# Endangered and Threatened Wildlife and Plants; Partial 90-Day Finding on a Petition to List 475 Species in the Southwestern United States as Threatened or Endangered with Critical Habitat

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URL: https://www.frixlaw.com/law-library/documents/fr%3AE9-29699

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** December 16, 2009
- **Citation:** 74 FR 66866

## Text

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2008-0130]
[92210-1111-0000-B2]
Endangered and Threatened Wildlife and Plants; Partial 90-Day Finding on a Petition to List 475 Species in the Southwestern United States as Threatened or Endangered with Critical Habitat

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Notice of 90-day petition finding.

SUMMARY:

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on 192 species from a petition to list 475 species in the southwestern United States as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). For 125 of the 192 species, we find that the petition did not present substantial information indicating that listing may be warranted. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing may be warranted for 67 of the 192 species. Therefore, with the publication of this notice, we are initiating a status review of the 67 species to determine if listing is warranted. To ensure that the status review is comprehensive, we are requesting scientific and commercial data and other information regarding these 67 species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in the Act.

DATES:

To allow us adequate time to conduct a status review, we request that we receive information on or before February 16, 2010. After this date, you must submit information directly to the Southwest Regional Ecological Services Office (see
FOR FURTHER INFORMATION CONTACT
section below). Please note that we may not be able to address or incorporate information that we receive after the above requested date.

ADDRESSES:

You may submit information by one of the following methods:

• Federal rulemaking Portal:
http://www.regulations.gov
. Search for Docket no. FWS-R2-ES-2008-0130 and then follow the instructions for submitting comments.

• U.S. Mail or hand delivery: Public Comments Processing, Attn: FWS-R6-ES-2008-0131; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203.

We will post all information received on
http://www.regulations.gov
. This generally means that we will post any personal information you provide us (see the
Request for

Information
section below for more information).

FOR FURTHER INFORMATION CONTACT:

Nancy Gloman, Assistant Regional Director, Southwest Regional Ecological Services Office, 500 Gold Avenue SW, Albuquerque, NM 87102; telephone 505/248-6920; facsimile 505/248-6788. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Request for Information

When we make a finding that a petition presents substantial information indicating that listing a species may be warranted, we are required to promptly review the status of the species (status review). For the status review to be complete and based on the best available scientific and commercial information, we request information on each of the 67 species from governmental agencies, Native American Tribes, the scientific community, industry, and any other interested parties. For each of the 67 species, we seek information on:

(1) The species' biology, range, and population trends, including:

(a) Habitat requirements for feeding, breeding, and sheltering;

(b) Genetics and taxonomy;

(c) Historical and current range including distribution patterns;

(d) Historical and current population levels, and current and projected trends; and

(e) Past and ongoing conservation measures for the species or its habitat.

(2) The five factors that are the basis for making a listing determination for a species under section 4(a) of the Act (16 U.S.C. 1531
et seq.
), which are:

(a) The present or threatened destruction, modification, or curtailment of its habitat or range;

(b) Overutilization for commercial, recreational, scientific, or educational purposes;

(c) Disease or predation;

(d) The inadequacy of existing regulatory mechanisms; or

(e) Other natural or manmade factors affecting its continued existence.

Please include sufficient information with your submission (such as full references) to allow us to verify any scientific or commercial information you include.

If, after the status review, we determine that listing any of the 67 species is warranted, we will propose critical habitat (see definition in section 3(5)(A) of the Act) to the maximum extent prudent and determinable at the time we propose to list the species. Therefore, within the geographical range currently occupied by each of these 67 species, we request data and information on:

(1) what may constitute “physical or biological features essential to the conservation of the species”;

(2) where these features are currently found; and

(3) whether any of these features may require special management considerations or protection.

In addition, we request data and information on “specific areas outside the geographical area occupied by the species” that are “essential to the conservation of the species.” Please provide specific comments and information as to what, if any, critical habitat you think we should propose for designation if the species is proposed for listing, and why such habitat meets the requirements of section 3(5)(A) and section 4(b) of the Act.

Submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination. Section 4(b)(1)(A) of the Act of 1973, as amended (Act) (16 U.S.C. 1533 (b)(1)(A)) directs that determinations as to whether any species is an endangered or threatened species must be made “solely on the basis of the best scientific and commercial data available.”

You may submit your information concerning this status review by one of the methods listed in the
ADDRESSES
section. If you submit information via
http://www.regulations.gov
, your entire submission—including any personal identifying information—will be posted on the website. If you submit a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on
http://www.regulations.gov
.

Information and supporting documentation that we received and used in preparing this finding will be available for you to review at
http://www.regulations.gov
, or you may make an appointment during normal business hours at the U.S. Fish and Wildlife

Service, Southwest Regional Ecological Services Office (see
FOR FURTHER INFORMATION CONTACT
).

Background

Section 4(b)(3)(A) of the Act requires that we make a finding on whether a petition to list, delist, or reclassify a species presents substantial scientific or commercial information indicating that a petitioned action may be warranted. We are to base this finding on information provided in the petition, supporting information submitted with the petition, and information otherwise readily available in our files. To the maximum extent practicable, we are to make this finding within 90 days of our receipt of the petition and publish our notice of this finding promptly in the
Federal Register
.

Our standard for substantial information within the Code of Federal Regulations (CFR) with regard to a 90-day petition finding is “that amount of information that would lead a reasonable person to believe that the measure proposed in the petition may be warranted (50 CFR 424.14(b)).” If we find that substantial scientific or commercial information was presented, we are required to promptly commence a status review of the species, which is subsequently summarized in our 12-month finding.

Petition History

On June 25, 2007, we received a formal petition dated June 18, 2007, from Forest Guardians (now WildEarth Guardians), requesting that we, the U.S. Fish and Wildlife Service (Service), do the following (1) Consider all full species in our Southwest Region ranked as G1 or G1G2 by the organization NatureServe, except those that are currently listed, as proposed for listing, or candidates for listing; and (2) list each species under the Act as either endangered or threatened with critical habitat. The petitioner incorporated all analyses, references, and documentation provided by NatureServe in its online database at
http://www.natureserve.org/
into the petition. The petition clearly identified itself as a petition and included the appropriate identification information, as required in 50 CFR 424.14(a). We sent a letter to the petitioner dated July 11, 2007, acknowledging receipt of the petition and stating that the petition was under review by staff in our Southwest Regional Office.

We received an additional petition on October 15, 2008, from WildEarth Guardians, dated October 9, 2008, requesting that we list
Pediomelum pentaphyllum
(Chihuahua scurfpea) as threatened or endangered, and that we designate critical habitat concurrently with the listing. The petition clearly identified itself as a petition and included the information required in 50 CFR 424.14(a). We acknowledged receipt of the petition in a letter dated November 26, 2008.
Pediomelum pentaphyllum
was also included in the June 18, 2007, petition. This finding will evaluate information in both petitions concerning
P. pentaphyllum.

On March 19, 2008, WildEarth Guardians filed a complaint indicating that the Service failed to comply with its mandatory duty to make a preliminary 90-day finding on the June 18, 2007, petition to list 475 southwest species. We subsequently published an initial 90-day finding for 270 of the 475 petitioned species on January 6, 2009, concluding that the petition did not present substantial information that listing of those species may be warranted (74 FR 419). On March 13, 2009, the Service and WildEarth Guardians filed a stipulated settlement agreement, agreeing that the Service would submit to the
Federal Register
a finding as to whether WildEarth Guardians' petition presents substantial information indicating that the petitioned action may be warranted for the remaining southwestern species by December 9, 2009. This finding, together with the 90-day finding on petitions to list nine Texas mussels (completed separately, and submitted to the
Federal Register
also on December 9, 2009), meets that portion of the settlement.

The 2007 petition included a list of 475 species. One species, Salina mucket (
Potamilus metnecktayi
), is also known by the scientific name
Disconaias salinasensis
; we were petitioned to list the species under both scientific names. The species files in NatureServe for these two names are identical. For the remainder of our review we used the name
P. metnecktayi
; therefore, we reviewed only 474 actual species files.

Because the petition requested that we consider all species from the list that were not currently listed, proposed for listing, or candidates for listing, an additional 5 of the 474 petitioned species were not included in the review because these species are either currently listed or are candidates for listing. Quitobaquito pupfish (
Cyprinodon eremus
) is currently listed as endangered under the name desert pupfish (
Cyprinodon macularius eremus
). In Arizona, this family was historically represented by two recognized subspecies,
C. m. macularius
and
C. m. eremus
, and an undescribed species, the Monkey Spring pupfish. Minckley
et al.
(2002, p. 701) raised
C. m. eremus
to a full species,
C. eremus
. The species is listed as endangered throughout its range, so we did not consider it as part of this petition.

Ramsey Canyon leopard frog (
Rana subaquavocalis
) is no longer recognized as a distinct species (Crother 2008, p. 7). Rather, it is considered to be synonymous with the Chiricahua leopard frog (
Lithobates
[=Rana]
chiricahuensis
). The Chiricahua leopard frog is listed as threatened throughout its range, and any populations formerly known as Ramsey Canyon leopard frog are thus now listed as threatened.

On December 13, 2007, we made a 12-month finding that the Jollyville Plateau salamander (
Eurycea tonkawae
) warrants listing, but that listing is precluded by higher listing priorities (72 FR 71040), thus rendering the species to candidate status. Similarly, on December 6, 2007, we published our annual review of native species that are candidates for listing as endangered or threatened (72 FR 69034), in which we made the San Bernardino springsnail (
Pyrgulopsis bernardina
) a candidate species. Finally, on December 10, 2008, we made
Sphaeralcea gierischii
(Gierisch mallow) a candidate species in the annual review of candidate species (73 FR 75175). Because these five entities—Quitobaquito pupfish, Ramsey Canyon leopard frog, Jollyville Plateau salamander, San Bernardino springsnail, and
Sphaeralcea gierischii
—are currently listed or are candidates for listing, and we were petitioned to list species that are not listed or candidates, they were not evaluated as part of this petition.

Agave arizonica
(Arizona agave) was recently delisted (71 FR 35195; June 19, 2006) because it was determined to be a product of hybridization and therefore not a listable entity. No new information was presented in the petition for
A. arizonica
beyond that reviewed in the June 19, 2006, delisting rule (71 FR 35195), thus
A. arizonica
was not evaluated as part of the petition. After eliminating review of Quitobaquito pupfish, Ramsey Canyon leopard frog, Jollyville Plateau salamander, San Bernardino springsnail,
Sphaeralcea gierischii,
and
A. arizonica
, there were 468 species files to continue with our review in the NatureServe database.

A total of 277 of the petitioned species were or will be addressed in other findings. As discussed above, 270 species were addressed in our January 6, 2009, finding (74 FR 419). Three additional species—
Camissoria exilis
(Cottonwood Spring suncup),
Cryptantha semiglabra
(Pipe Springs crypantha), and
Lesquerella navajoensis
(Navajo bladderpod)—were addressed

in a separate 90-day finding on a petition to list 206 species in the Midwest and western United States (August 18, 2009; 74 FR 41649). Four additional species which were not addressed in an earlier finding and are not included in this finding—golden orb (
Quadrula aurea
), Texas fatmucket (
Lampsilis bracteata
), Texas heelsplitter (
Potamilus amphichaenus
), and Salina mucket (
Potamilus metnecktayi
)—will be addressed in one or more additional 90-day findings in the future. Although we are not making a finding on the remaining four species at this time, the lack of inclusion of those species in this finding does not imply that we are making or will make a positive finding on any or all of the remaining species.

