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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

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

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

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Notice of review.

SUMMARY:

In this Candidate Notice of Review (CNOR), we, the U.S. Fish and Wildlife Service (Service), present an updated list of plant and animal species native to the United States that we regard as candidates for or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended. Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, allowing landowners and resource managers to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if we subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting candidate conservation measures to alleviate threats to the species.

The CNOR summarizes the status and threats that we evaluated in order to determine that species qualify as candidates and to assign a listing priority number (LPN) to each species, or to remove species from candidate status. Additional material that we relied on is available in the Species Assessment and Listing Priority Assignment Forms (species assessment forms, previously called candidate forms) for each candidate species.

Overall, this CNOR recognizes five new candidates, changes the LPN for eight candidates, and removes four species from candidate status. Combined with other decisions for individual species that were published separately from this CNOR in the past year, the current number of species that are candidates for listing is 249.

This document also includes our findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants during the period October 1, 2008, through September 30, 2009.

We request additional status information that may be available for the 249 candidate species identified in this CNOR.

DATES:

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

ADDRESSES:

This notice is available on the Internet at

http://www.regulations.gov

, and

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

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

SUPPLEMENTARY INFORMATION

or at the Branch of Candidate Conservation, Arlington, VA (see address below), or on our Internet website (

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

). Please submit any new information, materials, comments, or questions of a general nature on this notice to the Arlington, VA, address listed below. Please submit any new information, materials, comments, or questions pertaining to a particular species to the address of the Endangered Species Coordinator in the appropriate Regional Office listed in

SUPPLEMENTARY INFORMATION

.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

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

You may submit your information concerning this notice in general or for any of the species included in this notice by one of the methods listed in the

ADDRESSES

section.

Species-specific information and materials we receive will be available for public inspection by appointment, during normal business hours, at the appropriate Regional Office listed below in under

Request for Information

in

SUPPLEMENTARY INFORMATION

. General information we receive will be available at the Branch of Candidate Conservation, Arlington, VA (see address above).

Candidate Notice of Review

Background

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

et seq.

) (Act), requires that we identify species of wildlife and plants that are endangered or threatened, based on the best available scientific and commercial information. As defined in section 3 of the Act, an endangered species is any species which is in danger of extinction throughout all or a significant portion of its range, and a threatened species is any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. Through the Federal rulemaking process, we add species that meet these definitions to the List of Endangered and Threatened Wildlife at 50 CFR 17.11 or the List of Endangered and Threatened Plants at 50 CFR 17.12. As part of this program, we maintain a list of species that we regard as candidates for listing. A candidate species is one for which we have on file sufficient information on biological vulnerability and threats to support a proposal to list as endangered or threatened, but for which preparation and publication of a proposal is precluded by higher priority listing actions. A species may be indentified by us as a candidate for listing based on an evaluation of its status that we conducted on our own initiative, or as a result of making a finding on a petition to list a species that listing is warranted but precluded by other higher priority listing action (see the Petition Findings section, below).

We maintain this list of candidates for a variety of reasons: to notify the public that these species are facing threats to their survival; to provide advance knowledge of potential listings that could affect decisions of environmental planners and developers; to provide information that may stimulate and guide conservation efforts that will remove or reduce threats to these species and possibly make listing unnecessary; to request input from interested parties to help us identify those candidate species that may not require protection under the Act or additional species that may require the Act's protections; and to request

necessary information for setting priorities for preparing listing proposals. We strongly encourage collaborative conservation efforts for candidate species and offer technical and financial assistance to facilitate such efforts. For additional information regarding such assistance, please contact the appropriate Regional Office listed in

SUPPLEMENTARY INFORMATION

or visit our Internet website,

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

.

Previous Notices of Review

We have been publishing candidate notices of review (CNOR) since 1975. The most recent CNOR (prior to this CNOR) was published on December 10, 2008 (73 FR 75176). CNORs published since 1994 are available on our Internet website,

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

. For copies of CNORs published prior to 1994, please contact the Branch of Candidate Conservation (see

ADDRESSES

section above).

On September 21, 1983, we published guidance for assigning an LPN for each candidate species (48 FR 43098). Using this guidance, we assign each candidate an LPN of 1 to 12, depending on the magnitude of threats, immediacy of threats, and taxonomic status; the lower the LPN, the higher the listing priority (that is, a species with an LPN of 1 would have the highest listing priority). Guidelines for such a priority-ranking guidance system is required under section 4(h)(3) of the Act (15 U.S.C. 1533(h)(3)). As explained below, in using this system we first categorize based on the magnitude of the threat(s), then by the immediacy of the threat(s), and finally by taxonomic status.

Under this priority-ranking system, magnitude of threat can be either “high” or “moderate to low.” This criterion helps ensure that the species facing the greatest threats to their continued existence receive the highest listing priority. It is important to recognize that all candidate species face threats to their continued existence, so the magnitude of threats is in relative terms. When evaluating the magnitude of the threat(s) facing the species, we consider information such as: the number of populations and/or extent of range of the species affected by the threat(s); the biological significance of the affected population(s), taking into consideration the life-history characteristics of the species and its current abundance and distribution; whether the threats affect the species in only a portion of its range, and if so the likelihood of persistence of the species in the unaffected portions; and whether the effects are likely to be permanent.

As used in our priority-ranking system, immediacy of threat is categorized as either “imminent” or “nonimminent” and is not a measure of how quickly the species is likely to become extinct if the threats are not addressed; rather, immediacy is based on when the threats will begin. If a threat is currently occurring or likely to occur in the very near future, we classify the threat as imminent. Determining the immediacy of threats helps ensure that species facing actual, identifiable threats are given priority for listing proposals over those for which threats are only potential or species that are intrinsically vulnerable to certain types of threats but are not known to be presently facing such threats.

Our priority ranking system has three categories for taxonomic status: species that are the sole members of a genus; full species (in genera that have more than one species); and subspecies and distinct population segments of vertebrate species. We also apply this last category to species that are threatened or endangered in only significant portions of their ranges rather than their entire ranges.

The result of the ranking system is that we assign each candidate a listing priority number of 1 to 12. For example, if the threat(s) is of high magnitude, with immediacy classified as imminent, the listable entity is assigned an LPN of 1, 2, or 3 based on its taxonomic status (i.e., a species that is the only member of its genus would be assigned to the LPN 1 category, a full species to LPN 2, and a subspecies, DPS, or a species that is threatened or endangered in only a significant portion of its range would be assigned to LPN 3). In summary, the LPN ranking system provides a basis for making decisions about the relative priority for preparing a proposed rule to list a given species. No matter which LPN we assign to a species, each species included in this notice as a candidate is one for which we have sufficient information to prepare a proposed rule to list it because it is in danger of extinction or likely to become endangered within the foreseeable future throughout all or a significant portion of its range.

For more information on the process and standards used in assigning LPNs, a copy of the guidance is available on our website at:

http://www.fws.gov/endangered/policy/index.html

. For more information on the LPN assigned to a particular species, the species assessment for each candidate contains the LPN chart and a rationale for the determination of the magnitude and imminence of threat(s) and assignment of the LPN; that information is summarized in this CNOR.

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

Summary of This CNOR

Since publication of the CNOR on December 10, 2008 (73 FR 75176), we reviewed the available information on candidate species to ensure that a proposed listing is justified for each species, and reevaluated the relative LPN assigned to each species. We also evaluated the need to emergency-list any of these species, particularly species with high priorities (i.e., species with LPNs of 1, 2, or 3). This review and reevaluation ensures that we focus conservation efforts on those species at greatest risk first.

In addition to reviewing candidate species since publication of the last CNOR, we have worked on numerous findings in response to petitions to list species, and on proposed and final determinations for rules to list species under the Act. Some of these findings and determinations have been completed and published in the

Federal Register

, while work on others is still under way (see

Preclusion and Expeditious Progress

, below, for details).

Based on our review of the best available scientific and commercial information, with this CNOR we identify five new candidate species (see

New Candidates

, below), change the LPN for eight candidates (see

Listing Priority Changes in Candidates

, below) and determine that listing proposals are not warranted for four species and thus remove them from candidate status (see

Candidate Removals

, below). Combined with the other decisions published separately from this CNOR for individual species that previously were candidates, a total of 249 species (including 110 plant and 139 animal species) are now candidates awaiting preparation of rules proposing their listing. These 249 species, along with the 56 species currently proposed for listing (includes 1 species proposed for listing due to similarity in appearance), are included in Table 1.

Table 2 lists the changes from the previous CNOR, and includes five species identified in the previous CNOR as either proposed for listing or classified as candidates that are no longer in those categories. This includes one species for which we published a final rule to list, plus the four species that we have determined do not warrant preparation of a rule to propose listing and therefore have been removed from candidate status in this CNOR.

New Candidates

Below we present a brief summary of one new mammal, one new fish, one new mussel, and two new plant candidates, which we are recognizing in this CNOR. Complete information, including references, can be found in the species assessment forms. You may obtain a copy of these forms from the Regional Office having the lead for the species, or from our Internet website (

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

). For these species, we find that we have on file sufficient information on biological vulnerability and threats to support a proposal to list as endangered or threatened, but that preparation and publication of a proposal is precluded by higher priority listing actions (i.e., it met our definition of a candidate species). We also note below that three other species, yellow-billed loon, roundtail chub (Lower Colorado River Basin population), and

Astragalus anserinus

(Goose Creek milkvetch) were identified as candidates earlier this year as a result of a separate petition findings published in the

Federal Register

.

Mammals

Florida bonneted bat (

Eumops floridanus

) - The following summary is based on information in our files. Endemic to south Florida, this species is known to occur at 12 locations, 5 on private land and 7 on public land. The entire population may number less than a few hundred individuals. Recent results from a rangewide acoustical survey found a small number of locations where calls were recorded, and low numbers of calls were recorded at each location. Few active roost sites are known; all are artificial (i.e., bat houses).

Occurrences are threatened by loss and conversion of habitat to other uses and habitat alteration (e.g., removal of old trees with cavities, removal of manmade structures with suitable roosting sites); this threat is expected to continue and increase. Although occurrences on conservation lands are inherently more protected than those on private lands, habitat alteration during management practices may affect natural roosting sites even on conservation lands because the locations of any such sites are unknown. Therefore, occupied and potential habitat on forested or wooded lands, both private and public, continues to be at risk. The species is vulnerable to a wide array of natural and human factors: low population size, restricted range, low fecundity, distance between occupied locations, and small number of occupied locations. Such factors may make recolonization unlikely if any site is extirpated and make the species vulnerable to extinction due to genetic drift, inbreeding depression, extreme weather events, and random or chance changes to the environment. Where the species occurs in or near human dwellings or structures, it is at risk to persecution, removal, and disturbance. Disturbance from humans, either intentional or inadvertent, can occur at any of the occurrences of this bat on either private or conservation lands. Disturbance of maternity roosts is of particular concern due to this species' low fecundity and small population. Pesticide applications may be affecting its foraging base, especially in coastal areas.

Due to its overall vulnerability, intense hurricanes are a significant threat; this threat is expected to continue or increase in the future. Intense storms can cause mortality during the storm, exposure to predation immediately following the storm, loss of roost sites, impacts on foraging areas and insect abundance, and disruption of the maternal period. Although disease is a significant threat for other bat species, it is not known to be a threat for the Florida bonneted bat at this time. The protection currently afforded the Florida bonneted bat is limited, provides little protection to the species' occupied habitat, and includes no provisions to protect suitable but unoccupied habitat within the vicinity of known colony sites. Overall, we find the magnitude of threats is high due to the severity of the threats on this species. We find that most of the threats are currently occurring and, consequently, overall, threats are imminent. Therefore, we assigned an LPN of 2 to this species.

Birds

Yellow-billed loon (

Gavia adamsii

) - We previously announced candidate status for this species in a separate warranted-but-precluded 12-month petition finding published on March 25, 2009 (74 FR 12931). Also, see summary below under “

Petition Findings

.”

Fishes

Roundtail chub (Lower Colorado River Basin DPS) (

Gila robusta

) - We previously announced candidate status for this species in a separate warranted- but-precluded 12-month petition finding published on July 7, 2009 (74 FR 32351).

Diamond darter (

Crystallaria cincotta

) - The following summary is based on information contained in our files. The diamond darter is a member of the Perch family (Percidae) that is generally translucent with silvery white on the ventral side of the body and head and has four wide olive-brown saddles on the back and upper side. The fish generally grows to between 73 to 77.3 millimeters (2.9 - 3.0 inches) in standard length. The species is a benthic invertivore (feeds on invertebrates) that inhabits moderate to large warm-water streams with moderate current and clean sand and gravel substrates.

Historical records indicate that the diamond darter was distributed throughout the Ohio River Basin and that the range included the Muskingum River, Ohio; the Ohio River, Ohio; the Green River, Kentucky; and the Cumberland River Drainage, Kentucky and Tennessee. The species is currently only known to exist within a 36-kilometer (km) (22.4-mile (mi)) section of the lower Elk River in Kanawha and Clay Counties, West Virginia, and is considered extirpated from the remainder of the Ohio River Basin. Survey results and independent publications indicate that the diamond darter is very rare and that the remaining population within the Elk River is likely very small. Despite repeated and targeted survey efforts within the species' known range and preferred habitat in the Elk River, only 18 individuals have been collected in the last 29 years.

The primary threats to the diamond darter are related to the present or threatened destruction, modification, or curtailment of its habitat or range. The Elk River Watershed is threatened with ongoing water-quality degradation and habitat loss from activities such as coal mining, oil and gas development, siltation from these and other sources, and inadequate sewage and wastewater treatment. The impoundment of rivers in the Ohio River Basin, such as the Kanawha, Ohio, and Cumberland, has eliminated much of the species' habitat and isolated the existing population from other watersheds that the species historically occupied. Invasive species have the potential to affect the Elk River and diamond darter habitat. The small size and restricted range of the remaining diamond darter population make it particularly susceptible to the effects of genetic inbreeding, as well as potential extirpation from spills and other catastrophic events. The species is vulnerable to overutilization for scientific purposes; however, the significance of this threat has been reduced and can be further minimized through the administration of existing scientific collecting permit procedures. Existing Federal and State regulatory mechanisms do not currently provide protections for the species or its habitat.

