[Federal Register: July 20, 2010 (Volume 75, Number 138)]
[Proposed Rules]
[Page 42059-42066]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy10-28]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2010-0023]
[MO 92210-0-0008-B2]
Endangered and Threatened Wildlife and Plants; 90[dash]Day
Finding on a Petition To List the Giant Palouse Earthworm (Driloleirus
americanus) as Threatened or Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition finding and initiation of status review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list the giant Palouse earthworm
(Driloleirus americanus) as threatened or endangered under the
Endangered Species Act of 1973, as amended, (Act) and to designate
critical habitat. Based on our review, we find that the petition
presents substantial scientific or commercial information indicating
that listing the giant Palouse earthworm as threatened or endangered
may be warranted. Therefore, with the publication of this notice, we
are initiating a review of the status of the species to determine if
listing the giant Palouse earthworm is warranted. To ensure that this
status review is comprehensive, we are requesting scientific and
commercial data and other information regarding this 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 section 4(b)(3)(B) of the Act.
DATES: To allow us adequate time to conduct this review, we request
that we receive information on or before September 20, 2010. Please
note that if you are using the Federal eRulemaking Portal (see
ADDRESSES section, below), the deadline for submitting an electronic
comment is Eastern Time on this date.
ADDRESSES: You may submit information by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. In
the box that reads ``Enter Keyword or ID,'' enter the docket number for
this notice, which is docket number FWS-R1-ES-2010-0023. Check the box
that reads ``Open for Comment/Submission,'' and then click the Search
button. You should then see an icon that reads ``Submit a Comment.''
Please ensure that you have found the correct rulemaking before
submitting your comment.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R1-ES-2010-0023; 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 Information Solicited
section below for more details).
After the date specified in DATES, you must submit information
directly to the Field Office (see FOR FURTHER INFORMATION CONTACT
section below). Please note that we might not be able to address or
incorporate information that we receive after the above requested date.
FOR FURTHER INFORMATION CONTACT: Ken Berg, Manager, Washington Fish and
Wildlife Office, 510 Desmond Dr. SE, Suite 102, Lacey, WA 98503; by
telephone (360-753-9440); or by facsimile (360-753-9405). 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 the
giant Palouse earthworm (GPE) from governmental agencies, Native
American Tribes, the scientific community, industry, and any other
interested parties. 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 and/or
its habitat.
(2) The factors that are the basis for making a listing
determination for a species under section 4(a) of the Endangered
Species Act of 1973, as amended (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.
(3) Information on grassland or other natural habitats within the
range of the species including distribution of known or potential
habitats; information on ongoing or future activities in potential GPE
habitat; information on life history of the GPE and evidence supporting
its endogeic (earthworms that live in mineral soil and consume organic
matter within the soil or at the soil-litter interface) or anecic
(earthworms that inhabit deep vertical burrows and emerge at night to
consume relatively fresh plant detritus on the surface) life-history
mode; and information on other native or nonnative earthworm
distributions in the range of the species.
If, after the status review, we determine that listing the GPE is
warranted, we will propose critical habitat (see definition in section
3(5)(A) of the Act), under section 4 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 the GPE,
we request data and information on:
[[Page 42060]]
(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 4
of the Act.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
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 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 personal identifying information from public review.
However, we cannot guarantee that we will be able to do so. We will
post all hardcopy submissions on http://www.regulations.gov.
Information and supporting documentation that we received and used
in preparing this finding, will be available for you to review at
http://www.regulations.gov, or you may make an appointment during
normal business hours at the U.S. Fish and Wildlife Service, Washington
Fish and Wildlife 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 the
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 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 the
finding promptly in the Federal Register.
Our standard for substantial scientific or commercial 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 conduct a status review, which is subsequently summarized in
our 12-month finding.
Previous Federal Action(s)
On August 30, 2006, we received a petition from three private
citizens and three other parties (the Palouse Prairie Foundation, the
Palouse Audubon Society, and Friends of the Clearwater) to list the GPE
(Driloleirus americanus). On October 9, 2007, we published a 90-day
finding stating that the August 30, 2006, petition did not provide
substantial scientific or commercial information to indicate that
listing the GPE may be warranted (72 FR 57273). On January 24, 2008,
the petitioners filed a lawsuit in the U.S. District Court, Eastern
District of Washington against the U.S. Department of the Interior and
the Service challenging the ``not substantial'' decision (Palouse
Prairie Foundation et al. v. Dirk Kempthorne, et al., No. 2:08-cv-0032-
FVS). On February 12, 2009, the District Court denied the Appellants'
motion for summary judgment and granted summary judgment in favor of
the Service, upholding the October 9, 2007, determination. The U.S.