Finally, based on a review of our January 6, 2009, 90-day finding (74 FR 419), we are re-evaluating the information presented in the petition and readily available in our files regarding
Donrichardsia macroneuron
in this finding. Thus, this finding addresses 192 of the 475 petitioned southwest species.

Species Information

The petitioners presented two tables that collectively listed the 475 species for consideration and requested that the Service incorporate all analyses, references, and documentation provided by NatureServe in its online database into the petition. The information presented by NatureServe (
http://www.natureserve.org/explorer/
) is considered to be a reputable source of information on taxonomy and distribution. However, NatureServe indicates on its website that information in the database is not intended for determining whether species are warranted for listing under the Act, and we found that the information presented was limited in its usefulness for this process. The threat information presented by NatureServe in many cases is minimal. NatureServe was limited in usefulness when the information presented did not identify one or more threats, did not link the threats to the species or the habitats occupied by the species, or did not reasonably indicate how the threats may impact the species' status.

We accessed the NatureServe database on July 5, 2007. We saved electronic and hard-copies of each species file and used this information, including references cited within these files, during our review. Therefore, all information we used from the species files in NatureServe was current to that date. All of the petitioned species were ranked by NatureServe as G1 (critically imperiled) or G1G2 (between critically imperiled and imperiled).

We followed regulations at 50 CFR 424.14(b) in evaluating the information presented in the petition. 50 CFR 424.14(b)(1) provides that the Service must consider whether the petition has presented substantial information indicating to a reasonable person that the petitioned action may be warranted. 50 CFR 424.14(b)(2) requires that the petition provide a narrative justification describing past and present numbers and distribution, and any threats faced by the species. The petition is also required to provide appropriate supporting documentation—references, publications, reports, or letters from authorities, and maps.

We reviewed all references cited in the NatureServe database species files that were available to us. For some species in NatureServe, there is a “Local Programs” link to the websites of the State programs that contribute information to NatureServe. Where information was available from these State programs specific to the species in question, we accepted the assertions and opinions of the State programs for the purposes of this 90-day finding, because these programs have primary management responsibility for non-federally listed species. These State programs' websites were accessed after 2007 when we downloaded the species files from NatureServe. We also reviewed information in references cited in NatureServe that were available on the Internet and in local libraries, and other information readily available in our files directly relevant to the information raised in the petition.

Following review of the available information, we separated the 192 remaining species reviewed in this finding into categories based on the level of information found. The first category, titled Category A in Table 1, has only minimal information about each species, and in some cases no more information than the name of the species. Category A contains 45 species. An example of a species in this category that had minimal information is a caddisfly with no common name,
Hydroptila protera
. The NatureServe file for this species names the species and states that it occurs in undetermined sites in Oklahoma and Texas. The file provides two references. The first, Blickle (1979), contains no information on threats to the species, but provides illustrations of various species within the same genus and in others. The second, Clemson University Department of Entomology (2002), provides only taxonomic information for the species. The magnitude and type of information provided for other species in this category was similar in nature, or was largely taxonomic with little location information.

Occasionally, generic information was presented in the NatureServe species files for species we placed in Category A, such as for the class or family the species belongs to, but not specific information on the individual species. The references were taxonomic in nature or simply checklists (lists of species, for example Common and Scientific Names of Fishes from the United States and Canada (Robins
et al.
1991)) or taxonomic keys (which provide anatomical characteristics for identification of species) and did not address threats to the species. An example that illustrates the type of generic information that was presented for such species in Category A is Guadalupe woodlandsnail (
Ashmunella carlsbadensis
). The NatureServe file for this species states the name of the species and lists two references. The first is an annotated checklist of New Mexico land snails (Metcalf and Smartt 1988). The second is a checklist of names of aquatic invertebrates from the United States and Canada (Turgeon
et al.
1998). The file contains no other information specific to the Guadalupe woodlandsnail. The file does describe the basic biology of terrestrial snails (pulmonates) in general stating “terrestrial gastropods do not move much usually only to find food or reproduce” and “as a whole, pulmonates (previously Subclass Pulmonata) are better dispersers than prosobranchs (previously Subclass Prosobranchia) possibly due to their hermaphroditic reproduction increasing the chance of new colonization.” Identical language was used in other NatureServe files for terrestrial snail species, and no specific information was provided about the species or threats to the species or its habitat.

The information we reviewed for the species in Category B contained basic information on the range of the species based on some level of survey effort. Habitat type was frequently mentioned as well as other aspects of the species' biology, such as food habitats. Population size or abundance, if addressed, was rarely quantified, and NatureServe (2007) instead used descriptors such as large, small, or numerous. The available information we reviewed did not address specific threats to the species. Category B contains 29 species.

An example of the type of information we found for species in Category B is illustrated by
Opuntia aureispina
(golden-spined prickly-pear). The

NatureServe file for
O. aureispina
provides two references. The first describes the physical characteristics of cacti of Big Bend National Park (Heil and Brack 1988). The second is a checklist of the vascular flora of the United States, Canada, and Greenland (Kartesz 1994). Neither article addresses threats to
O. aureispina
. The NatureServe file for this species states that the species is known from one small area of Big Bend National Park in Brewster County, Texas, and that it inhabits limestone slabs and fractured limestone rocks in shrublands in low elevations near the Rio Grande. The NatureServe file for this species does not address threats or the global protection status for this species. This information is typical for the species in Category B.

Table 1. Species for which threat information was not provided in the petition or readily available in our files.

Category
Scientific Name
Common Name
Range
Group

A

Ashmunella carlsbadensis

Guadelupe Woodlandsnail
NM, TX
Snail

A

Holospira yucatanensis

Bartsch Holospira
TX
Snail

A

Humboldtiana edithae

Boulder Slide Threeband
TX
Snail

A

Pseudosubulina cheatumi

Chisos Foxsnail
TX
Snail

A

Marstonia comalensis

Comal Siltsnail
TX
Snail

A

Radiocentrum ferrissi

Fringed Mountainsnail
NM
Snail

A

Euglandina texasiana

Glossy Wolfsnail
TX
Snail

A

Holospira hamiltoni

Hamilton Holospira
TX
Snail

A

Daedalochila hippocrepis

Horseshoe Liptooth
TX
Snail

A

Holospira oritis

Mountain Holospira
TX
Snail

A

Holospira pityis

Pinecone Holospira
TX
Snail

A

Holospira riograndensis

Rio Grande Holospira
TX
Snail

A

Holospira pasonis

Robust Holospira
TX
Snail

A

Helicodiscus nummus

Wax Coil
AR, OK, TX
Snail

A

Holospira mesolia

Widemouth Holospira
TX
Snail

A

Microdynerus arenicolus

Antioch Potter Wasp
AZ,CA,NV
Insect

A

Hydroptila protera

Caddisfly
OK, TX
Insect

A

Ptomaphagus cocytus

Cave Obligate Beetle
AZ
Insect

A

Oncopodura prietoi

Cave Obligate Springtail
NM
Insect

A

Pseudosinella vita

Cave Obligate Springtail
NM
Insect

A

Tomocerus grahami

Cave Obligate Springtail
NM
Insect

A

Afilia sp. 1

Notodontid Moth
TX
Insect

A

Hydroptila ouachita

Purse Casemaker Caddisfly
LA, TX
Insect

A

Melanoplus sp. 9

Grasshopper
TX
Insect

A

Melanoplus sp. 22

Grasshopper
TX
Insect

A

Melanoplus sp. 26

Grasshopper
TX
Insect

A

Melanoplus sp. 36

Grasshopper
TX
Insect

A

Melanoplus sp. 48

Grasshopper
NM
Insect

A

Melanoplus sp. 52

Grasshopper
AZ
Insect

A

Melanoplus sp. 62

Grasshopper
TX
Insect

A

Ceuthothrombium cavaticum

Cave Obligate Mite
NM
Arachnid

A

Albiorix anophthalmus

Cave Obligate Pseudoscorpion
AZ
Arachnid

A

Aphrastochthonius pachysetus

Cave Obligate Pseudoscorpion
NM
Arachnid

A

Chitrellina chiricahuae

Cave Obligate Pseudoscorpion
AZ
Arachnid

A

Neoleptoneta anopica

Cave Obligate Spider
TX
Arachnid

A

Procambarus texanus

Bastrop Crayfish
TX
Crustacean

A

Holsingerius samacos

Cave Obligate Amphipod
TX
Crustacean

A

Texiweckelia relicta

Cave Obligate Amphipod
TX
Crustacean

A

Palaemonetes holthuisi

Cave Obligate Decapod
TX
Crustacean

A

Amergoniscus centralis

Cave Obligate Isopod
OK
Crustacean

A

Amergoniscus gipsocolus

Cave Obligate Isopod
TX
Crustacean

A

Sphaeromicola moria

Cave Obligate Shrimp
TX
Crustacean

A

Fryxellia pygmaea

Fryxell's Pygmy Mallow
TX
Flowering Plant

A

Quercus acerifolia

Mapleleaf Oak
AR, OK
Flowering Plant

A

Xanthoparmelia planilobata

Lichen (no common name)
NM
Lichen

B

Eurycea sp. 6

Pedernales River Springs Salamander
TX
Amphibian

B

Sonorella papagorum

Black Mountain Talussnail
AZ, NM
Snail

B

Sonorella christenseni

Clark Peak Talussnail
AZ, NM
Snail

B

Sonorella huecoensis

Hueco Mountains Talus Snail
TX
Snail

B

Sonorella sp. 1

Terrestrial Snail
NM
Snail

B

Limnephilus adapus

Caddisfly
TX
Insect

B

Comaldessus stygius

Comal Springs Diving Beetle
TX
Insect

B

Protoptila arca

San Marcos Saddle-case Caddisfly
TX
Insect

B

Sphinx smithi

Sphinx Moth (no common name)
AZ, Mexico
Insect

B

Stygobromus limbus

Border Cave Amphipod
TX
Crustacean

B

Procambarus brazoriensis

Brazoria Crayfish
TX
Crustacean

B

Paramexiweckelia ruffoi

Ruffo's Cave Amphipod
TX
Crustacean

B

Adenophyllum wrightii

Wright's Dogweed
AZ, NM
Flowering Plant

B

Berberis harrisoniana

Kofka Barberry
AZ, CA
Flowering Plant

B

Carex mckittrickensis

Guadalupe Mountain Sedge
TX
Flowering Plant

B

Cooperia smallii

Small's Rainlily
TX
Flowering Plant

B

Hedyotis pooleana

Jackie's Bluet
TX
Flowering Plant

B

Echeandia texensis

Craglily (no common name)
TX
Flowering Plant

B

Opuntia aureispina

Golden-spined Prickly-pear
TX
Flowering Plant

B

Opuntia densispina

Big Bend Prickly-pear
TX
Flowering Plant

B

Perityle cochisensis

Cochise Rockdaisy
AZ
Flowering Plant

B

Quercus boytonii

Boynton's Sand Post Oak
AL, TX
Flowering Plant

B

Quercus tardifolia

Chisos Mountains Oak
TX
Flowering Plant

B

Quercus robusta

Robust Oak
TX
Flowering Plant

B

Selinocarpus maloneanus

Malone Mountains Moonpod
TX
Flowering Plant

B

Senna ripleyana

Ripley's Senna
TX
Flowering Plant

B

Solanum leptosepalum

Tigna Potato
TX
Flowering Plant

B

Stellaria porsildii

Porsild's Starwort
AZ, NM
Flowering Plant

B

Yucca necopina

Brazos River Yucca
TX
Flowering Plant

The information we reviewed for the remaining 118 species included some discussion of one or more potential threats. Each of these species, which are listed in Tables 2 and 3 below, is discussed more thoroughly in the
“Five-Factor Evaluation”
section below.