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

Clams

Rabbitsfoot (

Quadrula cylindrica cylindrical

) - The following summary is based on information in our files. The rabbitsfoot is a freshwater mussel native to Alabama, Arkansas, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Ohio, Oklahoma, Pennsylvania, Tennessee, and West Virginia. The species has disappeared from 5 of 6 rivers in the Lower Great Lakes sub-basin, 47 of 64 rivers in the Ohio River system, 10 of 12 rivers in the Cumberland River basin, 14 of 19 rivers in the Tennessee River system, 2 of 5 rivers in the Lower Mississippi River sub-basin, 3 of 12 rivers in the White River system, 4 of 8 rivers in the Arkansas River system, and 4 of 11 rivers in the Red River system, representing approximately a 65-percent decline of its range. Total range reduction (river miles) and overall population loss for the rabbitsfoot may approach, if not exceed, 90 percent. Of the 49 extant populations, 10 populations are considered to be viable in the longterm.

Population declines continue in most of the species' range, and numerous threats, including water-quality degradation, loss of stable substrates, sedimentation, channelization, gravel mining, dredging, and impoundments, are affecting the few remaining sustainable extant populations. The small size of most of the remaining rabbitsfoot populations exacerbates the threats and adverse effects of chance events to rabbitsfoot.

Threats to the continued existence of rabbitsfoot include exotic species, especially zebra mussels; delivery and deposition of fine sediments; small population sizes; isolation of populations; livestock grazing; wastewater effluents; mine runoff; unstable and coldwater flows downstream of dams; gravel mining; and channel dredging. In addition, the rabbitsfoot, like many other fresh-water mussels, requires a fish host to transport it larvae, and the fish host of rabbitsfoot is unknown for the eastern portion of its range; thus, artificial propagation of the rabbitsfoot to reestablish the species in restored habitats and to maintain non-reproducing populations is not possible, nor is focused conservation of its fish host. Although there are ongoing attempts to alleviate some of these threats at some locations, there appear to be no populations without significant threats and many threats are without obvious or readily available solutions. The threats described above have led to the species being intrinsically vulnerable to extirpation.

Due to the number of extant populations and relatively broad distribution, the threats to rabbitsfoot are of moderate magnitude. Although some of the threats are nonimminent, most are ongoing and, therefore, overall, the threats are imminent. Thus, we assigned an LPN of 9 to this subspecies.

Flowering Plants

Astragalus anserinus

(Goose Creek milkvetch) - We previously announced candidate status for this species in a separate warranted-but-precluded 12-month petition finding published on September 10, 2009 (74 FR 46521).

Leavenworthia exigua

var.

laciniata

(Kentucky gladecress) - The following summary is based on information in our files. Kentucky gladecress is a winter annual that is adapted to environments with shallow soils interspersed with flat-bedded limestones. The natural habitat for Kentucky gladecress is cedar glades, but the variety is also known from overgrazed pastures, eroded shallow-soil areas with exposed bedrock, and areas where the soil has been scraped off the underlying bedrock. The variety does not appear to compete well with other vegetation and is shade intolerant. Currently, there are approximately 55 occurrences in Jefferson and Bullitt Counties, Kentucky, but at least 39 of these occurrences are of poor quality with low numbers of plants and degraded conditions.

Populations of this variety are now located primarily in modified habitats such as pastureland, roadside rights of way, and cultivated or plowed fields. These populations are threatened by further habitat destruction (conversion from rural to residential land use), herbicide use, overgrazing, and competition. Some populations continue to occupy natural glade habitats, but these habitats are remnant in nature and continue to be affected by agricultural and residential conversion. The variety's primary threat, habitat destruction due to residential and commercial development, is widespread and has the potential to affect the entire range of the variety. The effects of the threat are also permanent. Therefore, these threats are high in magnitude. These threats are imminent because the conversion from rural to residential land use is ongoing. Consequently, we assigned an LPN of 3 to this plant variety.

Ferns and Allies

Trichomanes punctatum

ssp.

floridanum

(Florida bristle fern) - The following summary is based on information in our files. The Florida bristle fern has been reduced to four, or possibly five, small, isolated occurrences: Three occur in Miami-Dade County and two in Sumter County. In Miami-Dade County, it has been found exclusively in solution holes in oolitic limestone and rocky outcrops in rockland hammocks. In Sumter County, plants occur in a mesic/hydric hammock on shaded limestone boulders.

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

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

Listing Priority Changes in Candidates

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

Birds

Elfin-woods warbler (

Dendroica angelae

) - The elfin-woods warbler is a small entirely black and white warbler, distinguished by its white eyebrow stripe, white patches on ear covers and neck, incomplete eye ring, and black crown. The elfin-woods warbler was at first thought to occur only in the high-elevation dwarf or elfin forests of Puerto Rico, but has since been found at lower elevations including shade coffee plantations and secondary forests. This species builds a compact cup nest, usually close to the trunk and well hidden among the epiphytes of a small tree, and its breeding season extends from March to June. It forages in the middle part of trees, gleaning insects from leaves in the outer portion of the tree crown. The elfin-woods warbler has been documented from four locations in Puerto Rico: Luquillo Mountains, Sierra de Cayey, and the Commonwealth forests of Maricao and Toro Negro. However, it has not been recorded again in Toro Negro and Cayey since the passing of Hurricane Hugo in 1989. In 2003 and 2004, surveys were conducted for the elfin-woods warbler in the Carite Commonwealth Forest, Toro Negro Forest, Guilarte Forest, Bosque del Pueblo, Maricao Forest and the El Yunque National Forest (Luquillo Mountains), but the species was detected only in the latter two. In the Maricao Commonwealth Forest, 778 elfin-woods warblers were recorded, and in the El Yunque National Forest, 196 were recorded.

The elfin-woods warbler is threatened by habitat modification. Destruction of elfin forest and

Podocarpus

forest by the installation of infrastructure (telecommunication towers and recreational facilities) threatens the long-term survival of this species. Loss of this type of habitat has been curtailed but potential for loss still exists due to Commonwealth agencies other than Department of Natural and Environmental Resources potentially installing these structures. Furthermore, restoration of this habitat would take a few decades to complete. Present regulatory processes, both Commonwealth and Federal, promote the protection of these areas. Conversion of elfin-woods warbler habitat of better quality (e.g., mature secondary forests, young secondary forests, and shade-coffee plantations) along the periphery of the Maricao Commonwealth Forest to marginal habitat (e.g., pastures, dry slope forests, residential rural forests, gallery forests, and sun-coffee plantations) may result in ineffective corridors for dispersal and expansion of the elfin-woods warbler. Although there is an effort to restore sun-coffee plantations to shade-coffee habitat, other habitats adjacent to the Maricao Forest may still be affected by residential development. We previously assessed the LPN as a 5 (high magnitude, nonimminent threats). Our analysis of the five listing factors revealed that only factors A and D applied to the species. Although habitat modification is occurring, it is limited, as the species is found mostly on protected lands managed by the Commonwealth and Federal agencies. We found no indication that the two populations of elfin-woods warbler are declining in numbers. We also found that the species can thrive in disturbed and plantation habitats, and rebounds and recovers well, in a relatively short time, from the damaging effects of hurricanes to the forest structure. Therefore, we have determined that the magnitude of threats is moderate to low because the severity of the threats on the species is not as great as we previously believed and most of the range of the elfin-woods warbler is within protected lands. The threats are not currently occurring in most of the warbler's habitat; therefore, the threats are nonimminent. As a result, we have changed the LPN from a 5 to an 11 for this species.

Fish

Pearl darter (

Percina aurora

) - Little is known about the specific habitat requirements or natural history of the Pearl darter. Pearl darters have been collected from rivers and streams with a variety of attributes, but are mainly found over gravel-bottom substrate. This species is historically known only from localized sites within the Pascagoula and Pearl River drainages in two States. Currently, the Pearl darter is considered extirpated from the Pearl River drainage and rare in the Pascagoula River drainage. Since 1983, the range of the Pearl darter has decreased by 55 percent.

The Pearl darter is vulnerable to non-point source pollution caused by urbanization and other land use activities; gravel mining and resultant changes in river geomorphology, especially head cutting; and the possibility of water reductions casused by the proposed Department of Energy Strategic Petroleum Reserve project and a proposed dam on the Bouie River. Additional threats are posed by the apparent lack of adequate State and Federal water-quality regulations due to the continuing degradation of water quality within the species' habitat. The pearl darter's localized distribution and apparent low population numbers may indicate a species with lower genetic diversity and would also make this species more vulnerable to catastrophic events. Reevaluation of the threats affecting the pearl darter has indicated that a change in the Listing Priority Number is warranted. Threats affecting the pearl darter are localized in nature, affecting portions of the population within the drainage. Thus, a threat magnitude of moderate to low is a more appropriate category in this situation. In addition, since the identified threats are currently affecting this species in these portions of its range, the threats are imminent. Therefore, we have changed the LPN from a 5 to an 8 to reflect this reevaluation.

Clams

Neosho mucket (

Lampsilis rafinesqueana

) - The Neosho mucket is a freshwater mussel native to Arkansas, Kansas, Missouri, and Oklahoma. The species has been extirpated from approximately 62 percent (835 river miles) of its range, primarily in Kansas and Oklahoma. The Neosho mucket survives in four river drainages, however, only one of these, the Spring River, currently supports a relatively large population.

Significant portions of the historical range have been inundated by the

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

Insects

Miami blue butterfly (

Cyclargus thomasi bethunebakeri

) - The Miami blue is endemic to south Florida. Historically, it occurred throughout the Florida Keys, north to Hillsborough and Volusia Counties. It is presently located at two sites in the Keys. In 1999, a metapopulation was discovered at Bahia Honda State Park (BHSP) on Bahia Honda Key and in 2006 a second metapopulation was discovered on the outer islands of Key West National Wildlife Refuge (KWNWR). The BHSP metapopulation appears restricted to a couple hundred individuals at most; the KWNWR metapopulation was believed to be several hundred in 2006-2007, but appears to be lower in abundance now. Capacity to expand at either site or successfully emigrate from either site appears to be very low due to the sedentary nature of the butterfly and isolation of habitats. Reintroduction efforts have not been successful. The Miami blue is predominantly a coastal species, occurring in disturbed and early successional habitats such as the edges of tropical hardwood hammock, coastal berm forest, and along trails and other open sunny areas, and historically in pine rocklands. These habitats provide host plants for larvae and nectar sources for adults in close proximity, as the species requires.

Major threats to the butterfly include few occurrences, limited population size and range, hurricanes, mosquito control activities, and herbivory of hostplants by iguanas. Damage to hostplants from iguanas at BHSP is a new, ongoing, significant threat; although active steps are being taken by the State, this metapopulation is now at risk. Climatic changes and sea-level rise are long-term threats that will reduce the extent of habitat. Accidental harm or habitat destruction and illegal collection may also pose threats to the survival due to small population sizes. Loss of genetic diversity within the small and isolated populations may be occurring. The survival of the Miami blue depends on protecting the species' currently occupied habitat from further degradation and fragmentation; restoring potentially suitable habitat within its historical range; avoiding or removing threats from fire suppression, mosquito control, and accidental harm from humans; increasing the current population in size; and establishing populations at other locations. The threats are high in magnitude and constitute a significant risk to the subspecies. Given that the new threat from iguanas and other threats (hurricanes, few occurrences, and small population size) are ongoing, the threats are imminent. Therefore, we changed the LPN from a 6 to a 3.

Flowering plants

Helianthus verticillatus

(whorled sunflower) - The whorled sunflower is found in moist, prairie-like openings in woodlands and along adjacent creeks. Despite extensive surveys throughout its range, only five populations are known for this species. There are two populations documented for Cherokee County, Alabama; one population in Floyd County, Georgia; and one population each in Madison and McNairy Counties, Tennessee. This species appears to have restricted ecological requirements and is dependent upon the maintenance of prairie-like openings for its survival. Active management of habitat is needed to keep competition and shading under control. Much of its habitat has been degraded or destroyed for agricultural, silvicultural, and residential purposes. Populations near roadsides or powerlines are threatened by herbicide usage in association with right-of-way maintenance. The majority of the Georgia population is protected due to its location within a conservation easement area; however, only 15 to 20 plants are estimated to occur at this site. The remaining four sites are not formally protected, but efforts have been taken to abate threats associated with highway right-of-way maintenance at one Alabama population; and, despite past concerns about threats from timber removal degrading

H. verticillatus

habitat, the other Alabama population has responded favorably to canopy removal that took place circa 2001. Because of this, the threats are of moderate magnitude. The threats are currently occurring, and therefore imminent. To help ensure consistency in the application of our listing priority process, we changed the LPN from a 5 to an 8 for this species.

Lesquerella globosa

(Short's bladderpod) - Short's bladderpod is a perennial member of the mustard family that occurs in Indiana (1 location), Kentucky (6 locations), and Tennessee (22 locations). It grows on steep, rocky, wooded slopes; talus areas, along cliff tops and bases; and on cliff ledges. It is usually associated with south-to-west-facing calcareous outcrops adjacent to rivers or streams. Road construction and road maintenance have played a significant role in the decline of

L. globosa

. Specific activities that have affected the species in the past and continue to threaten it include bank stabilization, herbicide use, mowing during the growing season, grading of road shoulders, and road widening or repaving. Sediment deposition during road maintenance or from other activities also potentially threatens the species. Because the natural processes that maintained habitat suitability and competition from invasive nonnative vegetation have been interrupted at many locations, active habitat management is necessary at those sites. The threats from roadside maintenance and habitat alterations by invasive plant encroachment are moderate in magnitude, as they are not affecting all locations of this species. However, the threats are currently occurring, and therefore imminent. To help ensure consistency in the application of our listing priority process, we changed the LPN from a 5 to an 8 for this species.

