the known occurrences most contain a low density of plants; only two occurrences are believed to contain more than 1,000 individuals and the total population is estimated to be no more than 10,000 individuals, but more likely to be 5,000 to 7,000 individuals. There is little likelihood of finding significantly more populations. Fire suppression is one of the greatest threats to this species. Fire is required to maintain the pine rockland community but with fire suppression, hardwoods eventually increase and shade out understory species such as

Brickellia mosieri.

The other most significant threat is exotic plants. Throughout its range the species also is threatened by invasive exotic plants, and even if effective control methods are found for existing invasive exotic plants, additional invasive exotic plants are expected to emerge since areas near the managed pine rockland contain exotic species and can act as a seed source of exotics allowing them to continue to invade the pine rockland. However, 13 of the 17 sites are on conservation lands where control of invasive exotic species is being implemented, as well as controlled burns. Overall, the magnitude of threats to the Florida brickell-bush is moderate. The threats are also ongoing and therefore, imminent. Thus, we have revised the listing priority number from a 5 to an 8.

Calamagrostis expansa

(no common name)—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,

Calamagrostis expansa

was restricted to wet forest and bogs on Maui. Currently, this species is known from 100 populations of 1 or 2 individuals each on Maui, and was recently discovered in 5 populations totaling approximately 300 individuals on the island of Hawaii. The species is currently threatened by pigs that degrade and destroy habitat and nonnative plants that outcompete and displace them. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Calamagrostis hillebrandii

(no common name)—This species is a slender, short-rhizomatous perennial found in

Metrosideros-Machaerina

montane wet bog or

ohia-kuolohia-Oreobolus (Metrosideros-Rhynchospora-Oreobolus)

mixed bog on Maui, Hawaii. This species is known from two populations of about 500 individuals, restricted to the bogs of West Maui, although it was formerly found on the island of Molokai as well. This species is currently threatened by pigs that degrade and destroy habitat and nonnative plants that outcompete and displace them. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Calochortus persistens

(Siskiyou mariposa lily)—The Siskiyou mariposa lily is a narrow endemic that is restricted to two disjunct ridge tops in the Klamath-Siskiyou Range on the California-Oregon border. In California, this species is currently found at nine separate sites on approximately 10 hectares (ha) (24.7 acres (ac)) of Klamath National Forest and privately owned lands that stretch for 6 kilometers (km) (3.7 miles (mi)) along the Gunsight-Humbug Ridge. In 1998, five Siskiyou mariposa lily plants were discovered on Bald Mountain, west of Ashland, Jackson County, Oregon.

Major threats include competition and shading by native and nonnative species fostered by suppression of wild fire; increased fuel loading and subsequent risk of wild fire; fragmentation by roads, fire breaks, tree plantations, and radio-tower facilities; maintenance and construction around radio towers and telephone relay stations located on Gunsight Peak and Mahogany Point; and soil disturbance and exotic weed and grass species introduction as a result of heavy recreational use and construction of fire breaks. Dyer's woad (

Isatis tinctoria

), an invasive, nonnative plant that may prevent germination of Siskiyou mariposa lily seedlings, is now found throughout the California population, affecting 90 percent of the known lily habitat. Forest Service staff and the Klamath-Siskiyou Wildlands Center cite competition with dyer's woad as a significant and chronic threat to the survival of Siskiyou mariposa lily.

The combination of restricted range, extremely low numbers (five plants) in one of two disjunct populations, poor competitive ability, short seed dispersal distance, slow growth rates, low seed production, apparently poor survival rates in some years, and competition from exotic plants threaten the continued existence of this species. However, as a result of information gained during the 2003 field season, the listing priority number has been changed from 2 to 5. Our previous rating was based on the reported results of unpublished demographic research that showed an absence of reproduction, leading the Service to rate the immediacy of threats as imminent. However, during last season's extensive survey, Klamath National Forest staff observed juvenile plants across the California range of

C. persistens.

For this reason, we have revised the immediacy of threats to nonimminent. Because none of the threats to

C. persistens

are anticipated to cause extinction in the immediate future and because the nonimminent threats are of a high magnitude, we assigned a listing priority number of 5 to this species.

Canavalia napaliensis

(Awikiwiki)—This species is a perennial climber found in open dry sites and coastal strand, diverse lowland dryland/mesic forest to mixed mesophytic forest on Kauai, Hawaii.

Canavalia napaliensis

is known from three populations totaling several hundred individuals in a small section of the Na Pali coast. This species is currently threatened by goats that eat this plant and degrade and destroy habitat, and by nonnative plants that outcompete and displace them. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Chamaesyce deltoidea

ssp.

pinetorum

(Pineland sandmat)—This small, upright, round-leaved herb belonging to the spurge family is known only from the southern portion of the Miami Rock Ridge in Southern Miami-Dade County, Florida. This species occurs in tropical pine woods on limestone rock (rock pinelands). It is shade intolerant and requires periodic prescribed fires to reduce competition from woody vegetation. The total number of plants has been estimated to be fewer than 10,000. Plants occur on conservation lands at Everglades National Park and seven relatively small pinelands owned by Miami-Dade County, one private preserve, and a governmental non-conservation site. Additionally, fewer than 1,000 plants are estimated to occur at less than 10 privately owned unprotected sites. The most serious threats are lack of fire in small urban or near-urban preserves and invasive pest plants. Despite effective exotic pest plant management in Everglades National Park and on Miami-Dade County lands, the pest plant threats remain, and new problems, such as Old World climbing fern, are emerging. While there are inherent difficulties in maintaining small pinelands and the exotic pest plant threats are serious, overall, the threats are moderate in magnitude; the largest population occurs on Everglades National Park where invasive species are being actively controlled and fire is being used to maintain habitat for this species. The threats are imminent since they are ongoing. Therefore, we are revising the listing priority number for the pineland sandmat from 6 to 9.

Chamaesyce eleanoriae

(Akoko)—This species is a small shrub found on

steep slopes and cliffs, in

Metrosideros-Diospyros

lowland mesic forest and

Eragrostis variabilis

coastal dry cliffs on Kauai, Hawaii. This species is known from 10 populations totaling less than 500 individuals. Described in 1996, it is found only in and around Kalalau Valley rim, along the Na Pali Coast on the island of Kauai. Although it was only discovered in 1992, a decline in numbers has already been observed. The species is threatened by goats and rats that eat this plant and degrade and destroy habitat, and by nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Chamaesyce remyi

var.

kauaiensis

(Akoko)—This species is a shrub found in wind-swept shrubland and adjacent forest patches dominated by

Metrosideros

and

Syzygium

on Kauai, Hawaii.

Chamaesyce remyi

var.

kauaiensis

is known from four or five populations totaling 300 to 400 individuals. This variety is found only in the Wahiawa and Blue Hole areas on the island of Kauai. This species is threatened by goats and pigs that eat this plant and degrade and destroy habitat, by the two-spotted leafhopper that damages leaves and may spread plant viruses, and by nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 6 to 3 since the threats are ongoing, and therefore, imminent.

Chamaesyce remyi

var.

remyi

(Akoko)—This species is a perennial shrub found in wet

Metrosideros polymorpha-Dicranopteris linearis

montane mesic forest on Kauai, Hawaii.

Chamaesyce remyi

var.

remyi

is known from at least 10 populations totaling 500 to 1,000 individuals. Hybrids of

C. remyi

and

C. sparsiflora

have been found near the margins of Wahiawa Bog, Kauai. This species is threatened by goats and pigs that eat this plant and degrade and destroy habitat, by the two-spotted leafhopper that causes leaf damage and may spread viruses, and by nonnative plants that outcompete and displace it. We have changed the listing priority number for this plant variety from 6 to 3 since the threats are ongoing, and therefore, imminent.

Charpentiera densiflora

(Papala)—This species is a tree found in

Diosporus sandwicensis

-dominated lowland mesic forest, extending into diverse mesic forest on Kauai, Hawaii.