Table 2. Species for which threat information was presented, but for which the information presented in the petition and otherwise readily available was not substantial.

Scientific Name
Common Name
Range
Group

Geomys streckeri

Strecker's Pocket Gopher
TX
Mammal

Ashmunella mearnsii

Big Hatchet Woodlandsnail
NM
Snail

Pyrgulopsis simplex

Fossil Springsnail
AZ
Snail

Ashmunella hebardi

Hacheta Grande Woodlandsnail
NM
Snail

Sonorella pedregosensis

Leslie Canyon Talussnail
AZ
Snail

Pyrgulopsis davisi

Limpia Creek Springsnail
TX
Snail

Pyrgulopsis montezumensis

Montezuma Well Springsnail
AZ
Snail

Pyrgulopsis metcalfi

Naegele Springsnail
TX
Snail

Ashmunella kochi

San Andreas Woodlandsnail
NM
Snail

Adhemarius blanchardorum

Blanchard's Sphinx Moth
TX
Insect

Phylocentropus harrisi

Caddisfly (no common name)
AL, FL, TX
Insect

Apodemia chisosensis

Chisos Metalmark
TX
Insect

Stallingsia maculosus

Manfreda Giant-skipper
TX, Mexico
Insect

Lachlania dencyannae

Mayfly (no common name)
NM
Insect

Euhyparpax rosea

Notodontid Moth (no common name)
CO, NM
Insect

Ursia sp. 1

Notodontid Moth (no common name)
TX
Insect

Cylloepus parkeri

Parker's Cylloepus Riffle Beetle
AZ
Insect

Automeris patagoniensis

Patagonia Eyed Silkmoth
AZ
Insect

Sphingicampa raspa

Royal Moth (no common name)
AZ, TX
Insect

Sphinx eremitoides

Sage Sphinx
CO, KA, NM, TX
Insect

Thymoites minero

Cave Obligate Spider (no common name)
AZ
Arachnid

Procambarus nigrocinctus

Blackbelted Crayfish
TX
Crustacean

Procambarus nechesae

Neches Crayfish
TX
Crustacean

Streptocephalus moorei

Spinythumb Fairy Shrimp
NM, Mexico
Crustacean

Arenaria livermorensis

Livermore Sandwort
TX
Flowering Plant

Argemone arizonica

Arizona Prickle-poppy
AZ
Flowering Plant

Batesimalva violacea

Purple Gay-mallow
TX, Mexico
Flowering Plant

Bonamia ovalifolia

Bigpod Bonamia
TX, Mexico
Flowering Plant

Bouteloua kayi

Kay Gramma
TX
Flowering Plant

Cryptantha ganderi

Gander's Cryptantha
AZ, CA, Mexico
Flowering Plant

Dalea bartonii

Cox's Dalea
TX
Flowering Plant

Dalea tentaculoides

Gentry's Indigobush
AZ
Flowering Plant

Eleocharis cylindrica

Cylinder Spikerush
NM, TX
Flowering Plant

Erigeron acomanus

Acoma Fleabane
NM
Flowering Plant

Erigeron bistiensis

Bisti Fleabane
NM
Flowering Plant

Escobaria guadalupensis

Guadalupe Pincushion Cactus
NM, TX
Flowering Plant

Euphorbia aaron-rossii

Marble Canyon Spurge
AZ
Flowering Plant

Glossopetalon texense

Texas Grease Bush
TX
Flowering Plant

Kallstroemia perennans

Perennial Caltrop
TX
Flowering Plant

Pediomelum humile

Rydberg's Scurfpea
TX, Mexico
Flowering Plant

Perityle huecoensis

Hueco Mountains Rockdaisy
TX, Mexico
Flowering Plant

Perityle saxicola

Fish Creek Rock Daisy
AZ
Flowering Plant

Perityle warnockii

River Rockdaisy
TX
Flowering Plant

Quercus graciliformis

Slender Oak
TX, Mexico
Flowering Plant

Rhododon angulatus

Lonestar Sand-mint
TX
Flowering Plant

Sophora gypsophila

Gypsum Necklace
NM, TX
Flowering Plant

Valerianella nuttallii

Nuttall's Corn-salad
AR, OK
Flowering Plant

Grimmia americana

Moss (no common name)
AZ, NV, TX
Fern Ally

Riccia californica

Moss (no common name)
CA, OR, TX
Fern Ally

Acarospora clauzadeana

Lichen (no common name)
NM, Mexico, Spain
Lichen

Omphalora arizonica

Lichen (no common name)
AZ, CO, NM
Lichen

Table 3. Species for which information in the petition and otherwise readily available is substantial and indicates that listing as threatened or endangered may be warranted.

Scientific name
Common Name
Range
Group

Aspidoscelis arizonae

Arizona Striped Whiptail
AZ
Reptile

Notophthalmus meridionalis

Black-spotted Newt
TX, Mexico
Amphibian

Eurycea robusta

Blanco Blind Salamander
TX
Amphibian

Eurycea tridentifera

Comal Blind Salamander
TX
Amphibian

Eurycea sp. 8

Comal Springs Salamander
TX
Amphibian

Eurycea neotenes

Texas Salamander
TX
Amphibian

Macrhybopsis tetranema

Arkansas River Speckled Chub
CO, KA, NM, OK, TX
Fish

Ictalurus sp. 1

Chihuahua Catfish
TX
Fish

Cyprinella sp. 2

Nueces Shiner
TX
Fish

Cyprinodon pecosensis

Pecos pupfish
NM, TX
Fish

Cyprinella lepida

Plateau Shiner
TX
Fish

Gambusia clarkhubbsi

San Felipe Gambusia
TX
Fish

Trogloglanis pattersoni

Toothless Blindcat
TX
Fish

Cyprinodon tularosa

White Sands Pupfish
NM
Fish

Satan eurystomus

Widemouth Blindcat
TX
Fish

Pleurobema riddellii

Louisiana Pigtoe
LA, TX
Clam

Pisidium sanguinichristi

Sangre de Cristo Peaclam
NM
Clam

Toxolasma corvunculus

Southern Purple Lilliput
AL, FL, GA, OK
Clam

Fusconaia lananensis

Triangle Pigtoe
TX
Clam

Pyrgulopsis arizonae

Bylas Springsnail
AZ
Snail

Ashmunella macromphala

Cook's Peak Woodlandsnail
NM
Snail

Sonorella todseni

Dona Ana Talussnail
NM
Snail

Tryonia gilae

Gila Tryonia
AZ
Snail

Pyrgulopsis bacchus

Grand Wash Springsnail
AZ
Snail

Ashmunella levettei

Huachuca Woodlandsnail
AZ, NM
Snail

Pyrgulopsis conica

Kingman Springsnail
AZ
Snail

Phreatodrobia imitata

Mimic Cavesnail
TX
Snail

Oreohelix pilsbryi

Mineral Creek Mountainsnail
NM
Snail

Pyrgulopsis pecosensis

Pecos Springsnail
NM
Snail

Sonorella grahamensis

Pinaleno Talussnail
AZ
Snail

Tryonia quitobaquitae

Quitobaquito Tryonia
AZ
Snail

Sonorella eremite

San Xavier Talussnail
AZ
Snail

Maricopella allynsmithi

Squaw Park Talussnail
AZ
Snail

Pyrgulopsis glandulosa

Verde Rim Springsnail
AZ
Snail

Sonorella macrophallus

Wet Canyon Talussnail
AZ
Snail

Cicindela theatina

Colorado Tiger Beetle
CO
Insect

Haideoporus texanus

Edwards Aquifer Diving Beetle
TX
Insect

Lycaena ferrisi

Ferris's Copper
AZ
Insect

Astylis sp. 1

Notodontid Moth (no common name)
AZ
Insect

Heterocampa sp. 1 nr. amanda

Notodontid Moth (no common name)
AZ
Insect

Litodonta sp. 1 nr. alpina

Notodontid Moth (no common name)
AZ
Insect

Ursia furtiva

Notodontid Moth (no common name)
TX
Insect

Papaipema eryngii

Rattlesnake-master Borer Moth
AR, IL, IN, IA, KY, MO, NC, OK
Insect

Sphingicampa blanchardi

Royal Moth (no common name)
TX, Mexico
Insect

Argia sabino

Sabino Dancer
AZ
Insect

Anacroneuria wipukupa

Stonefly (no common name)
AZ, Mexico
Insect

Agapema galbina

Tamaulipan Agapema
AZ, TX, Mexico
Insect

Archeolarca cavicola

Grand Canyon Cave Scorpion
AZ
Arachnid

Cambarus subterraneus

Delaware County Cave Crayfish
OK
Crustacean

Orconectes saxatilis

Kiamichi Crayfish
OK
Crustacean

Cambarus tartarus

Oklahoma Cave Crayfish
OK
Crustacean

Lirceolus smithii

Texas Troglobitic Water Slater
TX
Crustacean

Agalinis navasotensis

Navasota False Foxglove
TX
Flowering Plant

Amoreuxia gonzalezii

Santa Rita Yellowshow
AZ, Mexico
Flowering Plant

Amsonia tharpii

Tharp's Blue-star
NM, TX
Flowering Plant

Asclepias prostrata

Prostrate Milkweed
TX, Mexico
Flowering Plant

Astragalus hypoxylus

Huachuca Milk-vetch
AZ, Mexico
Flowering Plant

Castilleja ornata

Glowing Indian-paintbrush
NM, Mexico
Flowering Plant

Erigeron piscaticus

Fish Creek Fleabane
AZ
Flowering Plant

Eriogonum mortonianum

Morton's Wild Buckwheat
AZ
Flowering Plant

Genistidium dumosum

Brush-pea
TX, Mexico
Flowering Plant

Hexalectris revolute

Chisos Coralroot
AZ, TX, Mexico
Flowering Plant

Lesquerella kaibabensis

Kaibab Bladderpod
AZ
Flowering Plant

Paronychia congesta

Bushy Whitlow-wort
TX
Flowering Plant

Pediomelum pentaphyllum

Chihuahua Scurfpea
AZ, NM, TX, Mexico
Flowering Plant

Salvia pentstemonoides

Big Red Sage
TX
Flowering Plant

Donrichardsonia macroneuron

Moss (no common name)
TX
Fern Ally

Evaluation of Information for this Finding

Section 4 of the Act (16 U.S.C. 1533) and its implementing regulations at 50 CFR 424 set forth the procedures for adding a species to, or removing a species from, the Federal Lists of Endangered and Threatened Wildlife and Plants. A species may be determined to be an endangered or threatened species due to one or more of the five factors described in section 4(a)(1) of the Act: (A) the present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence.