Physaria douglasii

ssp.

tuplashensis

(White Bluffs bladderpod) - In previous Candidate Notices of Review, we referred to

P. douglasii

ssp.

tuplashensis

as

P. tuplashensis

. We have now dropped that name because the paper that recommended its use was never published. As a result, we are following

the treatment of a 2002 published scientific paper that recognized the White Bluffs bladderpod as

Physaria douglassii

ssp.

tuplashensis.

White Bluffs bladderpod is a low-growing, herbaceous, short-lived perennial plant in the Brassicaceae (mustard) family. Historically and currently, White Bluffs bladderpod (

P. douglasii

ssp.

tuplashensis

) has been known from only a single population that occurs along the White Bluffs of the Columbia River in Franklin County, Washington. The entire range of the species is a narrow band, approximately 33 feet (10 meters) wide by 10.6 miles (17 km) long, at the upper edge of the bluffs. The species occurs only on cemented, highly alkaline, calcium carbonate paleosol (a “caliche” soil) and is believed to be a “calciphile.”

Approximately 35 percent of the known range of the species has been moderately to severely affected by landslides, an apparently permanent destruction of the habitat. The entire population of the species is down slope of irrigated agricultural land, the source of the water seepage causing the mass failures and landslides. However, the southern portion is the closest to the agricultural land and the most affected by landslides. Other significant threats include use of the habitat by recreational off-road vehicles which destroy plants, and the presence of invasive nonnative plants that compete with

P. douglassii

ssp.

tuplashensis

for resources (light, water, nutrients). Additionally, the increasing presence of invasive nonnative plants may alter fire regimes and potentially increase the threat of fire to the

P. douglasii

ssp.

tuplashensis

population. As a result of a fire in 2007, there is a higher probability that invasion of these nonnatives will occur. We reanalyzed the magnitude and imminence of the threats, which resulted in a change in the LPN for

P. douglasii

ssp.

tuplashensis

. The threats to the population from landslides and the recreational off-road vehicle use are currently occurring and will continue to occur in the future. In addition, invasion by nonnative plants is currently occurring, and with the 2007 fire that occurred in the area of the existing population, invasive plants will likely spread and increase throughout the burned area of the population. We have therefore determined that these threats are imminent. Although approximately 35 percent of the population is severely affected by landslides in the southern portion of the range, the likelihood of the persistence of the population in the unaffected northern portion appears to be relatively high. Currently, we know of no plans to expand or significantly modify the existing agriculture activities in areas adjacent to the population. In addition, deliberate modification of the species' immediate habitat is unlikely due to its location and 85 percent having Federal ownership. Even though off-road vehicle use is prohibited on the monument, intermittent, ongoing use does occur. However, these activities, although they are ongoing, are mainly confined to the upper portion of the White Bluffs where few

P. tuplashensis

plants occur, so there is low to moderate threat to the species from these activities. Invasive plants are present in the vicinity, but have not yet been described as a significant problem. While

P. douglasii

ssp.

tuplashensis

is inherently vulnerable because it is a narrow endemic, the magnitude of the threats to the population is moderate. The threats are currently occurring, and therefore imminent. To help ensure consistency in the application of our listing priority process and to recognize the correct taxonomic name, we changed the LPN from a 5 to a 9 for this subspecies.

Platanthera integrilabia

(White fringeless orchid) -

Platanthera integrilabia

is a perennial herb that grows in partially but not fully shaded, wet, boggy areas at the heads of streams and on seepage slopes in Alabama, Georgia, Kentucky, and Tennessee. Historically, there were at least 90 populations of

P. integrilabia

. Currently there are approximately 50 extant sites supporting the species.

Several populations have been extirpated due to road, residential, and commercial construction and projects that altered soil and site hydrology such that suitability for the species was reduced. Several of the known populations are in or adjacent to powerline rights of way. Mechanical clearing of these areas may benefit the species by maintaining adequate light levels; however, the indiscriminant use of herbicides in these areas could pose a significant threat to the species. All-terrain vehicles have damaged several sites and pose a threat at most sites. Most of the known sites for the species occur in areas that are managed specifically for timber production. Timber management is not necessarily incompatible with the protection and management of the species, but care must be taken during timber management to ensure that the hydrology of the bogs that support the species is not altered. Natural succession can result in decreased light levels. Because of the species' dependence upon moderate to high light levels, some type of active management to prevent complete canopy closure is required at most locations. Collecting for commercial and other purposes is a potential threat. Herbivory (primarily by deer) threatens the species at several sites. Due to the alteration of habitat and changes in natural conditions, protection and recovery of this species is dependent upon active management rather than just preservation of habitat. Invasive, nonnative plants such as Japanese honeysuckle and kudzu threaten several sites. Upon review of current listing guidance and threats affecting the species, we have revised the LPN to reflect the fact that threats are currently operating at most sites and are therefore imminent. While the threats are widespread, however, the impact of those threats on the species survival is moderate in magnitude. Several of the sites are protected to some degree from the threats by being within State parks, national forests, wildlife management areas, or other protected land. As a result, we changed the LPN from a 5 to an 8 for this species.

Candidate Removals

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

Snails

Fat-whorled pondsnail (

Stagnicola bonnevillenis

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

S. bonnevillensis

-like

shells in springs throughout the playa. New information shows that shell characteristics vary greatly with environmental conditions. Because the fat-whorled pondsnail was classified based only on the shell appearance, the taxonomy is questionable. Because of uncertainties surrounding the validity of

S. bonnevillensis

as a species, we evaluated all

Stagnicola

sp. inhabiting the spring pools previously thought to be occupied by

S. bonnevillensis

. The primary threat to these pools has been chemical contamination of the groundwater. Significant actions have been taken to remediate this threat, including implementing corrective actions to track and remediate groundwater contamination, implementation of a site management plan, and development of a groundwater model and risk assessment. The plan has been implemented, and conservation measures are currently being monitored for effectiveness. These efforts have been under way for a sufficient period to effectively eliminate the threat from contamination. We know of no other threats to the springs in the range of

S. bonnevillensis

. Based on findings and analysis in our updated assessment, we conclude that this species in not likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, and listing this species under the Endangered Species Act is therefore not warranted. The species no longer meets our definition of a candidate, and we have removed it from candidate status.

Crustaceans

Troglobitic groundwater shrimp (

Typhlatya monae

) -

Typhlatya monae

is a small subterranean small shrimp known from Puerto Rico, Barbuda, and the Dominican Republic. It is classified as a troglobite, or obligatory cave organism, of which its most extraordinary feature is the reduction or loss of vision and pigmentation.

T. monae

feeds on organic waste material and debris, such as bat guano. Little is known concerning the status of

T. monae

in either Barbuda or Dominican Republic and we are not aware of any threats to this species in those locations. This species was discovered on Mona Island, in Puerto Rico but was later found on the Puerto Rico mainland in three caves within the Guánica Commonwealth Forest in the municipalities of Guánica, Yauco, and Guayanilla. Although the species was not found on Mona Island during surveys conducted in 1974 and 1995, the species may still be found in the reef deposit aquifers in Mona Island that have not yet been surveyed.

In 1995, the total population was estimated to be close to 2,000 individuals; over 95 percent of these were observed in one cave. Although no systematic censuses have been conducted since 1995, the Service has recently documented the presence of the species in all three mainland caves and obtained information from Puerto Rico Commonwealth Forest personnel regarding two additional caves in which the species may occur.

In past reviews, we determined that the species was threatened by habitat disturbance, human-induced fires, hurricanes and floods. However, the Guánica Commonwealth Forest and Mona Island Natural Reserve are managed for conservation by the Puerto Rico Department of Natural and Environmental Resources (DNER). Caves in the Guánica Forest are closed to public visitors; therefore, habitat modification and disturbance, and human-induced fires are not anticipated. Caves on Mona Island are seldom visited, and adverse effects to these areas have not been documented. The species is located in pools inside caves, and underground waters; thus, we do not anticipate impacts from hurricanes.

Typhlatya monae

was first described in Mona Island from el Pozo Del Portuguez and from a deep well close to the airport. At the present time, the use of this well is limited to DNER staff; therefore, additional extraction of underground waters is not expected. Currently, the DNER utilizes water cisterns and commercial potable water as alternate water sources. The species is protected by Regulation #6766 (“Reglamento para Regir las Especies Vulnerables y en Peligro de Extinciön en el Estado Libre Asociado de Puerto Rico”), adopted in 2004 by the Commonwealth of Puerto Rico. Under Regulation #6766,

T. monae

is listed as Critically Endangered (CR). Regulation #6766 prohibits collecting, killing, or harming listed species. We conclude that this species in not likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, and listing this species under the Endangered Species Act is not warranted. The species no longer meets our definition of a candidate, and we have removed it from candidate status.

Flowering Plants

Calliandra locoensis

(no common name) -

Calliandra locoensis

is a spiny, leguminous shrub currently known from five localities within the Susuá Commonwealth Forest in the municipalities of Yauco and Sabana Grande, in southwestern Puerto Rico. This species is endemic to Puerto Rico, and was discovered in 1991 during a study of the flora of the Susuá Commonwealth Forest; it was described by Garciá and Kolterman in 1992.

Calliandra locoensis

is found on shallow, serpentine soils with low nutrients, high drainage, and low fertility. In 2007, local botanists reported 3 populations with approximately 1,600 adult plants and numerous seedlings in 5 localities indicating that the number of adult individuals has doubled and the number of localities has increased since surveys conducted in 1998.

In previous reviews, we determined that the species was threatened by forest-management practices (accidental trampling, brush clearing, trail maintenance), forest fires (natural or manmade), catastrophic natural events (hurricanes, floods, mudslides), and restricted distribution. We now find that this species is not currently threatened by forest management practices. The species is currently considered as a critical element under the Puerto Rico Department of Natural and Environmental Resources Natural Heritage Program; consequently activities conducted in the forest are generally scrutinized and measures to minimize or avoid impacts to species are recommended and implemented. The Susuá Commonwealth Forest is also protected by Law #133 and has been designated as a Critical Wildlife Area. We also previously indicated that this species was vulnerable to hurricanes and human-induced fires. Plants endemic to the Caribbean are naturally adapted to the impact of hurricanes (the species usually lose their leaves for a certain period of time, but recover them later). Although hurricanes are common occurrences in Puerto Rico, damage to this species by hurricanes has not been reported in any of the currently known populations in the last decade. Surveys have indicated that despite hurricanes occurring in the areas where

C. locoensis

exists, the number of adult individuals has doubled, the number of localities has increased, evidence suggests that the species is successfully reproducing. Thus, we have determined that hurricanes are not a threat. The currently known populations are not located near the roads of the forest, which are more vulnerable to fires and DNER implements a fire prevention plan within the forest, particularly during the dry season; therefore, fire is not a threat to the species. We conclude that this species in not likely to become

an endangered species within the foreseeable future throughout all or a significant portion of its range, and listing this species under the Endangered Species Act is not warranted. The species no longer meets our definition of a candidate, and we have removed it from candidate status.

Calyptranthes estremerae

(no common name) -

Calyptranthes estremerae

is a small tree from the subtropical moist forest of northwestern Puerto Rico, in the municipalities of Camuy, Utuado, and Arecibo.

Calyptranthes estremerae

was only known from several individuals found near the recreation area adjacent to the Rio

Camuy Cave Park. At present time, about 100 individuals of

C. estremerae

are estimated for the Camuy Cave Park area, Rio

Abajo Commonwealth Forest (managed by the Puerto Rico Department of Natural and Environmental Resources (DNER)), and a privately owned farm in Sabana Hoyos, Arecibo.

We have found that this species is no longer threatened by the expansion of recreation facilities within Cavernas de Camuy Park and Rio

Abajo Commonwealth Forest, as there are no plans to expand such facilities. In addition, the Rio

Abajo Commonwealth Forest has a management plan in place that emphasizes protection and conservation of species classified under DNER as critical, threatened, or endangered and their habitat;

C. estremerae

is classified as a critical element by DNER. Furthermore, actions that may affect such classified species are generally scrutinized, and measures to minimize or avoid impacts to these species are recommended and implemented. The Rio

Abajo Commonwealth Forest is also protected by designation as a Critical Wildlife Area. In previous assessments, we indicated that the small number of individuals of

C. estremerae

in the two populations, along with the species' limited distribution made this species vulnerable to potential catastrophic natural (hurricanes) and manmade (fires) events. However, damage by hurricanes has not been reported in any of the currently known populations. In addition, because the species exists in the subtropical moist forest life zone, the threat of human-induced fires is low; further, the DNER implements an islandwide fire prevention plan in public forests. Therefore, fires are currently not a threat to this species. We conclude that this species in not likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, and listing this species under the Endangered Species Act is not warranted. The species no longer meets our definition of a candidate, and we have removed it from candidate status.

Petition Findings

The Act provides two mechanisms for considering species for listing. One method allows the Secretary, on his own initiative, to identify species for listing under the standards of section 4(a)(1). We implement this through the candidate program, discussed above. The second method for listing a species provides a mechanism for the public to petition us to add a species to the Lists. Under section 4(b)(3)(A), when we receive such a petition, we must determine within 90 days, to the maximum extent practicable, whether the petition presents substantial information that listing may be warranted (a “90-day finding”). If we make a positive 90-day finding, we must promptly commence a status review of the species under section 4(b)(3)(A); we must then make and publish one of three possible findings within 12 months of the receipt of the petition (a “12-month finding”):

1. The petitioned action is not warranted;

2. The petitioned action is warranted (in which case we are required to promptly publish a proposed regulation to implement the petitioned action; once we publish a proposed rule for a species, section 4(b)(5) and 4(b)(6) govern further procedures regardless of whether we issued the proposal in response to a petition); or

3. The petitioned action is warranted but (a) the immediate proposal of a regulation and final promulgation of regulation implementing the petitioned action is precluded by pending proposals, and (b) expeditious progress is being made to add qualified species to the lists of endangered or threatened species. (We refer to this as a “warranted-but-precluded finding.”)