Charpentiera densiflora

is known from 10 populations totaling approximately 200 individuals, restricted to an area of less than 10 square miles (26 square kilometers) in the Na Pali coast area on the island of Kauai. The threat to the species is feral goats that degrade and destroy habitat. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Chromolaena frustrata

(Cape Sable thoroughwort)—This blue-flowered herb of the aster family presently occurs in Monroe County, Florida, at scattered locations in the Florida Keys and Everglades National Park near the Flamingo Visitors Center. Within the past 30 years, it was also observed slightly farther east in Everglades National Park in Miami-Dade County. In the Florida Keys (Monroe County), Cape Sable thoroughwort occupies rock barrens and edges of tropical hardwood hammocks. Populations of Cape Sable thoroughwort on public conservation lands are small. Everglades National Park has fewer than 150 plants (remote areas have not yet been surveyed); Boca Grande Key, Lignumvitae Key, Long Key, Upper Matecumbe Key have approximately 25, 81, 200, and 18 plants respectively. The species is also present at two privately owned sites (Long Key and Big Munson Island) in the Keys. Approximately 162 plants are on private land at Long Key. The only large population of Cape Sable thoroughwort (consisting of thousands of plants) is on a privately owned island near Big Pine Key. The abundance of Cape Sable thoroughwort here is probably due to Hurricane Georges in 1998, which opened the island's tree canopy. While the 1998 hurricane benefited one population, a more severe storm could have very different effects. The listing priority has been increased to reflect the high and imminent risk of extinction due to small population size, combined with the risk of loss of populations from exotic pest plants (especially Brazilian pepper) through changes in community structure and competition, hurricanes, and other disturbances (

e.g.

from trail construction). Therefore, we changed the listing priority number for the Cape Sable thoroughwort from a 5 to a 2.

Cyanea calycina

(Haha)—This species is an unbranched shrub found in

Metrosideros-Dicranopteris

montane wet forest and wet gulches and streambanks on Oahu, Hawaii. This species is known from about 20 populations with a combined total of 200 or more individuals. Threats to the species include pigs and goats that degrade and destroy habitat, rats and slugs that directly prey upon it, and nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Cyanea kunthiana

(Haha)—This species is a shrub found in closed

Metrosideros polymorpha

montane wet forest on Maui, Hawaii. The historic range of

Cyanea kunthiana

was wet forest on the island of Maui. While there are no historic records of numbers of populations or individuals, qualitative accounts indicate that the species was not uncommon. Currently, this species is declining throughout its range and is known from approximately 20 populations with a combined total of several hundred individuals. Threats to the species include pigs, rats, and slugs that eat this plant and degrade and destroy habitat, and nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Cyanea lanceolata

(Haha)—This species is a shrub found in

Acacia koa-Metrosideros polymorpha

lowland mesic forest on Oahu, Hawaii. This species is known from 20 populations with a combined total of less than 300 individuals. Threats to the species include pigs, rats, and slugs that prey upon, degrade and destroy habitat, and nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Cyanea tritomantha

(Aku)—This species is a palm-like tree found in closed

Metrosideros-Cibotium

montane wet forest on the island of Hawaii, Hawaii. This species is known from four to five populations with a total of 100 to 500 individuals in Olaa and Kau on the island of Hawaii. Threats to the species include pigs, rats, and slugs that eat this plant and degrade and destroy habitat, and nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Cyrtandra kaulantha

(Haiwale)—This species is a shrub found in moist wooded gulches in dense shade on Oahu, Hawaii. This species is known from seven populations with a total of 37 individuals along the Waiahole Ditch Trail on the island of Oahu. Threats to the species include pigs and slugs that eat this plant and degrade and destroy habitat. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Cyrtandra oenobarba

(Haiwale)—This species is a low, decumbent, fleshy, subshrub found in

Metrosideros

polymorpha-Dicranopteris linearis

lowland wet forest on Kauai, Hawaii. The historic range of this species was throughout the island of Kauai. While there are no historic records of numbers of populations or individuals, qualitative accounts indicate that the species was relatively widespread and abundant. Recent surveys show that the species is now limited to 10 or more populations with a combined total of 200 to 500 individuals in only three small areas on the island of Kauai. Threats to the species include pigs that eat this plant and degrade and destroy habitat, and nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Dalea carthagenensis

var.

floridana

(Florida prairie clover)—This shrubby pea is restricted to south Florida, where it is found in edges of rockland hammock and pine rockland, coastal upland, and marl prairie. Fire is likely very important for this species since Florida prairie clover probably does not tolerate shading by hardwoods in the absence of periodic fires. Two colonies occur in the Big Cypress National Preserve (Collier and Monroe Counties), two colonies occur at the Deering Estate at Cutler (managed by Miami-Dade County), and one colony exists at the R. Hardy Matheson Preserve (Miami-Dade County). Although this species potentially might be rediscovered at still existing Miami area sites where it was once collected (such as Crandon Park on Key Biscayne, the Castellow Hammock Environmental Education Center, and the edge of Everglades National Park), species experts believe this is unlikely. The estimated total population of Florida prairie clover is 200 to 300 plants. Even if all the plants were in a single locality, they probably would not constitute a viable population. The State has designated the species as endangered, but this listing provides little or no habitat protection beyond disclosure of impacts. Threats to this plant developed over the course of the twentieth century as most of its geographic range in Miami-Dade County became urbanized, leaving only small remnants of pine rocklands. Fire suppression and invasive exotic plants are the greatest threats to this species. In the absence of fire, hardwoods eventually shade out understory species like

Dalea carthagenesis

var.

floridana.

Conducting prescribed fires in urban areas where the small sites exist is difficult but there has been some success at the Charles Deering Estate and R. Hardy Matheson Preserve. Exotic (

i.e.,

nonnative) plants are widespread and difficult to control. There have been some efforts to remove the exotic plants at the smaller sites, but the methods used are not feasible at the large Big Cypress National Preserve. The small remaining populations of the species also are extremely vulnerable to the effects of hurricanes. Overall, our review of the status of this species shows that the magnitude of threats is moderate and threats are ongoing, and therefore, imminent. Therefore, we have changed the listing priority number for this plant variety from a 6 to a 9.

Dubautia imbricata

ssp.

imbricata

(Naenae)—This species is a shrub found in wet forest and bogs on Kauai, Hawaii. This subspecies is known from three populations totaling 1,000 or more individuals in the Wahiawa Mountains. Threats to the species include pigs that degrade and destroy habitat and nonnative plants that outcompete and displace it. We have changed the listing priority number for this subspecies from 6 to 3 since the threats are ongoing, and therefore, imminent.

Dubautia waialealae

(Naenae)—This species is a shrub found in bogs and diverse mesic to wet forest on the Kauai, Hawaii. This species is known from one population totaling fewer than 800 individuals near the summit of Waialeale and one individual at the opposite end of the Alakai Plateau. Threats to the species include pigs that degrade and destroy habitat, and nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Festuca hawaiiensis

(no common name)—This species is a cespitose (grows in dense clumps) annual found in dry forest on the islands of Hawaii and Maui, Hawaii. This species is known from more than 20 populations totaling approximately 1,000 individuals in and around the Pohakuloa Training Area on the island of Hawaii. Historically, this species was also found on Hualali and Puu Huluhulu on Hawaii and possibly Ulupalakua on Maui, but it no longer occurs at these sites. The species is threatened by pigs, goats, and sheep that eat this plant and degrade, and destroy habitat, by nonnative plants that outcompete and displace it, and by fire from military training. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Gardenia remyi

(Nanu)—This species is a tree found in mesic to wet forest on the islands of Kauai, Molokai, Maui, and Hawaii, Hawaii.

Gardenia remyi

is known from several populations totaling a few hundred individuals throughout its range. The species is threatened by pigs and goats that eat this plant and degrade and destroy habitat, and by nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Geranium hanaense

(Nohoanu)—This species is a decumbent (growing along the ground) shrub found in bogs on Maui, Hawaii. First described in 1988,

Geranium

hanaense was known from only two adjacent montane bogs on the northeast outer rift of Haleakala, East Maui. At that time the species was represented by 500 to 700 individuals. By 1996, the species population had significantly declined according to State biologists. Threats to the species include pigs that degrade and destroy habitat, and nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Hazardia orcuttii

(Orcutt's Hazardia)—

Hazardia orcuttii

is a shrubby species in the Asteraceae (sunflower family). Although once described as fairly common in open habitats along coastal plains from Colonet to Tijuana in Baja California, Mexico, only one occurrence has been confirmed in Mexico since 1975. There is only one known extant native occurrence of this species in the United States; it is in the Manchester Conservation Area (MCA), managed by the Center for Natural Lands Management in the City of Encinitas. Apparent threats to the species include direct impacts from unauthorized access and use of the MCA. Impacts include pedestrian trespass, creation, and use of bicycle trails, and use of the area for unauthorized fire suppression methods training. Introduced invasive exotic plants may also pose a significant threat to the species. Monitoring has not recorded seedling recruitment at the site. This species has a narrow geographical range in the United States, but the site is managed. Because this species is State-listed and occurs in a managed, protected area, the threats are now nonimminent, but remain high in magnitude. Therefore, we changed the listing priority number for this species from a 2 to a 5.