In making this 90-day finding, we evaluated whether information regarding threats to each of the 192 species, as presented in the petition and other information in our files, is substantial, thereby indicating that the petitioned action may be warranted. Our evaluation is presented below. For each species, we fully evaluated all information available to us through the NatureServe website, information cited in NatureServe available on the Internet or in local libraries, and other information readily available in our files.

Species Placed in Categories A and B for Which Substantial Information Was Not Presented

Factor A, The present or threatened destruction, modification, or curtailment of a species' habitat or range: For each of the species we placed in Categories A and B (Table 1 above), no information was presented on threats specific to the species or their habitats; therefore, we find the petition, including all available references and the NatureServe species files, does not present substantial information that the present or threatened destruction,

modification, or curtailment of habitat or range is a threat to any of the 74 species in Categories A and B (Table 1).

Factor B, Overutilization of species for commercial, recreational, scientific, or educational purposes: For each of the species we placed in Categories A and B (Table 1, above), no information was presented on threats to the species or their habitats; therefore we find the petition, including all available references and the NatureServe species files, does not present substantial information that overutilization for commercial, recreational, scientific, or educational purposes is a threat to any of the 74 species in Categories A and B (Table 1).

Factor C, Disease or predation: For those species we placed in Categories A and B (Table 1, above), no information was presented on threats specific to the species or their habitats; therefore we find the petition, including all available references and the NatureServe species files, does not present substantial information that disease or predation is a threat to any of the 74 species in Categories A and B (Table 1).

Factor D, Inadequacy of existing regulatory mechanisms: For those species we placed in Categories A and B (Table 1, above), no information was presented on threats specific to the species or their habitats; therefore we find the petition, including all available references and the NatureServe species files, does not present substantial information that the inadequacy of existing regulatory mechanisms is a threat to any of the 74 species in Categories A and B (Table 1).

Factor E, Other natural or manmade factors affecting species' continued existence: For those species we placed in Categories A and B (Table 1, above), no information was presented on threats specific to the species or their habitats; therefore we find the petition, including all available references and the NatureServe species files, does not present substantial information that other natural or manmade factors affecting the species' continued existence are threats to any of the 74 species in Categories A and B (Table 1).

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the 74 species in Categories A and B may be warranted.

Species for Which Threat Information Was Presented, But For Which Substantial Information Was Not Presented

Mammals

Strecker's Pocket Gopher (
Geomys streckeri
)

Strecker's pocket gopher is known from two localities in Dimmit and Zavala Counties, Texas (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factors A, B, C, and D: No information was presented in the petition concerning threats to this species from these factors.

Factor E: NatureServe (2007) identifies rarity as a threat to Strecker's pocket gopher. In the absence of information identifying other threats to the species and linking those to the rarity of the species, we do not consider rarity to be a threat.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the Strecker's pocket gopher may be warranted.

Snails

Big Hatchet Woodlandsnail (
Ashmunella mearnsii
)

The Big Hatchet woodlandsnail is known to occur on talus slopes (rock piles formed at the base of cliffs) in the mountains of eastern Hidalgo County in southwestern New Mexico (Metcalf and Smartt 1997). Recently, the species was collected from isolated populations within the range of the Big Hatchet Mountains at Zeller Peak, Mescal Canyon, Chaney Canyon (also called Chainey Canyon), Big Hatchet Peak, and Thompson Canyon (Lang 2005). The species likely formerly occupied the Little Hatchet Mountains and Howells Ridge to the northwest of the Big Hatchet Mountains as indicated by the presence of fossils in those areas (Lang 2005).

Factor A: A prescribed burn of 4,856 hectares (ha) (12,000 acres (ac)) was planned for late spring to early summer of 2005 to control woody plant overgrowth in the north-central range of the Big Hatchet Mountains. Such a fire could threaten the persistence of isolated populations of the Big Hatchet woodlandsnail (Lang 2005). In addition, since the species inhabits talus slopes, which are sparsely vegetated and probably unlikely to have much fuel load, it is likely that the species and its habitat have withstood previous wildfires or prescribed burns in the past. No information was provided on whether the burn occurred, or how the species may have responded to it. We have determined that this information does not meet the substantial information standard.

Factors B, C, and D: No information was presented in the petition concerning threats to this species from these factors.

Factor E: The Big Hatchet woodlandsnail and Hacheta Grande woodlandsnail (
Ashmunella hebardi
) co-occur and hybridize in a narrow and abrupt zone of contact of approximately 0.259 square kilometers (km) (0.1 square miles (mi)) in southwestern Chaney Canyon (Lang 2005). However, the area where hybrids occur is small relative to the size of the area occupied by the Big Hatchet woodlandsnail (Lang 2005). No information was presented indicating that this narrow zone of hybridization is resulting in impacts to the species. We have determined that this information does not meet the substantial information standard.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the Big Hatchet woodlandsnail may be warranted.

Fossil Springsnail (
Pyrgulopsis simplex
)

The fossil springsnail is found at a spring near Strawberry, Gila County, and Fossil Springs, Yavapai County, Arizona (AGFD 2003) in the lower Verde River watershed (NatureServe 2007). Individuals of the species are typically found in the headsprings and upper sections of the outflow. They are gill breathers and, therefore, require perennially flowing water (AGFD 2003). Springsnails in the genus
Pyrgulopsis
are generally found on rock or aquatic plants in moderate current. The occupied springs are on the Coconino and Tonto National Forests. The fossil springsnail was formerly a candidate 2 species, a taxon for which information in our possession indicated that proposing to list was possibly appropriate, but for which persuasive data on biological vulnerability and threat were not available to support a proposed listing rule. This species has had no Federal Endangered Species Act status since the practice of maintaining a list of candidate 2 species was discontinued in 1996.

Factor A: According to AGFD (2003), the fossil springsnail is threatened by water development activities and deterioration or disappearance of its habitat; however, they also note that the fossil springsnail has experienced no apparent reduction in range or

abundance as a result of activities in the Fossil Creek watershed during the past two decades. Further, AGFD (2003) does not describe the nature or cause of the deterioration or disappearance of fossil springsnail habitats. We have determined that this information does not meet the substantial information standard.

Factors B and C: No information was presented in the petition concerning threats to this species from these factors.

Factor D: According to AGFD (2003), Fossil Springs was designated a Botanical Area by the Coconino National Forest, an action designed to provide increased protection and restoration of the area. Public access to Fossil Springs is limited to foot travel; however, the other spring in the watershed containing the Fossil springsnail is provided no special protection.

Factor E: No information was presented in the petition concerning threats to this species from this factor.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the fossil springsnail may be warranted.

Hacheta Grande Woodlandsnail (
Ashmunella hebardi
)

The Hacheta Grande woodlandsnail is known from one population in Chaney Canyon (also referred to as Chainey Canyon) in the Big Hatchet Mountains, Hidalgo County, New Mexico (NatureServe 2007). The species has been collected from elevations of 1,935 to 2,234 meters (m) (6350 to 7330 feet (ft)) on the south side of Chaney Canyon west of Big Hatchet Peak (Metcalf and Smartt 1997; Lang 2005). Hacheta Grande woodlandsnails most commonly occur at the base of limestone outcrops beneath large rock fragments and rock rubble piles where mold grows on leaf litter mixed with soil (Lang 2005) in an area of tall pinyon pines (Metcalf and Smartt 1997). The historic range of the species is unknown; however, at all sites sampled by Lang (2005) where the species was found, live individuals or shells of recently dead individuals were found, suggesting that the historic and current range may be the same.

Factor A: According to NatureServe (2007), Chaney Canyon is remote and inaccessible, and does not appear to be valuable as a recreational site. The area has been explored for minerals, but the absence of mining in this mountain and those nearby suggests that mining is not a threat (NatureServe 2007). The mountain is grazed by livestock, but the snail inhabits rocky areas that lack forage and are not generally accessed by livestock (NatureServe 2007). A prescribed burn of 4,856 ha (12,000 ac) was planned for late spring to early summer of 2005 to control woody plant overgrowth in that area of the Big Hatchet Mountains. Such a fire could threaten the persistence of isolated populations of the Hacheta Grande woodlandsnail (Lang 2005) or cause the extirpation of the species (NatureServe 2007); however, no information was provided on whether the burn occurred or how the species may have responded to it. In addition, since the species inhabits rock outcrops, which are sparsely vegetated and probably unlikely to have much fuel load, it is likely that the species and its habitat have withstood previous wildfires or prescribed burns in the past. We do not consider the assertions by Lang (2005) or NatureServe (2007) to meet the substantial information standard. NatureServe (2007) asserts that while range contraction due to climate change in the past ten thousand years has not been documented for this species, it has been documented for many similar species and may be a concern for the Hacheta Grande woodlandsnail. However, this is an assertion, and NatureServe (2007) did not provide references or discussion to support it, and there is no evidence of range contraction despite efforts of researchers to document it (Metcalf and Smartt 1997; Lang 2005). We have determined that this information does not meet the substantial information standard.

Factors B, C, and D: No information was presented in the petition concerning threats to this species from these factors.

Factor E: The Big Hatchet woodlandsnail and Hacheta Grande woodlandsnail co-occur and hybridize in a narrow and abrupt zone of contact of approximately 0.259 square km (0.1 square mi) in southwestern Chaney Canyon (Lang 2005). However, the area where hybrids occur is small relative to the size of the area occupied by the Hacheta Grande woodlandsnail (Lang 2005), and there is no evidence the area of hybridization has increased between the time of the Metcalf and Smartt surveys (1997) and those of Lang (2005). No information was presented indicating that this narrow zone of hybridization is resulting in impacts to the species. We have determined that this information does not meet the substantial information standard. NatureServe (2007) identifies restricted geographic range as a potential threat to the species. In the absence of additional information identifying other threats to the species and linking those threats to the geographic range of the species, we do not consider restricted geographic range to be a threat.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the Hacheta Grande woodlandsnail may be warranted.

Leslie Canyon Talussnail (
Sonorella pedregosensis)

The Leslie Canyon talussnail is known to occur in Leslie Canyon National Wildlife Refuge (a unit of the San Bernardino National Wildlife Refuge complex), north of Douglas in the Pedregosa Mountains, Cochise County, Arizona (Gilbertson and Radke 2006). No further information regarding the historical or current distribution or status of the species was presented.

Factors A and B: No information was presented in the petition concerning threats to this species from these factors.