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

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

This publication provides notice of substantial 90-day findings and the warranted-but-precluded 12-month findings pursuant to section 4(b)(3) for candidate species listed on Table 1 that we identified on our own initiative, and that subsequently have been the subject of a petition to list. Even though all candidate species identified through our own initiative already have received the equivalent of substantial 90-day and warranted-but-precluded 12-month findings, we review the status of the newly petitioned candidate species and through this CNOR publish specific section 4(b)(3) findings (i.e., substantial 90-day and warranted-but-precluded 12-month findings) in response to the petitions to list these candidate species. We publish these findings as part of the first CNOR following receipt of the petition.

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

Section 4(b)(3)(C)(iii) of the Act requires us to “implement a system to monitor effectively the status of all species” for which we have made a warranted-but-precluded 12-month finding, and to “make prompt use of the [emergency listing] authority [under section 4(b)(7)] to prevent a significant risk to the well being of any such species.” The CNOR plays a crucial role in the monitoring system that we have implemented for all candidate species by providing notice that we are actively seeking information regarding the status of those species. We review all new information on candidate species as it becomes available, prepare an annual species assessment form that reflects monitoring results and other new information, and identify any species for which emergency listing may be appropriate. If we determine that emergency listing is appropriate for any candidate, whether it was identified through our own initiative or through the petition process, we will make prompt use of the emergency listing authority under section 4(b)(7). We have

been reviewing and will continue to review, at least annually, the status of every candidate, whether or not we have received a petition to list it. Thus, the CNOR and accompanying species assessment forms constitute the Service's annual finding on the status of petitioned species pursuant to section 4(b)(3)(C)(i).

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

Center for Biological Diversity

v.

Norton

, 254 F.3d 833 (9

th

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

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

Center for Biological Diversity

v.

Norton

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

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

Center for Biological Diversity

v.

Norton

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

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

California Native Plant Society

v.

Norton

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

In this CNOR we continue to incorporate information that addresses the courts' concerns. We include a description of the reasons why the listing of every petitioned candidate species is both warranted and precluded at this time. We make our determinations of preclusion on a nationwide basis to ensure that the species most in need of listing will be addressed first and also because we allocate our listing budget on a nationwide basis (see below). Regional priorities can also be discerned from Table 1, which includes the lead region and the LPN for each species. Our preclusion determinations are further based upon our budget for listing activities for unlisted species, and we explain the priority system and why the work we have accomplished does preclude action on listing candidate species.

Pursuant to section 4(b)(3)(C)(ii) and the Administrative Procedure Act (5 U.S.C. 551

et seq.

), any party with standing may challenge the merits of any not-warranted or warranted-but-precluded petition finding incorporated in this CNOR. The analysis included herein, together with the administrative record for the decision at issue (particularly the supporting species assessment form), will provide an adequate basis for a court to review the petition finding.

Nothing in this document or any of our policies should be construed as in any way modifying the Act's requirement that we make a resubmitted 12-month petition finding for each petitioned candidate within 1 year of the date of publication of this CNOR. If we fail to make any such finding on a timely basis, whether through publication of a new CNOR or some other form of notice, any party with standing may seek judicial review.

In this CNOR, we continue to address the concerns of the courts by including specific information in our discussion on preclusion (see below). In preparing this CNOR, we reviewed the current status of, and threats to, the 162 candidates and 6 listed species for which we have received a petition and for which we have found listing or reclassification from threatened to endangered to be warranted but precluded. We find that the immediate issuance of a proposed rule and timely promulgation of a final rule for each of these species has been, for the preceding months, and continues to be, precluded by higher priority listing actions. Additional information that is the basis for this finding is found in the species assessments and our administrative record for each species.

Our review included updating the status of, and threats to, petitioned candidate or listed species for which we published findings, pursuant to section 4(b)(3)(B), in the previous CNOR. We have incorporated new information we gathered since the prior finding and, as a result of this review, we are making continued warranted-but-precluded 12-month findings on the petitions for these species.

We have identified the candidate species for which we received petitions by the code “C*” in the category column on the left side of Table 1. The immediate publication of proposed rules to list these species was precluded by our work on higher priority listing actions, listed below, during the period from October 1, 2008, through September 30, 2009. We will continue to monitor the status of all candidate species, including petitioned species, as new information becomes available to determine if a change in status is warranted, including the need to emergency-list a species under section 4(b)(7) of the Act.

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

http://endangered.fws.gov/

. As described above, under section 4 of the Act we may identify and propose species for listing based on the factors identified in section 4(a)(1), and section 4 also provides a mechanism for the public to petition us to add a species to the lists

of species determined to be threatened species or endangered species under the Act. Below we describe the actions that continue to preclude the immediate proposal and final promulgation of a regulation implementing each of the petitioned actions for which we have made a warranted-but-precluded finding, and we describe the expeditious progress we are making to add qualified species to the lists of endangered or threatened species.

Preclusion and Expeditious Progress

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

The resources available for listing actions are determined through the annual Congressional appropriations process. The appropriation for the Listing Program is available to support work involving the following listing actions: proposed and final listing rules; 90-day and 12-month findings on petitions to add species to the Lists of Endangered and Threatened Wildlife and Plants (Lists) or to change the status of a species from threatened to endangered; annual determinations on prior warranted-but-precluded petition findings as required under section 4(b)(3)(C)(i) of the Act; critical habitat petition findings; proposed and final rules designating critical habitat; and litigation-related, administrative, and program-management functions (including preparing and allocating budgets, responding to Congressional and public inquiries, and conducting public outreach regarding listing and critical habitat). The work involved in preparing various listing documents can be extensive, and may include, but is not limited to: gathering and assessing the best scientific and commercial data available and conducting analyses used as the basis for our decisions; writing and publishing documents; and obtaining, reviewing, and evaluating public comments and peer review comments on proposed rules and incorporating relevant information into final rules. The number of listing actions that we can undertake in a given year also is influenced by the complexity of those listing actions; that is, more complex actions generally are more costly. For example, during the past several years, the cost (excluding publication costs) for preparing a 12-month finding, without a proposed rule, has ranged from approximately $11,000 for one species with a restricted range that requires a relatively uncomplicated analysis to $305,000 for another species that is wide-ranging and requires a complex analysis.

We cannot spend more than is appropriated for the Listing Program without violating the Anti-Deficiency Act (see 31 U.S.C. § 1341(a)(1)(A)). In addition, in FY 1998 and for each fiscal year since then, Congress has placed a statutory cap on funds which may be expended for the Listing Program, equal to the amount expressly appropriated for that purpose in that fiscal year. This cap was designed to prevent funds appropriated for other functions under the Act (for example, recovery funds for removing species from the Lists), or for other Service programs, from being used for Listing Program actions (see House Report 105-163, 105

th

Congress, 1st Session, July 1, 1997).

Recognizing that designation of critical habitat for species already listed would consume most of the overall Listing Program appropriation, Congress also put a critical habitat subcap in place in FY 2002, and has retained it each subsequent year to ensure that some funds are available for other work in the Listing Program: “The critical habitat designation subcap will ensure that some funding is available to address other listing activities” (House Report No. 107 - 103, 107

th

Congress, 1st Session, June 19, 2001). In FY 2002 and each year until FY 2006, the Service has had to use virtually the entire critical habitat subcap to address court-mandated designations of critical habitat, and consequently none of the critical habitat subcap funds have been available for other listing activities. In FY 2007, we were able to use some of the critical habitat subcap funds to fund proposed listing determinations for high-priority candidate species; however, in subsequent FYs we were unable to do this because all of the critical habitat subcap funds were needed to address our workload for designating critical habitat.

Thus, through the listing cap, the critical habitat subcap, and the amount of funds needed to address court-mandated critical habitat designations, Congress and the courts have in effect determined the amount of money available for other listing activities. Therefore, the funds in the listing cap, other than those needed to address court-mandated critical habitat for already listed species, represent the resources we must take into consideration when we make our determinations of preclusion and expeditious progress.

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

In FY 2009, expeditious progress is that amount of work that can be achieved with $8,808,000, which is the amount of money that Congress appropriated for the Listing Program (that is, the portion of the Listing Program funding not related to critical habitat designations for species that are already listed). Our process is to make our determinations of preclusion on a nationwide basis to ensure that the species most in need of listing will be addressed first and also because we allocate our listing budget on a nationwide basis. The $8,808,000 was used to fund work in the following categories: compliance with court orders and court-approved settlement agreements requiring that petition findings or listing determinations be completed by a specific date; section 4 (of the Act) listing actions with absolute statutory deadlines; essential litigation-related, administrative, and listing program-management functions; and high-priority listing actions for some of our candidate species. The allocations for each specific listing action are identified in the Service's FY 2009 Allocation Table (part of our administrative record).

In FY 2007, we had more than 120 species with an LPN of 2, based on our September 21, 1983, guidance for assigning an LPN for each candidate species (48 FR 43098). Using this guidance, we assign each candidate an LPN of 1 to 12, depending on the magnitude of threats (high vs. moderate to low), immediacy of threats (imminent or nonimminent), and taxonomic status of the species (in order of priority: monotypic genus (a species that is the

sole member of a genus); species; or part of a species (subspecies, distinct population segment, or significant portion of the range)). The lower the listing priority number, the higher the listing priority (that is, a species with an LPN of 1 would have the highest listing priority). Because of the large number of high-priority species, we further ranked the candidate species with an LPN of 2 by using the following extinction-risk type criteria: International Union for the Conservation of Nature and Natural Resources (IUCN) Red list status/rank, Heritage rank (provided by NatureServe), Heritage threat rank (provided by NatureServe), and species currently with fewer than 50 individuals, or 4 or fewer populations. Those species with the highest IUCN rank (critically endangered), the highest Heritage rank (G1), the highest Heritage threat rank (substantial, imminent threats), and currently with fewer than 50 individuals, or fewer than 4 populations, comprised a group of approximately 40 candidate species (“Top 40”). These 40 candidate species have had the highest priority to receive funding to work on a proposed listing determination. As we work on proposed and final listing rules for these 40 candidates, we are applying the ranking criteria to the next group of candidates with LPN of 2 and 3 to determine the next set of highest priority candidate species.

To be more efficient in our listing process, as we work on proposed rules for these species in the next several years, we are preparing multi-species proposals when appropriate, and these may include species with lower priority if they overlap geographically or have the same threats as a species with an LPN of 2. In addition, available staff resources are also a factor in determining which high-priority species will receive funding. Finally, proposed rules for reclassification of threatened species to endangered are lower priority, since as listed species, they are already afforded the protection of the Act and implementing regulations.

Thus, we continue to find that proposals to list the petitioned candidate species included in Table 1 are all warranted but precluded.

As explained above, a determination that listing is warranted but precluded must also demonstrate that expeditious progress is being made to add and remove qualified species to and from the Lists of Endangered and Threatened Wildlife and Plants. (Although we do not discuss it in detail here, we are also making expeditious progress in removing species from the list under the Recovery program, which is funded by a separate line item in the budget of the Endangered Species Program. As explained above in our description of the statutory cap on Listing Program funds, the Recovery Program funds and actions supported by them cannot be considered in determining expeditious progress made in the Listing Program.) As with our “precluded” finding, expeditious progress in adding qualified species to the Lists is a function of the resources available and the competing demands for those funds. Given that limitation, we find that we made expeditious progress in FY 2009 in the Listing Program. This progress included preparing and publishing the following determinations:

FY 2009 Completed Listing Actions

Publication Date

Title

Actions

FR Pages

10/15/2008

90-Day Finding on a Petition To List the Least Chub

Notice of 90-day Petition Finding, Substantial

73 FR 61007 61015

10/21/2008

Listing 48 Species on Kauai as Endangered and Designating Critical Habitat

Proposed Listing,

Endangered; Proposed Critical Habitat

73 FR 62591 62742

10/24/2008

90-Day Finding on a Petition to List the Sacramento Valley Tiger Beetle as Endangered

Notice of 90-day Petition Finding, Not

substantial

73 FR 63421 63424

10/28/2008

90-Day Finding on a Petition To List the Dusky Tree Vole

(Arborimus longicaudus silvicola

) as Threatened or

Endangered

Notice of 90-day Petition Finding, Substantial

73 FR 63919 63926

11/25/2008

12-Month Finding on a Petition To List the Northern Mexican Gartersnake

(Thamnophis eques megalops

) as Threatened or Endangered With Critical Habitat; Proposed Rule

Notice of 12 month

petition finding,

Warranted but precluded

73 FR 71787 71826

12/02/2008

90-Day Finding on a Petition To List the Black-tailed Prairie Dog as Threatened or Endangered

Notice of 90-day Petition Finding, Substantial

73 FR 73211 73219

12/05/2008

90-Day Finding on a Petition To List the Sacramento

Mountains Checkerspot Butterfly

(Euphydryas anicia cloudcrofti

) as Endangered with Critical Habitat

Notice of 90-day Petition Finding, Substantial

73 FR 74123 74129

12/18/2008

90-Day Finding on a Petition to Change the Listing Status of the Canada Lynx

Notice of 90-day Petition Finding, Substantial

73 FR 76990 76994

1/06/2009

Partial 90-Day Finding on a Petition To List 475 Species in the Southwestern United States as Threatened or Endangered With Critical Habitat

Notice of 90-day Petition Finding, Not

substantial

74 FR 419 427

2/05/2009

Partial 90-Day Finding on a Petition To List 206 Species in the in the Midwest and Western United States as Threatened or Endangered With Critical Habitat

