[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Proposed Rules]
[Page 66865-66905]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de09-28]
[[Page 66865]]
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Part III
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Partial 90-Day Finding
on a Petition to List 475 Species in the Southwestern United States as
Threatened or Endangered With Critical Habitat; Proposed Rule
[[Page 66866]]
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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.
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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
[[Page 66867]]
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
[[Page 66868]]
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
[[Page 66869]]
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.
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Category Scientific Name Common Name Range Group
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A Ashmunella Guadelupe NM, TX Snail
carlsbadensis Woodlandsnail
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A Holospira Bartsch Holospira TX Snail
yucatanensis
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A Humboldtiana Boulder Slide TX Snail
edithae Threeband
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A Pseudosubulina Chisos Foxsnail TX Snail
cheatumi
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A Marstonia Comal Siltsnail TX Snail
comalensis
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A Radiocentrum Fringed NM Snail
ferrissi Mountainsnail
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A Euglandina Glossy Wolfsnail TX Snail
texasiana
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A Holospira Hamilton Holospira TX Snail
hamiltoni
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A Daedalochila Horseshoe Liptooth TX Snail
hippocrepis
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A Holospira oritis Mountain Holospira TX Snail
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A Holospira pityis Pinecone Holospira TX Snail
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A Holospira Rio Grande TX Snail
riograndensis Holospira
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A Holospira pasonis Robust Holospira TX Snail
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A Helicodiscus Wax Coil AR, OK, TX Snail
nummus
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A Holospira mesolia Widemouth TX Snail
Holospira
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A Microdynerus Antioch Potter AZ,CA,NV Insect
arenicolus Wasp
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A Hydroptila protera Caddisfly OK, TX Insect
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A Ptomaphagus Cave Obligate AZ Insect
cocytus Beetle
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A Oncopodura prietoi Cave Obligate NM Insect
Springtail
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A Pseudosinella vita Cave Obligate NM Insect
Springtail
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A Tomocerus grahami Cave Obligate NM Insect
Springtail
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A Afilia sp. 1 Notodontid Moth TX Insect
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A Hydroptila Purse Casemaker LA, TX Insect
ouachita Caddisfly
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A Melanoplus sp. 9 Grasshopper TX Insect
----------------------------------------------------------------------------------------------------------------
A Melanoplus sp. 22 Grasshopper TX Insect
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A Melanoplus sp. 26 Grasshopper TX Insect
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A Melanoplus sp. 36 Grasshopper TX Insect
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A Melanoplus sp. 48 Grasshopper NM Insect
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A Melanoplus sp. 52 Grasshopper AZ Insect
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A Melanoplus sp. 62 Grasshopper TX Insect
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A Ceuthothrombium Cave Obligate Mite NM Arachnid
cavaticum
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A Albiorix Cave Obligate AZ Arachnid
anophthalmus Pseudoscorpion
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[[Page 66870]]
A Aphrastochthonius Cave Obligate NM Arachnid
pachysetus Pseudoscorpion
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A Chitrellina Cave Obligate AZ Arachnid
chiricahuae Pseudoscorpion
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A Neoleptoneta Cave Obligate TX Arachnid
anopica Spider
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A Procambarus Bastrop Crayfish TX Crustacean
texanus
----------------------------------------------------------------------------------------------------------------
A Holsingerius Cave Obligate TX Crustacean
samacos Amphipod
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A Texiweckelia Cave Obligate TX Crustacean
relicta Amphipod
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A Palaemonetes Cave Obligate TX Crustacean
holthuisi Decapod
----------------------------------------------------------------------------------------------------------------
A Amergoniscus Cave Obligate OK Crustacean
centralis Isopod
----------------------------------------------------------------------------------------------------------------
A Amergoniscus Cave Obligate TX Crustacean
gipsocolus Isopod
----------------------------------------------------------------------------------------------------------------
A Sphaeromicola Cave Obligate TX Crustacean
moria Shrimp
----------------------------------------------------------------------------------------------------------------
A Fryxellia pygmaea Fryxell's Pygmy TX Flowering Plant
Mallow
----------------------------------------------------------------------------------------------------------------
A Quercus acerifolia Mapleleaf Oak AR, OK Flowering Plant
----------------------------------------------------------------------------------------------------------------
A Xanthoparmelia Lichen (no common NM Lichen
planilobata name)
----------------------------------------------------------------------------------------------------------------
B Eurycea sp. 6 Pedernales River TX Amphibian
Springs
Salamander
----------------------------------------------------------------------------------------------------------------
B Sonorella Black Mountain AZ, NM Snail
papagorum Talussnail
----------------------------------------------------------------------------------------------------------------
B Sonorella Clark Peak AZ, NM Snail
christenseni Talussnail
----------------------------------------------------------------------------------------------------------------
B Sonorella Hueco Mountains TX Snail
huecoensis Talus Snail
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B Sonorella sp. 1 Terrestrial Snail NM Snail
----------------------------------------------------------------------------------------------------------------
B Limnephilus adapus Caddisfly TX Insect
----------------------------------------------------------------------------------------------------------------
B Comaldessus Comal Springs TX Insect
stygius Diving Beetle
----------------------------------------------------------------------------------------------------------------
B Protoptila arca San Marcos Saddle- TX Insect
case Caddisfly
----------------------------------------------------------------------------------------------------------------
B Sphinx smithi Sphinx Moth (no AZ, Mexico Insect
common name)
----------------------------------------------------------------------------------------------------------------
B Stygobromus limbus Border Cave TX Crustacean
Amphipod
----------------------------------------------------------------------------------------------------------------
B Procambarus Brazoria Crayfish TX Crustacean
brazoriensis
----------------------------------------------------------------------------------------------------------------
B Paramexiweckelia Ruffo's Cave TX Crustacean
ruffoi Amphipod
----------------------------------------------------------------------------------------------------------------
B Adenophyllum Wright's Dogweed AZ, NM Flowering Plant
wrightii
----------------------------------------------------------------------------------------------------------------
B Berberis Kofka Barberry AZ, CA Flowering Plant
harrisoniana
----------------------------------------------------------------------------------------------------------------
B Carex Guadalupe Mountain TX Flowering Plant
mckittrickensis Sedge
----------------------------------------------------------------------------------------------------------------
B Cooperia smallii Small's Rainlily TX Flowering Plant
----------------------------------------------------------------------------------------------------------------
B Hedyotis pooleana Jackie's Bluet TX Flowering Plant
----------------------------------------------------------------------------------------------------------------
B Echeandia texensis Craglily (no TX Flowering Plant
common name)
----------------------------------------------------------------------------------------------------------------
B Opuntia aureispina Golden-spined TX Flowering Plant
Prickly-pear
----------------------------------------------------------------------------------------------------------------
B Opuntia densispina Big Bend Prickly- TX Flowering Plant
pear
----------------------------------------------------------------------------------------------------------------
B Perityle Cochise Rockdaisy AZ Flowering Plant
cochisensis
----------------------------------------------------------------------------------------------------------------
B Quercus boytonii Boynton's Sand AL, TX Flowering Plant
Post Oak
----------------------------------------------------------------------------------------------------------------
B Quercus tardifolia Chisos Mountains TX Flowering Plant
Oak
----------------------------------------------------------------------------------------------------------------
[[Page 66871]]
B Quercus robusta Robust Oak TX Flowering Plant
----------------------------------------------------------------------------------------------------------------
B Selinocarpus Malone Mountains TX Flowering Plant
maloneanus Moonpod
----------------------------------------------------------------------------------------------------------------
B Senna ripleyana Ripley's Senna TX Flowering Plant
----------------------------------------------------------------------------------------------------------------
B Solanum Tigna Potato TX Flowering Plant
leptosepalum
----------------------------------------------------------------------------------------------------------------
B Stellaria Porsild's Starwort AZ, NM Flowering Plant
porsildii
----------------------------------------------------------------------------------------------------------------
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 TX Mammal
Gopher
----------------------------------------------------------------------------------------------------------------
Ashmunella mearnsii Big Hatchet NM Snail
Woodlandsnail
----------------------------------------------------------------------------------------------------------------
Pyrgulopsis simplex Fossil Springsnail AZ Snail
----------------------------------------------------------------------------------------------------------------
Ashmunella hebardi Hacheta Grande NM Snail
Woodlandsnail
----------------------------------------------------------------------------------------------------------------
Sonorella pedregosensis Leslie Canyon AZ Snail
Talussnail
----------------------------------------------------------------------------------------------------------------
Pyrgulopsis davisi Limpia Creek TX Snail
Springsnail
----------------------------------------------------------------------------------------------------------------
Pyrgulopsis montezumensis Montezuma Well AZ Snail
Springsnail
----------------------------------------------------------------------------------------------------------------
Pyrgulopsis metcalfi Naegele Springsnail TX Snail
----------------------------------------------------------------------------------------------------------------
Ashmunella kochi San Andreas NM Snail
Woodlandsnail
----------------------------------------------------------------------------------------------------------------
Adhemarius blanchardorum Blanchard's Sphinx Moth TX Insect
----------------------------------------------------------------------------------------------------------------
Phylocentropus harrisi Caddisfly (no common AL, FL, TX Insect
name)
----------------------------------------------------------------------------------------------------------------
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 CO, NM Insect
common name)
----------------------------------------------------------------------------------------------------------------
Ursia sp. 1 Notodontid Moth (no TX Insect
common name)
----------------------------------------------------------------------------------------------------------------
Cylloepus parkeri Parker's Cylloepus AZ Insect
Riffle Beetle
----------------------------------------------------------------------------------------------------------------
Automeris patagoniensis Patagonia Eyed Silkmoth AZ Insect
----------------------------------------------------------------------------------------------------------------
Sphingicampa raspa Royal Moth (no common AZ, TX Insect
name)
----------------------------------------------------------------------------------------------------------------
Sphinx eremitoides Sage Sphinx CO, KA, NM, TX Insect
----------------------------------------------------------------------------------------------------------------
Thymoites minero Cave Obligate Spider AZ Arachnid
(no common name)
----------------------------------------------------------------------------------------------------------------
Procambarus nigrocinctus Blackbelted Crayfish TX Crustacean
----------------------------------------------------------------------------------------------------------------
Procambarus nechesae Neches Crayfish TX Crustacean
----------------------------------------------------------------------------------------------------------------
Streptocephalus moorei Spinythumb Fairy Shrimp NM, Mexico Crustacean
----------------------------------------------------------------------------------------------------------------
[[Page 66872]]
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 NM, TX Flowering Plant
Cactus
----------------------------------------------------------------------------------------------------------------
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 TX, Mexico Flowering Plant
Rockdaisy
----------------------------------------------------------------------------------------------------------------
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 AZ Reptile
Whiptail
----------------------------------------------------------------------------------------------------------------
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 TX Amphibian
Salamander
----------------------------------------------------------------------------------------------------------------
Eurycea neotenes Texas Salamander TX Amphibian
----------------------------------------------------------------------------------------------------------------
[[Page 66873]]
Macrhybopsis tetranema Arkansas River Speckled CO, KA, NM, OK, TX Fish
Chub
----------------------------------------------------------------------------------------------------------------
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 NM Clam
Peaclam
----------------------------------------------------------------------------------------------------------------
Toxolasma corvunculus Southern Purple AL, FL, GA, OK Clam
Lilliput
----------------------------------------------------------------------------------------------------------------
Fusconaia lananensis Triangle Pigtoe TX Clam
----------------------------------------------------------------------------------------------------------------
Pyrgulopsis arizonae Bylas Springsnail AZ Snail
----------------------------------------------------------------------------------------------------------------
Ashmunella macromphala Cook's Peak NM Snail
Woodlandsnail
----------------------------------------------------------------------------------------------------------------
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 NM Snail
Mountainsnail
----------------------------------------------------------------------------------------------------------------
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 TX Insect
Beetle
----------------------------------------------------------------------------------------------------------------
Lycaena ferrisi Ferris's Copper AZ Insect
----------------------------------------------------------------------------------------------------------------
Astylis sp. 1 Notodontid Moth (no AZ Insect
common name)
----------------------------------------------------------------------------------------------------------------
Heterocampa sp. 1 nr. amanda Notodontid Moth (no AZ Insect
common name)
----------------------------------------------------------------------------------------------------------------
Litodonta sp. 1 nr. alpina Notodontid Moth (no AZ Insect
common name)
----------------------------------------------------------------------------------------------------------------
Ursia furtiva Notodontid Moth (no TX Insect
common name)
----------------------------------------------------------------------------------------------------------------
[[Page 66874]]
Papaipema eryngii Rattlesnake-master AR, IL, IN, IA, KY, MO, Insect
Borer Moth NC, OK
----------------------------------------------------------------------------------------------------------------
Sphingicampa blanchardi Royal Moth (no common TX, Mexico Insect
name)
----------------------------------------------------------------------------------------------------------------
Argia sabino Sabino Dancer AZ Insect
----------------------------------------------------------------------------------------------------------------
Anacroneuria wipukupa Stonefly (no common AZ, Mexico Insect
name)
----------------------------------------------------------------------------------------------------------------
Agapema galbina Tamaulipan Agapema AZ, TX, Mexico Insect
----------------------------------------------------------------------------------------------------------------
Archeolarca cavicola Grand Canyon Cave AZ Arachnid
Scorpion
----------------------------------------------------------------------------------------------------------------
Cambarus subterraneus Delaware County Cave OK Crustacean
Crayfish
----------------------------------------------------------------------------------------------------------------
Orconectes saxatilis Kiamichi Crayfish OK Crustacean
----------------------------------------------------------------------------------------------------------------
Cambarus tartarus Oklahoma Cave Crayfish OK Crustacean
----------------------------------------------------------------------------------------------------------------
Lirceolus smithii Texas Troglobitic Water TX Crustacean
Slater
----------------------------------------------------------------------------------------------------------------
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- NM, Mexico Flowering Plant
paintbrush
----------------------------------------------------------------------------------------------------------------
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,
[[Page 66875]]
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
[[Page 66876]]
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
[[Page 66877]]
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
[[Page 66878]]
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
[[Page 66879]]
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
[[Page 66880]]
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
[[Page 66881]]
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 Hu[aacute]sabas 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,
[[Page 66882]]
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
[[Page 66883]]
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).