Factor C: According to NatureServe (2007), at the time of initial collection of specimens of this species, Gilbertson and Radke (2006) observed a desert box turtle (
Terrapene ornate luteola)
actively preying on snails in the refuge following an overnight rainstorm when snails became most active. An examination of the box turtle's feces found shell fragments of the snail; however, there is no indication that this level of predation may constitute a species-level threat. We have determined that this information does not meet the substantial information standard.

Factors D and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing of the Leslie Canyon talussnail may be warranted.

Limpia Creek Springsnail (
Pyrgulopsis davisi
)

The Limpia Creek springsnail is found in and on mud and rocks among patches of
Nasturtium officinale
(watercress) in spring-fed rivulets within a tributary of Limpia Creek, Pecos River drainage, Jeff Davis County, Texas (NatureServe 2007). The species is a gill breather and, therefore, requires perennially flowing water. Based on specimens collected in 1914, there may be an additional locality; however, the location of the possible second site is uncertain (NatureServe 2007). It is reported as abundant at the single known occurrence, but quantitative population estimates are not provided (NatureServe

2007). Since only one occurrence is known with certainty and the only known occurrence is small, occupying a very restricted habitat, abundance may be considered very low relative to most other organisms (NatureServe 2007).

Factor A: NatureServe (2007) indicates probable threats include trampling and other degradation of the aquatic site by livestock, and the potential for diversion or other flow alteration; however, no information is presented indicating that these activities are occurring or are likely to occur in the future in occupied habitats. We have determined that this information does not meet the substantial information standard.

Factor B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the Limpia Creek springsnail may be warranted.

Montezuma Well Springsnail (
Pyrgulopsis montezumensis)

The Montezuma Well springsnail is known to occur in Montezuma Well, a unit of Montezuma Castle National Monument, in Yavapai County, Arizona (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factors A, B, C, and D: No information was presented in the petition concerning threats to this species from these factors.

Factor E: The Arizona Game and Fish Department (AGFD 1998) identifies restricted geographic distribution as a threat to the Montezuma Well springsnail. In the absence of additional information identifying other threats to the species and linking one or more of those threats to the species, we do not consider a restricted geographic range to be a threat.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the Montezuma Well springsnail may be warranted.

Naegele Springsnail (
Pyrgulopsis metcalfi
)

The Naegele springsnail is found in the outflows of Naegele Springs (Rio Grande River basin), Presidio County, western Texas. Fossils from two localities in the Pecos River valley in New Mexico and Texas may also be Naegele springsnails (Taylor 1987). It is reported to be common at the single known occurrence, but quantitative population estimates are not provided (NatureServe 2007). Since only one occurrence is known with certainty and the only known occurrence is small, occupying restricted habitat, abundance may be considered very low relative to most other organisms (NatureServe 2007).

Factor A: NatureServe (2007) indicates probable threats include trampling and other degradation of the aquatic site by livestock, and the potential for alteration of the sole aquatic site of occurrence; however, no information is presented indicating that these activities are occurring or are likely to occur in the future in occupied habitats. We have determined that this information does not meet the substantial information standard.

Factor B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the Naegele springsnail may be warranted.

San Andreas Woodlandsnail (
Ashmunella kochii
)

The San Andreas woodlandsnail is known to occur in the San Andres Mountains, Dona Ana County, New Mexico, and the Caballo Mountains to the west of the San Andres Mountains in Sierra County (Metcalf and Smartt 1997; Sullivan 1997). It primarily occurs in rock seams in steep canyons and cliffs associated with moderately moist vegetation and abundant shade (NatureServe 2007).

Factor A: According to Sullivan (1997), a road may be built to the peak of Quartzite Mountain in a portion of the San Andres Mountains, which would destroy some of the habitat of the species. No information was provided on whether the road has been constructed or if it may be constructed at some point in the future. The portion of the species' habitat that would be impacted by such a road appears small relative to the range of the species. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the San Andreas woodlandsnail may be warranted.

Insects

Blanchard's Sphinx Moth (
Adhemarius blanchardorum)

Blanchard's sphinx moth is known to occur in the Chisos Mountains in Brewster County, Texas (NatureServe 2007). Almost all known specimens are from Panther Pass and adjacent Green Gulch in Big Bend National Park. The species' range may extend south into the Sierra Madre Orientale of Mexico; however, no occurrences south of the U.S. border are documented (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factors A, B, C, and D: No information was presented in the petition concerning threats to this species from these factors.

Factor E: NatureServe (2007) identifies rarity as a threat to Blanchard's sphinx moth. In the absence of information identifying other threats to the species and linking those threats to the rarity of the species, we do not consider rarity to be a threat.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing Blanchard's sphinx moth may be warranted.

Caddisfly (no common name) (
Phylocentropus harrisi)

NatureServe (2007) cites Morse
et al.
(1997) and personal communications with J. Morse in 2000 and 2004 in stating that the caddisfly is known to occur in the Southern Appalachian States and Texas. No further information regarding the historical or current distribution or status of the species was presented.

Factor A: Morse
et al
. (1997) identify multiple historical and potential current threats to the mayflies, dragonflies, damselflies, stoneflies, and caddisflies of the southeastern United States including agriculture, dams, deforestation, acid precipitation, sedimentation, and residential development. However, the discussions in Morse
et al
. (1997) are general in nature and do not identify which activities are currently impacting any species in particular nor do they identify which threats may be occurring in which habitats. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition

concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the caddisfly may be warranted.

Chisos Metalmark (
Apodemia chisosensis
)

The Chisos metalmark is a butterfly known to occur in Texas (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factors A, B, C, and D: No information was presented in the petition concerning threats to this species from these factors.

Factor E: NatureServe (2007) identifies rarity as a threat to the Chisos metalmark. In the absence of information identifying other threats to the species and linking those threats to the rarity of the species, we do not consider rarity to be a threat.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing Chisos metalmark may be warranted.

Manfreda Giant-skipper (
Stallingsia maculosus)

The Manfreda giant-skipper is a butterfly known to occur in San Patricio, Bexar, and Kinney Counties, Texas, and possibly in Nuevo Leon, Mexico (NatureServe 2007). NatureServe (2007) states that the species is currently declining, and projects that the global long-term trend of the species will be one of large to substantial decline (50 percent to 90 percent).

Factor A: NatureServe (2007) identifies development as a threat to the Manfreda giant-skipper, and asserts that some of the few known sites have been destroyed. However, no specific information on where the development may be threatening the species now or in the future was provided. The three counties where it has been documented are not close to one another; therefore, we do not assume that if development is occurring at one occupied site, it also occurs at other sites. NatureServe (2004) also notes that the species' host plant may be in competition with invasive grasses such as Guinea grass (
Panicum maximum
), but does not indicate whether
P. maximum
occurs within the range of the Manfreda giant-skipper or is likely to in the future. We have determined that this information does not meet the substantial information standard, particularly in light of the wide dispersion of the counties where the species has been documented.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the Manfreda giant-skipper may be warranted.

Mayfly (no common name) (
Lachlania dencyannae)

This mayfly is confined to the Gila River drainage system in New Mexico. According to NatureServe (2007), larvae have been found clinging to woody debris and vegetation caught in the crevices of rocks near the East Fork of the Gila River at its junction with the Gila River (McCafferty
et al
. 1997).

Factor A: According to NatureServe (2007), the Gila River drainage, the only known drainage inhabited by the species, is subjected to on-going degradation, primarily associated with grazing. However, NatureServe (2007) does not explain the type of grazing or its impact to the species or the portion of the Gila River occupied by the species where grazing threatens it. We have determined that this information does not meet the substantial information standard.

Factors B, C, and D: No information was presented in the petition concerning threats to this species from these factors.

Factor E: NatureServe (2007) cites McCafferty
et al
. (1997) indicating that the species appears to be truly rare and restricted to the Gila River drainage. In the absence of additional information identifying other threats to the species and linking one or more of those threats to the species, we do not consider rarity to be a threat.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the Mayfly may be warranted.

Notodontid Moth (no common name) (
Euhyparpax rosea)

This notodontid moth is known to occur in Custer County in south-central Colorado, and several hundred miles (several hundred kilometers) away, near Silver City, Grant County in southwestern New Mexico, and in Arizona (AGFD 2005; NatureServe 2007). Described in the 1800s, the species has been found in one or two locations in the last 40 or 50 years (NatureServe 2007). AGFD (2005) indicates that further study is needed to determine the moth's life history, population status, and population range.

Factors A, B, C, and D: No information was presented in the petition concerning threats to this species from these factors.

Factor E: NatureServe (2007) identifies its restricted range at each of the three known sites as a threat to this notodontid moth. Restricted geographic range may exacerbate the impacts to the species of potential threats through chance events such as fire, invasion of exotic weeds, or inadvertent management actions (NatureServe 2007). However, in the absence of information identifying chance events or other threats to the species and linking those threats to the restricted range of the species, or the potential for such chance events to occur in the occupied habitats, we do not consider chance events or restricted geographic range to be threats to the species. This is especially true in light of its apparent widely dispersed distribution, which suggests that a chance event occurring in one State is unlikely to be occurring in another State.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the notodontid moth may be warranted.

Notodontid Moth (no common name) (
Ursia
sp. 1)

This Notodontid moth is known to occur in Cameron and San Patricio Counties, along the coast of south Texas (NatureServe 2007).

Factors A, B, C, and D: No information was presented in the petition concerning threats to this species from these factors.

Factor E: NatureServe (2007) identifies its restricted geographic range as a threat to this notodontid moth. Restricted geographic range may exacerbate the impacts to the species of potential threats through chance events such as fire or inadvertent management actions (NatureServe 2007). However, in the absence of information identifying chance events or other threats to the species and linking those threats to the restricted range of the species, or the potential for such chance events to occur in the occupied habitats, we do not consider chance events or restricted geographic range to be threats to the species. Additionally, the two counties where this species is known to occur are widely spaced from one another, with four counties between them; thus, it is unlikely the same chance event would

occur at both sites in the same timeframe.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the Notodontid moth may be warranted.

Parker's Cylloepus Riffle Beetle (
Cylloepus parkeri
)

The Parker's cylloepus riffle beetle is known to occur in Roundtree Canyon in Bloody Basin within the Tonto National Forest, Yavapai County, Arizona (AGFD 2003). Johnson (1992) states that it also occurs in Tangle Creek, also located in Bloody Basin. The habitat is described as permanent, clean, slow-moving small streams, with loose gravelly substrate and very little sand. The species likely hides under rocks and may occur in spring brooks as well as creeks (AGFD 2003).

Factor A: According to AGFD (2003), the riffle beetle requires water that is high in oxygen content. This factor greatly restricts the species' distribution and results in high sensitivity to pollutants. AGFD (2003) indicates that activities such as mining, stream channelization, and heavy grazing would deplete the oxygen content of its habitat and almost certainly be detrimental to this beetle; however, they do not indicate whether these activities are occurring or are likely to occur in habitats occupied by the species.

Factor B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing Parker's cylloepus riffle beetle may be warranted.