Notice of 90-day Petition Finding, Not

substantial

74 FR 6122 6128

2/10/2009

90-Day Finding on a Petition To List the Wyoming Pocket

Gopher as Threatened or Endangered With Critical Habitat

Notice of 90-day Petition Finding, Substantial

74 FR 6558 6563

3/17/2009

Listing

Phyllostegia

hispida

(No Common Name) as

Endangered Throughout Its Range

Final Listing Endangered

74 FR 11319 11327

3/25/2009

12-Month Finding on a Petition to List the Yellow-Billed Loon as Threatened or Endangered

Notice of 12 month

petition finding,

Warranted but precluded

74 FR 12931 12968

4/09/2009

12-Month Finding on a Petition to List the San Francisco Bay-Delta Population of the Longfin Smelt

(Spirinchus thaleichthys

) as Endangered

Notice of 12 month

petition finding, Not

warranted

74 FR 16169 16175

4/22/2009

90-Day Finding on a Petition To List the Tehachapi Slender Salamander

(Batrachoseps

stebbinsi

) as Threatened or

Endangered

Notice of 90-day Petition Finding, Substantial

74 FR 18336 18341

5/07/2009

90-Day Finding on a Petition To List the American Pika as Threatened or Endangered with Critical Habitat

Notice of 90-day Petition Finding, Substantial

74 FR 21301 21310

5/19/2009

12-Month Finding on a Petition to List the Coaster Brook Trout as Endangered

Notice 12-month petition finding, Not warranted

74 FR 23376 23388

6/09/2009

90-Day Finding on a Petition To List

Oenothera

acutissima

(Narrowleaf Evening-primrose) as Threatened or

Endangered

Notice of 90-day Petition Finding, Not

substantial

74 FR 27266 27271

6/29/2009

Proposed Endangered Status for the Georgia Pigtoe Mussel, Interrupted Rocksnail, and Rough Hornsnail with Critical Habitat

Proposed Listing,

Endangered; Proposed

Critical Habitat

74 FR 31113 31151

7/01/2009

90-Day Finding on a Petition to List the Northern Leopard Frog

(Lithobates

[=Rana]

pipiens

) in the Western United States as Threatened

Notice of 90-day Petition Finding, Substantial

74 FR 31389 31401

7/07/2009

12-Month Finding on a Petition To List a Distinct Population Segment of the Roundtail Chub

(Gila robusta

) in the Lower Colorado River Basin

Notice of 12-month

petition finding,

Warranted but precluded

74 FR 32351 32387

7/08/2009

90-Day Finding on a Petition to List the Coqui Llanero

(Eleutherodactylus juanariveroi

) as Endangered

Notice of 90-day Petition Finding, Substantial

74 FR 32510 32513

7/08/2009

90-Day Finding on a Petition to List the Susan's purse-making caddisfly

(Ochrotrichia susanae

) as Threatened or

Endangered

Notice of 90-day Petition Finding, Substantial

74 FR 32514 32521

7/08/2009

Proposed Endangered Status for Flying Earwig Hawaiian Damselfly

(Megalagrion nesiotes

) and Pacific Hawaiian Damselfly

(M. pacificum

) Throughout Their Ranges

Proposed Listing,

Endangered

74 FR 32490 32510

7/09/2009

Listing Casey's June Beetle

(Dinacoma caseyi

) as Endangered and Designation of Critical Habitat

Proposed Listing,

Endangered; Proposed

Critical Habitat

74 FR 32857 32875

7/22/2009

90-Day Finding on a Petition To List the White-Sided

Jackrabbit

(Lepus

callotis

) as Threatened or Endangered

Notice of 90-day Petition Finding, Substantial

74 FR 36152 36158

8/06/2009

Initiation of Status Review for Mountain Whitefish

(Prosopium

williamsoni

) in the Big Lost River, Idaho

Notice of Status Review

74 FR 39268 39269

8/11/2009

90-Day Finding on a Petition To List the Jemez Mountains

Salamander

(Plethodon neomexicanus

) as Threatened or

Endangered With Critical Habitat

Notice of 90-day Petition Finding, Substantial

74 FR 40132 40138

8/18/2009

Partial 90-Day Finding on a Petition To List 206 Species in the Midwest and Western United States as Threatened or

Endangered with Critical Habitat

Notice of 90-day Petition Finding, Not

substantial (9 species); Notice 90-day Petition Finding, Substantial (29 species)

74 FR 41649 41662

8/19/2009

12-Month Finding on a Petition To List the Ashy Storm-Petrel as Threatened or Endangered

Notice of 12 month

petition finding,

Not warranted

74 FR 41832 41860

8/28/2009

90-Day Finding on a Petition To List the Sonoran Population of Desert Tortoise

(Gopherus agasizzii

) as a Distinct

Population Segment (DPS) With Critical Habitat

Notice of 90-day Petition Finding, Substantial

74 FR 44335 44344

9/02/2009

12-Month Finding on a Petition To List the Sacramento

Mountains Checkerspot Butterfly as Endangered with Critical Habitat

Notice of 12 month

petition finding, Not

warranted

74 FR 45396 45411

9/09/2009

90-Day Finding on a Petition to List the Eastern Population of the Gopher Tortoise

(Gopherus polyphemus

) as Threatened

Notice of 90-day Petition Finding, Substantial

74 FR 46401 46406

9/10/2009

12-Month Finding on a Petition to List

Astragalus anserinus

(Goose Creek milkvetch) as Threatened or Endangered

Notice of 12 month

petition finding, Warranted but precluded

74 FR 46521 46542

9/10/2009

90-Day Finding on a Petition to List

Cirsium wrightii

(Wright's marsh thistle) as Threatened or Endangered with Critical Habitat

Notice of 90-day Petition Finding, Substantial

74 FR 46542 46547

9/10/2009

90-Day Finding on a Petition to List the Pacific Walrus as Threatened or Endangered

Notice of 90-day Petition Finding, Substantial

74 FR 46551 46557

9/10/2009

Endangered and Threatened Wildlife and Plants; 90-Day

Finding on a Petition to List the Amargosa Toad

(Bufo nelsoni

) as Threatened or Endangered

Notice of 90-day Petition Finding, Substantial

74 FR 46548 46551

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

Actions funded in FY 2009 but not completed in FY 2009

Species

Action

Actions Subject to Court Order/Settlement Agreement

Slickspot peppergrass

Final listing determination

Coastal cutthroat trout

Final listing determination

Mono basin sage-grouse

12-month petition finding

Greater sage-grouse

12-month petition finding

SW bald eagle population

12-month petition finding

Black-tailed prairie dog

12-month petition finding

Lynx (include New Mexico in listing)

12-month petition finding

White-tailed prairie dog

12-month petition finding

American pika

12-month petition finding

Hermes copper butterfly

90-day petition finding

Thorne's hairstreak butterfly

90-day petition finding

Actions with Statutory Deadlines

48 Kauai species

Final listing determination

Black-footed albatross

12-month petition finding

Mount Charleston blue butterfly

12-month petition finding

Mojave fringe-toed lizard

1

12-month petition finding

Pygmy rabbit (rangewide)

1

12-month petition finding

Kokanee - Lake Sammamish population

1

12-month petition finding

Delta smelt (uplisting)

12-month petition finding

Cactus ferruginous pygmy-owl

1

12-month petition finding

Tucson shovel-nosed snake

1

12-month petition finding

Northern leopard frog

12-month petition finding

Tehachapi slender salamander

12-month petition finding

Coqui Llanero

12-month petition finding

Susan's purse-making caddisfly

12-month petition finding

White-sided jackrabbit

12-month petition finding

Jemez Mountains salamander

12-month petition finding

29 of 206 species

12-month petition finding

Desert tortoise - Sonoran population

12-month petition finding

Gopher tortoise - eastern population

12-month petition finding

Wrights marsh thistle

12-month petition finding

Southeastern pop snowy plover & wintering pop. of piping plover

90-day petition finding

Berry Cave salamander

1

90-day petition finding

Ozark chinquapin

1

90-day petition finding

Smooth-billed ani

90-day petition finding

Bay Springs salamander

1

90-day petition finding

Mojave ground squirrel

1

90-day petition finding

32 species of snails and slugs

90-day petition finding

Calopogon oklahomensis

90-day petition finding

Striped newt

90-day petition finding

American dipper - Black Hills population

90-day petition finding

Sprague's pipit

90-day petition finding

Southern hickorynut

90-day petition finding

5 Southwest mussel species

90-day petition finding

Chihuahua scarfpea

90-day petition finding

White-bark pine

90-day petition finding

Puerto Rico harlequin

90-day petition finding

Fisher - Northern Rocky Mtns. population

90-day petition finding

42 snail species (Nevada & Utah)

90-day petition finding

HI yellow-faced bees

90-day petition finding

475 Southwestern species (partially completed)

90-day petition finding

High Priority Listing Actions

3

19 Oahu candidate species (16 plants, 3 damselflies) (15 with LPN = 2, 3 with LPN = 3, 1 with LPN = 9)

Proposed listing

17 Maui-Nui candidate species (14 plants, 3 tree snails) (12 with LPN = 2, 2 with LPN = 3, 3 with LPN = 8)

Proposed listing

Sand dune lizard (LPN = 2)

Proposed listing

2 Arizona springsnails

(Pyrgulopsis bernadina

(LPN = 2),

Pyrgulopsis

trivialis

(LPN = 2))

Proposed listing

2 New Mexico springsnails

(Pyrgulopsis

chupaderae

(LPN = 2),

Pyrgulopsis

thermalis

(LPN = 11))

Proposed listing

2 mussels (rayed bean (LPN = 2), snuffbox No LPN)

Proposed listing

2 mussels (sheepnose (LPN = 2), spectaclecase (LPN = 4),)

Proposed listing

Ozark hellbender

2

(LPN = 3)

Proposed listing

Altamaha spinymussel (LPN = 2)

Proposed listing

5 southeast fish (rush darter (LPN = 2), chucky madtom (LPN = 2), yellowcheek darter (LPN = 2), Cumberland darter (LPN = 5), laurel dace (LPN = 5))

Proposed listing

8 southeast mussels (southern kidneyshell (LPN = 2), round ebonyshell (LPN = 2), Alabama pearlshell (LPN = 2), southern sandshell (LPN = 5), fuzzy pigtoe (LPN = 5), Choctaw bean (LPN = 5), narrow pigtoe (LPN = 5), and tapered pigtoe (LPN = 11))

Proposed listing

3 Colorado plants (Pagosa skyrocket

(Ipomopsis polyantha

) (LPN = 2), Parachute beardtongue

(Penstemon debilis

) (LPN = 2), Debeque phacelia

(Phacelia submutica

) (LPN = 8))

Proposed listing

1

Funds for listing actions for these species were provided in previous FYs.

2

We funded a proposed rule for this subspecies with an LPN of 3 ahead of other species with LPN of 2, because the threats to the species were so imminent and of a high magnitude that we considered emergency listing if we were unable to fund work on a proposed listing rule in FY 2008.

3

Funds for these high-priority listing actions were provided in FY 2008 and 2009

We also funded work on resubmitted petitions findings for 162 candidate species (species petitioned prior to the last CNOR). We did not include new information in our resubmitted petition finding for the Columbia Basin population of the greater sage-grouse in this notice, as we are considering new information and will update our finding at a later date (see 73 FR 23170, April 29, 2008). We also did not include new information in our resubmitted petition findings for the 48 candidate species for which we are preparing proposed listing determinations; see summaries below regarding publication of these determinations. We also funded revised 12-month petition findings for four candidate species that we are removing from candidate status, which are being published as part of this CNOR (see

Candidate Removals

). Because the majority of these species were already candidate species prior to our receipt of a petition to list them, we had already assessed their status using funds from our Candidate Conservation Program. We also continue to monitor the status of these species through our Candidate Conservation Program. The cost of updating the species assessment forms and publishing the joint publication of the CNOR and resubmitted petition findings is shared between the Listing Program and the Candidate Conservation Program.

During FY 2009, we also funded work on resubmitted petition findings for uplisting six listed species, for which petitions were previously received.

We have endeavored to make our listing actions as efficient and timely as possible, given the requirements of the relevant law and regulations, and constraints relating to workload and personnel. We are continually considering ways to streamline processes or achieve economies of scale, such as by batching related actions together. Given our limited budget for implementing section 4 of the Act, the actions described above collectively constitute expeditious progress.

Although we have not been able to resolve the listing status of many of the candidates, several programs in the Service contribute to the conservation of these species. In particular, the Candidate Conservation program, which is separately budgeted, focuses on providing technical expertise for developing conservation strategies and agreements to guide voluntary on-the-ground conservation work for candidate and other at-risk species. The main goal of this program is to address the threats facing candidate species. Through this program, we work with our partners (other Federal agencies, State agencies, Tribes, local governments, private landowners, and private conservation organizations) to address the threats to candidate species and other species at-risk. We are currently working with our partners to implement voluntary conservation agreements for more than 140 species covering 5 million acres of habitat. In some instances, the sustained implementation of strategically designed conservation efforts culminates in making listing unnecessary for species that are proposed or candidates for listing.

Findings for Petitioned Candidate Species

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

Candidate Removals

”).

Mammals

Pacific Sheath-tailed Bat, American Samoa DPS (

Emballonura semicaudata semicaudata

) - The following summary is based on information contained in our files. No new information was provided in the petition we received on May 11, 2004. This small bat is a member of the Emballonuridae, an Old World bat family that has an extensive distribution, primarily in the tropics. The Pacific sheath-tailed bat was once common and widespread in Polynesia and Micronesia and it is the only insectivorous bat recorded from a large part of this area. The species as a whole (

E. semicaudata

) occurred on several of the Caroline Islands (Palau, Chuuk, and Pohnpei), Samoa (Independent and American), the Mariana Islands (Guam and the CNMI), Tonga, Fiji, and Vanuatu. While populations appear to be healthy in some locations, mainly in the Caroline Islands, they have declined substantially in other areas, including Independent and American Samoa, the Mariana Islands, Fiji, and possibly Tonga. Scientists recognize four subspecies:

E. s. rotensis

, endemic to the Mariana Islands (Guam and the Commonwealth of the Northern Mariana Islands (CNMI));

E. s. sulcata

, occurring in Chuuk and Pohnpei;

E. s. palauensis

, found in Palau; and

E. s. semicaudata

, occurring in American and Independent Samoa, Tonga, Fiji, and Vanuatu. This candidate assessment form addresses the distinct population segment (DPS) of

E. s. semicaudata

that occurs in American Samoa.