[[Page 66884]]
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
[[Page 66885]]
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 Do[ntilde]a 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
[[Page 66886]]
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
petition, we have determined that the petition presents substantial
information to indicate that listing the Comal Springs salamander may
be warranted due to the present or threatened destruction,
modification, or curtailment of its habitat or range resulting from
groundwater withdrawal and groundwater contamination.
Texas Salamander (Eurycea neotenes)
The Texas Salamander is known to occur in Bexar County in south-
central Texas (NatureServe 2007). It was formerly thought to be a wide-
ranging species (Sweet 1984), but recent genetic data indicates that it
is restricted to Helotes Creek Spring, Leon Springs, and Mueller's
Spring (Chippindale et al. 2000). No further information regarding the
historical or current distribution or status of the species was
presented.
Factor A: Bruce (1976) identifies frequent drought and occasional
flooding, which would destroy or modify its habitat, as threats to the
Texas salamander. Although those Texas salamanders in permanent springs
or underground waters would be expected to survive droughts, it is
likely that many would be trapped downstream in drying surface pools
(Bruce 1976). Information readily
[[Page 66887]]
available in our files confirms that droughts occur in this region of
south-central Texas (72 FR 71040, December 13, 2007).
Factor B: No information was presented in the petition concerning
threats to this species from this factor.
Factor C: Bruce (1976) indicates that a high mortality rate in
juvenile Texas salamanders may be due to high predation, but provides
no information on the type of predation that may be occurring. 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 presents substantial
information to indicate that listing the Texas salamander may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from drought.
Fish
Arkansas River Speckled Chub (Macrhybopsis tetranema)
The Arkansas River speckled chub is a fish known to occur in
shallow channels of large, permanently flowing, sandy streams
(NatureServe 2007). Historically, it occurred in the upper Arkansas
River basin in Oklahoma, Kansas, Texas, New Mexico, and Colorado. It is
currently known to be extant in two widely disjunct areas: the
Ninnescah River and an associated portion of the Arkansas River in
Kansas, and the South Canadian River between Ute and Meredith
reservoirs in New Mexico and Texas (Eisenhour 1999; Luttrell et al.
1999).
Factor A: According to NatureServe (2007) and Luttrell et al.
(1999), the Arkansas River speckled chub may be threatened by
continuing river impoundments, water diversion projects, drought, and
depletions of groundwater.
Factors B, C, and D: No information was presented in the petition
concerning threats to this species from these factors.
Factors E: Reservoirs and dewatered river stretches may pose
further threats to the species by creating barriers to movement and
recolonization (Luttrell et al. 1999). According to NatureServe (2007)
and Luttrell et al. (1999), the species has declined in Kansas and
Arkansas due to dewatering of streams, and low-water dams and other
obstructions, which may have fragmented habitat and blocked upstream
recolonization. NatureServe (2007) claims that pollution from oil,
feedlots, and pesticides is probably also preventing upstream
recolonization.
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 Arkansas River speckled chub
may be warranted due to the present or threatened destruction,
modification, or curtailment of its habitat or range resulting from
water impoundment and diversion projects, and due to other natural or
manmade factors affecting its continued existence resulting from
restricted recolonization.
Chihuahua Catfish (Ictalurus sp. 1)
The Chihuahua catfish historically occurred in the Rio Grande basin
in New Mexico, Texas, and Mexico, and possibly the Rio San Fernando
basin in Nuevo Leon and Tamaulipas, Mexico (Service 1994). According to
Service (1994), the species trend is declining and may be extirpated in
the United States. Anderson et al. (1995) indicate that catfishes in
general show a pattern of reduced relative abundance in most Texas
rivers. The Chihuahua catfish 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: Anderson et al. (1995) identify causes for changes in
diversity of fishes in Texas, including dam construction, proliferation
of exotic species, and increasing water demands; however, no
information specific to this species is included. Information in
Service (1994) supports the information presented in Anderson et al.
(1995) and notes that the aquatic habitats of this catfish are
threatened with pollution and dewatering, and that nonnative species
threaten native fish fauna.
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 presents substantial
information to indicate that listing the Chihuahua catfish may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range, resulting from pollution,
dewatering, and nonnative species.
Nueces Shiner (Cyprinella sp. 2)
The Nueces shiner is a small fish known to occur in clear, cool
headwater creeks of the Nueces River in Texas (Richardson and Gold
1995).
Factor A: Groundwater levels for much of south-central Texas have
decreased substantially over the past decade, resulting in
significantly reduced water flow in spring-fed rivers, including the
Nueces River (Richardson and Gold 1995; NatureServe 2007). In addition,
much of the land in the Nueces River basin is used for agriculture, and
both improper grazing by livestock and possible stream pollution from
pesticides and other chemicals may pose serious problems for the Nueces
shiner (Richardson and Gold 1995; NatureServe 2007).
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 presents substantial
information to indicate that listing the Nueces shiner may be warranted
due to the present or threatened destruction, modification, or
curtailment of its habitat or range resulting from reduced water flow,
improper grazing by livestock and pollution.
Pecos Pupfish (Cyprinodon pecosensis)
The Pecos pupfish is known from a small range in the Pecos River
drainage of New Mexico and Texas (NatureServe 2007). The historical
range of the species includes the Pecos River from Bitter Lake National
Wildlife Refuge and Bottomless Lakes State Park near Roswell, New
Mexico, downstream approximately 650 km (404 mi) to the mouth of
Independence Creek, Texas (Service 2000). The species was also found in
gypsum sinkholes and saline springs at Bitter Lake National Wildlife
Refuge; sinkholes and springs at Bottomless Lakes State Park; and in
Salt Creek, Reeves County, Texas. As of 2000, the species was known to
occur only in the upper reach of Salt Creek in Texas, in the Pecos
River from north of Malaga upstream to Bitter Lake National Wildlife
Refuge, Bottomless Lakes State Park, and the Bureau of Land Management
(BLM) Overflow Wetlands Wildlife Habitat Area/Area of Critical
Environmental Concern (Service 2000).
Factor A: Information presented in NatureServe (2007) and verified
by Service (2000) indicates Pecos pupfish habitat may be threatened by
alterations
[[Page 66888]]
of habitat, such as dewatering, channelization, and nonnatural flow
regime, due to excessive groundwater pumping and dams on the Pecos
River. Lower water tables may also eliminate water flow between
sinkholes, isolating small populations. Oil spills from pipelines into
Salt Creek, Texas, have occurred and accidental spills or leaks may
represent an ongoing threat to water quality throughout its range.
Factor B and C: No information was presented in the petition
concerning threats to this species from these factors.
Factor D: In 1999, the Texas Parks and Wildlife Department; New
Mexico Department of Game and Fish (NMDGF); New Mexico Energy,
Minerals, and Natural Resources Department; New Mexico Department of
Agriculture; New Mexico Environmental Department; New Mexico Office of
the State Engineer; BLM; and Service signed a conservation agreement
for the Pecos pupfish. The purpose of the agreement was to secure and
protect the Pecos pupfish within its occupied and historical range
(Texas Parks and Wildlife Department et al. 1999); however, the
agreement expired in 2004 and has not been renewed.
Factor E: The Pecos pupfish may be threatened by hybridization with
the sheepshead minnow (Cyprinodon variegatus) (NatureServe 2007;
Service 2000). The sheepshead minnow was apparently introduced into the
Pecos River in Texas in the 1980s (Echelle and Connor 1989).
Interbreeding with the Pecos pupfish lead to hybridization and swamping
of the genetic material of the Pecos pupfish with that of the
sheepshead minnow and Pecos pupfish-sheepshead minnow hybrids. As of
1998, the sheepshead minnow had replaced the Pecos pupfish in about
two-thirds of its former range.
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 Pecos pupfish may be warranted
due to the present or threatened destruction, modification, or
curtailment of its habitat or range as a result of water quality and
quantity issues, and due to other natural or manmade factors affecting
its continued existence as a result of hybridization with the
sheepshead minnow.
Plateau Shiner (Cyprinella lepida)
The Plateau shiner is a small fish known to occur in a small range
in the clear, cool spring-fed headwater creeks of the Frio and Sabinal
Rivers in central Texas (Nueces River system). Survey efforts indicate
that population sizes have decreased appreciably and suggest that the
decline in abundance is particularly evident in the Sabinal River
(Richandson and Gold 1995).
Factor A: The species' decline is believed to be associated with
habitat alteration resulting from dewatering, improper grazing by
livestock, and possible stream pollution from pesticides and other
agricultural chemicals (Richardson and Gold 1995; NatureServe 2007).
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 presents substantial
information to indicate that listing the Plateau shiner may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from dewatering,
improper grazing by livestock, and possible stream pollution.
San Felipe Gambusia (Gambusia clarkhubbsi)
The San Felipe gambusia is a fish known to occur in San Felipe
Creek, Val Verde County, Texas. The species appears to prefer edge or
quiet water habitat in close association to areas with significant
spring flows (Garrett and Edwards 2003). On February 13, 2007, we
published a 90-day finding in response to a petition to list the
species as threatened or endangered under the Act. We found that the
petition did not present substantial information that the species
warranted listing at that time (72 FR 6703). However, we are re-
evaluating the information we considered at that time and information
presented in the current petition.
Factor A: San Felipe Creek is an urban stream that has been
modified for bank stabilization, flood control, public access, road
bridges, and diversion of irrigation water (Garrett and Edwards 2003).
As a result, the San Felipe gambusia may be threatened by water quality
problems including elevated nitrate, phosphate, and orthophosphate
levels (Garrett and Edwards 2003).
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 presents substantial
information to indicate that listing the San Felipe gambusia may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from development and
pollution.
Toothless Blindcat (Trogloglanis pattersoni)
The toothless blindcat is a catfish known to occur in five wells
that penetrate the San Antonio Pool of the Edwards Aquifer in and near
San Antonio, Bexar County, Texas (NatureServe 2007).
Factor A: Ono et al. (1983) identify decreasing water levels in the
Edwards Aquifer and contamination from chemical pollution as threats to
the toothless blindcat. The Edwards Aquifer supplies irrigation and
drinking water to the area around San Antonio, Texas (Ono et al. 1983).
Projected increases in the human population around San Antonio will
likely result in an increase in water usage which would lower the water
level in the aquifer to below the rainfall recharge zone (Ono et al.
1983). As such, the species may be vulnerable to pollution and
depletion of the aquifer (Ono et al. 1983). In addition, Anderson et
al. (1995) includes local habitat disturbances, such as the alteration
of instream flow and eutrophication as threats to the species.
Eutrophication is caused by an excess of nutrients, such as nitrogen
and phosphorus, which stimulate excessive plant growth that results in
the depletion of dissolved oxygen needed by the toothless blindcat.
Factor B, C, and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: Competition may be a threat due to the rapid increase of
exotic species within the toothless blindcat's occupied habitat
(Anderson et al. 1995).
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 toothless blindcat may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range other natural or manmade factors
affecting its continued existence resulting from water drawdown and
pollution, or to other natural or manmade factors affecting its
continued existence resulting from competition.
White Sands Pupfish (Cyprinodon tularosa)
The White Sands pupfish occurs in Lincoln, Otero, and Sierra
Counties, New Mexico (NatureServe 2007). The species is abundant where
its habitat occurs in the Tularosa Basin within the White Sands Missile
Range and
[[Page 66889]]
Holloman Air Force Base, where the White Sands pupfish typically occurs
in clear, shallow water over a variety of substrates, ranging from sand
and gravel to silt and mud (NatureServe 2007, U.S. Army et al. 2006).
Factor A: NatureServe (2007) identifies habitat alteration as a
threat to the White Sands pupfish. According to NatureServe (2007),
feral horses degrade aquatic habitats; however, no further discussion
was provided. We have no information that feral horses occur in that
portion of the Tularosa Basin; however, information in our files
indicates that oryx (Oryx gazelle), an exotic African ungulate, occurs
and breeds year long in the area (Rowley 2001). NatureServe (2007)
states that missile impact in pupfish habitat may affect or eliminate a
population. We have information in our files that missile firing
activity occurs in the area (U.S. Army et al. 2006). According to
NatureServe (2007), surface water withdrawal is prohibited, but
military activities, such as road construction, may require the use of
groundwater, which may affect the quality of aquatic habitats.
NatureServe (2007) states that introduced salt cedar (Tamarix spp.) has
spread throughout the area occupied by the pupfish and may affect water
levels or suitability of pupfish habitat. NatureServe (2007) states
that the use of off-road vehicles by recreationalists or for military
activities is a threat to the species; however, no further discussion
is provided.
Factors B and C: No information was presented in the petition
concerning threats to this species from these factors.
Factor D: The White Sands pupfish is managed under the
implementation of a management plan jointly administered by NMDGF, the
Service, the U.S. National Park Service, Holloman Air Force Base, and
White Sands Missile Range (NatureServe 2007). We do not have
information on the effectiveness of the implementation of this
management plan; however, we will evaluate it more thoroughly during
our status review for the species.