Hedyotis fluviatilis

(Kamapuaa)—This species is a scandent shrub found in mesic to wet forest on Oahu and Kauai, Hawaii. This species is known from six populations totaling 500 to 1,000 individuals throughout its range. This species is threatened by pigs that

degrade and destroy habitat, and by nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Indigofera mucronata

var.

keyensis

(Florida indigo)—This small, perennial pea is found at edges of tropical rockland hammock (forest), coastal berm, and rock barren communities in the upper Florida Keys (Monroe County, Florida). Florida Keys indigo is currently known only from Crawl Key (private), Key Largo (John Pennekamp Coral Reef State Park), Long Key State Park, Long Point Key (private), Plantation Key (private), and Windley Key Fossil Coral Reef State Geological Park. A population has been seen at Snake Creek Hammocks, Florida Keys Wildlife and Environmental Area, managed by the Florida Fish and Wildlife Conservation Commission. This species appears to have been extirpated from the Lower and Upper Matecumbe Keys. Perhaps no more than 1,000 individuals exist. The coastal rock barrens at two sites are being invaded by native and exotic hardwoods, and the exotic Brazilian pepper (

Schinus terebinthifolius

) is a special concern as the pepper is very competitive. For example, on Long Point Key, encroaching Brazilian pepper threatens to close over the opening where a small population of Florida indigo occurs. It is unlikely this population will survive another decade under current conditions. The overall status of this plant appears to be stable on public conservation lands in the Keys due to land acquisition by the State, monitoring by the Florida Park Service, and effective control of exotic pest plants in some areas. Because the threats to this plant are moderate and are ongoing, and therefore, imminent, we have changed the listing priority number from 6 to 9.

Keysseria erici

(no common name)—This species is a short, rhizomatous perennial herb found in montane bogs on Kauai, Hawaii.

Keysseria erici

is known from several populations in bogs within the Alakai swamp region of Kauai, totaling approximately 1,000 individuals. While the species has always been restricted to the bogs of the Alakai, it may have occurred in more bogs in the area in the past. Threats to the species include pigs that degrade and destroy habitat, and nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Keysseria helenae

(no common name)—This species is a rhizomatous perennial herb found in montane bogs on Kauai, Hawaii.

Keysseria helenae

is known from three or four populations in bogs within the Alakai swamp region of Kauai, totaling approximately 300 individuals. While the species has always been restricted to the bogs of the Alakai, it may have occurred in more bogs in the area in the past. Threats to the species include pigs that degrade and destroy habitat, and nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Korthalsella degeneri

(Hulumoa)—This species is a parasitic subshrub found on two species of native trees,

Sapindus oahuensis

and

Nestigis sandwicensis,

only in diverse mesic forests on Oahu, Hawaii. Recent surveys indicate that the species is known only from one population of 1,000 individuals in Makua Valley. Threats to the species include goats that eat this plant and degrade and destroy habitat, by nonnative plants that outcompete and displace it, and by fire. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Labordia helleri

(Kamakahala)—This species is a shrub found in diverse mesic forest and mesic valleys on Kauai, Hawaii. This species is known from eight or more populations totaling 500 individuals from Makaha to Honopu. This species is threatened by goats and deer that eat this plant and degrade and destroy habitat, and by nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Labordia pumila

(Kamakahala)—This species is a sparingly branched shrub found in hummocks in bogs and in bog margins on Kauai, Hawaii. This species is known from three populations totaling 500 to 700 individuals in the Alakai and Waialeale areas. This species is threatened by pigs that eat this plant and degrade and destroy habitat, and by nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Lysimachia daphnoides

(Lehua makanoe)—This species is a small shrub found in bogs on Kauai, Hawaii. This species is known from nine populations totaling 180 to 300 individuals in the Alakai area. Threats to the species include pigs and hikers that degrade and destroy habitat, and nonnative plants that outcompete and displace it. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Melicope christophersenii

(Alani)—This species is a long-lived perennial shrub or tree found in wet forest on Oahu, Hawaii.

Melicope christophersenii

was historically known from the southern Waianae Mountains on the island of Oahu. Currently, this species is known from several populations totaling less than 300 individuals. This species is threatened by feral pigs and goats that eat this plant and degrade habitat, competition from nonnative plants, and predation by the black twig borer. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Melicope puberula

(Alani)—This species is a shrub or small tree found in mesic and wet forest on Kauai, Hawaii. This species is known from 1,000 individuals in the Kalalau area to Wainiha Pali on the island of Kauai. Threats to the species include feral pigs and goats, nonnative plants, the black twig borer, and naturally occurring events. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Myrsine fosbergii

(Kolea)—This species is a branched shrub or small tree found in cloudswept ridges and wet forest on Kauai and Oahu, Hawaii. This species is known from at least five populations totaling 150 to 175 individuals from Kauai and the southeastern end of Castle Trail on Oahu. This species is threatened by feral pigs and nonnative plants. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Myrsine vaccinioides

(Kolea)—This species is a small branched shrub found in shrubby bogs on Maui, Hawaii. This species is found scattered throughout the bogs of west Maui, totaling approximately 500 individuals, but regeneration is not occurring. This species is found in the Puu Kukui area of West Maui. Threats to the species include feral pigs and nonnative plants. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Nothocestrum latifolium

(Aiea)—This species 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 approximately a dozen

populations totaling less than 300 individuals. While the species has not been extirpated from any island, its range on each island has decreased dramatically. Threats to the species include feral pigs, goats and cattle, nonnative plants, and the loss of pollinators. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Penstemon debilis

(Parachute beardtoungue)—

Penstemon debilis

is endemic to oil shale outcrops on the Roan Plateau escarpment in Garfield County, Colorado. The total estimated number of plants is 450 to 750 individuals. Approximately 90 percent of the plants are on private land owned by Occidental Petroleum; the remaining 10 percent are on Bureau of Land Management land that is proposed to be open to leasing under a new Resource Management Plan in 2005. Pressure to develop energy reserves in this area is intense. Threats also include habitat destruction caused by road and communication tower maintenance and recreational use. A listing priority number change from 5 to 2 is based on a dramatic increase in the intensity of energy exploration along the Roan Plateau escarpment, making the threats to the species imminent.

Phacelia submutica

(DeBeque phacelia)—

Phacelia submutica

is an ephemeral annual flowering plant and is endemic to clay soils derived from the Atwell Gulch and Shire members of the Wasatch Formation in Mesa and Garfield Counties, Colorado. There are about 40 populations; all are smaller than 5 acres. The numbers of plants vary from none to thousands each year, depending on precipitation. The habitat coincides with high quality oil and gas reserves of the Piceance Basin, mostly on Federal lands. The primary threats to this species are gas field development and associated construction and transportation activities, as well as increased access to all-terrain vehicles. Substantial surface disturbance alters the unique soil structure and destroys seed banks that are crucial to the survival of this species. We changed the listing priority number from an 11 to an 8 primarily in response to a dramatic increase in the intensity of energy exploration and development on the habitat, which make the low to moderate threats imminent.

Phyllostegia floribunda

(no common name)—This species is an erect subshrub found in mesic to wet forest on the island of Hawaii, Hawaii. This species is known from 4 populations with a combined total of between 100 to 500 individuals in Laupahoehoe Natural Area Reserve and Hawaii Volcanoes National Park. Threats to the species include feral pigs, and nonnative plants. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Pittosporum napaliense

(Hoawa)—This species is a small tree found in

Pandanus

forest and mesic valleys on Kauai, Hawaii. This species is known from about six populations, with a combined total of several hundred individuals on the eastern portion of the Na Pali coast. Threats to the species include feral pigs and nonnative plants. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Platydesma cornuta

var.

cornuta

(no common name)—This species is an erect palmoid shrub found in mesic forest on Oahu, Hawaii. This variety is known from three to four populations, with a combined total of approximately 100 individuals in the Koolau Mountains on the island of Oahu. Limited monitoring has shown that this population is declining. Threats to the species include feral pigs and nonnative plants. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Platydesma cornuta

var.

decurrens

(no common name)—This species is an erect palmoid shrub found in mesic forest on Oahu, Hawaii. This variety is known from a few populations, with a combined total of a few hundred individuals in the Waianae Mountains. Threats to the species include feral pigs, goats, and nonnative plants. We have changed the listing priority number for this variety from 6 to 3 since the threats are ongoing, and therefore, imminent.