E. s. semicaudata

historically occurred in American and Independent Samoa, Tonga, Fiji, and Vanuatu. It is extant in Fiji and Tonga, but may be extirpated from Vanuatu and Independent Samoa. There is some concern that it is also extirpated from American Samoa, the location of this DPS, where surveys are currently ongoing to ascertain its status. The factors that led to the decline of this subspecies and the DPS are poorly understood; however, current threats to this subspecies and the DPS include habitat loss, predation by introduced species, and its small population size and distribution, which make the taxon extremely vulnerable to extinction due to typhoons and similar natural catastrophes. Thus, the threats are high in magnitude. The Pacific sheath-tailed bat may also by susceptible to disturbance to roosting caves. The LPN for

E. s. semicaudata

is 3 because the magnitude of the threats is high, the threats are ongoing, and therefore, imminent, and the taxon is a distinct population segment of a subspecies.

Pacific Sheath-tailed Bat (

Emballonura semicaudata rotensis

), Guam and the Commonwealth of the Northern Mariana Islands - The following summary is based on information contained in our files. No new information was provided in the petition we received on May 11, 2004. This small bat is a member of the Emballonuridae, an Old World bat family that has an extensive distribution, primarily in the tropics. The Pacific sheath-tailed bat was once common and widespread in Polynesia and Micronesia and it is the only insectivorous bat recorded from a large part of this area.

E. s. rotensis

is historically known from the Mariana Islands and formerly occurred on Guam and in the CNMI on Rota, Aguiguan, Tinian (known from prehistoric records only), Saipan, and possibly Anatahan and Maug. Currently,

E. s. rotensis

appears to be extirpated from all but one island in the Mariana archipelago. The single remaining population of this subspecies occurs on Aguiguan, CNMI.

Threats to this subspecies have not changed over the past year. The primary threats to the subspecies are ongoing habitat loss and degradation as a result of feral goat (

Capra hircus

) activity on the island of Aguiguan and the taxon's small population size and limited distribution. Predation by nonnative species and human disturbance are also potential threats to the subspecies. The subspecies is believed near the point where stochastic events, such as typhoons, are increasingly likely to affect its continued survival. The disappearance of the remaining population on Aguiguan would result in the extinction of the subspecies. Thus, the threats are high in magnitude. The LPN for

E. s. rotensis

remains at 3 because the magnitude of the threats is high, the threats are ongoing, and therefore, imminent, and the taxon is a subspecies.

New England cottontail (

Sylvilagus transitionalis

) - The following summary is based on information contained in our files and information received in response to our notice published on June 30, 2004, when we announced our 90-day petition finding and initiation of a status review (69 FR 39395). We received the petition on August 30, 2000. The New England cottontail (NEC) is a medium-to large-sized cottontail rabbit that may reach 1,000 grams in weight, and is one of two species within the genus

Sylvilagus

occurring in New England. New England cottontails are considered habitat specialists, in so far as they are dependent upon early-successional habitats typically described as thickets. The species is the only endemic cottontail in New England. Historically, the NEC occurred in seven states and ranged from southeastern New York (east of the Hudson River) north through the Champlain Valley, southern Vermont, the southern half of New Hampshire, southern Maine and south throughout Massachusetts, Connecticut and Rhode Island. The current range of the NEC has declined substantially and occurrences have become increasingly separated. The species' distribution is fragmented into five apparently isolated metapopulations. The area occupied by the cottontail has contracted from approximately 90,000 sq km to 12,180 sq km. Recent surveys indicate that the long term decline in NEC continues. For example, surveys for the species in early 2008 documented the presence of NEC in 7 of the 23 New Hampshire locations that were known to be occupied in 2002 and 2003. Similarly, surveys in Maine found the species present in 12 of 57 sites identified in an extensive survey that spanned the years 2000 to 2004. Unlike the New Hampshire study, several new sites were documented in Maine during 2008. Some have suggested that the decline in NEC occurrences in 2008 may be attributed to persistent snow cover throughout northern New England during the winter of 2007-2008. Similar surveys were conducted during the winter of 2009 in Maine, New Hampshire, Rhode Island and New York. The results are pending further analysis. We estimate that less than one third of the occupied sites occur on conservation lands and fewer than 10 percent are being managed for early-successional forest species.

The primary threat to the New England cottontail is loss of habitat through succession and alteration. Isolation of occupied patches by areas of unsuitable habitat and high predation rates are resulting in local extirpation of New England cottontails from small patches. The range of the New England cottontail has contracted by 75 percent or more since 1960 and current land

uses in the region indicate that the rate of change, about two percent range loss per year, will continue. Additional threats include competition for food and habitat with introduced eastern cottontails and large numbers of native white-tailed deer; inadequate regulatory mechanisms to protect habitat; and mortality from predation. The magnitude of the threats continues to be high, because they occur rangewide, and result in mortality or significantly reduce the reproductive capacity of the species. They are imminent because they are ongoing. Thus, we retained an LPN of 2 for this species. Conservation measures that address the threats to the species are being developed.

Fisher, West Coast DPS (

Martes pennanti

) - The following summary is based on information contained in our files and in the Service's initial warranted-but-precluded finding published in the

Federal Register

on April 8, 2004 (68 FR 18770). The fisher is a carnivore in the family Mustelidae and is the largest member of the genus Martes. Historically, the West Coast population of the fisher extended south from British Columbia into western Washington and Oregon, and in the North Coast Ranges, Klamath-Siskiyou Mountains, and Sierra Nevada in California. Because of a lack of detections with standardized survey efforts over much of the fisher's historical range, the fisher is believed to be extirpated or reduced to scattered individuals from the lower mainland of British Columbia through Washington and northern Oregon and in the central and northern Sierra Nevada range in California. Native populations of fisher currently occur in the North Coast Ranges of California, the Klamath- Siskiyou Mountains of northern California and southern Oregon, and in isolated populations occurring in the southern Sierra Nevada in California. Descendents of a fisher reintroduction effort also occur in the southern Cascade Range in Oregon. In January of 2008, the Washington Department of Fish and Wildlife began to implement their fisher recovery goals for the state through a reintroduction effort in the Olympic National Park. Estimates of fisher numbers in native populations of the West Coast DPS vary widely. A rigorous monitoring program is lacking for the northern California/southern Oregon population making estimates of fisher numbers for this relatively large population difficult. The monitoring program of the southern Sierra Nevada population has provided preliminary estimates. No estimates are available for the introduced population in the southern Cascade Range in Oregon. There is also a high degree of genetic relatedness within some populations, and populations of native fisher in California are separated by four times the species' maximum dispersal distance. The above-listed factors all indicate that the likely extant fisher populations are small and isolated from one another.

Major threats that fragment or remove key elements of fisher habitat include various forest-vegetation-management practices such as timber harvest and fuels reduction treatments. Other potential major threats in portions of the range include: uncharacteristically severe wildfire, changes in forest composition and structure related to the effects of climate change, urban and rural development, recreation development, and highways. Major threats to fisher that lead to direct mortality and injury to fisher include: Collisions with vehicles; predation; and viral borne diseases such as rabies, parvovirus, canine distemper, and

Anaplasma phagocytophilum.

Existing regulatory mechanisms on Federal, State, and private lands affect key elements of fisher habitat but do not provide sufficient certainty that conservation efforts will be effective or will be implemented. The magnitude of threats is high as they occur across the range of the DPS resulting in a negative impact on fisher distribution and abundance, and since they significantly affect this species' reproductive capacity. However, the threats are nonimminent as the greatest long-term risks to the fisher in its west coast range are the subsequent ramifications of the isolation of small populations and their interactions with the listed threats which will affect the species over the long-term. The three remaining areas containing fisher populations appear to be stable or not rapidly declining based on recent survey and monitoring efforts. Therefore, we assigned an LPN of 6 to this population.

New Mexico meadow jumping mouse (

Zapus hudsonius luteus

) - The following summary is based on information contained in our files and the petition we received October 15, 2008. The New Mexico meadow jumping mouse (jumping mouse) is endemic to New Mexico, Arizona, and a small area of southern Colorado. The jumping mouse nests in dry soils but uses moist, streamside, dense riparian/wetland vegetation. Recent genetic studies confirm that the jumping mouse is a distinct subspecies from other

Z. hudsonius

subspecies, confirming the currently accepted subspecies designation.

The threats that have been identified are excessive grazing pressure, water use and management, highway reconstruction, development, recreation, and beaver removal. Surveys conducted in 2005 and 2006 documented a drastic decline in the number of occupied localities and suitable habitat across the range of the species in New Mexico and Arizona. Of the original 103 known historical localities, 95 have been surveyed since the early to mid-1990s. Of the historical localities surveyed, currently only 16 are extant, 9 in New Mexico (including 1 that is contiguous with the Colorado locality) and 7 in Arizona. Moreover, the highly fragmented nature of its distribution is also a major contributor to the vulnerability of this species and increases the likelihood of very small, isolated populations being extirpated. The insufficient number of secure populations, and the destruction, modification, or curtailment of its habitat, continue to pose the most immediate threats to this species. Because the threats affect the jumping mouse in all but two of the extant localities, and the populations in these localities are small, the threats are of a high magnitude. These threats are currently occurring and, therefore, are imminent. Thus, we continue to assign an LPN of 3 to this subspecies.

Mazama pocket gopher (

Thomomys mazama

ssp.

couchi, douglasii

,

glacialis, louiei

,

melanops, pugetensis

,

tacomensis, tumuli

,

yelmensis

) - The following summary is based on information contained in our files. No new information was provided in the petition received December 11, 2002. Seven of the nine subspecies of pocket gopher are associated with glacial outwash prairies in western Washington, an ecosystem of conservation concern (

T. m. melanops

is found on alpine meadows in Olympic National Park, and

T. m. douglasii

is found in prairies in extreme southwest Washington). Of these seven subspecies, five are likely still extant (

couchi, glacialis

,

pugetensis, tumuli

, and

yelmensis

). Few of these glacial outwash prairies remain in Washington today. Historically, such prairies were patchily distributed, but the area they occupied totaled approximately 170,000 acres. Now, residential and commercial development and ingrowth of woody and/or nonnative vegetation have reduced their numbers. In addition, development in or adjacent to these prairies has likely increased predation on Mazama pocket gophers by dogs and cats.

The magnitude of threat is high due to populations with patchy and isolated

distributions in habitats highly desirable for development and subject to a wide variety of human activities that permanently alter the habitat. The threat of invasive plant species to the quality of a highly specific habitat requirement is high and constant. There are few known populations of each subspecies. A limited dispersal capability, and the loss and degradation of additional patches of appropriate habitat will further isolate populations and increase their vulnerability to extinction. Loss of any of the subspecies will reduce the genetic diversity and the likelihood of continued existence of the

Thomomys mazama

subspecies complex in Washington.

The threats are imminent. Two of the subspecies (Cathlamet and Tacoma) are likely extinct. The status of

T. m. douglasii

is unknown, but its habitat is threatened by encroaching development. Two gravel pits are operating on part of the remaining Roy Prairie pocket gopher habitat. The largest populations of two other subspecies (Shelton and Olympia) are located on airports with planned development. Yelm pocket gophers are also threatened by proposed development. Due to its low genetic diversity, isolation, and potential for natural habitat alterations in the future,

T. m. melanops

(Olympic pocket gopher) is susceptible to stochastic events and small population effects such as genetic drift and founder effects. Thus, we assign an LPN of 3 to these subspecies.

Gunnison's prairie dog (

Cynomys gunnisoni

) - This species occurs in Arizona, Colorado, New Mexico, and Utah. However, it is threatened or endangered only in the significant portion of the range in the montane portions of central and south central Colorado and north central New Mexico, and we anticipate that if and when it is listed, only that significant portion of its range will be specified as threatened or endangered. Within this portion of the range, plague has significantly reduced the number and size of populations. Populations within montane habitat have distinct disadvantages in resisting the effects of plague due to a higher abundance of fleas that spread plague, smaller populations that cannot recover in numbers from plague epizootics, and isolated populations that limit the ability to recolonize. Poisoning and shooting continue to be threats to the Gunnison's prairie dog within the montane portion of its range and contribute to the decline of the species when combined with the effects of disease. Agriculture, urbanization, roads, and oil and gas development each currently affect a small percentage of Gunnison's prairie dog habitat. Plague is significantly affecting the remaining small, isolated populations, and plague epizootics can extirpate populations there within a short timeframe (3 to 10 years). We have assigned an LPN of 3 to this species due to imminent threats of a high magnitude in a significant portion of its range.

Palm Springs round-tailed ground squirrel (

Spermophilus tereticaudus chlorus

) -The following summary is based on information contained in our files. No new information was provided in the petition we received on May 11, 2004. The Palm Springs round-tailed ground squirrel is one of four recognized subspecies of round-tailed ground squirrels. This squirrel was believed to be limited in range to the Coachella Valley region of Riverside County, California; however, results of both a morphological study and a genetic study indicate that its range may be substantially larger. Upon receipt of a finalized report detailing the methods and results of the genetic study, the Service will make a determination as to whether listing of

S. t. chlorus

is still warranted. Primary habitat for the Palm Springs round-tailed ground squirrel is the dunes and hummocks associated with

Prosopis glandulosa

var.

torreyana

(honey mesquite) and to a lesser extent those dunes and hummocks associated with

Larrea tridentata

(creosote), or other vegetation. Rapid growth of desert cities such as Palm Springs and Palm Desert in the Coachella Valley has raised concerns about the conservation of the Palm Springs round-tailed ground squirrel. Urban development and drops in the groundwater table have eliminated approximately 90 percent of the honey mesquite in the Coachella Valley. Furthermore, urban development has fragmented habitat occupied by this squirrel thereby isolating populations. The high rate of urban development and associated lowering of the groundwater table that was likely historically responsible for the high losses of honey mesquite sand dune/hummocks habitat continues today. We continue to assign the Palm Springs ground squirrel subspecies an LPN of 3 because the threats are ongoing and are of a high magnitude as they affect a large portion of its range and significantly affect this subspecies' survival.