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 presents substantial
information to indicate that listing the White Sands pupfish may be
warranted, resulting from an exotic ungulate, missile-firing activity,
water withdrawal, and the introduced plant salt cedar.
Widemouth Blindcat (Satan eurystomus)
The widemouth blindcat is a catfish known to occur in five artesian
wells penetrating the San Antonio Pool of the Edwards Aquifer in and
near San Antonio, Bexar County, Texas (NatureServe 2007).
Factor A: Ono et al. (1983) identify decreasing water levels in the
Edwards Aquifer and contamination from chemical pollution as threats to
the toothless blindcat. The Edwards Aquifer supplies irrigation and
drinking water to the area around San Antonio, Texas (Ono et al. 1983).
Projected increases in the human population around San Antonio will
likely result in an increase in water usage which would lower the water
level in the aquifer to below the rainfall recharge zone (Ono et al.
1983). In addition, Anderson et al. (1995) includes local habitat
disturbances, such as the alteration of instream flow and
eutrophication as threats to the species. Eutrophication is caused by
an excess of nutrients, such as nitrogen and phosphorus, which
stimulate excessive plant growth that results in the depletion of
dissolved oxygen needed by the toothless blindcat.
As such, the species may be vulnerable to pollution and depletion
of the aquifer (Ono et al. 1983). In addition, Anderson et al. (1995)
includes local habitat disturbances, such as the alteration of instream
flow and eutrophication, as being threats to the species.
Factors B, C, and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: Competition may be a threat due to the rapid increase of
exotic species within the widemouth blindcat's occupied habitat
(Anderson et al. 1995).
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 widemouth blindcat may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range other natural or manmade factors
affecting its continued existence resulting from water drawdown and
pollution, or to other natural or manmade factors affecting its
continued existence resulting from competition.
Clams
Louisiana Pigtoe (Pleurobema riddellii)
The Louisiana pigtoe is a freshwater mussel historically known to
occur as far west as the San Jacinto and Trinity Rivers, Texas,
eastward through the Neches and Sabine systems into the Red River and
Bayou Pierre of north central Louisiana (Howells et al. 1996, 1997). We
have information in our files that in an extensive survey for mussels
throughout Texas, Howells (2006) found the species at only two sites in
eastern Texas and concluded that it has declined in Texas in recent
decades.
Factor A: NatureServe (2007) indicates that general human
modification of the area, including timber cutting, gravel and sand
removal, is impacting mussel species within the region. The Louisiana
Department of Wildlife and Fisheries (2007) identifies loss of habitat
as a result of siltation and impoundments, and stream pollution as
threats to the species in that state. Additional threats likely to
affect the species in Texas are poor land and water management
practices resulting in the loss of mussel habitat (Howells et al. 1997)
and improper flow control from an upstream dam in the Neches River
(Howells 2006).
Factor B: Turgeon et al. (1998) identify overharvesting as a threat
to mussel species in general; however, no information specific to this
species was presented.
Factors C and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: Turgeon et al. (1998) identify contamination by viruses,
bacteria, harmful algal blooms, and toxic chemicals as threats to
shellfish; however, no information specific to the Louisiana pigtoe was
provided. Turgeon et al. (1998) also identify competition from
introduced species as a threat to mollusk species in general; however,
no information specific to the Louisiana pigtoe was provided.
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 Louisiana pigtoe may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from general human
modification of the water and adjacent land, siltation, impoundments,
and water pollution.
Sangre de Cristo Peaclam (Pisidium sanguinichristi)
The Sangre de Cristo peaclam is a small freshwater clam known to
occur in Middle Fork Lake, Taos County, New Mexico (NMDGF 2008). It is
found in mud along emergent grasses in sheltered embankments and rocky
substrates. NMDGF (2008) cites Taylor (1987), who
[[Page 66890]]
suggested the clam may occur in other portions of the southern Rocky
Mountains, but his surveys and those initiated by NMDGF in the mid-
1990s have failed to find additional occurrences of the clam. We were
petitioned to list the Sangre de Cristo peaclam in 1985 by NMDGF. In
1987, we published a finding on the petition indicating that the
petitioned action was warranted, but precluded by work on higher
priority listings (July 1, 1987; 52 FR 24485). In 1991, we classified
this species as a candidate 2, 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. On December 5,
1996, we published a rule that discontinued the practice of keeping a
list of category 2 candidate species (61 FR 64481), and the Sangre de
Cristo peaclam was no longer considered a candidate species.
Factor A: NatureServe (2007) indicates that threats to the clam may
include mining, water pollution from fish and forest fire management,
and dewatering due to population growth. NMDGF (2008) supports the
assertions of NatureServe (2007) in noting that runoff from placer
mining and water pollution from fish and forest fire management may
threaten the species, but does not speak to the threat of dewatering.
NatureServe (2007) provides no discussion indicating whether dewatering
due to population growth is occurring in occupied habitats. We do not
consider the information presented concerning dewatering to meet the
substantial information standard.
Factor B: Turgeon et al. (1998) identify overharvesting as a threat
to mussel species in general; however, no information specific to this
species was presented.
Factor C: No information was presented in the petition concerning
threats to this species from this factor.
Factor D: NMDGF (2008) indicates that a conservation assessment
plan for this species between the Service, U.S. Forest Service, and
NMDGF was formalized in 1996. According to NMDGF (2008), the plan
``calls for multi-agency research and management efforts direct at
protection of the species.'' We do not have information on the
effectiveness of the implementation of this plan; however, we will
evaluate it more thoroughly during our status review for the species.
Factor E: Turgeon et al. (1998) identify contamination by viruses,
bacteria, harmful algal blooms, and toxic chemicals as threats to
shellfish; however, no information specific to the Sangre de Cristo
peaclam was provided. Turgeon et al. (1998) also identify competition
from introduced species as a threat to mollusk species in general;
however, no information specific to the Sangre de Cristo peaclam was
provided.
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 Sangre de Cristo peaclam may
be warranted due to the present or threatened destruction,
modification, or curtailment of its habitat or range resulting from
water pollution.
Southern Purple Lilliput (Toxolasma corvunculus)
The southern purple lilliput is a small freshwater mussel reported
from Swamp Creek, Whitfield County, Georgia; Village Creek, Jefferson
County, Alabama; the Sipsey Fork and Cahaba River in Alabama, and
historically from Lake Ashby, Volusia County, Florida (NatureServe
2007). Current information in our files indicates that it may remain in
four locations: the Sipsey Fork, Little Cahaba River, two tributaries
to the Middle Coosa River, and a site in the Tallapoosa drainage, all
within the Mobile River basin of Georgia and Alabama (J. Powell 2009,
pers. comm.). According to NatureServe (2007), Isely reported it in
1924 from Cherokee County, Oklahoma, but records remain unconfirmed,
and Branson (1982; 1983; 1984) does not include this species in the
mussel fauna of Oklahoma. This species is known to inhabit the same
tributaries of the Coosa River in which the Georgia pigtoe mussel,
interrupted rocksnail, and rough hornsnail have recently been proposed
as endangered with critical habitat (74 FR 31114, June 29, 2009).
Factor A: Hurd (1974) indicates that habitat degradation as a
result of human activities, such as creation of hydroelectric and other
impoundments, and contamination with sewerage, insecticides, and other
chemicals, threatens the species. Dams eliminate or reduce river flow
within impounded areas, cause sediment deposition, alter water
temperature and dissolved oxygen levels, change downstream water flow
and quality, affect normal flood patterns, and block upstream and
downstream movement of species (74 FR 31114). McGregor et al. (2000)
also indicates that poor water quality in the Cahaba River from high
nutrient inputs may threaten the species there.
Factor B: Turgeon et al. (1998) identify overharvesting as a threat
to mussel species in general; however, no information specific to this
species was presented.
Factors C and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: Turgeon et al. (1998) identify contamination by viruses,
bacteria, harmful algal blooms, and toxic chemicals as threats to
shellfish; however, no information specific to the southern purple
liliput was provided. Turgeon et al. (1998) also identify competition
from introduced species as a threat to mollusk species in general;
however, no information specific to the southern purple liliput was
provided.
Based on our evaluation of the information provided in the petition
and our files, we have determined that the petition presents
substantial information to indicate that listing the southern purple
lilliput may be warranted due to the present or threatened destruction,
modification, or curtailment of its habitat or range resulting from
impoundments and poor water quality.
Triangle Pigtoe (Fusconaia lananensis)
The triangle pigtoe is a freshwater mussel known to occur in the
Neches and San Jacinto Rivers and Village Creek in three counties in
eastern Texas (Howells et al. 1996, NatureServe 2007). It is known from
collections at 45 sites on the Neches River and 13 on the San Jacinto
River (Howells et al. 1997). It is believed to be extirpated from all
but one tributary to the Neches River and possibly extirpated from the
San Jacinto River (Howells et al. 1997). This species' habitat
primarily consists of mixed mud, sand, and fine gravel in small rivers
(Howells et al. 1996).
Factor A: According to NatureServe (2007) and Howells et al.
(1997), sand deposition from environmental disturbances to the San
Jacinto River has caused either the depletion or extirpation of the
species in that river. Howells et al. (1997) indicate that the
population declines are likely due to poor land and water management
practices that have resulted in the loss of mussel habitat.
Factor B: Turgeon et al. (1998) identify overharvesting as a threat
to mussel species in general; however, no information specific to this
species was presented.
Factors C and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: Turgeon et al. (1998) identify contamination by viruses,
bacteria, harmful algal blooms, and toxic chemicals as threats to
shellfish; however, no information specific to the
[[Page 66891]]
triangle pigtoe was provided. Turgeon et al. (1998) also identify
competition from introduced species as a threat to mollusk species in
general; however, no information specific to the triangle pigtoe was
provided.
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 triangle pigtoe may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from sand deposition,
and poor land and water management practices.
Snails
Bylas Springsnail (Pyrgulopsis arizonae)
The Bylas springsnail is a small freshwater snail known to occur in
three springs on the north bank of the Gila River between Bylas and
Pima in Graham County, southeastern Arizona (AGFD 2003). According to
AGFD (2003), the Bylas springsnail occurs in springs that are mildly
thermal, ranging from 26 to 32 degrees Celsius (79 to 90 degrees
Fahrenheit). The most abundant submergent vegetation is Chara spp., and
species of sedges and Distichlis (saltgrass) grow along the margins of
the springs. The species is most abundant on dead wood, gravel, and
pebbles (AGFD 2003). The Bylas 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 snail is threatened by
water development, including pond construction, and habitat degradation
due to livestock grazing. AGFD (2003) recommends fencing of the springs
to protect them from the effects of grazing.
Factor B, C, and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: According to AGFD (2003), the species is threatened by
its restricted geographic distribution with associated potential for
extinction due to chance events. In the absence of information
identifying other threats to the species and linking those threats to
the restricted geographic distribution of the species, we do not
consider restricted geographic distribution to be a threat.
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 Bylas springsnail may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from water
modification and livestock grazing.
Cook's Peak Woodlandsnail (Ashmunella macromphaia)
The Cook's Peak woodlandsnail is known to occur on two rock slides,
400 m (1,312 ft) apart, on Cooke's Peak in Luna County, New Mexico, and
in a single isolated population located in OK Canyon in Carson National
Forest, northern New Mexico (Lang 2000). According to NMDGF (2008), the
snails occupy the edges of the talus, where they occur under rocks,
soil, and debris. The snail also uses the vegetation surrounding the
talus such as oaks (Quercus sp.), which provide food and shelter for
the species (NMDGF 2008). Fossil shells were found at the base of
Cooke's Peak (Metcalf and Smartt 1997) indicating that the species
likely occupied more of the mountain. The Cook's Peak woodlandsnail 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: NatureServe (2007) indicates this species may be
threatened by mining activities and wildfire. According to NMDGF
(2008), natural perturbations of its habitat such as fire and
rockslides, and mining (surface and underground) represent the primary
threats to the species. NatureServe (2007) further notes that the
mountain occupied by the species is grazed by cattle, but that the
rocky slopes occupied by the woodlandsnail are not favored by cattle.
Lang (2000) documented grazing at the type locality for this species
and notes that although cattle likely don't graze the rocky slopes,
intense grazing of the woody vegetation surrounding the rocky slope can
potentially decrease leaf litter available as food for snails. To this
end, Lang (2000) recommends exclusion of grazing from these areas.
Factors B, C, and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: Climate change may be a threat, based on fossil evidence
that the range has contracted to higher elevations of the mountain
occupied by the species (Metcalf and Smartt 1997). Its declining trend
is estimated to be 10 to 30 percent due to its range contraction
attributed to drying of the climate in the past ten thousand or more
years (Metcalf and Smartt 1997), which suggests that the range may
continue to contract with continued warming of the climate.
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 Cook's Peak woodlandsnail may
be warranted due to the present or threatened destruction,
modification, or curtailment of its habitat or range, resulting from
fire, rockslides, and mining, and to other natural manmade factors
affecting its continued existence resulting from climate change.
Dona Ana Tallussnail (Sonorella todseni)
The Dona Ana tallussnail is known to be restricted to the Dona Ana
Mountains, a small mountain range in Dona Ana County, New Mexico
(Metcalf and Smartt 1997). According to NatureServe (2007), the known
population size is small, estimated at less than 1,000 individuals.
Although Sullivan (1997) estimated the occupied range to be 0.4 ha (1.0
ac), Lang (2000) found it at a few additional sites in the mountain
range. The Dona Ana tallussnail 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.
Factors A: NatureServe (2007) stated that the mountain does not
appear to have recreational values that would threaten the species.