Platydesma rostrata

(Pilo kea lau lii)—This species is erect palmoid shrub found in diverse mesic forest and valleys on Kauai, Hawaii. This species is known from about 20 populations with a combined total of several hundred individuals in Kokee and Kuia. This species is threatened by feral goats and nonnative plants. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Pleomele fernaldii

(Hala pepe)—This species is a tree found in dry forest habitat on Lanai, Hawaii, which has become dramatically reduced due to agriculture and habitat degradation. Three populations of this species are currently found on the island of Lanai in the few remnant dry forests on the leeward side of the island, with a combined total of 200 individuals. Threats to the species include axis deer and nonnative plants. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Pleomele forbesii

(Hala pepe)—This species is a tree found in diverse mesic and dry forests on Oahu, Hawaii. Although previously thought to be more common, this species is currently known from 16 populations that have a combined total of 500 individuals. This species is threatened by feral pigs and goats, nonnative plants, fire, and rats. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Pritchardia hardyi

(Loulu)—This species is a medium-sized palm tree found in open wet forest on Kauai, Hawaii. This species is known from three populations with a combined total of 300 individuals in the Power Line Road area. This species is threatened by feral pigs, rats, vandalism/collection, and nonnative plants. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Pseudognaphalium

(=Gnaphalium)

sandwicensium

var.

molokaiense

(Enaena)—This species is a perennial herb found in strand vegetation in dry consolidated dunes on Molokai, Hawaii. This variety is known from two populations, one totaling a few hundred individuals in the Moomomi area and one population of 25 individuals on west Maui at Puu Kahulianapa. Threats to the species include predation by feral deer, competition with nonnative plants, collection by lei makers, and destruction by off road vehicles. We have changed the listing priority number for this variety from 6 to 3 since the threats are ongoing, and therefore, imminent.

Pteralyxia macrocarpa

(Kaulu)—This species is a tree found in valleys and slopes in diverse mesic forest on Oahu, Hawaii. This species is known from 20 populations with a combined total of less than 500 individuals. Threats to the species include feral pigs, rats, the two-spotted leafhopper, and nonnative plants. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Ranunculus hawaiensis

(Makou)—This species is an erect or ascending perennial herb found in mesic to wet forest, dominated by

Metrosideros polymorpha

(ohia) and

Acacia koa

(koa) with scree substrate on Maui and the island of Hawaii, Hawaii. Its range on these two islands has declined. Populations formerly within Haleakala

National Park have been extirpated. It is known from fewer than 300 individuals in five populations. However, the majority of these individuals are seedlings, less than 1 inch (2.5 centimeters) tall. Species experts expect the rate of survival to be very low due to trampling by feral pigs, goats, cattle, and sheep. Other threats to the species include competition from nonnative plants, and damage from slugs. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Sicyos macrophyllus

(Anunu)—This species 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 several populations with a combined total of a few hundred individuals in the Kohala and Mauna Kea areas. This species is threatened by feral pigs, sheep and nonnative plants. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Solanum nelsonii

(Popolo)—This species is a sprawling or trailing shrub found in coral rubble or sand in coastal sites on the islands of Hawaii, Molokai, Maui, Niihau, Nihoa, Pearl, and Hermes, Hawaii. This species is known from ten populations with a combined total of fewer than 300 individuals and is declining rapidly on all islands, including the Remote Islands National Wildlife Refuge. In the past, this species was also found on the islands of Oahu, Kauai, Midway, and Laysan, but is believed to be extirpated from these locations, due primarily to coastal development and competition with nonnative plant species. This species is threatened by nonnative plants, development, off road vehicles, and trampling. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Ferns and Allies

Christella boydiae

(no common name)—This species is a small to medium sized fern found in mesic to wet forest along streambanks on Oahu and Maui, Hawaii. Historically, this species was also found on the island of Hawaii; however, the species has been extirpated from that location. This species is known from three populations with a combined total of 362 to 412 individuals. The three populations are found in Kipahulu Valley and Waihoi Valley of Maui and the Koolau Mountains of Oahu. Current populations survive only at the extreme upper elevations of streambanks. This species is threatened by feral ungulates, nonnative plants, stream diversion, and erosion. We have changed the listing priority number for this species from 5 to 2 since the threats are ongoing, and therefore, imminent.

Microlepia strigosa

var.

mauiensis

(Palapalai)—This fern is found in mesic to wet forests. The species was historically found on the islands of Maui and Hawaii, Hawaii, but is currently found only on the island of Maui, where it is known from three populations with a combined total of 100 to 200 individuals. This species is threatened by feral pigs that eat this plant and degrade and/or destroy habitat, by nonnative plants that compete for light and nutrients, and reduce this species' vigor; and by stochastic extinction due to naturally occurring events. We have changed the listing priority number for this species from 2 to 3 because this entity is now recognized as a variety of another species. The threats to this variety remain imminent and of a high magnitude.

Other Taxonomic Changes in Candidates

Flowering Plants

Keysseria erici

(C.N. Forbes) Cabrera—This species has no common name and is in the Asteraceae (Sunflower family).

Keysseria erici

was originally described as

Lagenophora erici

by C.N. Forbes in 1918. The currently recognized Latin name,

Keysseria erici,

was published by Cabrera in 1967. This name is accepted in the 2003 supplement to the

Manual of the Flowering Plants of Hawaii

(Wagner and Herbst 2003). Thus, with this current CNOR and accompanying species assessment form, we recognize the candidate entity as

Keysseria erici

(rather than the name we previously used, Lagenophora erici). Also, see above in “

Summary of Listing Priority Changes in Candidates

.”

Keysseria helenae

(C.N. Forbes & Lydgate) Cabrera—This species has no common name and is in the Asteraceae (Sunflower family).

Keysseria helenae

was originally described as

Lagenophora helenae

by C.N. Forbes and J. Lydgate in 1918, and in previous CNORs we showed

L. helenae

as a candidate. The currently recognized Latin name,

Keysseria helenae,

was published by Cabrera. This name is accepted in the 2003 supplement to the

Manual of the Flowering Plants of Hawaii

(Wagner and Herbst 2003). Thus, with this current CNOR and accompanying species assessment form, we recognize the candidate entity as

Keysseria helenae.

Also, see above in “

Summary of Listing Priority Changes in Candidates

.”

Ferns and Allies

Christella boydiae

(D.C.Eaton) Holttum—This species has no common name and is in the family Thelypteridaceae.

Christella boydiae

was originally described as

Aspidium boydiae

by D.C. Eaton in 1897, and in previous CNORs we showed

A. boydiae

as a candidate. The currently recognized Latin name,

Christella boydiae,

was published by R.E. Holttum in 1966. This name is accepted by a recent treatment of the fern flora of Hawaii (Palmer 2003). Thus, with this current CNOR and accompanying species assessment form, we are recognizing the candidate entity as

Christella boydiae.

Also, see above in “

Summary of Listing Priority Changes in Candidates

.”

Huperzia stemmermanniae

(A.C. Medeiros & W.H. Wagner) Kartesz—This species has no common name but is a type of hanging firmoss in the Lycopodiaceae (Club-moss family).

Huperzia stemmermanniae

was originally described as

Phlegmariurus stemmermanniae

by A.C. Medeiros and W.H. Wagner (Medeiros

et al.

1996) based on specimens collected on Haleakala, Maui, Hawaii, by Medeiros and Chimera in 1995. The currently recognized Latin name,

Huperzia stemmermanniae,

was published in 1999 (Kartez 1999). This name is accepted by a recent treatment of the fern flora of Hawaii (Palmer 2003). Thus, with this current CNOR and accompanying species assessment form, we are recognizing the candidate entity as

Huperzia stemmermanniae

(rather than the name we previously used,

Phlegmariurus stemmermanniae). Huperzia stemmermanniae

is found in mesic

Metrosideros polymorpha

(ohia)/

Acacia koa

(koa) forests on the islands of Maui and Hawaii, Hawaii. This species was historically known only from east Maui. Additional populations are found in Laupahoehoe on the island of Hawaii. Only four populations are known, totaling less than 20 individuals on Hawaii and Maui. This species is threatened by feral pigs, goats, and cattle, which eat this plant and degrade and/or destroy habitat; fire that also destroys habitat and plants; and, nonnative plants that outcompete it for light and nutrients. Because the threats are of a high magnitude and are imminent, we are continuing to assign this species a listing priority number of 2.