Patagonia Eyed Silkmoth (
Automeris patagoniensis)

The Patagonia eyed silkmoth is known to occur at Harshaw Creek in the Patagonia Mountains in Santa Cruz County and in the Huachuca Mountains in Cochise County, Arizona (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factor A: NatureServe (2007) identifies potential replacement of host plant grasses by invasive weeds to be a threat to the moth. However, NatureServe (2007) does not indicate whether invasive weeds currently occur or are likely to occur in known habitat of the moth. Additionally, the known moth sites are in two mountain ranges several miles (several kilometers) apart and thus would not likely be impacted simultaneously by invasive weeds. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the Patagonia eyed silkmoth may be warranted.

Royal Moth (no common name) (
Sphingicampa raspa)

This royal moth is known to occur in southeastern Arizona and Big Bend, Texas. On August 3, 2004, the species was photographed in Copper Canyon, Cochise County, Arizona, where 20 or more individuals were observed (AGFD 2005; NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factor A: The AGFD (2005) and NatureServe (2007) identify the lack of targeted management of habitat and fire as threats to the royal moth and its habitat. However, neither source identifies the extent to which these management activities may be occurring in the range of the species nor identifies the potential impacts of these activities on the species. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the royal moth may be warranted.

Sage Sphinx (
Sphinx eremitoides)

The sage sphinx is a moth believed to occur in the Great Plains region from Kansas to Texas west into Colorado and New Mexico (NatureServe 2007), although there are no documented records for Colorado or New Mexico (NatureServe 2007). NatureServe (2007) indicates that the species occurs in two counties in Kansas and in four counties in Texas. No further information regarding the historical or current distribution or status of the species was presented.

Factor A: NatureServe (2007) identifies conversion of native habitats to cultivated agriculture or heavily grazed lands as a threat to the sage sphinx. However, NatureServe (2007) provides no information or discussion to indicate that either of these activities is actually occurring or likely to occur in occupied habitats. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the sage sphinx may be warranted.

Arachnids

Cave Obligate Spider (no common name) (
Thymoites minero)

This cave obligate spider can be found in tangled webs built under stones, against walls, and in cracks and crevices in caves within Cochise County, Arizona (AGFD 2005). AGFD (2005) indicates that further study is needed to determine distribution and population size, as well as life history traits of the spider.

Factor A: AGFD (2005) identifies development and vandalism as potential threats to cave invertebrates; however, no information specific to this cave-obligate species or its habitat was presented. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the cave obligate spider may be warranted.

Crustaceans

Blackbelted Crayfish (
Procambarus nigrocinctus
)

According to NatureServe (2007), the blackbelted crayfish is known to occur in five sites in the Neches River basin in Angelina and Jasper Counties, Texas. Blackbelted crayfish occur among rocks and accumulated debris in small, moderately flowing creeks (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factor A: NatureServe (2007) indicates that several sites are near an airport and that development could eliminate populations; however, there is

no discussion or information provided which indicates any adverse impacts to the species as a result of its location near an airport nor an indication of whether development is occurring or is likely to occur in occupied habitats. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the blackbelted crayfish may be warranted.

Neches Crayfish (
Procambarus nechesae
)

The Neches crayfish is known to occur in five sites in the Neches River basin in Angelina and Trinity Counties, Texas (NatureServe 2007). According to NatureServe (2007), Neches crayfish form simple burrows in temporary or semipermanent pools in roadside ditches. No further information regarding the historical or current distribution or status of the species was presented.

Factor A: NatureServe (2007) identifies land alteration as a threat to the Neches crayfish, but does not indicate what type of land alteration may be occurring or the impacts such alteration could have on the species. We have determined that this information does not meet the substantial information standard.

Factors B, C, and D: No information was presented in the petition concerning threats to this species from these factors.

Factor E: NatureServe (2007) states that there are few known occurrences of the Neches crayfish and that it appears to be restricted to a small watershed. In the absence of information identifying other threats to the species and linking those threats to rarity or geographic distribution the species, we do not consider rarity or restricted geographic distribution to be a threat. We note that NatureServe (2007) also states that more and better surveys will probably at least double the number of occurrences.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing the Neches crayfish may be warranted.

Spinythumb Fairy Shrimp (
Streptocephalus moorei)

The spinythumb fairy shrimp is known from a site north of the town of Jimenez in northern Chihuahua, Mexico, and from two counties in southern New Mexico (Maeda-Martinez
et al
. 2005). In New Mexico, the species has been discovered recently in two pools in the town of Columbus in Luna County and in a stock tank in Sierra County (Maeda-Martinez
et al
. 2005). The area of occupancy is small, though three of the four sites are widely separated (NatureServe 2007). According to NatureServe (2007), the species was found at the northern Mexico site only in 1971 and has not been found there since, despite repeated visits. Maeda-Martinez
et al
. (2005) indicate that it may be extirpated there.

Factor A: According to NatureServe (2007), habitat destruction is the greatest threat to the species. Maeda-Martinez
et al
. (2005) indicates that extension of Federal Highway Number 45 is altering the habitat at the northern Mexico site. However, the highway construction threatens the site where the species has not been found since 1971, despite repeated visits. No specific information on habitat destruction was presented for the remaining three sites. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing of the spinythumb fairy shrimp may be warranted.

Flowering Plants

Arenaria livermorensis
(Livermore Sandwort)

Arenaria livermorensis
is an herbaceous plant that inhabits crevices and cracks on cliffs and bare igneous rock walls at high elevations (NatureServe 2007). This species is known only from Mt. Livermore, Jeff Davis County, Texas (NatureServe 2007).

Factor A: NatureServe (2007) identifies habitat loss and degradation as a threat to
Arenaria livermorensis;
however, the cause of loss and degradation of habitat was not specified. NatureServe (2007) states that the possible development of an observatory on top of Mt. Livermore may constitute a threat to the species; however, there is no information indicating whether this development took place or may still take place. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition and in our files, we have determined that the petition does not present substantial information to indicate that listing
Arenaria livermorensis
may be warranted due to the present or threatened destruction, modification, or curtailment of its habitat or range.

Argemone arizonica
(Arizona Prickle-poppy)

Argemone arizonica
is a plant known to occur on steep rocky slopes on the north wall of Grand Canyon National Park, Coconino County, Arizona (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factor A: NatureServe (2007) identifies trampling from hiking as a possible threat to the species, but does not indicate whether trampling is occurring or is likely to occur in the future. Further, because
Argemone arizonica
is found on steep rocky slopes on canyon walls, it is not clear that recreationists would favor that type of habitat for hiking. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Argemone arizonica
may be warranted.

Batesimalva violacea
(Purple Gay-mallow)

Batesimalva violacea
is a shrub known to occur in the Chisos Mountains of southern Brewster County, Texas, and is thought to occur in Coahuila and Nuevo Leon, Mexico (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factors A and B: No information was presented in the petition concerning threats to this species from these factors.

Factor C: NatureServe (2007) identifies grazing as a threat to
Batesimalva violacea
, but does not indicate whether grazing is occurring or is likely to occur in the future in occupied habitats Further, NatureServe (2007) does not indicate how grazing

may be impacting this species (e.g., trampling, habitat degradation, predation). We have determined that this information does not meet the substantial information standard.

Factors D and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Batesimalva violacea
may be warranted.

Bonamia ovalifolia
(Bigpod Bonamia)

Bonamia ovalifolia
is a perennial herb known to occur in Brewster County, Texas, and in adjacent Coahuila, Mexico (NatureServe 2007). It is an inhabitant of deep alluvial sands overlying limestone ledges or outcrops along deep river canyons near desert grasslands and shrublands (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factors A: NatureServe (2007) identifies overgrazing as a threat to
Bonamia ovalifolia
, but does not indicate whether grazing is occurring or is likely to occur in the future in occupied habitats Further, NatureServe (2007) does not indicate how grazing may be impacting this species (e.g., trampling, habitat degradation, predation). We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Bonamia ovalifolia
may be warranted.

Bouteloua kayi
(Kay Gramma)

Bouteloua kayi
is a perennial grass known to occur in limestone crevices in Brewster County, Texas, where there are five known populations (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factors A: NatureServe (2007) indicates that
Bouteloua kayi
is possibly threatened by overgrazing, but does not indicate whether grazing is occurring or is likely to occur in the future in occupied habitats Further, NatureServe (2007) does not indicate how grazing may be impacting this species (e.g., trampling, habitat degradation, predation). We have determined that this information does not meet the substantial information standard.

Factors B, C, D. and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Bouteloua kayi
may be warranted.

Cryptantha ganderi
(Gander's Cryptantha)

Cryptantha ganderi
is an annual plant known to occur in southern California and Arizona in the United States, and Baja California and Sonora in Mexico (NatureServe 2007). It is found on sand dunes around the head of the Gulf of California, including the Gran Desierto de Altar in Sonora, Mexico; the Pinta Sands in Yuma County, Arizona; and the Borrego Valley in San Diego County, California (NatureServe 2007). According to the AGFD (2005), six occurrences are known in California and one in Arizona.

Factor A: NatureServe (2007) identifies development in California as a threat to the species, claiming that the expansion of the Borrego airport may impact the species' habitat; however, no supporting information was provided that allows us to determine if these activities are occurring or how they may be impacting the species. No information about development was presented for other portions of the range of the species. NatureServe (2007) indicates that sand dune habitats are vulnerable to OHV use; however, no information specific to
Cryptantha ganderi
or the specific areas where OHV use may be occurring was presented. We have determined that the information presented concerning development and OHV use does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Cryptantha ganderi
may be warranted.

Dalea bartonii
(Cox's Dalea)

Dalea bartonii
is a perennial plant with one known occurrence in the drainage of the San Francisco Creek in Brewster County, Texas (NatureServe 2007). This population likely contains fewer than 1000 individuals (NatureServe 2007).

Factor A: NatureServe (2007) identifies overgrazing as a threat to
Dalea bartonii
, but does not indicate whether grazing is occurring or is likely to occur in the future in occupied habitats. Further, NatureServe (2007) does not indicate how grazing may be impacting this species (e.g., trampling, habitat degradation, predation). NatureServe (2007) further identifies the introduction of exotic species as a threat to
D. bartonii
, but does not identify which exotic species may be occurring within the range of
D. bartonii
or how those exotic species may be impacting
D. bartonii
. We have determined that the information presented concerning overgrazing and exotic species does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Dalea bartonii
may be warranted.

Dalea tentaculoides
(Gentry's Indigobush)

Dalea tentaculoides
is a perennial shrub known historically in the United States from only three areas in southern Arizona: the western and northern slopes of the Baboquivari Mountains in the Tohono O'odham Nation, Mendoza Canyon in the Coyote Mountains, and Sycamore Canyon in the Atascosa Mountains on the Coronado National Forest (Service 2005). As of 2005, plants were only known to occur in Sycamore Canyon and on lands within the Tohono O'odham Nation (Schmalzel 2005). The plant has also been found at three locations in Mexico (Service 2005). The first location was found in 1995, northeast of Huásabas in the State of Sonora. In 2004, the species was documented in the Sierra El Humo, south-southwest of Sasabe, Arizona, in northwestern Sonora, Mexico (L. Hahn, pers. comm. 2004 cited in Service 2005). Surveys in 2005 documented the persistence of those two populations and discovered a third in the Sierra de La Madera (Van Devender 2005).