Court of Appeals for the Ninth Circuit affirmed the District Court
ruling on June 14, 2010.
History of Current Petition
On July 1, 2009, we received a petition dated June 30, 2009, from
Friends of the Clearwater, Center for Biological Diversity, Palouse
Audubon, Palouse Prairie Foundation, and Palouse Group of the Sierra
Club (petitioners) requesting that the GPE be listed as threatened or
endangered and that critical habitat be designated under the Act. The
petitioners also requested that we list the GPE as a threatened or
endangered species either in the entirety of its range, or in the
Palouse bioregion as a significant portion of its range. The petition
clearly identified itself as such and included the requisite
identification information for the petitioners, as required by 50 CFR
424.14(a).
The July 1, 2009, petition was accompanied by a letter from Samuel
W. James, an earthworm taxonomist, and additional information about GPE
and threats to the species that was not available to the Service during
our evaluation of the August 30, 2006, petition. In an August 5, 2009,
letter to the petitioners, we responded that we had reviewed the
information presented in the petition and determined that issuing an
emergency regulation temporarily listing the species under section
4(b)(7) of the Act was not warranted. We also stated that we would not
be able to further address the petition at that time, but that we would
complete the action when funding became available in fiscal year 2010.
This finding addresses the petition.
Species Information
The GPE was first described by Smith in 1897, based on a collection
near Pullman, Washington. At the time of this collection, Smith stated:
``this species is very abundant in that region of the country and their
burrows are sometimes seen extending to a depth of over 15 feet''
(Smith 1897, pp. 202-203). Although only a few specimens have been
collected, early descriptions indicate that the GPE can be as long as 3
feet (0.9 meters). Some consider the GPE to be an endemic species (a
species native to a particular region), that uses grassland sites with
good soil and native vegetation of the Palouse bioregion (James 1995,
p. 1; Niwa et al. 2001, p. 34). The Palouse bioregion is an area of
rolling hills and deep soil in southeastern Washington and adjacent
northwestern Idaho.
The petition acknowledges (Petition, pp. 1, 3) four positively
identified collections of this species in the past 110 years (Sanchez-
de Leon and Johnson-Maynard 2008, p. 2), compared to the species being
described as ``very abundant'' in Smith (1897, p. 202). Three of the
collection locations were in the Palouse River basin (one between
Moscow and Pullman, one at Moscow Mountain, Idaho (Petition cover
letter, p. 2), and one at a prairie remnant, Smoot Hill Biological
Preserve (Sanchez-de Leon and Johnson-Maynard 2008, p. 6)). The fourth
location was in the hills west of Ellensburg, Washington (Fender and
McKey-Fender 1990, p. 358), outside of the Palouse bioregion. We were
unable to clearly match the dates of collection with the exact
[[Page 42061]]
locations based on information in the petition and references. However,
several GPE were collected in 1978 near Pullman and Moscow (Petition,
p. 5; Johnson-Maynard 2009b, p. 2), a collection was made in 1988 by
Johnson and Johnson at a forest clearing near Moscow (Sanchez de Leon
and Johnson-Maynard 2008, p. 2; Johnson-Maynard 2009b, p. 3), and a
specimen was collected in 2005 by a University of Idaho graduate
student near Pullman (Johnson-Maynard 2009b, p. 3; Mullins 2006, p. 1).
The Ellensburg, Washington specimen was collected before 1990
(Petition, p. 5; Fender and McKey-Fender 1990, p. 358). Follow-up
surveys in previous collection locations were unsuccessful in locating
the GPE. Several of these collection locations had major ground-
disturbing activities. One site was converted into a parking lot and
another was ``very disturbed with graveling'' (Petition, p. 5). James
(2000, p. 5) states that only a small portion of suitable earthworm
habitat in the Columbia Basin area has been surveyed. Since 2005, two
Driloleirus genus earthworms have been documented, one south of Moscow,
Idaho, and one near Leavenworth, Washington (University of Idaho 2008,
p. 1; Johnson-Maynard 2009b, p. 3), but the specimen could not be
verified to species level due to damage during collection.