NatureServe (2007) further notes ``whether mining is a threat needs to
be determined.'' Lang (2000) indicates extant populations are highly
vulnerable to any forms of soil disturbance, including foot traffic by
human or cattle, or mining activities, but does not indicate whether
these activities are occurring or are likely to
[[Page 66892]]
occur in tallussnail habitats. We do not consider the information
provided in NatureServe (2007) and Lang (2000) to be 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) indicates this species is listed by
the State of New Mexico as an endangered species, which prohibits
collection without a permit; however, overcollection was not identified
as a threat under Factor B above. Additionally, NatureServe (2007)
notes that a portion of the range of the species occurs on BLM lands in
an Area of Critical Concern, although they note that the adequacy of
protection due to this designation needs to be reviewed further. We
have determined that this information does not meet the substantial
information standard.
Factor E: NatureServe (2007) claims that restricted range and low
numbers of occurrences of this species are a threat. In the absence of
information identifying other threats to the species and linking those
threats to the restricted range and rarity of the species, we do not
consider restricted range or rarity to be a threat. Old shells found at
the base of the small occupied mountain beyond the currently occupied
sites (NatureServe 2007) suggest that the range of the species has
contracted over time. Sullivan (1997) indicates that range contraction
is attributed to drying of the climate in the past 10 thousand years
and suggests that the range will continue to contract with continued
warming of the climate.
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 Dona Ana tallussnail may be
warranted due to other natural or manmade factors affecting its
continued existence resulting from climate change.
Gila Tryonia (Tryonia gilae)
The Gila tryonia is a freshwater snail known to occur in springs on
the north side of the Gila River between Bylas and Pima in Graham
County, Arizona (NatureServe 2007). The species can be found on dead
wood, leaves, or stones in spring or springbrooks (Taylor 1987). Its
habitat consists of spring sources that are all mildly thermal, ranging
from 26 to 32 degrees Celsius (79 to 90 degrees Fahrenheit) (AGFD
2003). The most abundant submergent vegetation is Chara spp., and
species of sedges and Distichlis (saltgrass) grow along the margins of
the springs. The Gila tryonia 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 species is threatened by
groundwater depletion and reduction of spring flows. AGFD (2003)
further indicates that protection of spring sources is a needed
management activity.
Factor B, C, and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: According to AGFD (2003), the species' restricted
geographic distribution makes it vulnerable to extinction due to chance
events. In the absence of information identifying other threats to the
species and linking those threats to the restricted geographic
distribution of the species, we do not consider restricted geographic
distribution to be a threat.
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 Gila tryonia may be warranted
due to the present or threatened destruction, modification, or
curtailment of its habitat or range, resulting from groundwater
depletion and reduction of spring flows.
Grand Wash Springsnail (Pyrgulopsis bacchus)
The Grand Wash springsnail is a small freshwater snail known to
occur in Grapevine, Whisky, and Tassi springs within the Grand Wash
trough, Mohave County, northwestern Arizona (AGFD 2001). Empty shells
suspected to be the Grand Wash springsnail were collected from the
southern end of the Virgin Mountains, Clark County, southeastern Nevada
(AGFD 2001). Where they occur, the snail may be very abundant, in the
tens of thousands, with as many as 30 to 50 snails being found on a
single submerged cottonwood leaf (AGFD 2001). The Grand Wash
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 the AGFD (2001), threats to the snail
include groundwater depletion, subsequent loss of spring flows, and
habitat degradation due to livestock use. Grapevine and Whiskey springs
are fenced to prevent access by livestock, but Tassi Springs is not
fenced, and livestock can access the spring complex. We also have
information in our files that ungulate grazing causes degradation of
spring habitats in Arizona (Service 2008c). AGFD (2001) further
indicates that fencing of habitats is a needed management activity.
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 Grand Wash springsnail may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range, resulting from groundwater
depletion, loss of spring flows, and livestock use.
Huachuca Woodlandsnail (Ashmunella levettei)
The Huachuca woodlandsnail is known to occur in Arizona and New
Mexico (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: Fairbanks and Miller (1983) documented inbreeding and the
subsequent loss of heterozygosity (a measure of genetic diversity) in
several populations of Huachuca woodlandsnail. We are aware that
inbreeding can act as a stressor in small populations.
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 Huachuca woodlandsnail may be
warranted due to other natural or manmade factors affecting its
continued existence resulting from inbreeding.
Kingman Springsnail (Pyrgulopsis conica)
The Kingman springsnail is known to occur in the Burns, Dripping,
and Cool
[[Page 66893]]
springs in the Black Mountains near Kingman, Mohave County, Arizona.
The species is a gill breather and, therefore, requires perennially
flowing water (AGFD 2003). Springsnails in the genus Pyrgulopsis are
generally found on rock or aquatic plants in moderate current.
Factor A: According to AGFD (2003), the species is threatened by
groundwater depletion and reduction of spring flows. AGFD (2003) also
states that development is a threat to the species. AGFD (2003) further
indicates that protection of the remaining known spring sources is a
needed management activity.
Factor B, C, and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: According to AGFD (2003), the species' restricted
geographic distribution makes it vulnerable to extinction due to chance
events. In the absence of information identifying other threats to the
species and linking those threats to the restricted geographic
distribution of the species, we do not consider restricted geographic
distribution to be a threat.
Based on our evaluation of the information provided in the petition
and in our files, we have determined that the petition presents
substantial information to indicate that listing the Kingman
springsnail may be warranted due to the present or threatened
destruction, modification, or curtailment of its habitat or range
resulting from groundwater depletion with loss of spring flow and human
development.
Mimic Cavesnail (Phreatodrobia imitata)
The mimic cavesnail is known from two wells penetrating the Edwards
Aquifer, Texas (NatureServe 2007).
Factor A: Several species that occur in the Edwards Aquifer are
known to be facing the threats of loss of habitat due to groundwater
withdrawal and groundwater contamination (Service 1996). Because the
mimic cavesnail co-occurs with these species, it may be facing the same
threats.
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 presents substantial
information to indicate that listing the mimic cavesnail may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from resulting from
groundwater withdrawal and groundwater contamination.
Mineral Creek Mountainsnail (Oreohelix pilsbryi)
The Mineral Creek mountainsnail is a snail known to occur in a
small limestone outcrop in the Black Range mountains of Sierra County,
New Mexico (NatureServe 2007; Metcalf and Smartt 1997; Lang 2000). The
species can be found in moist limestone crevices and in soil and leaf
litter beneath limestone rocks. The occupied patches within the outcrop
may total less than 0.4 ha (1 ac). Fossil shells are common throughout
much of the outcrop, indicating a larger historic range (NatureServe
2007). The site is on the Gila National Forest (NatureServe 2007).
Factor A: According to NatureServe (2007), threats may include
natural disturbances, such as fire and rock slides. Lang (2000)
indicates the species is highly vulnerable to any form of soil
disturbance or mining activity. NatureServe (2007) further indicates
that the area is grazed by livestock, but the snail inhabits rocky
areas that are not favored by livestock.
Factor B: According to NatureServe (2007) the site is remote and
not easily accessed and does not appear to have recreation values that
would threaten the species with overutilization for recreational
purposes.
Factor C: No information was presented in the petition concerning
threats to this species from this factor.
Factor D: According to NatureServe (2007), the species is listed by
the State as endangered, which protects individuals from collection
without a permit, but does not protect its habitat. The site is in the
Gila National Forest, which must issue permits for mining or other
activities that could impact the species.
Factor E: According to NatureServe (2007), the species may be
threatened by its narrow range and low number of occurrences. In the
absence of information identifying other threats to the species and
linking those threats to the limited range of the species, we do not
consider limited range to be a threat. NatureServe (2007) also notes
that climate change may be a threat, based on fossil evidence that the
range has contracted within the limestone outcrop occupied by the
species; however, no supporting information was presented that allows
us to verify these claims. 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 presents substantial
information to indicate that listing the Mineral Creek mountainsnail
may be warranted due to the present or threatened destruction,
modification, or curtailment of its habitat or range resulting from
habitat disturbance.
Pecos Springsnail (Pyrgulopsis pecosensis)
The Pecos springsnail is known to occur in southeastern New Mexico
(Taylor 1987). This snail is known only from Blue and Castle springs
(Eddy County), which are key habitat areas in the State (NMDGF 2008).
The historic range of the Pecos springsnail includes areas in New
Mexico, but is not found beyond the State's borders (NMDGF 2008). The
species is an aquatic, gilled species found along edges of streams in
mud and pebble substrate (NMDGF 2008). At Blue Springs, the species is
most common at the spring source. The stream supports dense masses of
Chara spp. with an abundance of emergent and riparian plants including
Salix spp. (willows), Cladium jamaicense (sawgrass), cattails, and
watercress (NMDGF 2008). Flows in this spring are substantial, and the
water quality is excellent (NMDGF 2008). At Castle Springs, habitat is
smaller and lower in water quality due primarily to lower flows and
more frequent flood-scouring of the arroyo into which the spring issues
(NMDGF 2008).
Factor A: NMDGF (2008) indicates that a significant threat to the
Pecos springsnail is dewatering, which results from diversion, drought,
and underground pumping in the area. Additional threats may include
loss or alteration of habitat due to pollution from oil and gas
exploration and production in the vicinity. According to NMDGF (2008),
the problem of flood-scouring is present at both Blue and Castle
springs due to improper range-management and the disturbance of surface
soils.
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 Pecos springsnail may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from dewatering,
pollution, and flood scouring.
[[Page 66894]]
Pinaleno Talussnail (Sonorella grahamensis)
The Pinaleno talussnail is a land snail found in rockslides from
the northeast slope of Mount Graham south to the vicinity of Arcadia
Campground in the Pinaleno Mountains, Graham County, Arizona (AGFD
2003). The Pinaleno talussnail 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: The species is known to co-occur with the federally
endangered Mount Graham squirrel in the Pinaleno Mountains and may be
facing threats such as potential intense fires resulting from increased
fuel loads (Service 1993, pp. 22). Because fires have been suppressed
for a period of time, dead brush and decayed plant matter has built up
on top of the talus slopes so that the heat of a large fire may be
intense enough to kill the snails in the talus below (AGFD 2003).
Factor B: The snail inhabits land primarily used for recreation;
however, the telescope complex on Mount Graham and an increase in
camping and recreational sites are not expected to impact these snails
to a great extent (AGFD 2003).
Factors C and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: AGFD (2003) indicates this snail faces restricted and
declining distribution with associated potential for extinction due to
chance events. In the absence of information identifying other threats
to the species and linking those threats to the restricted distribution
of the species, we do not consider restricted distribution to be a
threat. AGFD (2003) further notes that since 1954, the mimic talussnail
(Sonorella imitator) is becoming more common over the range previously
inhabited by the Pinaleno talussnail, although the reason for and
impact of this replacement is unknown.
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 Pinaleno talussnail may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from fire.
Quitobaquito Tryonia (Tryonia quitobaquitae)
The Quitobaquito tryonia is a freshwater snail known to occur in
Quitobaquito Springs, Pima County, Arizona (AGFD 2003). The species has
been documented from three springs in the spring complex (NatureServe
2007). According to AFGD (2003), the species requires flowing water and
has been extirpated from parts of the spring complex. The Quitobaquito
tryonia 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 Quitobaquito tryonia is
threatened with habitat loss and degradation from groundwater pumping,
water depletion, and growth of thick vegetation which inhibits free
flowing water. AGFD (2003) further indicates that protection of spring
source and restoration of previously occupied habitats are needed
management actions.
Factor B, C, and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: According to AGFD (2003), the Quitobaquito tryonia is
restricted in distribution with the associated potential for extinction
due to chance events. In the absence of information identifying other
threats to the species and linking those threats to the restricted
distribution of the species, we do not consider restricted distribution
to be a threat.
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 Quitobaquito tryonia may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range, resulting from groundwater
pumping and loss of free flowing water.
San Xavier Talussnail (Sonorella eremita)
The San Xavier talussnail is known from one location in the Mineral
Hills of Pima County, Arizona (NatureServe 2007).
Factor A: NatureServe (2007) notes that potential threats include
nearby construction and mining. According to AGFD (2003), development
of habitat, including mine expansion and prospecting, may be a threat
to the species. AGFD (2003) further indicates that protection of
habitat from direct and indirect effects of mining is a needed
management activity. We have information readily available in our files
indicating that the general area occupied by the talussnail is known
for its mining potential (El Paso Natural Gas Company et al. 1998).
Factors B: NatureServe (2007) indicates overcollection may be a
threat to this species, but provides no additional information
indicating that over-collection may be occurring. We have determined
that this information does not meet the substantial information
standard.
Factor C: AGFD (2003) notes that predation by rodents may be a
potential threat to the species, but provides no information indication
that predation is occurring or is likely to occur in the future. We
have determined that this information does not meet the substantial
information standard.
Factor D: The El Paso Natural Gas Company, Arizona Electric Power
Cooperative, AGFD, and Service are parties to a conservation agreement
for the San Xavier talussnail that was signed in 1998 (El Paso Natural
Gas Company et al. 1998). We do not have information on the
effectiveness of the implementation of this conservation agreement;
however, we will evaluate it more thoroughly during our status review
for the species.
Factor E: AGFD (2003) identifies restricted distribution as a
threat to the San Xavier talussnail. 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 presents substantial
information to indicate that listing the San Xavier talussnail may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range as a result of mining
activities.