In 2005, the Service made a 12-month finding in response to a January 2, 2002, petition to list
Dalea tentaculoides
(September 27, 2005; 70 FR 56426). After reviewing the best scientific and commercial information available at that time, we determined the species did not warrant listing (Service 2005).

Factor A: NatureServe (2007) indicates that seasonal flooding,

watershed degradation due to overgrazing, and trampling by recreational users and livestock may be threats to
Dalea tentaculoides
, but does not indicate whether these activities are occurring or are likely to occur in occupied habitat. Further, these potential threats were examined in our 2005 12-month finding with the conclusion that the species did not warrant listing (Service 2005), and no newer information was provided by the petitioner than that used in the 2005 finding. We have determined that the information presented does not meet the substantial information standard.

Factor B: No information was presented in the petition concerning threats to this species from this factor.

Factor C: NatureServe (2007) indicates that consumption by livestock may be a threat to
Dalea tentaculoides
, but does not indicate whether consumption is occurring or is likely to occur in the future. Further, this potential threat was examined in our 2005 12-month finding with the conclusion that the species did not warrant listing (Service 2005), and no newer information was provided by the petitioner than that used in the 2005 finding. We have determined that the information presented does not meet the substantial information standard.

Factors D and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Dalea tentaculoides
may be warranted.

Eleocharis cylindrica
(Cylinder Spikerush)

Eleocharis cylindrica
is a perennial sedge known to occur in New Mexico and Texas (NatureServe 2007). It is an inhabitant of shallow water or calcareous mud at desert springs and in streams (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factor A: NatureServe (2007) states that wetlands in arid environments are often in jeopardy, but does not identify any specific activities or threats that may be impacting
Eleocharis cylindrica
now or in the future. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Eleocharis cylindrica
may be warranted.

Erigeron acomanus
(Acoma Fleabane)

Erigeron acomanus
is a perennial herb known to occur in McKinley and Cibola Counties, New Mexico (NatureServe 2007). It is an inhabitant of sandy arroyos beneath sandstone cliffs in the high plateau country of west-central New Mexico. It is presently known from four small, isolated populations, which are further divided into distinct geographic subpopulations (Reed 1996).

Factor A: NatureServe (2007) states that current land uses do not significantly threaten this species' habitats. NatureServe (2007) further notes that the species may occasionally be impacted by mining, but does not identify whether mining is actually occurring or is likely to occur in the future. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing of
Erigeron acomanus
may be warranted.

Erigeron bistiensis
(Bisti Fleabane)

Erigeron bistiensis
is a perennial herb known from a small area primarily on Navajo Nation lands in San Juan County, New Mexico (NatureServe 2007). It is reported that there are fewer than 1,000 individuals, which are restricted to a particular type of sandstone-derived rock (NatureServe 2007). However, Tonne (2007) has questioned the validity of the species and believes it to be the common
Erigeron pulcherrimus
(basin fleabane).

Factor A: NatureServe (2007) identifies the species' placement in an area of high oil and gas development as a threat to the species, but does not identify how oil and gas activities may be impacting the species or its habitat. NatureServe (2007) also identifies urban development as a threat, but does not indicate whether urban development is occurring or is likely to occur in occupied habitats. We have determined that the information presented concerning oil and gas activities and urban development does not meet the substantial information standard.

Factor B: No information was presented in the petition concerning threats to this species from this factor.

Factor C: NatureServe (2007) identifies intense grazing as a threat to
Erigeron bistiensis
, but also states that plants seem free of signs of herbivory (consumption of plants). According to Tonne (2007), livestock grazing is intense in the area of the single described population, but individual plants showed no sign of herbivory; it appears to be relatively unpalatable to livestock. We have determined that this information does not meet the substantial information standard.

Factors D and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Erigeron bistiensis
may be warranted.

Escobaria guadalupensis
(Guadalupe Pincushion Cactus)

Escobaria guadalupensis
is a cactus known to occur in New Mexico and in the Guadalupe Mountains National Park, Texas (NatureServe 2007). The species inhabits exposed slabs and fractured outcrops of limestone on steep slopes in open coniferous woodlands (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factor A: No information was presented in the petition concerning threats to this species from this factor.

Factor B: NatureServe (2007) identifies collection of the cactus for cultivation as a possible threat to
Escobaria guadalupensis
, but indicates that specimens identified in trade were not collected from the wild. We have determined that this information does not meet the substantial information standard.

Factors C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Escobaria guadalupensis
may be warranted.

Euphorbia aaron-rossii
(Marble Canyon Spurge)

Euphorbia aaron-rossii
is a plant known to occur on Navajo Nation lands and in the following areas in Grand Canyon National Park in Coconino County, Arizona: Marble Canyon, Grand

Canyon (along the Colorado River on the east side of the canyon), and the canyon of the Little Colorado River (AGFD 2005).

Factors A, B, C, and D: No information was presented in the petition concerning threats to this species from these factors.

Factor E: NatureServe (2007) identifies limited geographic range as a threat to
Euphorbia aaron-rossii
. In the absence of information identifying other threats to the species and linking those threats to the limited geographic range of the species, we do not consider limited geographic range to be a threat.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Euphorbia aaron-rossii
may be warranted.

Glossopetalon texense
(Texas Grease Bush)

Glossopetalon texense
is a shrub known to occur in Uvalde and Val Verde Counties, Texas (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factors A and B: No information was presented in the petition concerning threats to this species from these factors.

Factor C: NatureServe (2007) states that
Glossopetalon texense
may be susceptible to predation from browsing, but does not indicate whether grazing by livestock or other herbivores (animals which eat plants) is occurring or may occur in the future in occupied habitats.. We have determined that this information does not meet the substantial information standard.

Factors D and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Glossopetalon texense
may be warranted.

Kallstroemia perennans
(Perennial Caltrop)

Kallstroemia perennans
is a plant known to occur in Presidio, Val Verde and Brewster Counties, Texas (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factor A: According to NatureServe (2007),
Kallstroemia perennans
occurs in an area subject to land abuse; however, these abuses are not specified. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Kallstroemia perennans
may be warranted.

Pediomelum humile
(Rydberg's Scurfpea)

Pediomelum humile
is a perennial herb known to occur in Val Verde County, Texas, and possibly in adjacent Coahuila, Mexico (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factor A: NatureServe (2007) indicates that habitats are often heavily browsed by sheep or goats, but does not indicate how these activities may be impacting this species (e.g., trampling, habitat degradation, predation). NatureServe (2007) further indicates that urbanization could destroy some sites, but not does explain through what portion of the range these activities may occur nor how it would impact the species. We have determined that the information presented concerning browsing and urbanization does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Pediomelum humile
may be warranted.

Perityle huecoensis
(Hueco Mountains Rockdaisy)

Perityle huecoensis
is a plant known to occur in the Hueco Mountains on Fort Bliss Military Reservation in El Paso County, Texas, and in the Sierra Juarez, Mexico (NatureServe 2007). According to NatureServe (2007), the Texas population consists of a total of 700 to 800 plants. No further information regarding the historical or current distribution or status of the species was presented.

Factor A: Worthington (1991) identifies human activity as a potential threat to the genus
Perityle
in an occupied canyon; however, he does not describe the nature of the human activity. Worthington (1991) also reports that
Perityle huecoensis
occurs on vertical cliffs in the canyon, habitat not likely to be visited by humans. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Perityle huecoensis
may be warranted.

Perityle saxicola
(Fish Creek Rock Daisy)

Perityle saxicola
is a perennial herb known to occur in Gila and Maricopa Counties, Arizona (NatureServe 2007). Its current distribution is found near Tonto National Monument, Roosevelt Lake, and above Horse Camp Creek in the Sierra Ancha Mountains (AGFD 2004).
Perityle saxicola
grows in moisture deficient habitat in cracks and crevices on cliff faces, on large boulders, and on rocky outcrops in canyons (AGFD 2004).

Factor A: AGFD (2004) indicates that threats to the species are restricted to activities requiring blasting, including dam, road, and trail construction, but does not indicate whether these activities are occurring or are likely to occur in occupied habitats in the future. AGFD (2004) further indicates that the species may have been impacted during the Roosevelt Dam re-construction in the 1990s; however, most of the plants occurred up-slope, above construction activities. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Perityle saxicola
may be warranted.

Perityle warnockii
(River Rockdaisy)

Perityle warnockii
is a plant known to occur in the Pecos River in Val Verde County, Texas (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factors A: NatureServe (2007) indicates that the area is heavily grazed by sheep and goats, but does not indicate how these activities may be impacting this species (e.g., trampling, habitat degradation, predation).

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Perityle warnockii
may be warranted.

Quercus graciliformis
(Slender Oak)

Quercus graciliformis
is a plant known to occur in the Chisos Mountains in Big Bend National Park, Brewster County, Texas, and in adjacent northern Chihuahua, Mexico (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factor A: NatureServe (2007) identifies the activities of tourists as a threat to this species, but does not identify the type of activities nor how they may be impacting this species. NatureServe (2007) further identifies occasional drought as a threat to the species, but provides no information concerning the frequency or intensity of these droughts or how the species is impacted by drought. We have determined that the information presented concerning tourist activities and drought does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Quercus graciliformis
may be warranted.

Rhododon angulatus
(Lonestar Sand-mint)

Rhododon angulatus
is a plant known from two populations occurring in Aransas County, Texas (NatureServe 2007). It is also reported in Nueces and Refugio Counties; however, these reports remain unconfirmed (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factor A: NatureServe (2007) notes that threats to
Rhododon angulatus
include suburban sprawl, industrial development, and road widening, but does not indicate whether these activities are occurring or are likely to occur in the future nor how these activities may impact
R. angulatus
. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Rhododon angulatus
may be warranted.

Sophora gypsophila
(Gypsum Necklace)

Sophora gypsophila
is a shrub known to occur in Culberson County in western Texas and in adjacent Eddy and Otero Counties in southern New Mexico (NatureServe 2007). There is an additional occurrence 300 km (185 mi) to the south in Chihuahua, Mexico (NatureServe 2007). NatureServe (2007) estimates that there are approximately 2000 known individuals of the species.

Factors A, B, C, and D: No information was presented in the petition concerning threats to this species from these factors.

Factor E: NatureServe (2007) identifies the effects of climate change as a threat to
Sophora gypsophila
. NatureServe (2007) indicates that the distribution of the species is declining as its habitat becomes drier due to climate change. Information in our files indicates that warming of the climate is unequivocal and that drying trends in the southwestern United States are likely to persist (Intergovernmental Panel on Climate Change 2007a, p. 30; Intergovernmental Panel on Climate Change 2007b, p. 887); however, we find the information presented in the petition and readily available in our files to be insufficiently specific to
Sophora gypsophila
or its habitat.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Sophora gypsophila
may be warranted.