Microlepia strigosa

var.

mauiensis

(palapalai) is in the family Dennstaedtiaceae.

Microlepia strigosa

var.

mauiensis

was originally described as

Microlepia mauiensis

by W.H. Wagner and in previous CNORs we showed

M. mauiensis

as a candidate. The currently recognized Latin name,

Microlepia strigosa

var.

mauiensis,

was published by D. Palmer in 2002. This name is accepted in his recent treatment of the fern flora of Hawaii Palmer (2003). Also, see above in “

Summary of Listing Priority Changes in Candidates

.”

Candidate Removals

Clams

Alabama clubshell (

Pleurobema troshelianum

) and painted clubshell (

Pleurobema chattanoogaense

)—Based on recent genetic and morphological studies by Williams

et al.

and Campbell (see the species assessment forms for references and details), these two taxa are no longer considered valid, and do not meet the Act's definition of a species. Therefore, we are removing both species from candidate status.

Insects

Holsinger's Cave beetle (

Pseudamophthalmus holsingeri

)—Holsinger's cave beetle is a cave-dependent predatory ground beetle found in a single cave, Young-Fugate Cave, located in Lee County, Virginia. Through conservation efforts, two previous major threats have been eliminated: (1) A highway widening project proposed to be constructed near the cave has been modified to avoid impacts to the cave, and, (2) a leaking underground fuel tank from a gas station located over the cave has been removed. Additionally, the cave entrance is located on private land where the landowners strictly prohibit entry into the cave. Although water entering Young-Fugate cave is somewhat affected by sources of non-point source pollution, results of monitoring the cave beetle population have shown no evidence that current surrounding land use has negatively impacted the cave beetle. Thus, threats to this species have been eliminated and the species no longer meets the definition of a candidate species.

Crustaceans

Camp Shelby burrowing crayfish (

Fallicambarus gordoni

)—The Camp Shelby burrowing crayfish (CSBC) is found in pitcher plant wetlands of southern Mississippi. CSBC has a small, naturally limited range in a localized portion of the Leaf River watershed in central Perry County, Mississippi, within the Desoto National Forest. All of this area is currently under lease to the Mississippi Army National Guard's Camp Shelby for troop and tank training grounds. A Candidate Conservation Agreement (CCA) was developed and is being implemented by the Mississippi Army National Guard, U.S. Forest Service, Mississippi Department of Wildlife, Fisheries and Parks, and the Service. This CCA addresses all threats known to the species (silviculture, troop and tank maneuvers, and ATV use) and implements an aggressive habitat management and monitoring program. This signed CCA has removed threats to the CSBC and its habitat to the point that the species no longer meets the criteria for candidate status. We are removing this species from the candidate list primarily as a result of the conservation efforts outlined in the CCA.

Petition Findings for Candidate Species

The Act provides two mechanisms for considering species for listing. One method allows the Secretary, on her 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 that (a) the immediate proposal of a regulation and final promulgation of regulation implementing the petitioned action is precluded by pending proposals, and (b) expeditious progress is being made to add qualified species to the lists of endangered or threatened species. (We refer to this as a “warranted but precluded” finding.)

Section 4(b)(3)(C) of the Act requires that when we make a warranted but precluded finding on a petition, we are to treat such a petition as one that is resubmitted on the date of such a finding. Thus, we are required to publish new 12-month findings on these “resubmitted” petitions on an annual basis.

On December 5, 1996, we made a final decision to redefine “candidate species” to mean those species for which the Service has on file sufficient information on biological vulnerability and threat(s) to support issuance of a proposed rule to list, but for which issuance of the proposed rule is precluded (61 FR 64481, December 6, 1996). Therefore, the standard for making a species a candidate through our own initiative is identical to the standard for making a warranted-but-precluded 12-month petition finding on a petition to list, and we add all petitioned species for which we have made a warranted-but-precluded 12-month finding to the candidate list.

This publication also provides notice of substantial 90-day findings and the warranted-but-precluded 12-month findings pursuant to section 4(b)(3) for candidate species listed on Table 1 that we identified on our own initiative, and that subsequently have been the subject of a petition to list. Even though all candidate species identified through our own initiative already have received the equivalent of substantial 90-day and warranted-but-precluded 12-month finding, we reviewed the status of the newly petitioned candidate species and through this CNOR are publishing specific section 4(b)(3) findings (

i.e.

, substantial 90-day and warranted-but-precluded 12-month findings) in response to the petitions to list these candidate species. We publish these findings as part of the first CNOR following receipt of the petition.

Pursuant to section 4(b)(3)(C)(i) of the Act, once a petition is filed regarding a candidate species, we must make a 12-month petition finding in compliance with section 4(b)(3)(B) of the Act at least once a year, until we publish a proposal to list the species or make a final not-warranted finding. We make this annual finding for petitioned candidate species through the CNOR.

Section 4(b)(3)(C)(iii) of the Act requires us to “implement a system to monitor effectively the status of all species” for which we have made a warranted-but-precluded 12-month finding, and to “make prompt use of the [emergency listing] authority [under section 4(b)(7)] to prevent a significant risk to the well being of any such species.” The CNOR plays a crucial role in the monitoring system that we have implemented for all candidate species

by providing notice that we are actively seeking information regarding the status of those species. We review all new information on candidate species as it becomes available, prepare annually a species assessment form that reflects monitoring results and other new information, and identify any species for which emergency listing may be appropriate. If we determine that emergency listing is appropriate for any candidate, whether it was identified through our own initiative or through the petition process, we will make prompt use of the emergency listing authority under section 4(b)(7). We have been reviewing and will continue to review, at least annually, the status of every candidate whether or not we have received a petition to list it. Thus, the CNOR and accompanying species assessment forms also constitute the Service's annual finding on the status of petitioned species pursuant to section 4(b)(3)(C)(i).

On June 20, 2001, the United States Court of Appeals for the Ninth Circuit held that the 1999 CNOR (64 FR 57534, October 25, 1999) did not demonstrate that we fulfilled the second component of the warranted-but-precluded 12-month petition findings for the Gila chub and Chiracahua leopard frog (

Center for Biological Diversity

v.

Norton

, 254 F.3d 833 (9th Cir. 2001)). The court found that the one-line designation in the table of candidates in the 1999 CNOR, with no further explanation, did not satisfy section 4(b)(3)(B)(iii)'s requirement that the Service publish a finding “together with a description and evaluation of the reasons and data on which the finding is based.” The court suggested that this one-line statement of candidate status also precluded meaningful judicial review.

On June 21, 2004, the United States District Court for Oregon agreed that we can use the CNOR as a vehicle for making petition findings and that our reasoning for why listing is precluded does not need to be based on an assessment at a regional level (as opposed to a national level) (

Center for Biological Diversity

v.

Norton

Civ. No. 03-1111-AA (D. Or.)). However, this court found that our discussion on why listing the candidate species were precluded by other actions lacked specificity; in the list of species that were the subject of listing actions that precluded us from proposing to list candidate species, we did not state the specific action at issue for each species in the list and we did not indicate which actions were court-ordered.

On June 22, 2004, in a similar case, the United States District Court for the Eastern District of California also concluded that our determination of preclusion may appropriately be based on a national analysis (

Center for Biological Diversity

v.

Norton

No. CV S-03-1758 GEB/DAD (E.D. Cal.)). This court also found that the Act's imperative that listing decisions be based solely on science applies only to the determination about whether listing is warranted, not the question of when listing is precluded.

On March 24, 2005, the United States District Court for the District of Columbia held that we may not consider critical habitat activities in justifying our inability to list candidate species, requiring that we justify both our preclusion findings and our demonstration of expeditious progress by reference to listing proceedings for unlisted species (

California Native Plant Society

v.

Norton

, Civ. No. 03-1540 (JR) (D.D.C.)). The court further found that we must adequately itemize priority listings, explain why certain species are of high priority, and explain why actions on these high priority species preclude listing species of lower priority. The court approved our reliance on national rather than regional priorities and workload in establishing preclusion and approved our basic explanation that listing candidate species may be precluded by statutorily mandated deadlines, court-ordered actions, higher priority listing activities, and a limited budget.

We have drafted this CNOR to address the concerns of these courts. 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 listing priority number 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 candidate species.