Squaw Park Talussnail (Maricopella allynsmithi)
The Squaw Park talussnail is known to occur at Squaw Peak Park and
Mummy Mountain in Maricopa County, Arizona. The snail's habitat is
north facing talus slopes; fourteen occur in Squaw Peak Park and two on
Mummy Mountain (Hoffman 1994). These snails must inhabit very deep,
open, talus
[[Page 66895]]
where they can seal their shell openings to solid rock while being
protected from heat and dryness by rock layers and plants above (AGFD
2009). Some of the sites are within a park managed by the city of
Phoenix. The Squaw Park talussnail 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 (2009), the Squaw Park talussnail is
restricted in distribution and may be threatened by residential
development, which may modify or destroy its occupied habitat. The city
of Phoenix occurs in Maricopa County, and its population is predicted
to continue to grow at a rapid rate (Gammage et al. 2008, p. 51), which
supports the claim that development may threaten the species. AGFD
(2009) also states that the species may be threatened by habitat
modification or destruction due to human recreational activity such as
hiking and climbing off trails.
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 presents
substantial information to indicate that listing of the Squaw Park
talussnail may be warranted due to the present or threatened
destruction, modification, or curtailment of its habitat or range
resulting from residential development and recreational activities such
as hiking and climbing off trails.
Verde Rim Springsnail (Pyrgulopsis glandulosa)
The Verde Rim springsnail is a small freshwater snail known to
occur in the Nelson Place Spring complex in Yavapai County, Arizona
(AGFD 2003). The spring complex has two springs 150 m (500 ft) apart
(AGFD 2003). The Verde Rim 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 the AGFD (2003), the species is threatened
by water development and groundwater depletion. AGFD (2003) further
indicates that protection of spring sources is a needed management
action.
Factors B, C, and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: The AGFD (2003) identifies a restricted geographic range
as a threat to the species. 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 presents substantial
information to indicate that listing the Verde Rim springsnail may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range, resulting from water
development and groundwater depletion.
Wet Canyon Talussnail (Sonorella macrophallus)
The Wet Canyon talussnail is a land snail found only in talus
slopes above approximately a 1-mile length of Wet Canyon on the
northeast slope of the Pinaleno Mountains in Graham County, Arizona
(AGFD 2004). No other locations are known at this time. Recent surveys
in 2001 and 2002 by the AGFD (2004) documented live talussnails further
upstream and downstream in the Wet Canyon watershed than was previously
reported, but the identity of the talussnails has not been confirmed.
They also reported finding several live unidentified talussnails in the
nearby Twilight Canyon drainage, upstream of Highway 366, and in an
unnamed drainage uphill of Twilight Creek (AGFD 2004). This species
requires a somewhat wetter and possibly a lower elevation habitat when
compared to other talus-inhabiting snails (AGFD 2004).
Factor A: Human recreational activity from a nearby campground and
hiking trail may negatively impact this species and its habitat by
causing talus removal and infilling of the crevices in the talus that
the snail occupies (AGFD 2004). Fire suppression in the area has
increased fuel loads, which threatens the species with intense
wildfires and post-fire ash flows (AGFD 2004). Information readily
available in our files supports the assertions by AGFD (2004) that
recreational activities and intense fires represent threats to this
species (U.S. Forest Service et al. 1999).
Factor B and C: No information was presented in the petition
concerning threats to this species from these factors.
Factor D: The U.S. Forest Service, Service, and Arizona Game and
Fish Commission are parties to a conservation agreement for the Wet
Canyon talussnail that was signed in 1999 (U.S. Forest Service et al.
1999). We do not have information on the effectiveness of the
implementation of this conservation agreement; however, we will
evaluate it more thoroughly during our status review for the species.
Factor E: AGFD (2004) indicates that this species has a highly
restricted distribution with associated potential for extinction due to
chance events. In the absence of information identifying other threats
to the species and linking those threats to the restricted distribution
of the species, we do not consider restricted distribution to be a
threat.
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 Wet Canyon talussnail may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from recreation and
fire.
Insects
Colorado Tiger Beetle (Cicindela theatina)
The Colorado tiger beetle, also known as the Great Sand Dunes tiger
beetle, is a narrow endemic known only from the sand dunes of the Great
Sand Dunes National Park and adjacent lands in the San Luis Valley,
Colorado (NatureServe 2007). Adult Colorado tiger beetles prefer sandy
slopes with sparse bunches of vegetation, generally less than 15-
percent vegetative cover, but are not found on open sand (Pineda and
Kondratief 2003, p. 1). Larvae are restricted to burrowing in the
cooler, more moist, and leeward, especially northeast, sides of the
dunes. Suitable habitat is restricted to 290 square kilometers (Pineda
and Kondratief 2003, p. 1). No accurate population estimates are
available, although Nature Serve (2007) provided an educated guess of
1000 to 10,000 individuals.
Factor A: (NatureServe 2007) identifies the off-site depletion of
groundwater in the San Luis Valley as an imminent threat to the
species; it could change the hydrology of the sand dunes, possibly
altering moisture gradients in the sands and decreasing
[[Page 66896]]
the stability of the dunes. A reduced water table could also result in
increased shrubby vegetation, which would reduce the quality of the
habitat for the tiger beetle (P. Bovin 2009, pers. comm.). NatureServe
(2007) states that visitor use at the park may cause trampling of tiger
beetle burrows. Approximately three-quarters of the known tiger beetle
locations occur within the Great Sand Dunes National Park, where tiger
beetles are generally protected from ground-disturbance impacts, such
as off-road vehicles (P. Bovin 2009, pers. comm.). At the remaining
known locations of the tiger beetle on lands adjacent to the National
Park, access is limited, offering some protection from ground-
disturbance impacts (P. Bovin 2009, pers. comm.). It is unclear from
the information reviewed the degree to which ground-disturbance may be
at threat to the Colorado tiger beetle; however, we intend to
investigate the ground-disturbance factor more thoroughly in our status
review for the species.
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 NatureServe, we have determined that the petition presents
substantial information to indicate that listing of the Colorado tiger
beetle may be warranted due to the present or threatened destruction,
modification, or curtailment of its habitat or range resulting from
off-site depletion of groundwater.
Edwards Aquifer Diving Beetle (Haideoporus texanus)
The Edwards Aquifer diving beetle is known to occur in underground
freshwater in the San Marcos pool of the Edwards Aquifer, Hays County,
Texas. According to NatureServe (2007), it is uncommon in water samples
taken from the aquifer.
Factor A: According to NatureServe (2007), the Edwards Aquifer
diving beetle is threatened by aquifer drawdown and loss of water
quality due to increasing human population growth in large cities using
the water supply. We have information in our files that substantiates
this claim (Service 1996, pp. 16-19).
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 presents substantial
information to indicate that listing the Edwards Aquifer diving beetle
may be warranted due to the present or threatened destruction,
modification, or curtailment of its habitat or range resulting from
water drawdown and loss of water quality due to development.
Ferris's Copper (Lycaena ferrisi)
Ferris's copper is a butterfly known to occur in the White
Mountains of Apache County, near McNary and Maverick, and in Greer
County, Arizona (NatureServe 2007). The species can be found in meadows
and marshes near Rumex hymeospalus (wild rhubarb), the plant species on
which the larvae feed (NatureServe 2007).
Factor A: AGFD (2002) indicates that fire suppression is a threat
because it results in the invasion of meadow habitats by dense conifer
forests and an understory of grasses. Eventual warm season fires could
be intense and eliminate some populations or permanently alter
previously suitable habitats. Although it is not explicitly stated by
AGFD (2002), we interpret their claim that fire suppression is a threat
to be because the larval food plant, Rumex hymeospalus, and possibly
individual larvae, would be destroyed or reduced in abundance as a
result of fire suppression.
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 presents substantial
information to indicate that listing the Ferris's copper may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from fire suppression.
Notodontid Moth (no common name) (Astylis sp. 1)
This notodontid moth is known to occur in Ash Canyon of the
Huachuca Mountains in Cochise County, Arizona. The AGFD (2005)
indicates that further study is needed to determine the moth's
population status and range, as well as its life history traits.
Factor A: According to AGFD (2005) and NatureServe (2007), this
species is threatened by its limited range and that a single event,
such as an extensive fire, could destroy or modify its habitat in all
or a significant portion of the moth's small range. We have information
in our files that fire suppression in southern Arizona forests has
resulted in excessive fuel loads that encourage large, vegetation-
destroying wildfires (DeBano and Neary 1996; Swetnam and Baisan 1996;
Dahms and Geils 1997; Danzer et al. 1997).
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 information in our files, we have determined that the petition
presents substantial information to indicate that listing of this
Notodontid moth species may be warranted due to the present or
threatened destruction, modification, or curtailment of its habitat or
range resulting from fire.
Notodontid Moth (no common name) (Heterocampa sp. 1 nr. amanda)
This Notodontid moth is known to occur in oak-juniper woodland in
southern Arizona. It is known from Ash and Garden Canyons of the
Huachuca Mountains, Cochise County, and at two localities in the
Atascosa Mountains, Santa Cruz County (AGFD 2005).
Factor A: According to AGFD (2005) and NatureServe (2007), this
species is threatened by its limited range and states that a single
event, such as an extensive fire, could destroy or modify its habitat
in significant portions of the moth's small range. We have information
in our files that fire suppression in southern Arizona forests has
resulted in excessive fuel loads that encourage large, vegetation-
destroying wildfires (DeBano and Neary 1996; Swetnam and Baisan 1996;
Dahms and Geils 1997; Danzer et al. 1997).
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 information in our files, we have determined that the petition
presents substantial information to indicate that listing of this
Notodontid moth species may be warranted due to the present or
threatened destruction, modification, or curtailment of its habitat or
range resulting from fire.
Notodontid Moth (no common name) (Litodonta sp. 1 nr. alpina)
This Notodontid moth is known to occur only in upper Pinery Canyon
on the west slope of the Chiricahua Mountains in Cochise County, in
southeastern Arizona (AGFD 2005).
Factor A: AGFD (2005) indicates that this species is threatened by
its limited range and that a single event, such as an extensive fire,
could eliminate significant portions of the moth's small range. We have
information in our files that fire suppression in southern
[[Page 66897]]
Arizona forests has resulted in excessive fuel loads that encourage
large, vegetation-destroying wildfires (DeBano and Neary 1996; Swetnam
and Baisan 1996; Dahms and Geils 1997).
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 information in our files, we have determined that the petition
presents substantial information to indicate that listing the
Notodontid moth may be warranted due to the present or threatened
destruction, modification, or curtailment of its habitat or range
resulting from fire.
Notodontid Moth (no common name) (Ursia furtiva)
This Notodontid moth is known to occur from two widely separated
locations in San Antonio, Bexar County, and Pine Canyon in the Chisos
Mountains, Big Bend National Park, Texas (NatureServe 2007). The San
Antonio habitat is on private property, while Big Bend National Park is
part of the National Park Service system (NatureServe 2007).
Factor A: NatureServe (2007) indicates that the moth may be
threatened by its limited range. A catastrophic fire in the Chisos
Mountains and urban development in the San Antonio area could eliminate
significant portions of its two known occurrences. Information in our
files supports the claim that the City of San Antonio is growing at a
rapid rate (Draft Bexar County Karst Invertebrates Recovery Plan, p.
1.5-1).
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 presents substantial
information to indicate that listing the Notodontid moth may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from fire and
development.
Rattlesnake-Master Borer Moth (Papaipema eryngii)
The rattlesnake-master borer moth is historically known to occur in
portions of Illinois, Indiana, Iowa, Kentucky, North Carolina,
Oklahoma, Arkansas, and maybe Missouri (NatureServe 2007). As of 2004,
the species is believed to be extant in Illinois, Arkansas, Oklahoma,
and Kentucky (NatureServe 2007). The moth appears to have declined more
than any of the other prairie moths in the same genus, at least in the
northern part of its range (NatureServe 2007). It is apparently
restricted to mesic prairies and associated wetlands in the midwest,
often but not always with limestone (NatureServe 2007). The
rattlesnake-master borer moth 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: NatureServe (2007) indicates that most or all sites for
the moth could be vulnerable to catastrophic events, including
wildfires that occur while the species is dormant. NatureServe (2007)
also indicates that its prairie habitat has been reduced to remnants
except possibly in eastern Oklahoma where it is documented to occur in
one county.
Factor B: NatureServe (2007) cites a case in Illinois that
documents a collector damaging the moth's needed food plants on a large
scale while looking for larvae. It is likely that some of the moth's
populations are small enough that overcollecting may be a threat.
NatureServe (2007) also notes damage from collectors in Kentucky where
the population is small. Specifically, collecting immatures is a
potential problem (NatureServe 2007).
Factors C and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: Due to very low number of populations and the likelihood
that most or all have survived major genetic bottlenecks during past
fires, loss of genetic variability could be a concern (NatureServe
2007). NatureServe (2007) also indicates that colonization between
habitat remnants must be very rare and only plausible today in
Oklahoma.
Although the references cited in NatureServe were not readily
available to us, the information in NatureServe for this species was
provided by Dr. D. F. Schweitzer, who is a reputable lepidopterist.
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 rattlesnake-master borer moth may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from fire, or to
overutilization for commercial, recreational, scientific, or
educational purposes resulting from collection, or to other natural or
manmade factors affecting its continued existence resulting from loss
of genetic variability and inability to colonize remnant habitat.
Royal Moth (no common name) (Sphingicampa blanchardi)
This royal moth is known to occur in a few isolated localities in
Cameron and Hidalgo Counties, Texas (NatureServe 2007). The range of
the moth likely extends into Mexico; however, no occurrences are
documented there (NatureServe 2007). No further information regarding
the historical or current distribution or status of the species was
provided.