Southern Idaho ground squirrel (

Spermophilus brunneus endemicus

) - The following summary is based on information contained in our files. No new information was provided in the petition we received on May 11, 2004. The southern Idaho ground squirrel is endemic to four counties in southwest Idaho; its total known range is approximately 425,630 hectares (1,051,752 acres). Threats to southern Idaho ground squirrels include: habitat degradation and fragmentation; direct killing from shooting, trapping, or poisoning; predation; competition with Columbian ground squirrels; and inadequacy of existing regulatory mechanisms. Habitat degradation and fragmentation appear to be the primary threats to the species. Nonnative annuals now dominate much of this species' range, have changed the species composition of vegetation used as forage for the southern Idaho ground squirrel, and have altered the fire regime by accelerating the frequency of wildfire. Habitat deterioration, destruction, and fragmentation contribute to the current patchy distribution of southern Idaho ground squirrels. Based on recent genetic work, southern Idaho ground squirrels are subject to more genetic drift and inbreeding than expected.

Two Candidate Conservation Agreements with Assurances (CCAAs) have been completed for this species in recent years. Both CCAAs include conservation measures that provide additional protection to southern Idaho ground squirrels from recreational shooting and other direct killing on enrolled lands, and also allow the State of Idaho, the Service and BLM to investigate ways of restoring currently degraded habitat. At this time, the acreage enrolled through these two CCAAs is approximately 38,756 hectares (95,767 acres), or 9 percent of the known range. While the ongoing conservation efforts have helped to reduce the magnitude of threats to moderate, habitat degradation remains the primary threat to the species throughout most of its range. This threat is imminent due to the ongoing and increasing prevalence and dominance of nonnative vegetation, and the current patchy distribution of the species. Thus, we assign an LPN of 9 to this subspecies.

Washington ground squirrel (

Spermophilus washingtoni

) - The following summary is based on information contained in our files and in the petition we received on March 2, 2000. The Washington ground squirrel is endemic to the Deschutes-Columbia Plateau sagebrush-steppe and grassland communities in eastern Oregon and south-central Washington. Although widely abundant historically, recent surveys suggest that its current range has contracted toward the center of its historical range. Approximately two-thirds of the Washington ground

squirrel's total historical range has been converted to agricultural and residential uses. The most contiguous, least-disturbed expanse of suitable habitat within the species' range occurs on the privately owned Threemile Canyon Farms and on the Naval Weapons Systems Training Facility near Boardman, Oregon. In Washington, the largest expanse of known suitable habitat occurs on State and Federal lands.

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

Birds

Spotless crake, American Samoa DPS (

Porzana tabuensis

) - The following summary is based on information contained in our files. No new information was provided in the petition we received on May 11, 2004.

Porzana tabuensis

is a small, dark, cryptic rail found in wetlands and rank scrub or forest in the Philippines, Australia, Fiji, Tonga, Society Islands, Marquesas, Independent Samoa, and American Samoa (Ofu, Tau). The genus

Porzana

is widespread in the Pacific, where it is represented by numerous island-endemic and flightless species (many of which are extinct as a result of anthropogenic disturbances) as well as several more cosmopolitan species, including

P. tabuensis

. No subspecies of

P. tabuensis

are recognized. The American Samoa population is the only population of spotless crakes under U.S. jurisdiction. The available information indicates that distinct populations of the spotless crake, a species not noted for long-distance dispersal, are definable. The population of spotless crakes in American Samoa is discrete in relation to the remainder of the species as a whole, which is distributed in widely separated locations. Although the spotless crake (and other rails) have dispersed widely in the Pacific, island rails have tended to reduce or lose their power of flight over evolutionary time and so become isolated (and vulnerable to terrestrial predators such as rats). The population of this species in American Samoa is therefore distinct based on geographic and distributional isolation from spotless crake populations on other islands in the oceanic Pacific, the Philippines, and Australia. The American Samoa population of the spotless crake links the Central and Eastern Pacific portions of the species' range. The loss of this population would result in an increase of roughly 500 miles (805 kilometers) in the distance between the central and eastern Polynesian portions of the spotless crake's range, and could result in the isolation of the Marquesas and Society Islands populations by further limiting the potential for even rare genetic exchange. Based on the discreteness and significance of the American Samoa population of the spotless crake, we consider this population to be a distinct vertebrate population segment.

Threats to this population have not changed over the past year. The population in American Samoa is threatened by small population size, limited distribution, predation by nonnative mammals, continued development of wetland habitat, and natural catastrophes such as hurricanes. The co-occurrence of a known predator of ground-nesting birds, the Norway rat (

Rattus norvegicus

), along with the extremely restricted observed distribution and low numbers, indicate that the magnitude of the threats to the American Samoa DPS of the spotless crake continues to be high, because the threats significantly affect the species survival. The threats are ongoing, and therefore imminent. Based on this assessment of existing information about the imminence and high magnitude of these threats, we assigned the spotless crake an LPN of 3.

Yellow-billed cuckoo, western U.S. DPS (

Coccyzus americanus

) - The following summary is based on information contained in our files and the petition we received on February 9, 1998. See also our 12-month petition finding published on July 25, 2001 (66 FR 38611). The yellow-billed cuckoo (

Coccyzus americanus

) is a medium-sized bird of about 12 inches (30 centimeters) in length with a slender, long-tailed profile and a fairly stout and slightly down-curved bill. Plumage is grayish-brown above and white below, with rufous primary flight feathers with the tail feathers boldly patterned with black and white below. Western cuckoos breed in large blocks of riparian habitats (particularly woodlands with cottonwoods (

Populus fremontii

) and willows (

Salix

sp.). Dense understory foliage appears to be an important factor in nest-site selection, while cottonwood trees are an important foraging habitat in areas where the species has been studied in California. We consider the yellow-billed cuckoos that occur in the western United States as a distinct population segment (DPS). The area for this DPS is generally west of the crest of the Rocky Mountains.

The threats to the yellow-billed cuckoo include habitat loss, overgrazing, and pesticide application. Principal causes of riparian habitat losses are conversion to agricultural and other uses, dams and river flow management, stream channelization and stabilization, and livestock grazing. Available breeding habitats for cuckoos have also been substantially reduced in area and quality by groundwater pumping, and the replacement of native riparian habitats by invasive nonnative plants, particularly salt-cedar (

Tamarisk

sp.). Overuse by livestock has been a major factor in the degradation and modification of riparian habitats in the

western United States. The effects include changes in plant-community structure and species composition and in relative abundance of species and plant density. These changes are often linked to more widespread changes in watershed hydrology. Livestock grazing in riparian habitats typically results in reduction of plant-species diversity and density, especially of palatable broadleaf plants like willows and cottonwood saplings, and is one of the most common causes of riparian degradation. In addition to destruction and degradation of riparian habitats, pesticides may affect cuckoo populations. In areas where riparian habitat borders agricultural lands, e.g., in California's central valley, pesticide use may indirectly affect cuckoos by reducing prey numbers, or by poisoning nestlings if sprayed directly in areas where the birds are nesting. A group comprised of Federal, State, and non-governmental agencies organized by the Service is in the process of completing a range wide conservation assessment and strategy for the Western yellow-billed cuckoo. The assessment is in early stages of development with work beginning on a conservation strategy sometime in 2010. We retained an LPN of 3 for this population of yellow-billed cuckoo; the threats are ongoing and therefore imminent, and they are of a high magnitude, because ongoing habitat degradation significantly affects the survival and reproductive capacity of the DPS rangewide.

Friendly ground-dove, American Samoa DPS (

Gallicolumba stairi

) - The following summary is based on information contained in our files. No new information was provided in the petition we received on May 11, 2004. The genus

Gallicolumba

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

G. stairi

is endemic to Samoa, Tonga, and Fiji. Some authors recognize two subspecies of the friendly ground-dove, one, slightly smaller, in the Samoan archipelago (

G. s. stairi

), and one in Tonga and Fiji (

G. s

.

vitiensis

), but because morphological differences between the two are minimal, we are not recognizing separate subspecies at this time.

In American Samoa, the friendly ground-dove has been found on the islands of Ofu and Olosega (Manua Group). Threats to this subspecies have not changed over the past year. Predation by nonnative species and natural catastrophes such as hurricanes are the primary threats to the subspecies. Of these, predation by nonnative species is thought to be occurring now and likely has been occurring for several decades. This predation may be an important impediment to increasing the population. Predation by introduced species has played a significant role in reducing, limiting, and extirpating populations of island birds, especially ground-nesters, in the Pacific and other locations worldwide. Nonnative predators known or thought to occur in the range of the friendly ground-dove in American Samoa are feral cats (

Felis catus

), Polynesian rats (

Rattus exulans

), black rats (

R. rattus

), and Norway rats (

R. norvegicus

).

In January 2004 and February of 2005, hurricanes virtually destroyed the habitat of

G. stairi

in an area on Olosega Island where the species had been most frequently recorded. Although this species has coexisted with severe storms for millennia, this example illustrates the potential for natural disturbance to exacerbate the effect of anthropogenic disturbance on small populations. Consistent monitoring using a variety of methods over the last 5 years yielded few observations and no change in the the relative abundance of this taxon in American Samoa. The total population size is poorly known, but is unlikely to number more than a few hundred pairs. The distribution of the friendly ground-dove is limited to steep, forested slopes with an open understory and a substrate of fine scree or exposed earth; this habitat is not common in American Samoa. The threats are ongoing and, therefore imminent and the magnitude is moderate because the relative abundance has remained the same for several years. Thus, we assign this subspecies an LPN of 9.

Streaked horned lark (

Eremophila alpestris strigata

) - The following summary is based on information contained in our files. No new information was provided in the petition we received on December 11, 2002. The streaked horned lark occurs in Washington and Oregon, and is thought to be extirpated from British Columbia, Canada. The streaked horned lark nests on bare ground in sparsely vegetated sites in short-grass dominated habitats, such as native prairies, coastal dunes, fallow agricultural fields, seasonal wetlands, moderately to heavily grazed pastures, seasonal mudflats, airports, and dredge deposition sites in and along the tidal reach of the Columbia River. In Washington, surveys show that there are approximately 330 remaining breeding birds. In Oregon, the breeding population is estimated to more than 500 birds.

The streaked horned lark's breeding habitat continues to be threatened by loss and degradation due to conversion of native grasslands to other uses (such as agriculture, homes, recreational areas, and industry), encroachment of woody vegetation, and invasion of nonnative plant species (e.g., Scot's broom, sod-forming grasses, and beachgrasses). Native prairies have been nearly eliminated throughout the range of the species. It is estimated that less than 1 to 3 percent of the native grassland and savanna remains. And those areas that remain have been invaded by nonnative sod-forming grasses. Coastal nesting areas have suffered the same fate. A recent purchase of prairie lands in Washington has secured habitat that would have been developed. Its status as suitable lark nesting habitat is unknown.

Wintering habitats are seemingly few, and are susceptible to unpredictable conversion to unsuitable overwintering habitat, plant succession, and invasion by nonnative plants. Where larks inhabit manmade habitats similar in structure to native prairies (such as airports, military reservations, agricultural fields, and dredge-formed islands), or where they occur adjacent to human habitation, they are subjected to a variety of unintentional human disturbances such as mowing, recreational and military activities, plowing, flooding, and dredge material deposition during the nesting season, as well as intentional disturbances such as at the McChord Air Forece Base (AFB) where falcons and dogs are used to haze birds in order to avoid aircraft collisions. In some areas, however, landowners have taken steps to improve habitat for streaked horned lark nesting.

The magnitude of threat is high due to small populations with low genetic diversity, rapidly declining populations, and patchy and isolated habitats in areas desirable for development, many of which remain unsecured. The threat of invasive plant species is high and constant, aside from a few restoration sites. The numbers of individuals are low and the numbers of populations are few. Overwintering birds are concentrated in larger flocks and subject to unpredictable wintering habitat loss (especially in Oregon), potentially affecting a large portion of the population at one time. In Washington, known populations occur on airports, military bases, coastal beaches, and Columbia River islands, where management, training activities, recreation, and dredge material deposition continue to negatively

impact streaked horned lark breeding and wintering (although current work being conducted by The Nature Conservancy may lessen this last threat). In Oregon, breeding and wintering sites occur on Columbia River islands, in cultivated grass fields, grazed pastures, fallow fields, roadside shoulders, Christmas tree farms, seasonal wetlands, restored wet prairie, and wetland mudflats. Such areas continue to be subject to negative impacts such as dredge material deposition, development, plowing, mowing, pesticide and herbicide applications, trampling, vehicle traffic, and recreation.

Threats are imminent, as a result of continued loss of suitable lark habitat, high nest-predation rates, and low adult survival. Loss of habitat is a result of plans for development on and adjacent to several of its nesting areas, including planned and/or continued expansions of the Fort Lewis Gray Army Airfield West Ramp and the Olympia Airport. Wintering populations are at risk in Oregon due to the manner in which larks gather in large flocks that are vulnerable to stochastic events, and also due to the fact that their wintering habitat occurs on privately owned agricultural lands that are subject to unpredictable conversion. Other ongoing threats include the use of falcons and dogs to haze breeding birds at McChord AFB, the annual Air Force military training Rodeo event on McChord AFB which included firebombing on top of lark nesting habitat, and the Air Expo on McChord AFB. These two events usually occur in alternate years. Based on imminent threats of a high magnitude, we continue to assign an LPN of 3 to this subspecies.