The GPE is described as an anecic earthworm (James 2000, p. 5)
based on its functional role in the soil ecosystem. Anecic earthworms
are the largest and longest lived of the three earthworm types (James
2000, p. 2; 1995, p. 6), and transport fresh plant material from the
soil surface to subterranean levels. We reviewed the 2006 petition
within the context of this information. However, after additional
scrutiny, James (2009, p. 3) determined that, based on its pale
pigmentation, the species is endogeic rather than anecic. Endogeic
earthworms live entirely in the soil and rely on subsurface organic
matter, rather than transporting plant material below ground. Life-
history forms aside, we accept the characterization of the GPE as a
species (Smith 1897, p. 203; Fender and McKey-Fender 1990, p. 372;
Fender 1995, pp. 53-54). While the naming conventions of the GPE has
changed over time, (Megascolides americanus in 1897 (Smith 1897, p.
203); changed to Driloleirus americanus by 1990 (Fender and McKey-
Fender 1990, p. 372), there is no information provided in the petition
or in our files that would indicate scientific disagreement about its
status as a species.
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 considering what factors might constitute threats, we must look
beyond the exposure of the species to a factor to evaluate whether the
species may respond to the factor in a way that causes actual impacts
to the species. If there is exposure to a factor and the species
responds negatively, the factor may be a threat and, during the
subsequent status review, we attempt to determine how significant a
threat it is. The threat is significant, if it drives, or contributes
to, the risk of extinction of the species such that the species may
warrant listing as threatened or endangered as those terms are defined
in the Act. However, the identification of factors that could impact a
species negatively may not be sufficient to compel a finding that the
information in the petition and our files is substantial. The
information must include evidence sufficient to suggest that these
factors may be operative threats that act on the species to the point
that the species may meet the definition of threatened or endangered
under the Act.
In making this 90-day finding, we evaluated whether information
regarding threats to the GPE, as presented in the petition and other
information available in our files, is substantial, thereby indicating
that the petitioned action may be warranted. Our evaluation of this
information is presented below.
A. The Present or Threatened Destruction, Modification, or Curtailment
of the Species' Habitat or Range
Petition Information on Habitat Loss and Fragmentation in the Palouse
Bioregion
The petitioners claim that the GPE is threatened by habitat
conversion, loss, and fragmentation from agriculture and urban sprawl
in the Palouse region (Petition, pp. 1, 7). The petitioners cite
Sanchez-de Leon and Johnson-Maynard (2008, p. 1) who state that
combined effects of land-use change, habitat fragmentation, and
competitive interactions have decimated native earthworms. James (2009,
p. 1) states that earthworms are sensitive to habitat disturbance, and
that to find indigenous earthworms one must work in undisturbed or
mildly disturbed vegetation. Undisturbed vegetation is rare in the
Palouse bioregion, since the native grassland habitat has been reduced
to less than 1 percent of the pre-agricultural extent (Petition, p. 8;
James 2009, p. 1; Noss et al. 1995, p. 74). The petition lists a dozen
locations in the Palouse area that contain prairie remnants (Petition,
p. 5). In a survey of four prairie remnants and adjacent conservation
reserve program (CRP) fields (areas set aside from farming and mainly
planted with nonnative grasses), Sanchez-de Leon and Johnson-Maynard
(2008, pp. 1, 4; Petition, p. 4) found one GPE in one prairie remnant.
Sanchez-de Leon and Johnson-Maynard (2008, p. 6; Petition, p. 5)
observed that many remaining prairie remnants are not suitable for
tillage (preparing land for the raising of crops by plowing) as they
are often steep, rocky, or contain shallow soil and, therefore, may
also be less suitable for earthworms (Sanchez-de Leon and Johnson-
Maynard 2008, p. 6; Petition, p. 5).