Factor A: NatureServe (2007) identifies conversion of habitat to
agricultural lands and proposed construction in the area as threats to
the royal moth and its habitat. Jahrsdoerfer and Leslie (1988) indicate
that native brushland in the Lower Rio Grande Valley, which includes
Cameron and Hidalgo Counties, has been converted to agriculture. They
claim that agricultural clearing is the greatest threat to the
vegetation communities and wildlife in that region. They further
explain that habitat alterations likely have been detrimental to the
invertebrate fauna as well.
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 pesticide drift from
adjacent agricultural lands as a threat to the royal moth. This may be
a reasonable assertion considering information in Jahrsdoerfer and
Leslie (1988) that extensive agriculture occurs in the Lower Rio Grande
Valley; however, no information is presented which indicates that
pesticide drift is in fact occurring or how it may be impacting the
royal moth. 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 presents substantial
information to indicate that listing this royal moth may be warranted
due to the present or threatened destruction, modification, or
curtailment of its habitat or range resulting from agricultural
clearing.
Sabino Dancer (Argia sabino)
The Sabino dancer is a damselfly known to occur in Sabino Canyon in
the Santa Catalina Mountains of Arizona. In
[[Page 66898]]
Sabino Creek, the species' range has constricted over the past 35
years, previously including Lower and Upper Sabino Creek but now
restricted to the latter area (AGFD 2001). It is probable that
additional populations of the Sabino dancer exist in other parts of
southeastern Arizona or northern Mexico (AGFD 2001). Access to remote
high-gradient streams is difficult, and many habitats have never been
surveyed (AGFD 2002). The Sabino dancer 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: AGFD (2001) states that the decline of Sabino dancer's
population size and geographic distribution is due to hydrological
alteration resulting in reduced water flow. Recreational use of Upper
Sabino Creek is controlled by preventing vehicle access and requiring
recreationists to access it by a tram (AGFD 2001).
Factor B: No information was presented in the petition concerning
threats to this species from this factor.
Factor C: AGFD (2001) indicates that the species' habitat is
experiencing pool contraction that increases the likelihood that exotic
green sunfish (Lepomis cyanellus) and crayfish (Procambarus sp.) have
the potential to expand their ranges up Sabino Creek into the core of
Sabino dancer's current range, increasing predation impacts on the
Sabino dancer.
Factor D: No information was presented in the petition concerning
threats to this species from this factor.
Factor E: AGFD (2001) indicates that the species' habitat is
experiencing pool contraction that may have direct negative effects on
the Sabino dancer larvae, reducing the time available for larval
development.
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 Sabino dancer may be warranted
due to the present or threatened destruction, modification, or
curtailment of its habitat or range resulting from hydrological
alteration resulting in reduced water flow, to disease and predation
resulting from pool contraction that allows increased predation, or to
other natural or manmade factors affecting its continued existence
resulting from decreased time for larval development.
Stonefly (no common name) (Anacroneuria wipukupa)
This stonefly is only known to occur in Oak Creek, Yavapai County,
Arizona (NatureServe 2007). NatureServe (2007) notes that it may also
occur in similar habitats in Sonora, Mexico.
Factor A: According to AGFD (2004), threats to the stonefly may
include impacts to its aquatic habitats, especially pollution.
Information in our files substantiates this claim. The site is in close
proximity to a State fish hatchery, which appears to drain fish-rearing
waste water into Oak Creek, and it is downstream from the town of
Sedona (D. Smith 2009, pers. comm.). In the spring of 2008, David
Smith, a Service biologist, visited the site and found most of the
aquatic insects there were tolerant of higher nutrients in the water
(D. Smith 2009, pers. comm.), which is indicative of pollution.
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 presents substantial
information to indicate that listing this stonefly may be warranted due
to the present or threatened destruction, modification, or curtailment
of its habitat or range as a result of pollution.
Tamaulipan Agapema (Agapema galbina)
The Tamaulipan agapema is a moth known to occur in the lower Rio
Grande Valley of Texas, in southern Arizona, and in Tamaulipas and Baja
California, Mexico (Struttman 1997). The species is thought to be
extirpated from the United States portion of its range (Struttman
1997), but is currently known to occur in Tamaulipas, Mexico (Tuskes et
al. 1996). In Tamulipas and formerly in Texas, its habitat is
Tamaulipan thornscrub, which is open, low vegetation characterized by
thorny trees with short trunks and low, branching crowns that rarely
meet to form a closed canopy.
Factor A: Jahrsdoerfer and Leslie (1988) indicate this species
faces the loss and degradation of its habitat in the Lower Rio Grande
Valley. With the conversion of its Tamaulipan thornscrub habitat there
to agricultural field crops, such as cotton, only up to 5 percent of
native vegetation remained in the 1980s and 1990s (Jahrsdoerfer and
Leslie 1988; Tuskes et al. 1996).
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 presents substantial
information to indicate that listing of Tamaulipan agapema may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat resulting from its conversion to
agricultural field crops.
Arachnid
Grand Canyon Cave Scorpion (Archeolarca cavicola)
The Grand Canyon cave scorpion is a pseudoscorpion, lacking a
stinger that true scorpions possess (AGFD 2003). It occurs on or very
near the soil surface in Cave of the Domes, Grand Canyon National Park,
Coconino County, Arizona. The subterranean cave habitat is also
occupied by bats and rodents, which are thought to be necessary to
support the arthropod food base for the Grand Canyon cave scorpion
(AGFD 2003). This pseudoscorpion 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), threats to the scorpion include
groundwater pollution and recreational impacts from cave visitation.
Factors B and C: No information was presented in the petition
concerning threats to this species from these factors.
Factor D: AGFD (2003) indicates that Cave of the Domes is the only
cave in Grand Canyon National Park for which visitation is not
regulated, although the National Park Service has the authority to
regulate recreational visitation.
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 presents substantial
information to indicate that listing the Grand Canyon cave scorpion may
be warranted due to the present or threatened destruction,
modification, or curtailment of its habitat or range resulting from
groundwater pollution and recreational
[[Page 66899]]
impacts, and to inadequacy of existing regulatory mechanisms resulting
from unregulated visitation.
Crustaceans
Delaware County Cave Crayfish (Cambarus subterraneus)
The Delaware County cave crayfish is thought to be restricted to
three caves in Delaware County, Oklahoma (Hobbs 1993, NatureServe 2007)
in the Neosho River watershed. No additional populations have been
found despite recent surveys of over 50 caves that provide suitable
habitat within the vicinity of the occupied caves (Graening and Fenolio
2005). The species is considered to have fewer than 50 individuals in
the three different caves (NatureServe 2007).
Factor A: NatureServe (2007) identifies groundwater contamination,
specifically the disposal of untreated animal waste from hog farms and
poultry houses, as the greatest threat to this species. In a study of
the recharge areas for groundwater impacting two of the three caves,
Aley and Aley (1990) identified petroleum storage areas, including gas
stations and sawmills; large storage tanks that might contain
petroleum; confined hog and poultry buildings; dairies and livestock
sale barns; and dumps, landfills, and auto salvage yards within the
recharge areas of the caves. They identified six such sites in the
recharge area for one cave and five in the recharge area of the other
and concluded that these were potential sources of water pollution for
those two caves. They also concluded that disposal of untreated animal
wastes is probably the greatest single threat to aquatic life in those
caves.
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 presents substantial
information to indicate that listing of Delaware County cave crayfish
may be warranted due to the present or threatened destruction,
modification, or curtailment of its habitat resulting from pollution.
Kiamichi Crayfish (Orconectes saxatilis)
The Kiamichi crayfish is known to occur in the upper Kiamichi River
and its associated tributaries above Whitesboro, Oklahoma (NatureServe
2007). The species can be found in slowly to moderately flowing streams
with rocky bottoms, and usually with emergent vegetation, such as Typha
sp. (cattails), in shallower areas (NatureServe 2007). Historically,
the Kiamichi crayfish was known from fewer than 20 adults until a
recent survey in which 696 individuals were found 7 rivers in the upper
Kiamichi River watershed in Oklahoma. The Kiamichi crayfish is known to
co-occur with Ouachita rock pocketbook (Arkansia wheeleri), a federally
endangered mussel, which suggests the species faces the same threats
listed in the Ouachita rock pocketbook recovery plan (Service 2004, pp.
20-30).
Factor A: Impoundment, channelization, and water quality
degradation have been identified as principal factors causing the
decline of the Ouachita rock pocketbook (Service 2004, p. 20), and
since it co-occurs with the Kiamichi crayfish, we conclude these same
factors may threaten that species as well. NatureServe (2007)
identifies dewatering as a threat to the Kiamichi crayfish. Surface
water in the Kiamichi River watershed is the primary source of drinking
water and the proposed site of additional water resource development
projects needed to meet the demands of the growing population in
neighboring States. These proposed projects may cause stream drying and
may play a role in the decline in Kiamichi crayfish. Siltation
resulting from poor tree-harvesting techniques, road construction, or
large-scale changes in land use is also identified as a threat to the
species (NatureServe 2007).
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 presents substantial
information to indicate that listing the Kiamichi crayfish may be
warranted due to the present or threatened destruction, modification,
or curtailment of the species' habitat or range resulting from
impoundment, channelization, water quality degradation, and dewatering.
Oklahoma Cave Crayfish (Cambarus tartarus)
The Oklahoma cave crayfish is known to occur at two caves in a
single watershed of Spavinaw Creek, a small creek in Delaware County,
Oklahoma, and potentially at three additional caves in that watershed
(Graening et al. 2006). Graening et al. (2006) estimate the species'
abundance to be 80 individuals. The Oklahoma cave crayfish 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: Spavinaw Creek is designated an impaired waterbody by the
State of Oklahoma under section 303(d) of the Clean Water Act due to
excessive nutrient loading; many confined animal feeding operations
occur upstream from the caves in which this species occurs, and the
City of Colcord discharges sewage effluent into the Spavinaw Creek
Watershed (Graening et al. 2006). Graening et al. (2006) noted that
cave crayfish are likely susceptible to contaminants in cave water due
to adaptations to otherwise stable conditions and as a result of the
species' longevity which could allow toxins to accumulate to lethal
levels. Graening et al. (2006) further indicate this species remains
vulnerable to extirpation, primarily because of water quality
degradation and recent habitat transformation.
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 Oklahoma Cave crayfish may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from water pollution
and habitat transformation.
Texas Troglobitic Water Slater (Lirceolus smithii)
The Texas troglobitic water slater is an isopod known to occur in
an aquifer under several counties in central Texas (NatureServe 2007),
the Edwards Aquifer, which supports numerous species of underground
aquatic species (Service 1996, pp. 16-19). Within its limited range, it
is considered to be abundant (NatureServe 2007). Records of its
occurrence represent different sampling sites rather than different
populations within its occupied range (NatureServe 2007).
Factor A: NatureServe (2007) identified aquifer drawdown and
declining water quality in the aquifer as threats to the species.
Drawdown of the Edwards Aquifer's water level and decreasing water
quality are the result of a rapid population increase (Service 1996,
pp. 16-19) in that area of Texas.
[[Page 66900]]
Factors B, C, D, and E: No information was presented.
Based on our evaluation of the information provided in the petition
and our files, we have determined that the petition presents
substantial information to indicate that listing of the Texas
troglobitic water slater may be warranted due to the present or
threatened destruction, modification, or curtailment of its habitat or
range resulting from aquifer drawdowns and decreasing water quality.
Flowering Plants
Agalinis navasotensis (Navasota False Foxglove)
Agalinis navasotensis is an herbaceous plant in the family
scrophulariaceae that is known from Grimes County, Texas. One
population of approximately 330 individuals is located on the shallow
soil of a sandstone outcrop (Canne-Hilliker and Dubrule 1993;
NatureServe 2007). There are two subpopulations, one with approximately
300 individuals and one with approximately 30 (Canne-Hilliker and
Dubrule 1993). Canne-Hilliker and Dubrule (1993) describe the outcrop
as a distinct island surrounded by a sea of post oak savannah,
blackland prairie, and farmland. Similar outcrops may harbor additional
populations (NatureServe 2007), although there are no other such
outcrops in that county (Canne-Hilliker and Dubrule 1993).
Factor A: NatureServe (2007) states that the most likely
foreseeable threat to the Agalinis navasotensis is habitat degradation
and loss. Individual plants are reported to occur close to a road,
making them and their habitat susceptible to destruction from road
widening (Canne-Hilliker and Dubrule 1993; NatureServe 2007). Road
widening would probably destroy the main subpopulation (Canne-Hilliker
and Dubrule 1993; NatureServe 2007). There are no known plans to put
the site into cultivation or to graze it (NatureServe 2007). Trampling
by humans and off-road vehicle use are potential threats because the
site is not fenced (Canne-Hilliker and Dubrule 1993; NatureServe 2007).
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 of Agalinis navasotensis may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from road widening,
trampling, and off-road vehicle use.
Amoreuxia gonzalezii (Santa Rita Yellowshow)
Amoreuxia gonzalezii is an herbaceous plant known to occur from
Santa Cruz and Pima Counties, Arizona, south to Sonora, Mexico, and
probably Baja California (AGFD 2003; NatureServe 2007). It has been
reported from two subpopulations in the Santa Rita Mountains, in Pima
County and from four populations in northern Mexico (NatureServe 2007).
In Arizona, A. gonzalezii grows on rocky limestone hillsides, but in
Sonora, Mexico, it prefers decomposed granite on slopes (AGFD 2003).
One of the Arizona populations of A. gonzalezii has fewer than 65
plants on a limestone outcrop (AGFD 2003).