Pursuant to section 4(b)(3)(C)(ii) and the Administrative Procedure Act (5 U.S.C. 206), 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 one 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 are addressing the concerns of the courts by adding more specific information into our discussion on preclusion (see below). In preparing this CNOR, we reviewed the current status of and threats to the 262 candidates and 5 listed species for which we have received a petition and for which we have found listing or reclassification from threatened to endangered to be warranted-but-precluded. We find that the immediate issuance of a proposed rule and timely promulgation of a final rule for each of these species has been, for the preceding months, and continues to be, precluded by higher priority listing actions. Additional information that is the basis for this finding is found in the species assessments and our administrative record for each species. This is the first 12-month petition finding for those candidate species that were petitioned since the last CNOR (225 species), as well as for one new candidate species, the Miami blue butterfly, that was petitioned prior to this CNOR but for which we have not already published a separate warranted-but-precluded 12-month finding (we have previously published a separate substantial 90-day petition finding for this 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 (for the Columbian Basin DPS of the greater sage-grouse, see below). We have incorporated new information we gathered since the prior finding and, as a result of this review, we are making continued warranted-but-precluded 12-month findings on the petitions for these species.

We have identified the candidate species for which we received petitions by the code “C*” in the category column on the left side of Table 1. As discussed above, the immediate publication of proposed rules to list these species was precluded by our work on higher priority listing actions, listed below, during the period from April 19, 2004, through May 2, 2005.

We will continue to monitor the status of all candidate species, including petitioned species, as new information becomes available. This review will determine if a change in status is warranted, including the need to emergency-list a species under section 4(b)(7) of the Act.

In addition to identifying petitioned candidate species in Table 1 below, we also present brief summaries of why these particular candidates warrant listing. More complete information, including references, is found in the species assessment forms. You may obtain a copy of these forms from the Regional Office having the lead for the species, or from the Fish and Wildlife Service's Internet Web site:

http://endangered.fws.gov/

. As described above, under section 4 of the Act we may identify and propose species for listing based on the factors identified in section 4(a)(1), and section 4 also provides a mechanism for the public to petition us to add a species to the lists of species determined to be threatened species or endangered species pursuant to the Act. Below we describe the actions that continue to preclude the immediate proposal of a regulation and final promulgation of a regulation implementing the petitioned action, and we describe the expeditious progress we are making to add qualified species to the lists of endangered or threatened species.

Preclusion and Expeditious Progress

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

The resources available for listing actions are determined through the annual appropriations process, and we cannot spend more than is appropriated for the Listing Program without violating the Anti-Deficiency Act. The number of listing actions that we can undertake in a given year also is influenced by the complexity of those listing actions,

i.e.

, more complex actions generally are more costly. For example, for FY 2002 to FY 2004, the costs (excluding publication costs) for conducting a 12-month finding, without a proposed rule, ranged from approximately $9,600 for one species with a restricted range and involving a relatively uncomplicated analysis, to $305,000 for another species that was wide-ranging and involved a complex analysis.

In FY 1998 and for each fiscal year since then, Congress placed a statutory cap on funds which may be expended for listing and critical habitat actions (

i.e.

, 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 ESA functions, or for other Service programs, from being used for listing or critical habitat actions (see House Report 105-163, 105th Congress, 1st Session).

Beginning in FY 2002, Congress also put in place the critical habitat “subcap,” which put an upper limit on the Listing Program funds that could be spent on work related to critical habitat designations for already listed species. Recognizing that designation of critical habitat for species already listed would consume most of the overall Listing Program appropriation, Congress put the subcap in place to ensure that some funds would be available to make other listing determinations: “The critical habitat designation subcap will ensure that some funding is available to address other listing activities” (H.R. Rep. No. 103, 107th Cong., 1st Sess. 2001 at 30, 2001 WL 695998). Because the Service has had to use virtually the entire critical habitat subcap to address court-mandated designations of critical habitat, Congress in effect determined, through the listing cap and the critical habitat subcap, the amount available for other listing activities. It is this amount (

i.e.

, the funds in the listing cap other than those covered by the critical habitat subcap) that is used in the determination here of preclusion and expeditious progress.

Congress also has recognized that the availability of resources was the key element in deciding whether we would issue a listing proposal or make a “warranted but precluded” finding for a given species. The Conference Report accompanying Public Law 97-304, which established the current statutory deadlines and the warranted-but-precluded finding, states (in a discussion on 90-day petition findings that by its own terms also covers 12-month findings) that the deadlines were “not intended to allow the Secretary to delay commencing the rulemaking process for any reason other than that the existence of pending or imminent proposals to list species subject to a greater degree of threat would make allocation of resources to such a petition [

i.e.

for a lower-ranking species] unwise.” Therefore, in fiscal year 2004, the outer parameter within which “expeditious progress” must be measured is that amount of progress that could be achieved by spending $3.38 million, which was the amount available in the Listing Program appropriation not within the critical habitat subcap (

i.e.

, all funds within the critical habitat subcap were used to comply with court orders or court-approved settlement agreements, and thus were not available for other listing activities).

Our process is to make our determinations of preclusion on a nationwide basis to ensure that the species most in need of listing will be addressed first and also because we allocate our listing budget on a nationwide basis. However, through court orders and court-approved settlements, federal district courts have mandated that we must complete certain listing activities with respect to specified species and have established the schedules by which we must complete those activities. The species involved in these court-mandated listing activities are not always those that we have identified as being most in need of listing. A large majority of the appropriation available for new listings of species (of the $3.38 million) was consumed by such court-mandated listing activities in FY 2004, and by ordering or sanctioning these actions the courts essentially determined that these were the highest priority actions to be undertaken with available funding. Accordingly, in FY 2004, FWS had little discretion to determine what listing activities to undertake and what species to address. Copies of all of the court orders and settlement agreements referred to below are available from the Service and are part of the administrative record for these resubmitted petition findings.

On November 10, 2003, the President signed the 2004 Interior and Related Agencies Appropriations Act (Pub. L. 108-108), which, as a result of the subcap, in effect included $3,386,000 for listing activities not related to critical habitat designations for species that already are listed. This appropriation was fully allocated to fund the following categories of actions in the Listing Program: emergency listings; essential litigation-related, administrative and program management functions; compliance with court orders and court-approved settlement agreements requiring that petition findings or listing determinations be completed by a specific date; section 4 listing actions

with absolute statutory deadlines; and high-priority listing actions. Based on the available funds and their allocation for these purposes, no FY 2004 funds were available for listing actions for any of the candidate species included in Table 1 of this notice, except for some funds that were used for work on the Southwest Alaska population of the northern sea otter, boreal toad, and salt creek tiger beetle. Specific details regarding the individual actions taken using the FY 2004 funding, which precluded our ability to undertake listing proposals for any of the candidate species, except these three species noted above, are provided below.

We note here that the category of “high-priority listing actions” mentioned above refers to actions for which no timeline has been established by a court order or settlement agreement, and that also are not subject to an absolute statutory deadline. Our ability to work on such listing actions is quite limited. In recent years, our allocation of Listing Program funds has included a limited amount of funding ($100,000) to each Regional office to ensure that the office maintains minimal core capacity for listing actions (

e.g.

, evaluating the status of species to help ensure that emergency listing action can be taken if necessary, participating in work to meet the statutory requirement to annually review and make findings on resubmitted petitions). In a Region that faces a relatively limited workload in the Listing Program with regard to deadlines resulting from court orders or settlement agreements, and a relatively limited workload related to meeting statutory deadlines, some of this “capability” funding may be available to address high priority listing actions. However, in most Regions the limited amount of capability funding for Regional offices included in an allocation is used for work associated with supporting listing actions related to court orders or settlement agreements, and for meeting statutory deadlines (

i.e.

, there are no funds available for high priority listing actions).