Valerianella nuttallii
(Nuttall's Corn-salad)

Valerianella nuttallii
is an herbaceous plant that is limited to western Arkansas and eastern Oklahoma. The species is known from few remaining individuals (approximately 1,000-3,000) (NatureServe 2007). The species historically occurred in 11 counties in western Arkansas (NatureServe 2007) and in 13 counties in eastern Oklahoma (Oklahoma Biological Survey 2002), and is currently thought to occur in 7 counties in Arkansas and 3 in Oklahoma (NatureServe 2007). The species is found in areas with saturated soils associated with shale (NatureServe 2007).

Factor A: NatureServe (2007) indicates that
Valerianella nuttallii
occurs in hay meadows in which moderate grazing occurs; however, NatureServe (2007) does not identify moderate grazing as a threat to the species. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Valerianella nuttallii
may be warranted.

Ferns and Allies

Grimmia americana
(no common name)

Grimmia americana
is a moss known to occur in western Texas, southern Nevada, and central Arizona (NatureServe 2007). No further information regarding the historical or current distribution or status of the species was presented.

Factor A: Stark (1999) states that the
Grimmia americana
population in Clark County, Nevada, occurs at an entry point to a canyon containing petroglyphs, and due to relatively high public access, is likely impacted by trampling by humans. Because this species is known to occur on cliffs and boulders (NatureServe 2007), it is likely somewhat protected from recreational users. No information is presented concerning recreational use at the Texas or Arizona site. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Grimmia americana
may be warranted.

Riccia californica
(no common name)

Riccia californica
is a moss reported from west-central Oregon south to San Francisco and Santa Clara Counties in northern California, with a disjunct population reported from San Diego County in southern California (Stark and Whittemore 1992; NatureServe 2007). It has also been reported from Texas (Schuster 1992).

Factor A: NatureServe (2007) indicates the population in southern California may be threatened by

development, but the nature of the development and impact on the species were not discussed. Additionally, no information was presented concerning the present or threatened destruction, modification, or curtailment of its habitat in the rest of its range in northern California, Oregon, and Texas. We have determined that this information does not meet the substantial information standard.

Factors B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Riccia californica
may be warranted.

Lichens

Acarospora clauzadeana
(no common name)

Acarospora clauzadeana
is a lichen known to occur near Roswell in Chaves County, New Mexico; near Almeria in Andalusia, Spain; and near Cuatro Cienegas in Coahuila, Mexico (NatureServe 2007). In New Mexico, it is very specific in where it colonizes as it is restricted to pure gypsum that has been eroded to knife-sharp edges (NatureServe 2007). The current size of the area occupied by this species is apparently small, even though it occurs in three distinct parts of the world (NatureServe 2007). The lichen is sparsely distributed throughout its local area in New Mexico. It is difficult to quantify abundance of this species because it deeply penetrates stony rocks. It is not clearly known how this species disperses and whether it has relatively recently colonized certain sites or it was once more common than it is now and surviving historic sites are being observed (NatureServe 2007). The status of the populations in Spain and Mexico are unknown (NatureServe 2007).

Factor A: NatureServe (2007) indicates that gypsum mining, off-road vehicle use, and other recreational activities are potential threats to
Acarospora clauzadeana
, but does not indicate whether any of these activities are occurring or are likely to occur in occupied habitats. Additionally, NatureServe (2007) indicates that its habitat is naturally subject to erosion such that any activity that accelerates erosion would threaten the species; however, NatureServe (2007) does not identify any specific erosion accelerating threats occurring or likely to occur in occupied habitats. We have determined that this information does not meet the substantial information standard.

Factor B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Acarospora clauzadeana
may be warranted.

Omphalora arizonica
(no common name)

Omphalora arizonica
is a lichen known to occur in the mountains in Santa Cruz and Apache Counties, Arizona; in Bernalillo, Lincoln, Otero, San Miquel, Union, and Doña Ana Counties, New Mexico; and in Larimer, Mineral, and Saguache Counties, Colorado (NatureServe 2007).

Factor A: NatureServe (2007) identifies mechanical disturbance such as rock climbing in the Sandia Mountains of New Mexico as a threat to
Omphalora arizonica
; however, this threat is not considered by NatureServe to be of significant concern. We have determined that this information does not meet the substantial information standard.

Factors B, C, and D: No information was presented in the petition concerning threats to this species from these factors.

Factor E: NatureServe (2007) identifies air pollution as a threat to
Omphalora arizonica
, but does not identify the nature of such pollution nor its impacts on this lichen. We have determined that this information does not meet the substantial information standard.

Based on our evaluation of the information provided in the petition, we have determined that the petition does not present substantial information to indicate that listing
Omphalora arizonica
may be warranted.

Species For Which Substantial Information Was Presented

Reptiles

Arizona Striped Whiptail (
Aspidoscelis arizonae
)

The Arizona striped whiptail is a lizard which inhabits grasslands and shrublands and is reported to occur in a small range in southeastern Arizona, including in the vicinity of the towns of Willcox (Cochise County) and Fairbank (Cochise County), and the Hackberry Ranch in Whitlock Valley (Graham County) (Sullivan
et al
. 2005). Surveys from 2000 through 2003 found the species near Willcox and near Bonita (where not previously recorded), but not in the Whitlock Valley (Sullivan
et al
. 2005). Sullivan
et al
. (2005) did not find appropriate habitat at the historical Fairbank site and believe it was a base camp rather than the actual collection site.

Factor A: NatureServe cited the AGFD (2006) in indicating that habitat degradation due to urban and agricultural development and improper livestock grazing may be threats to the species. Sullivan
et al
. (2005) noted that one historical collecting site is now a housing development where they found no whiptails during their surveys. While they found the species at seven of eight historical collecting sites, they found evidence of recent heavy grazing at most sites occupied by the species (Sullivan
et al
. 2005).

Factor B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition presents substantial information to indicate that listing the Arizona striped whiptail may be warranted due to the present or threatened destruction, modification, or curtailment of its habitat or range resulting from development and improper livestock grazing.

Amphibians

Black-spotted Newt (
Notophthalmus meridionalis
)

The black-spotted newt is known to occur along the Gulf Coastal Plain, from south of the San Antonio River in Texas southward to Tamaulipas, northern Veracruz, and southeastern San Luis Potosi, Mexico (NatureServe 2007). Adults, juveniles, and larvae of the species inhabit permanent and temporary ponds, roadside ditches, and quiet stream pools. The species is usually found among submerged vegetation such as
Chara
spp. (muskgrass) and under rocks and other shelter when ponds dry up (NatureServe 2007). NatureServe (2007) reports results from a Service survey in the mid-1980's whereby the black-spotted newt was observed at 5 localities, 2 in Texas and 3 in Mexico, during 221 surveys conducted. Additionally, NatureServe (2007) reports that the species could be absent from two of the three known localities in Mexico, but still exists in Siberia in northern Veracruz. The black-spotted newt was formerly a candidate 2 species, a taxa for which information in our possession indicated that

proposing to list was possibly appropriate, but for which persuasive data on biological vulnerability and threat were not available to support a proposed listing rule. This species has had no Federal Endangered Species Act status since the practice of maintaining a list of candidate 2 species was discontinued in 1996.

Factor A: NatureServe (2007) identifies past habitat alteration within the historic range of the species in Texas and Mexico as a threat to the species; however, no information is provided concerning the potential for alteration of currently occupied habitats. We have determined that this information does not meet the substantial information standard.

Factors B and C: No information was presented in the petition concerning threats to this species from these factors.

Factor D: NatureServe (2007) states that it is unknown whether any occurrences are appropriately protected or managed. The species is listed as endangered by the Mexican government, but it is not known to occur in any protected areas in Mexico (NatureServe (2007). The species is listed as threatened by Texas Parks and Wildlife Department. Texas Parks and Wildlife Department regulations prohibit the taking, possession, transportation, or sale of any of the animal species designated by State law as endangered or threatened without the issuance of a permit.

Factor E: Dixon (1987) identifies the use of herbicide and pesticide as a threat to the species, indicating that the species “has become endangered in Texas because pesticides and herbicides have been used throughout its area of distribution in Texas.”

Based on our evaluation of the information provided in the petition, we have determined that the petition presents substantial information to indicate that listing the black-spotted newt may be warranted due to the other natural or manmade factors affecting its continued existence resulting from herbicide and pesticide use.

Blanco Blind Salamander (
Eurycea robusta
)

The Blanco blind salamander is found in water-filled underground caverns known to occur in the San Marcos Pool of the Balcones Aquifer (part of the Edwards Aquifer), Hays County, Texas (NatureServe 2007). It is known from four specimens observed in 1951 where only one was collected and preserved (NatureServe 2007).

Factor A: NatureServe (2007) indicates that the Blanco blind salamander may be sensitive to changes in water quality and thus vulnerable to groundwater pollutants. NatureServe (2007) further indicates the salamander is likely threatened by falling groundwater levels that have resulted from increased pumping to support residential and commercial development in the region. Campbell (2003) indicates that increased groundwater use coupled with drought in the region is a serious threat to aquatic species in the Edwards Aquifer.

Factor B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition presents substantial information to indicate that listing Blanco blind salamander may be warranted due to the present or threatened destruction, modification, or curtailment of its habitat or range resulting from water pollutants and water withdrawal.

Comal Blind Salamander (
Eurycea tridentifera
)

The Comal blind salamander is known to occur in the southeastern margin of the Edwards Plateau and the Cibolo Sinkhole Plain region of Comal County, Bexar County, and possibly in Kendall County, Texas (NatureServe 2007). Its current distribution includes Badweather Pit, Honey Creek Cave, Ebert Cave, Comal Springs, Pedernales Spring 1 and Spring 2, and caves at Camp Bullis Army Base (Chippindale and Hills 1994, Hills and Chippindale 2000). Hills and Chippindale (2000) listed at least seven separate occurrences of the species in recent surveys.

Factor A: NatureServe (2007) cites Hills and Chippindale (2000), who note that several species that occur in the Comal Springs ecosystem are threatened by habitat loss and modification due to groundwater withdrawal and groundwater contamination within the Edwards Aquifer. Because the Comal blind salamander co-occurs with these species, it may be facing the same threats. NatureServe (2007) also indicates that the species may be threatened by land development; however, no information was provided indicating that development is occurring or is likely to occur in areas occupied by the species. We have determined that the information presented concerning land development does not meet the substantial information standard.

Factor B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the petition, we have determined that the petition presents substantial information to indicate that listing the Comal blind Salamander may be warranted due to the present or threatened destruction, modification, or curtailment of its habitat or range resulting from groundwater withdrawal and contamination.

Comal Springs Salamander (
Eurycea
sp. 8)

The Comal Springs salamander is known to occur only in Comal Springs in Landa Park and Landa Lake, Texas.

Factor A: NatureServe (2007) cites Chippindale
et al
. (2000), who note that several species that occur in the Comal Springs ecosystem are threatened by habitat loss and modification due to groundwater withdrawal and groundwater contamination within the Edwards Aquifer. Because the Comal Springs salamander co-occurs with these species, it may be facing the same threats.

Factor B, C, D, and E: No information was presented in the petition concerning threats to this species from these factors.

Based on our evaluation of the information provided in the pe

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE9-29699. Public record. Not legal advice.