Factor A: According to NatureServe (2007), Amoreuxia gonzalezii is
threatened by degradation of habitat due to livestock grazing, urban
development, and mining. AGFD (2003) concurs, but points out that the
grazing threat is due to herbivory, not habitat degradation (see Factor
C).
Factor B: No information was presented in the petition concerning
threats to this species from these factors.
Factor C: Herbivory by cattle is a management problem because the
species is very palatable to cattle (AGFD 2003; NatureServe (2007).
Javelina (Pecari tajacu) dig up and consume the roots, which
NatureServe (2007) and AGFD (2003) indicate is a threat.
Factor D: No information was presented in the petition concerning
threats to this species from this factor.
Factor E: According to AGFD (2003), competition is likely occurring
with the introduced Cenchrus ciliaris (buffelgrass), Eragrostis
lehmanniana (Lehmans lovegrass), and other aggressive, exotic plants.
Based on our evaluation of the information provided in the
petition, we have determined that the petition presents substantial
information to indicate that listing of Amoreuxia gonzalezii may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from development and
mining, to predation by cattle and javelina, and to other natural or
manmade factors affecting its continued existence resulting from
competition.
Amsonia tharpii (Tharp's Blue-star)
Amsonia tharpii is an herbaceous plant found in open areas in
shortgrass grasslands or shrublands in Eddy County, New Mexico, and
Pecos County, Texas. Soils are shallow, well-drained, and generally
composed of sand, silt, and clay over limestone (NatureServe 2007). One
population in New Mexico is small with less than 100 plants and the
other two contain a few thousand individuals (NatureServe 2007).
Factor A: NatureServe (2007) indicates that habitat degradation and
loss is a likely threat. In New Mexico, Desert Botanical Garden (2008)
indicates that Amsonia tharpii is subject to extirpation due to
environmental changes brought about by improper grazing, such as severe
erosion resulting in loss of habitat. Regular monitoring of the New
Mexico populations may also cause additional erosion (NatureServe
2007). There is active gas development in the vicinity of two of the
New Mexico populations (New Mexico Rare Plant Technical Council 1999).
In Texas, Amsonia tharpii may be threatened by mowing of the highway
easement along which plants grow (NatureServe 2007).
Factor B, C, and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: According to the Desert Botanical Garden (2008),
environmental changes brought about by past improper grazing such as
change in species composition has resulted in increased competition
with nonnative species.
Based on our evaluation of the information provided in the
petition, we have determined that the petition presents substantial
information to indicate that listing of Amsonia tharpii may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from erosion, gas
development and mowing, or other natural or manmade factors affecting
its continued existence resulting from competition.
Asclepias prostrata (Prostrate Milkweed)
Asclepias prostrata is a perennial, low-growing plant found in
areas of little or no vegetation in grasslands or shrub-invaded
grasslands within Starr and Zapata Counties, Texas and Tamaulipas,
Mexico (NatureServe 2007). It is reportedly known from fewer than 10
occurrences in southern Texas (NatureServe 2007), at least four of
which are along roadsides (Damude and Poole 1990).
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) indicates that roadside mowing is a
threat to
[[Page 66901]]
Asclepias prostrata. Damude and Poole (1990) indicate that frequent
roadside mowing can cut individuals of the species if the mowing blade
is set low enough. NatureServe (2007) further indicates that Asclepias
prostrata is threatened by competition from widely planted and escaped
nonnative pasture grasses, such as Cenchrus ciliaris (buffelgrass)
(NatureServe 2007). According to Damude and Poole (1990), seeding
Cenchrus ciliaris for pasture improvement has introduced a competitior
to Asclepias prostrata that may be the greatest threat to the species.
Based on our evaluation of the information provided in the
petition, we have determined that the petition presents substantial
information to indicate that listing of Asclepias prostrata may be
warranted, resulting from roadside mowing and planting of an exotic
grass.
Astragalus hypoxylus (Huachuca Milk-vetch)
Astragalus hypoxylus is an herbaceous plant found on hillsides with
slopes of 25 to 30 percent in open, limestone rocky clearings in oak-
juniper-pinyon woodland within the Huachuca and Patagonia Mountains of
Arizona. Despite surveys for the species in Sonora, Mexico, it has not
been found there (NatureServe 2007). Astragalus hypoxylus was described
from a collection made in the Huachuca Mountains in 1882. The
description of the location of where the specimen was found,
``Mahoney's Ranch, near Ft. Huachuca'', was not sufficient to relocate
the site (NatureServe 2007). The species was not seen again in the
field until a collection in 1986 in the Patagonia Mountains south of
Harshaw (NatureServe 2007). Searches elsewhere in the Patagonia
Mountains have not extended the known range in that area by more than 1
mile (NatureServe 2007). Since 1986, other populations of A. hypoxylus
have been located in the Huachuca Mountains. One population was found
on the southwest side of the Huachuca Mountains near lower Bear Canyon
along Bear Creek (NatureServe 2007). Another population was located in
Scotia Canyon in 1990, and as many as 600 to 700 individuals were found
there in the spring of 1991. The majority of the Scotia Canyon
population is located on private land, and the other sites are managed
by the Coronado National Forest (AGFD 1999). According to AGFD (1999),
the Bear Creek population is extirpated, but NatureServe (2007) cites a
personal communication with T. Deecken and indicates that the
population there occurs in a collection of sub-populations.
Factor A: According to AGFD (1999) and NatureServe (2007), improper
grazing has the greatest impact to the species and its habitat.
Seedling survivorship was found to be lower in heavily trampled areas
at that site (NatureServe 2007). Livestock grazing occurs at all of the
known sites (NatureServe 2007). According to AGFD (1999), recreation at
the Bear Creek site also results in destruction of Astragalus hypoxylus
and its habitat, and NatureServe (2007, citing T. Deecken) considers
recreation to be a greater threat to that population than livestock
grazing. An informal dirt parking lot has already damaged one sub-
population and its habitat, and increased use of the area may destroy
other plants and habitat in the future (NatureServe 2007, citing T.
Deecken).
Factor B, C, and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: NatureServe (2007) indicates that possible indirect
threats to the species could come from threats to the bee population;
bees are the main pollinators for Astragalus hypoxylus. Pesticide use
and the trampling of occupied bee nests may be harmful to the bees and,
ultimately, to the plants they pollinate (Karron 1991, NatureServe
2007).
Based on our evaluation of the information provided in the
petition, we have determined that the petition presents substantial
information to indicate that listing of Astragalus hypoxylus may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from recreation and
livestock grazing and other natural or manmade factors affecting its
continued existence resulting from impacts to its pollinator.
Castilleja ornata (Glowing Indian-paintbrush)
Castilleja ornata is an herbaceous plant known to occur in western
Chihuahua and west-central Durango, Mexico; and at a single site in
Hidalgo County in southwestern New Mexico (NatureServe 2007). The plant
is a predominantly Mexican species, but is possibly now extinct there
(NatureServe 2007). NatureServe (2007) indicates that Castilleja ornata
occurs in flat seasonally wet areas in arid grasslands. According to
New Mexico Rare Plant Technical Council (1999), searches of historical
collection sites in Chihuahua failed to locate a single population
there.
Factor A: NatureServe (2007) and the New Mexico Rare Plant
Technical Council (1999) indicate that the seasonally wet habitat of
Castilleja ornata is often improperly grazed or converted to cultivated
cropland. According to New Mexico Rare Plant Technical Council (1999),
the sites in Chihuahua, Mexico, were fully converted to agriculture.
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 of Castilleja ornata may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from improper grazing
or conversion to cultivated cropland.
Erigeron piscaticus (Fish Creek Fleabane)
Erigeron piscaticus is an herbaceous plant found in moist, sandy
canyon bottoms associated with continuously flowing streams. It is
known historically from two sites in Fish Creek Canyon, Superstition
Mountains, Maricopa County; and Turkey Creek and Oak Grove Canyon
(Aravaipa Canyon tributaries), Galiuro Mountains, Graham County,
Arizona (AGFD 2001). Currently, it is known only from the Oak Grove
Canyon location, which has been annually monitored since 1992 (AGFD
2001). According to AGFD (2001), surveys conducted in 1993 and 1994 at
the Oak Grove Canyon site found 79 plants in both years, which suggests
that the population is small, but stable. Two surveys conducted in 1994
showed continued population stability, and greater germination after
summer rains, evidence that plants can germinate and flower following
summer rains (AGFD 2001). Erigeron piscaticus 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 (2001), the location at Turkey Creek
was in area used as a casual camping site; the Oak Grove Canyon site,
the only site where the species is known to be extant, is also used for
camping. There is also hiking
[[Page 66902]]
traffic at the site, which can destroy or modify the habitat (AGFD
2001). AGFD (2001) indicates poor watershed conditions and flooding in
Oak Grove Canyon also threaten the species with habitat loss or
modification.
Factors B, C and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: According to AGFD (2001), the small range and population
size of about 80 plants in Oak Grove Canyon make it vulnerable to
natural and human-caused disturbances. In the absence of information
identifying other threats to the species and linking those threats to
the restricted range of the species, we do not consider restricted
range to be a threat.
Based on our evaluation of the information provided in the petition
and our files, we have determined that the petition presents
substantial information to indicate that listing of Erigeron piscaticus
may be warranted due to the present or threatened destruction,
modification, or curtailment of its habitat or range resulting from
recreational activities, poor watershed conditions, and flooding.
Eriogonum mortonianum (Morton's Wild Buckwheat)
Eriogonum mortonianum is a woody perennial plant known from a
single site on the Kaibab-Paiute Indian Reservation in Mojave County,
Arizona. The species is usually found along small drainages in red clay
hills of very shallow soils containing gypsum within sandstone and
shale uplands (AGFD 2001; NatureServe 2007). AGFD (2001) reports that
in 1980 the population contained approximately 750 plants and at that
time appeared stable with several size and age classes represented.
Factor A: NatureServe (2007) reports that in 1992, many plants were
destroyed by highway maintenance. According to AGFD (2001), Eriogonum
mortonianum is threatened by highway right-of-way maintenance along
State Highway 389 which would modify the habitat. AGFD (2001) also
identifies livestock use and developments associated with livestock use
as threats to the species.
Factors B, C, and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: According to AGFD (2001), the highly restricted
geographic distribution is a management issue for the species. In the
absence of information identifying other threats to the species and
linking those threats to the restricted geographic distribution of the
species, we do not consider restricted geographic distribution to be a
threat.
Based on our evaluation of the information provided in the
petition, we have determined that the petition presents substantial
information to indicate that listing of Eriogonum mortonianum may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from road maintenance
and livestock use.
Genistidium dumosum (Brush-pea)
Genistidium dumosum is a woody shrub known to occur in Brewster
County, Texas, and Coahuila, Mexico (NatureServe 2007). The genus is
monotypic (contains only one species) (Poole 1992, NatureServe 2007).
There are three Texas occurrences within a few km of one another, and
three in Mexico. The Texas occurrences consist of fewer than 50 plants
(Poole 1992; NatureServe 2007). The status of the Mexican occurrences
is unknown, although they are disjunct from the Texas occurrences and
may differ genetically from them (Poole 1992). Genistidium dumosum 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 Poole (1992), highway construction at one of
the Texas occurrences probably initially destroyed a few plants, and
erosion of roadcuts probably threatens a few more. Any future highway
widening could destroy additional plants and their habitat at that site
(Poole 1992). Poole (1992) also reports that a tract of private land
was developed for an annual recreational event, which may threaten the
species and its habitat with destruction or modification from
trampling, erosion and wildfire.
Factor B: According to Poole (1992), individuals at the highway
site in Texas are threatened by collection pressure due to easy access
to the site and the rarity and uniqueness (being in a monotypic genus)
of the species.
Factors C and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: Although individuals of Genistidium dumosum occasionally
produce numerous fruits, no seedlings or juveniles have been observed
(Poole 1992). Poole (1992) concluded that the major threat to the
species is its low population numbers and lack of recruitment (survival
of individuals to sexual maturity and joining the reproductive
population).
Based on our evaluation of the information provided in the
petition, we have determined that the petition presents substantial
information to indicate that listing Genistidium dumosum may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from highway
construction and recreation, or to overutilization resulting from
collection, or to other natural or manmade factors affecting its
continued existence resulting from lack of recruitment.
Hexalectris revoluta (Chisos Coralroot)
Hexalectris revoluta is an orchid known from widely separated
mountain ranges in Texas, Arizona, and Mexico (NatureServe 2007). Few
total individuals of this species have been located throughout its
range; however, surveys may be difficult because above ground portions
of this plant are not produced in dry years (NatureServe 2007).
Hexalectris revoluta 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: Louie (1996) indicates this species is subject to
inadvertent destruction through maintenance activities, but does not
identify the types of maintenance activities likely to occur in
occupied habitats. We have determined that this information does not
meet the substantial information standard. AGFD (2004) identifies
mining as a threat to this species. Citing Coleman (2002), AGFD (2004)
notes ``some of its habitat in Arizona is at extreme risk from mining
development. One of its major locations was briefly part of a planned
land exchange between the U.S. Forest Service and a mining company
until falling copper prices forced postponement of the deal.''
Factor B: NatureServe (2007) and Louie (1996) indicate that
collection may be a threat to this species, but provide no additional
information concerning the likelihood of overcollection or the impacts
to the
[[Page 66903]]
species of these activities. 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 presents substantial
information to indicate that listing Hexalectris revoluta may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range as a result of mining
development.