The overall Listing Program situation in FY 2005 is similar to that in FY 2004. For FY 2005, Congress appropriated $4,043,000 to the listing program that cannot be spent on critical habitat for already listed species (Pub.L. 108-447, signed on December 8, 2004). We have recently prepared the allocation of this appropriation. The $4,043,000 is fully allocated to fund the following listing actions: any emergency listings; essential litigation-related, administrative, and program management functions; compliance with court orders or court-approved settlement agreements requiring petition findings or listing determinations; and high-priority listing actions. While being similar to FY 2004, the Listing Program situation for FY 2005 is different in that we estimate that we have approximately $1.7 million from the critical habitat subcap that is not needed, at this time, to fund critical habitat designations that are the subject of court order or court-approved settlement agreements. We are currently working on allocating this money to our Regions for work on statutorily-required petition findings and potential work on proposed listing determinations for some high-priority candidate species. During the current fiscal year, we will issue proposed listing rules for the highest priority candidate species only if doing so does not jeopardize our ability to comply with court orders, court-approved settlement agreements, or unqualified statutory deadlines. Consequently, as of the date of the publication of this CNOR, we anticipate that we will have only limited FY 2005 funds available to work on proposals to list any of the candidate species included in Table 1 (with the exception of the Salt Creek tiger beetle which is work that was done per a court-approved settlement agreement and the Gunnison sage-grouse, which is a high priority listing action, as explained below), and consequently we continue to find that proposals to list these species are warranted but precluded. We note also that all of the actions that demonstrate our expeditious progress on listing that we have completed to date or will complete in FY 2005 (see below) contribute to the preclusion of work on listing proposals for these candidate species.

In addition to being precluded by lack of available funds, work on proposed rules for candidates with lower priority (

i.e.

, those that have listing priority numbers of 4-12) is also precluded by the need to issue proposed rules for higher priority species facing high-magnitude, imminent threats (

i.e.

, listing priority numbers of 1-3). Table 1 shows the listing priority number for each candidate species. Finally, 12-month “warranted but precluded” petition findings for reclassification of threatened species to endangered are lower priority, since the listing of the species already affords the protection of the Act and implementing regulations.

As explained above, part of the basis for making a warranted-but-precluded finding is that expeditious progress is being made to add qualified species to the Lists. Our progress in FY 2004 includes work in the following categories: (1) Evaluation of the potential need for emergency listing of 1 species; (2) preparation and publication of final listing determinations involving 10 species; (3) preparation and publication of a proposed listing action for 1 species; (4) preparation of proposed or final listing actions (not yet completed so not yet published) for 6 species; (5) and petition findings for 55 species (11 completed findings; 40 resubmitted; 4 findings not yet completed). Specific information regarding each of these categories for FY 2004 is provided below.

(1) Emergency listings—We worked on a proposed rule to list the Miami blue butterfly. The Miami blue butterfly is restricted to one isolated population on Bahia Honda Key in Florida and is threatened by the combined influences of catastrophic environmental events, habitat destruction or modification, mosquito control activities, potential illegal collection, potential loss of genetic heterogeneity, and potential predation. Work on assessing the status of the species and preparing a listing rule originally was approved for funding and was initiated in FY 2004 because at the time, the Region considered that it was an emergency. We later decided not to exercise our discretion under section 4(b)(7) to emergency list the species (based in part on the existence of a captive-bred population). However, because a review of the species had been conducted and the emergency rule already was drafted, and because it was a high priority species, continued work on the proposed listing was approved. Recently, however, we decided that the limited funds that were available to work on a proposed rule for this species should instead be used to work on higher priority candidate species (

i.e.

, species with a LPN of 2). Therefore, rather than completing and issuing a proposed rule to list this species, we are including it in the CNOR as a new candidate.

(2) Final listing determinations—We prepared and published in the

Federal Register

final listing determinations for ten species, all of which had deadlines mandated by court orders or court-approved settlement agreements, in addition to the absolute statutory deadline imposed by section 4(b)(6). These included final regulations listing eight species and final decisions to withdraw the proposed listing rules for two species. The eight species we listed were: Rota bridled white-eye (69 FR 3022; January 22, 2004; LPN = 2), Santa Catalina Island fox, Santa Rosa Island fox, San Miguel Island fox, and Santa Cruz Island fox (69 FR 10335 for all four

fox subspecies; March 5, 2004; LPN = 3); two plant species (

Nesogenes rotensis

and

Osmoxylon mariannense

) from the Commonwealth of the Northern Mariana Islands (69 FR 18499; April 8, 2004; LPN = 1 and 2, respectively); and the California tiger salamander (69 FR 47211; August 4, 2004; LPN = 3). (We note that the work on the salamander included funding for the designation of critical habitat for the central California distinct population segment (DPS). The critical habitat subcap pertains to critical habitat designations for species already listed; we may use listing funds for critical habitat designation work conducted in conjunction with a listing action, as was the case with this DPS. This work was necessary to comply with the Act's deadline for designating critical habitat: concurrent with listing or within one year thereafter if concurrent designation is not determinable). The two species for which we withdrew proposed listing rules were: the slickspot peppergrass (69 FR 3094; January 22, 2004; previously LPN = 2); and

Tabernaemontana rotensis

(a plant species with LPN = 2); the decision to not list this species was included as part of the

Federal Register

publication of the final rules listing the two plant species from the Commonwealth of the Northern Mariana Islands, mentioned above (69 FR 18499).

(3) We prepared and published a proposed regulation to list the southwest Alaska distinct population segment of the northern sea otter, which has an LPN = 3 (69 FR 6600; February 11, 2004)). This DPS occurs in nearshore locations from Attu Island in the west to Kamishak Bay in the east, including waters along the Aleutian Islands, the Alaska Peninsula, and the Kodiak archipelago. Although its range has not been curtailed, this population has declined by 56-68 percent since the mid-1980's and the decline shows no evidence of abating (see proposed rule for additional information). This proposal was not the result of a deadline established by a court order or a court-approved settlement agreement. Rather, this was the highest priority listing action for the Alaska Region. (Initially we determined that the Aleutian Islands DPS of the northern sea otter was a candidate with LPN = 3 (66 FR 54807), and subsequently determined that the DPS encompasses southwest Alaska.) The Alaska Region generally has not faced the relatively heavy Listing Program workload experienced by several other Regions, and consequently was able to use their limited Regional office capability funding in FY 2004 to support the completion of this proposed listing regulation. We could not have utilized this capability funding to complete listing actions in other Regions without eliminating the ability of this Region to monitor the status of candidate species and address any emergency situations that might arise.

(4) We funded work on proposed or final listing actions for 6 species for which work was not completed in FY 2004. This included work on final listing actions for the Sacramento Mountains checkerspot butterfly, the Mariana fruit bat (LPN = 3), and the southwest Alaska DPS of the northern sea otter (LPN = 3). It also included work on proposed listing actions for the boreal toad (LPN = 3), Salt Creek tiger beetle (LPN = 3), and Miami blue butterfly. The work on all these species, except on the northern sea otter (see (3) above) and Miami blue butterfly (see (1) above), was in response to a court order or a court-approved settlement agreement, and all of the final listing determinations are subject to absolute statutory deadlines under section 4(b)(6).

(5) We funded work on 55 petition findings. This involved 90-day findings, initial 12-month findings, and findings on resubmitted petitions. As explained below, in some instances, the work has been based on meeting deadlines established by court order or by settlement agreements. In other instances, the work has been done in order to meet statutory deadlines. All 12-month findings are subject to an unqualified statutory deadline. With regard to 90-day findings, the decision in

Biodiversity Legal Foundation

v.

Badgley,

309 F. 3d 1166 (9th Cir. 2002), held that the Act requires that 90-day petition findings (

i.e.

, the initial finding as to whether a petition contains substantial information, which the Act directs us to make within 90 days of receipt of a petition, if practicable) must be made no later than 12 months after receipt of the petition, regardless of whether it is practicable to do so. Thus, all 90-day findings are arguably subject to an absolute statutory deadline. As a result of this ruling, which changed our interpretation of section 4(b)(3) of the Act, we have been working to issue petition findings on most of the outstanding petitions for those species that we have not previously determined to warrant candidate status.

Some petition findings are “complete” actions. This includes 12-month petition findings in which we determine that listing was not warranted and 90-day petition findings in which we determine that the petition did not present substantial information. In these cases, our listing work is complete.