Red knot (

Calidris canutus rufa

) - The following summary is based on information contained in our files and information provided by petitioners. Four petitions to emergency list the red knot have been received: one on August 9, 2004, two others on August 5, 2005, and the most recent on February 27, 2008. The

rufa

subspecies is one of six recognized subspecies of red knot and one of three subspecies occurring in North America. This subspecies makes one of the longest distance migrations known in the animal kingdom, as it travels between breeding areas in the central Canadian Arctic and wintering areas that are primarily in southern South America along the coast of Chile and Argentina. They migrate along the Atlantic coast of the United States, where they may be found from Maine to Florida.

The Delaware Bay area (in Delaware and New Jersey) is the largest known spring migration stopover area, with far fewer migrants congregating elsewhere along the Atlantic coast. The concentration in the Delaware Bay area occurs from the middle of May to early June, corresponding to the spawning season of horseshoe crabs. The knots feed on horseshoe crab eggs, rebuilding energy reserves needed to complete migrations to the Arctic and arrive on the breeding grounds in good condition. In the past, horseshoe crab eggs at Delaware Bay were so numerous that a knot could eat enough in two to three weeks to double its weight.

Surveys at wintering areas and at Delaware Bay during spring migration indicate a substantial decline in the red knot in recent years. At the Delaware Bay area, peak counts between 1982 and 1998 were as high as 95,360 individuals. Counts may vary considerably between years. Some of the fluctuations can be attributed to predator-prey cycles in the breeding grounds, and counts show that knots rebound from such reductions. Research shows that since 1998, a high proportion of red knots leaving the Delaware Bay failed to achieve threshold departure masses needed to fly to breeding grounds and survive an initial few days of snow cover, and this corresponded to reduced annual survival rates and reduced reproductive success. Recently, peak counts at the Delaware Bay area have been lower than in the past and do not show a rebound. The peaks were 13,315 in 2004; 15,345 in 2005; 13,455 in 2006; 12,375 in 2007; and 15,395 in 2008. Counts in recent years at the principal wintering areas in South America also are substantially lower than in the past.

The primary factor threatening the red knot is destruction and modification of its habitat, particularly the reduction in key food resources resulting from reductions in horseshoe crabs, which are harvested primarily for use as bait and secondarily to support a biomedical industry. Commercial harvest increased substantially in the 1990s. Since 1999, a series of timing restrictions and substantially lower harvest quotas have been adopted by the Atlantic States Marine Fisheries Commission (ASMFC), as well as by the States of New Jersey and Delaware. In May 2006, the ASMFC adopted restrictions effective from October 1, 2006, through September 30, 2008, including a prohibition on harvest and landing of horseshoe crabs in New Jersey and Delaware from January 1 through June 7; harvest of males only from June 8 through December 31; and harvest limited to no more than 100,000 horseshoe crabs per State per year. The ASMFC also adopted other restrictions applicable to Maryland and Virginia. In September 2008, the ASMFC Horseshoe Crab Management Board approved an addendum extending harvest restrictions through October 31, 2009. New Jersey established regulations in 2006 which superseded ASMFC restrictions; resulting in a moratorium on all horseshoe crab harvest in New Jersey from May 15, 2006, through June 7, 2008. In March 2008, New Jersey passed legislation imposing an open-ended moratorium on horseshoe crab harvest or landing within the State until such time as the red knot has fully recovered. In February 2007, Delaware imposed a 2-year moratorium, effective January 1, 2007, on harvest of horseshoe crabs within Delaware lands or waters. In June 2007, following litigation by two businesses involved in the harvesting and sale of horseshoe crabs, Delaware's moratorium was overturned. Consequently Delaware developed regulations allowing for a male-only horseshoe crab harvest, consistent with restrictions adopted by ASMFC. In April 2009, the Maryland Department of Natural Resources implemented a 2:1 male to female horseshoe crab harvest ratio within Maryland waters.

The reductions in commercial harvest since 1999 are substantial: In 1999 in Delaware and New Jersey, 726,660 horseshoe crab landings for bait were reported, compared to 173,177 in 2004 and a preliminary 2007 report of 76,663 crabs landed for bait in Delaware and no horseshoe crabs landed in New Jersey as a result of the State-imposed harvest moratorium. However, scientists do not know whether horseshoe crab populations will rebuild or how long a lag time there may be in increased availability of eggs, as the species needs 8-10 years to reach sexual maturity, and other key information for estimating population response is lacking. Surveys in Delaware Bay of horseshoe crab spawning activity following implementation of additional harvest restrictions show that female horseshoe crab spawning activity in Delaware Bay has been stable for the overall period of 1999 through 2007 and male horseshoe crab spawning increased during that period. Spawning was likely suppressed in 2008 by low water temperatures resulting from a coastal storm. Preliminary information for 2009 indicates that a high proportion of red knots at the Delaware Bay stopover attained threshold weight gains and birds left the Delaware Bay stopover in good condition. This weight gain indicates that red knots found sufficient horseshoe crab eggs or alternate forage

resources during the 2009 stopover. However, it remains to be seen if this will be a long-term trend.

The numbers of red knots at key wintering areas in South America remained relatively steady from 2005 through 2007, inspiring some optimism that the declining trend may have ceased or slowed. In 2008, counts of red knots within principal wintering areas showed an all-time low of only 14,800 red knots, but then increased to 17,780 in 2009, similar to numbers found during 2005-2007. Presence of an increased number of juveniles and an overall increase in red knots in principal wintering areas likely indicates a good breeding season in the Arctic in summer 2008. However, the long-term trend of counts of red knots within the principal wintering areas in Chile and Argentina shows a decline of nearly 75 percent from 1985 to 2009.

Other identified threat factors include habitat destruction due to beach erosion and various shoreline protection and stabilization projects that are affecting areas used by migrating knots for foraging, the inadequacy of existing regulatory mechanisms, human disturbance, and competition with other species for limited food resources. Also, the concentration of red knots in the Delaware Bay areas and at a relatively small number of wintering areas makes the species vulnerable to potential large-scale events such as oil spills or severe weather. Overall, we conclude that the threats, in particular the modification of habitat through harvesting of horseshoe crabs, are severe enough to put the viability of the knot at substantial risk and is therefore of a high magnitude. The threats are currently occurring, and therefore imminent because of continuing suppressed horseshoe-crab-egg forage conditions for red knot within the Delaware Bay stopover. Based on imminent threats of a high magnitude, we retain an LPN of 3 for this species.

Yellow-billed loon (

Gavia adamsii

) - The following summary is based on information contained in our files and the petition we received on April 5, 2004. The yellow-billed loon is a migratory bird with solitary pairs breeding on lakes in the arctic tundra of the United States, Russia, and Canada from June to September. During the remainder of the year, the species winters in more southern coastal waters of the Pacific Ocean and the Norway and North Seas. During most of the year, individual yellow-billed loons are so widely dispersed that high adult mortality from any single factor is unlikely. However, during migration, yellow-billed loons are more concentrated and are subject to subsistence harvest that at current levels appears to be unsustainable, based on the best available information; the population could decline substantially if such harvest continues. Future subsistence harvests in Alaska, by themselves, constitute a threat to the species rangewide. This subsistence harvest is occurring despite the species being closed to hunting under the Migratory Bird Treaty Act. In addition, up to several hundred yellow-billed loons may be taken annually on Russian breeding grounds, and small numbers of yellow-billed loons are reported in harvests in other areas in Alaska outside of the subsistence harvet area and in Canada. Other risk factors evaluated, including oil and gas development (i.e., disturbance, changes in freshwater chemistry and pollutant loads, and changes in freshwater hydrology); pollution; overfishing; climate change; vessel traffic; commercial- and subsistence-fishery bycatch; and contaminants other than those associated with oil and gas, were not found to be threats to the species. Although these other risk factors may not rise to the level of a threat individually, when taken collectively with the effects of subsistence hunting in other areas, they may reduce the rangewide population even further. One or more of the threats discussed above is occurring throughout the range of the yellow-billed loon, either in its breeding or wintering grounds, or during migration; therefore, the threats are imminent. The magnitude of the primary threat to the species, subsistence harvest, is moderate. Although subsistence harvest is ongoing, the numbers taken have varied substantially between years. Thus, we assigned the yellow-billed loon an LPN of 8.

Kittlitz's murrelet (

Brachyramphus brevirostris

) - The following summary is based on information contained in our files and the petition we received on May 9, 2001. Kittlitz's murrelet is a small diving seabird whose entire North American population, and most of the world's population, inhabits Alaskan coastal waters discontinuously from Point Lay south to northern portions of Southeast Alaska. Kittlitz's murrelets are associated with tidewater glaciers. The current population estimate for Kittlitz's murrelets in Alaska is approximately 19,578 birds. Kittlitz's murrelets in Alaska have declined at a rate of up to 18 percent per year from 1989 to 2000 and new survey information supports and strengthens the negative population trend estimates that have been previously reported.

Threats to Kittlitz's murrelets include large-scale processes such as global climate change and marine climate regime shift. These large-scale processes may influence Kittlitz's murrelet survival and reproduction. Glacial retreat, a global phenomenon that affects many of the glaciers where Kittlitz's murrelets are found, is associated with changing forage fish availability and may result in increased predation. Other ongoing threats include oil spills, bycatch in commercial gillnet fisheries, and disturbance by tour boats. Kittlitz's murrelets are believed to have been seriously affected by the

Exxon Valdez

oil spill in Prince William Sound in 1989. Catastrophic events such as oil spills could have a significant negative effect on the population of this already diminished species. Susceptibility to mortality as bycatch in commercial fishing could be a significant factor in their population decline; Kittlitz's murrelets are caught in gillnets in numbers disproportionate to their density. Tour boat visitation to glacial fjords is a growing industry, and this activity may increasingly disrupt Kittlitz's murrelet feeding behavior; tour boats may also provide artificial perch sites for avian predators.

Based on the observed population trajectory and the severity of ongoing threats (rapid glacial retreat, acute and chronic oil spills, commercial gillnet fishing, and human disturbance from tour boats), the threats to this species are high in magnitude and imminent. Therefore, we assigned an LPN of 2 to this species.

Xantus's murrelet (

Synthliboramphus hypoleucus

) - The following summary is based on information contained in our files and the petition we received on April 16, 2002. The Xantus's murrelet is a small seabird in the Alcid family that occurs along the west coast of North America in the United States and Mexico. The species has a limited breeding distribution, nesting only on the Channel Islands in southern California and on islands off the west coast of Baja California, Mexico. Although data on population trends are scarce, the population is suspected to have declined greatly over the last century, mainly due to introduced predators such as rats (

Rattus

sp.) and feral cats (

Felis catus

) to nesting islands, with possible extirpations on three islands in Mexico. A dramatic decline (up to 70 percent) from 1977 to 1991 was detected at the largest nesting colony in southern California, possibly due to high levels of predation on eggs by the endemic deer mouse (

Peromyscus

maniculatus elusus

). Identified threats include introduced predators at nesting colonies, oil spills and oil pollution, reduced prey availability, human disturbance, and artificial light pollution.

Although substantial declines in the Xantus's murrelet population likely occurred over the last century, some of the largest threats are being addressed, and, to some degree, ameliorated. Declines and possible extirpations at several nesting colonies were thought to have been caused by nonnative predators, which have been removed from many of the islands where they once occurred. Most notably, since 1994, Island Conservation and Ecology Group has systematically removed rats, cats, and dogs from every murrelet nesting colony in Mexico, with the exception of cats and dogs on Guadalupe Island. In 2002, rats were eradicated from Anacapa Island in southern California, which has resulted in improvements in reproductive success at that island. In southern California, there are also plans to remove rats from San Miguel Island, and to restore nesting habitat on Santa Barbara Island through the Montrose Settlements Restoration Project, which may benefit the Xantus's murrelet population at those islands.

Artificial lighting from squid fishing and other vessels, or lights on islands, remains a potential threat to the species. Bright lights make Xantus's murrelets more susceptible to predation, and they can also become disoriented and exhausted from continual attraction to bright lights. Chicks can become disoriented and separated from their parents at sea, which could result in death of the dependent chicks. High-wattage lighting on commercial market squid (

Loligo opalescens

) fishing vessels used at night to attract squid to the surface of the water in the Channel Islands was the suspected cause of unusually high predation on Xantus's murrelets by western gulls and barn owls at Santa Barbara Island in 1999. To address this threat, in 2000, the California Fish and Game Commission required light shields and a limit of 30,000 watts per boat; it is unknown if this is sufficient to reduce impacts. While squid fishing has not occurred at a particularly noticeable level near any of the colonies in the Channel Islands since 1999, this remains a potential future threat.

A proposal to build three liquid natural gas facilities near the Channel Islands could cause impacts to the nesting colonies. Although, none of these facilities would be directly adjacent to nesting colonies where their impacts would be expected to be more significant, these facilities would include bright lights at night and lights from visiting tanker vessels, noise from the facilities and from helicopters visiting the facilities, and potential oil spills associated with visiting tanker vessels. However, these facilities are early in complex and long-term planning processes, and it is possible that none of these facilities will be built.

In summary, the remaining threats to the species are of high magnitude since they have the potential to result in mortality for a large portion of the species' range. However, the threats are nonimminent since they are not currently occurring at most of the murrelet nesting sites. Therefore, we retained an LPN of 5 for this species.

Lesser prairie-chicken (

Tympanuchus pallidicinctus

) - The following summary is based on information contained in our files and the petition received on October 5, 1995. Additional information can be found in the 12-month finding published on June 7, 1998 (63 FR 31400). Biologists estimate that the occupied range has declined by 92 percent since the 1800s. The most serious threats to the lesser prairie-chicken are loss of habitat from conversion of native rangelands to introduced forages and cultivation, conversion of suitable restored habitat in the Conservation Reserve Program to cropland, cumulative habitat degradation caused by severe grazing

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