Lesquerella kaibabensis (Kaibab Bladderpod)
Lesquerella kaibabensis is a perennial herb known to occur in the
Kaibab Plateau in the Kaibab National Forest in Coconino County,
Arizona (NatureServe 2007). It occurs on limestone-clay knolls with a
high percentage of exposed rock on the surface, within open windswept
meadows and along the sides of a State highway (AGFD 2001).
Factor A: NatureServe (2007) identifies road widening and
maintenance as a threat to Lesquerella kaibabensis. According to AGFD
(2001), the Forest Service Regional Botanist at the time made specific
recommendations for widening of the State highway intended to minimize
the impact to Lesquerella kaibabensis. However, those recommendations
were not followed (AGFD 2001). NatureServe (2007) also identifies OHV
use in occupied meadows as a threat to the species. AGFD (2001) and
NatureServe (2007) acknowledge that the Kaibab National Forest has
prohibited all OHV in the meadows adjacent to the State highway, but
neither addresses whether the prohibition is effectively enforced.
Factor B: No information was presented in the petition concerning
threats to this species from this factor.
Factor C: NatureServe (2007) identifies grazing as a threat to
Lesquerella kaibabensis. According to AGFD (2001) the Kaibab National
Forest Plan establishes that livestock utilization in these meadows
should not exceed 30 percent, but utilization probably exceeds this
level in most years.
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 presents substantial
information to indicate that listing Lesquerella kaibabensis may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from highway widening
and maintenance and OHV use or to disease or predation resulting from
grazing.
Paronychia congesta (Bushy Whitlow-wort)
Paronychia congesta is a woody perennial shrub known to occur in
openings in shrublands on calcareous outcrops of a particular geologic
formation, the Bordas Escarpment in Jim Hogg County, Texas (NatureServe
2007). This species was removed from the Service's list of candidate
species for listing under the Act on September 12, 2006 (71 FR 53755).
The two known populations occur within two miles of each other. The
species was first collected in 1963 at a site where the population was
estimated to have 2,000 plants; a second locality was found nearby in
1987 was estimated then to have 100 plants (Service 2006). In 1987,
five additional sites were searched, but the species was not found at
them (Service 2006). The known occupied sites are on private land,
which has not been accessed since the early 1990s (Service 2006).
Factor A: NatureServe (2007) states that Paronychia congesta may be
threatened by right-of-way construction and maintenance, pipeline
installation, oil and gas exploration, and well pad construction. Both
populations occur on private rangeland that overlays oil fields, and
are bissected by rights-of-way (NatureServe 2007), one by a road and
the other by a pipeline (Service 2006). Paronychia congesta may also be
threatened by brush clearing, herbicide use, and replanting to
nonnative forage grasses, such as Pennisetum ciliare (Service 2006).
However, the practice of replanting to nonnative forage grasses may be
declining (NatureServe 2007).
Factor B, C, and D: No information was presented in the petition
concerning threats to this species from this factor.
Factor E: NatureServe (2007) identifies rarity as a threat to
Paronychia congesta. Restricted geographic range may exacerbate the
impacts to the species of potential threats, such as chance events like
fire and flood. For instance, the Service (2006) noted that in 1990,
the number of individuals, and the apparent vigor of the plants in the
second, smaller population, was reduced due to two consecutive years of
drought and freezes.
Based on our evaluation of the information provided in the
petition, we have determined that the petition presents substantial
information to indicate that listing Paronychia congesta may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range resulting from right-of-way
construction and maintenance, pipeline installation, oil and gas
exploration, and well pad construction, or to other natural or manmade
factors affecting its continued existence resulting from drought or
freezes.
Pediomelum pentaphyllum (Chihuahua Scurfpea)
Pediomelum pentaphyllum is a perennial plant that grows up to 25
centimeters (9.8 inches) tall and has a long, swollen taproot (Tonne
2000; Sivinski 1993). The taproot apparently allows the plant to remain
dormant or restrict growth in dry years (BLM 2004). As such, P.
pentaphyllum may not send up an aerial portion (stem, leaves, and
flowers) in dry years, making ground surveys more difficult (Tonne
2000).
Pediomelum pentaphyllum historically occurred in Texas, New Mexico,
Arizona, and Chihuahua, Mexico (NatureServe 2007). It is currently only
known from two disjunct sites in New Mexico and Arizona, despite
multiple survey attempts across its range (WildEarth Guardians 2008).
The New Mexico site occurs on BLM and New Mexico State Trust lands in
Hidalgo County, and consists of 396 plants in an approximately 1,214 ha
(3,000 ac) area (Tonne 2008). The Arizona site occurs on private land
and includes a documented 32 plants in a 13 ha (32 ac) area (Tonne
2008).
Factor A: The petitioner asserts that livestock grazing may be a
threat to Pediomelum pentaphyllum; however, information in NatureServe
(2007) indicates that the impacts of livestock grazing on this species
are unknown. The petitioner further asserts that oil development may be
a potential threat, but provides no information indicating whether oil
development is occurring or is likely to occur in occupied habitats nor
does the petitioner provide information indicating how this species may
be impacted by oil development. We have determined that the information
provided concerning grazing and oil development does not meet the
substantial information standard.
Factor B: The petitioner notes that Pediomelum pentaphyllum may
have historically been threatened by overcollection. Tarahumara Indians
used P. pentaphyllum to reduce fever (Sivinski 1993; Tonne 2000).
According to Robert Bye, an ethnobotanist who has worked in Mexico,
this species was
[[Page 66904]]
regularly available in the Chihuahua market in 1908, but has not been
available in recent years (R. Bye, pers. comm. cited in Sivinski 1993).
The reasons for the plant's disappearance from the market are unclear
but may have been due to overcollection (Tonne 2000). However, historic
overcollection is not considered a threat to current populations and no
information was presented in the petition concerning current
overutilization pressures.
Factor C: No information was presented in the petition concerning
threats to this species from this factor.
Factor D: The petitioner asserts that existing regulatory
mechanisms are not adequate to protect Pediomelum pentaphyllum from the
threats it faces. The petition reports that P. pentaphyllum is listed
as endangered by the State of New Mexico. As such, P. pentaphyllum is
protected from unauthorized collection, transport, or sale by the New
Mexico Endangered Plant Species Act, 9-10-10 NMSA. This law prohibits
the taking, possession, transportation and exportation, selling or
offering for sale any listed plant species. Listed species can only be
collected under permit from the State of New Mexico for scientific
studies and impact mitigation; however, this law does not provide any
protection for P. pentaphyllum habitat.
The petition reports that Pediomelum pentaphyllum is considered a
sensitive species by the BLM. According to BLM (2008), actions
authorized by the BLM shall further the conservation of BLM-sensitive
species. However, as noted by the petitioner, BLM-sensitive species
status does not confer any requirement to protect populations or their
habitats.
The petitioner further notes that the Service has identified
Pediomelum pentaphyllum as a species of concern. While not a formal
legal designation under Service regulations, a species of concern is
defined as a taxon for which further biological research and field
study are needed to resolve its conservation status or which is
considered sensitive, rare, or declining on lists maintained by Natural
Heritage Programs, State wildlife agencies, other Federal agencies, or
professional/academic scientific societies (Service 2009). Species of
concern are identified for planning purposes only and the title confers
no regulatory protection.
Factor E: The petitioner asserts that Pediomelum pentaphyllum is
threatened by herbicide use. Information cited in the petition
indicates that the herbicide Tebuthiuron is being used to control shrub
encroachment and improve rangelands in the area occupied by P.
pentaphyllum in New Mexico (BLM 2004). Howard (2005) notes that P.
pentaphyllum is negatively impacted by Tebuthiuron use as evidenced by
a greater proportion of absent plants, a greater proportion of non-
normal looking plants, and a greater proportion of non-flowering plants
in areas treated with Tebuthiuron as compared to control areas not
treated with Tebuthiuron.
Based on our evaluation of the information provided in the
petition, we have determined that the petition presents substantial
information to indicate that listing Pediomelum pentaphyllum may be
warranted due to other natural or manmade factors affecting the
species' continued existence resulting from herbicide use.
Salvia pentstemonoides (Big Red Sage)
Salvia pentstemonoides is a plant found in moist or seasonally wet
areas, especially creekbeds within the Edwards Plateau of Texas. Salvia
pentstemonoides was thought to be extinct until one large and several
small populations were found in the late 1980s. In 1997, an early and
long summer flood killed a large portion of the largest population,
leaving only a few hundred total individuals left in the wild
(NatureServe 2007). NatureServe (2007) states that the plant consists
of six small extant populations and about a dozen historical
occurrences, some of which are of uncertain location or occur on
private land and haven't been searched for in recent years. Salvia
pentstemonoides 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 NatureServe (2007) the species is threatened
with lowering of the water table due to development, drought, grazing,
and erosion. We have information in our files that aquifer drawdown due
to increasing human population growth in this area is occurring
(Service 1996, pp. 16-19). No additional discussion was presented for
the claims that drought, grazing, and erosion threaten the species, and
thus we have determined that the information presented concerning
drought, grazing, and erosion does not meet the substantial information
standard.
Factor B: According to NatureServe (2007) Austin area nurseries
extensively cultivate Salvia penstemonoides. NatureServe (2007) further
notes that wild populations are potentially threatened by loss of
genetic integrity due to hybridization as well as horticultural
collecting.
Factors C and D: No information was presented in the petition
concerning threats to this species from these factors.
Factor E: Salvia penstemonoides may be threatened by potential
extinction from chance events due to its restricted geographic
distribution and small remaining number of individuals. In 1997, an
early and long summer flood killed the largest part of the largest
population, leaving only a few hundred total individuals left in the
wild (NatureServe 2007, citing Texas Parks and Wildlife Department
1999), indicating that natural chance events may threaten the species.
Based on our evaluation of the information provided in the
petition, we have determined that the petition presents substantial
information to indicate that listing Salvia penstemonoides may be
warranted due the present or threatened destruction, modification, or
curtailment of its habitat or range resulting from aquifer drawdown;
overutilization for commercial, recreational, scientific, or
educational purposes as a result of commercial uses; or to other
natural or manmade factors affecting its continued existence resulting
from flooding.
Fern Ally
Donrichardsia macroneuron (no common name)
Donrichardsia macroneuron is an aquatic moss known to occur at
Seven Hundred Springs on the South Llano River, Edwards County, Texas
(Crum and Anderson 1981, Wyatt and Stoneburner 1980). It grows
partially submerged in shaded areas in rapidly flowing water (Wyatt and
Stoneburner 1980). Following an unsuccessful search of 11 similar
spring sites in the Llano River watershed by Wyatt and Stoneburner
(1980), they concluded that there are no longer sites downstream
suitable for the species, although they believe such sites were
historically occupied by the species.
Factor A: According to NatureServe (2007) and Wyatt and Stoneburner
(1980), the one occurrence at Seven Hundred Springs is threatened by
drying due to drought. A prolonged drought in 1950-1958 dried the 11
springs that were later searched for the species by Wyatt and
Stoneburner (1980). NatureServe (2007) also claims the species is
threatened by changes in hydrology, such as a rise in water level.
[[Page 66905]]
Wyatt and Stoneburner (1980) indicate that flooding is a potential
threat to the species.
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 presents substantial
information to indicate that listing of Donrichardsia macroneuron may
be warranted due to the present or threatened destruction,
modification, or curtailment of its habitat or range resulting from
drought or changes in hydrology.
Finding
We reviewed and evaluated 192 of the 475 petitioned species, based
on the information in the petition and the literature cited in the
petition, and we have evaluated the information to determine whether
the sources cited support the claims made in the petition relating to
the five listing factors. We also reviewed reliable information readily
available in our files.
On the basis of our determination under section 4(b)(3)(A) of the
Act, we have determined that the petition does not present substantial
scientific or commercial information indicating that listing may be
warranted for 125 species.
We find that the petition presents substantial scientific or
commercial information that listing the remaining 67 of the 192 species
that we evaluated as threatened or endangered under the Act may be
warranted. Because we have found that the petition presents substantial
information that listing these 67 species may be warranted, we are
initiating a status review to determine whether listing any of these 67
species under the Act is warranted. We will issue a 12-month finding as
to whether any of the petitioned actions are warranted.
We previously determined that emergency listing of any of the 192
species is not warranted. However, if at any time we determine that
emergency listing of any of the species is warranted, we will initiate
an emergency listing.
The petitioners also request that critical habitat be designated
for the species concurrent with final listing under the Act. If we
determine in our 12-month finding, following the status review of the
species, that listing is warranted, we will address the designation of
critical habitat in the subsequent proposed rule.
The ``substantial information'' standard for a 90-day finding
differs from the Act's ``best scientific and commercial data'' standard
that applies to a status review to determine whether a petitioned
action is warranted. A 90-day finding does not constitute a status
review under the Act. In a 12-month finding, we will determine whether
a petitioned action is warranted after we have completed a thorough
status review of the species, which is conducted following a
substantial 90-day finding. Because the Act's standards for 90-day and
12-month findings are different, as described above, a substantial 90-
day finding does not mean that the 12-month finding will result in a
warranted finding.
References Cited
A complete list of references cited is available on the Internet at
Docket No. FWS-R2-ES-2008-0130 at http://www.regulations.gov and upon
request from the Southwestern Regional Ecological Services Office (see
FOR FURTHER INFORMATION CONTACT).
Author
The primary authors of this document are the staff members of the
Southwestern Regional Ecological Services Offices (see FOR FURTHER
INFORMATION CONTACT).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (U.S.C. 1531 et seq.).
Dated: December 4, 2009
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife Service
[FR Doc. E9-29699 Filed 12-15- 09; 8:45 am]
BILLING CODE 4310-55-S