In FY 2004, we funded work on and published 11 petition findings for the following species: wolverine (not-substantial 90-day finding) (68 FR 60112; October 21, 2003); eastern subspecies of the greater sage-grouse (not-substantial 90-day finding) (69 FR 933; January 7, 2004); Midvalley fairy shrimp (not-warranted 12-month finding) (69 FR 3592; January 26, 2004);

Cymopterus deserticola

(desert cymopterus—substantial 90-day finding) (69 FR 6240; February 10, 2004); fisher (West coast DPS) (warranted-but-precluded 12-month finding) (69 FR 18769; April 8, 2004); Florida black bear (partial remand of not-warranted 12-month finding) (69 FR 2100; January 14, 2004); greater sage-grouse (substantial 90-day finding) (69 FR 21484; April 21, 2004); Colorado river cutthroat trout (not-substantial 90-day finding) (69 FR 21151; April 20, 2004); New England cottontail (substantial 90-day finding) (69 FR 39395; June 30, 2004), black-tailed prairie dog (not-warranted 12-month resubmitted petition finding) (69 FR 51217; August 18, 2004); and, western gray squirrel (not substantial 90-day finding) (69 FR 58115). All 12-month findings have absolute statutory deadlines. Because of

Badgley,

all 90-day findings arguably also have absolute statutory deadlines. In addition, the work on all these species, with the following exceptions, was in response to court orders or court-approved settlement agreements. The New England cottontail was the highest priority listing action for the Northeast Region. The Northeast Region generally has not faced the relatively heavy Listing Program workload experienced by several other Regions, and consequently was able to use their limited Regional office capability funding in FY 2004 to support the completion of this petition finding. We could not have utilized this capability funding to complete listing actions in other Regions without eliminating the ability of this Region to monitor the status of candidate species and address any emergency situations that might arise. Work on the greater sage-grouse was a high priority action since we were already working on sage-grouse issues related to the court-ordered petition finding for the eastern sage-grouse. In our 90-day finding for the eastern sage-grouse, we committed to respond to the listing petitions for the greater sage-grouse within 90 days, and to make a 12-month finding within 12 months, if required. Having made this public commitment, and given the history of litigation involving various populations

of sage-grouse, we accorded the same priority to these petition findings as we would to a court-ordered petition finding. Work on the black-tailed prairie dog was a high priority listing action; we had previously funded much of the work on this species in 2000 when we made the initial 12-month warranted-but-precluded petition finding and in 2001-2003 when we made resubmitted petition findings that listing was still warranted but precluded. The Mountain-Prairie Region was able to use some of their capability funds from FY 2004 to make the not-warranted petition finding for the black-tailed prairie dog.

The allocated funds also supported work on petition findings that were not completed in FY 2004, which involved work on findings for the following 4 species: white-tailed prairie dog (90-day finding), greater sage-grouse (12-month finding),

Bromus arizonicus

(Arizona brome “ 90-day finding), and

Nassella cernua

(nodding needlegrass—90-day finding). Work on the white-tailed prairie dog was in response to a court order, while the work on the sage-grouse was a high priority listing action with a statutory deadline (see above). Work on the statutorily-required petition findings for Arizona brome and nodding needlegrass was done using a small amount of capability funds that was left at the end of the fiscal year; this was a high priority for the Pacific Region.

In addition, we completed resubmitted petition findings required by statute for 40 petitioned species that are candidates. We published these findings on May 4, 2004, as part of the previous Candidate Notice of Review (CNOR) (69 FR 24876). Since we had identified many of these species as candidates prior to receiving a petition to list them, we had already assessed their status using funds from our Candidate Conservation Program (a separate budget item within the Endangered Species Program).

Our anticipated progress in FY 2005 includes work in the following categories: (1) Preparation and publication of final listing actions for 9 species; (2) initial work toward preparation and publication of proposed listing actions for 4 species; (3) and work on petition findings for 17 species that are not candidate species, initial petition findings for 225 candidate species that were petitioned since the last CNOR, and resubmitted petition findings for 37 candidate species that were petitioned prior to the last CNOR. Specific information regarding each of these categories for FY 2005 is provided below. We note also that Regions will continue to monitor the status of candidates and prepare emergency listing packages as needed.

(1) We are funding work on the final listing determinations for the following species: Mariana fruit bat (final listing rule was published on January 6, 2005 (70 FR 1190)), southwest Alaska DPS of the northern sea otter, Gila chub, Salt Creek tiger beetle, Sacramento Mountains checkerspot butterfly (withdrawal of the proposed rule was published on December 21, 2004 (69 FR 76428)), and four Southwestern invertebrates (Koster's tryonia snail, Pecos assiminea snail, Roswell springsnail, and Noel's amphipod). All of these final listing determinations are responding to court orders or court-approved settlement agreements, with the exception of the work on the final listing determination for the southwest Alaska DPS of the northern sea otter (see above for explanation on why this work was funded). Now that the sea otter is proposed for listing, a final listing determination is subject to an absolute statutory deadline.

(2) We are funding proposed listing determinations for the boreal toad and the Salt Creek tiger beetle, and a remanded final listing determination for the cactus ferruginous pygmy owl, pursuant to court-approved settlement agreements and a court order. The proposed listing rule for the Salt Creek tiger beetle was published on February 1, 2005 (70 FR 5101). The work on a proposed listing determination for the boreal toad has not been completed and, thus, we are making a resubmitted petition finding for this species within this CNOR. Additionally, we are funding a proposed listing determination for the Gunnison sage-grouse, which is a high priority listing action (LPN = 2) and the subject of litigation.

(3) We also are funding work on petition findings for the following species: white-tailed prairie dog (not-substantial 90-day finding published on November 9, 2004 (69 FR 64889)), Queen Charlotte goshawk (remanded not-warranted 12-month finding), pygmy rabbit (rangewide 90-day and 12-month findings), greater sage-grouse (entire range) (12-month not-warranted finding published January 12, 2005 (70 FR 2273)), California spotted owl (90-day finding), Yellowstone cutthroat trout (12-month finding),

Cicurina cueva

(cave spider—90-day and 12-month findings) (substantial 90-day finding published on February 1, 2005 (70 FR 5123)), four species of Pacific lamprey (not-substantial 90-day findings published on December 27, 2004 (69 FR 77152 and 69 FR 77158)), three species of springsnail (substantial 90-day finding published on April 20, 2005 (70 FR 20512)) (

Cymopterus deserticola

(desert cymopterus—12-month finding),

Dalea tentaculoides

(Gentry's indigobush “ 90-day and 12-month findings) (substantial 90-day finding published on February 2, 2005 (70 FR 5401)),

Ptilagrostis porteri

(porter feathergrass) (not-substantial 90-day finding published on February 4, 2005 (70 FR 5959)). The work on all of the above species is pursuant to court orders or court-approved settlement agreements, except for work on the greater sage-grouse (see 5) above under FY 2004 work) and the California spotted owl, which is being done in relation to ligtigation. We also funded work on initial petitions findings for 225 candidate species (species petitioned after the last CNOR) and resubmitted petition findings for 37 petitioned candidate species (species petitioned prior to the last CNOR). As explained above, these initial and resubmitted petition findings are required by statute and findings for 261 of them are being published as part of this CNOR (the resubmitted petition finding for the Columbia Basin DPS of the greater sage-grouse will be completed later, as we have new information that needs to be evaluated). We are also funding work on the next annual review of those resubmitted petition findings which will be published as part of the next CNOR. Because the majority of these species were already candidate species prior to our receipt of a petition to list them, we had already assessed their status using funds from our Candidate Conservation Program. We also continue to monitor the status of these species through our Candidate Conservation Program. The cost of updating the species assessment forms and publishing the joint publication of the CNOR and resubmitted petition findings is shared between the Listing Program and the Candidate Conservation Program.

As with our “precluded” finding, “expeditious progress” is a function of the resources that are available and the competing demands for those funds. As discussed above, the funds in the Listing Program that would be otherwise available for adding other qualified species to the Lists in FY 2004 and FY 2005 have been spent or must be spent on complying with court orders and court-approved settlement agreements to make petition findings, court orders and court-approved settlement agreements to make final listing determinations for other species, meeting statutory deadlines for petition findings or listing determinations, a few

high-priority Service-initiated listing determinations, essential litigation support, and administrative and management tasks.

Because virtually all of the money to add qualified species to the list is consumed in complying with court orders or court-approved settlement agreements requiring petition findings or listing determinations, and essential litigation-related, administrative, and program management functions related to these findings and determinations, we have endeavored to make our listing actions as efficient and timely as possible, given the requirements of the relevant law and regulations, and constraints relating to workload and personnel. We are continually considering ways to streamline processes or achieve economies of scale, such as by batching related actions together. Given our limited budget for implementing section 4 of the Act, these actions described above collectively constitute expeditious progress.

Findings for Petitioned Candidate Species

Mammals

Pacific Sheath-tailed Bat (

Emballonura semicaudata semicaudata

)—The following summary is based on information contained in our files. No new information was provided in the petition received on May

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