Evaluation
Information in the petition and in the Service's files indicates
native habitats are rare and fragmented in the Palouse bioregion. The
estimated amount of habitat conversion varies, but several studies have
determined that the conversion of native habitats is very high: 99.9
percent of Palouse prairie habitats to agriculture (Noss 1995, p. 74);
94 percent of the grasslands and 97 percent of the wetlands in the
Palouse bioregion have been converted to crop, hay, or pasture (Black
et al. 1998, pp. 9-10); 21 percent of previously forested lands have
been converted to agriculture or urban uses; and less than 1 percent of
the original bunchgrass prairie habitat remains (Gilmore 2004, p. 3;
Donovan et
[[Page 42062]]
al. 2009, p. 1). Although the Palouse prairie grasslands habitat has
been extensively impacted by agriculture and development, very limited
information exists on the specific habitat needs of the GPE. If the
species is endemic to good soil (``good'' soil was not defined in
references) and native vegetation of the Palouse bioregion, as stated
by some scientists (James 1995, p. 1; Niwa et al. 2001, p. 34), the
best available information may indicate that remaining prairie remnants
are not the best habitat for the GPE (Sanchez-de Leon and Johnson-
Maynard 2008, p. 6).
Although its habitat may be limiting, there also may be sampling
challenges that could bias available information on GPE. Sanchez-de
Leon and Johnson-Maynard (2008, p. 7) explained that hand sampling
methods may underestimate abundance of deep-burrowing species; while
James (2009, p. 3) states that, if present, an endogeic earthworm such
as the GPE should be moderately easy to find.
Petition Information on Habitat Loss and Fragmentation in the
Ellensburg Area
The GPE occurs both in the Palouse bioregion and in central
Washington near Ellensburg. The petitioners claim that, similar to the
Palouse bioregion, the areas around Ellensburg have also been
extensively modified by agriculture (Adolfson Associates 2005, p. 2;
Petition, p. 8).
Evaluation
There is little information in the petition or the Service's files
on the habitat associated with the GPE collected near Ellensburg.
Fender and McKey-Fender (1990) described the location as ``in the hills
west of Ellensburg,'' and they noted that the range of GPE extends into
``treeless areas'' (pp. 358, 366). The Adolfson Associates report
(2005, p. 1) was limited to the city and the urban growth area around
Ellensburg. The location of the Ellensburg collection site is
uncertain, and the petitioners did not provide additional information
on potential GPE habitat other than the Adolfson Associates report.
James (2000, p. 8; 1995, p. 2) confirms that GPE collection data
provides little detailed information about habitat types, and he
included the Ellensburg collection site, among others, as being
generally located in what is now agricultural land, grassland, and
shrubland.
Petition Information on Habitat Impacts from Agriculture and Urban
Development
The petitioners claim that earthworms or their grassland habitats
are influenced by soil disturbance, tillage, traffic, food sources,
chemical and pesticide residues, and soil microclimate (Jennings et al.
1990, p. 75; Edwards & Bohlen 1996b, pp. 283-289; Edwards et al. 1995,
pp. 200-201; USDA-NRCS 2001, p. 2; Petition, p. 10). The petitioners
also claim that it is appropriate to use other earthworms as proxies
for effects to the GPE as long as they are similar biologically and
ecologically (Sappington et al. 2001, p. 2869; Caro et al. 2005, p.
1821; Petition, p. 10).
An Australian study showed 3 years of tillage reduced earthworm
burrow density by nearly 90 percent (Chan 2004, p. 89; Petition, p.
10), and that tillage changes water infiltration into soil through
burrows. In the Palouse bioregion, tillage removes the original
topsoil, which may reduce earthworm burrow densities, soil aeration,
soil infiltration rates, and the amount of organic matter available to
the GPE for forage (Veseth 1986b, p. 2; Petition, pp. 10-11). All
original topsoil has been removed from 10 percent of Palouse cropland,
and another 60 percent of cropland has lost 25 to 75 percent of the
topsoil (Veseth 1986b, p. 2).
Moisture, temperature, and food availability influence earthworm
populations in general, and earthworms need the organic matter found in
the topsoil that agriculture removes (James 2000, pp. 1-2; Petition, p.
11). Bare soil also increases effects of flooding, drought, or other
weather conditions due to the lack of vegetation that buffers soil from
extreme moisture, dryness, and temperature fluctuations. These
fluctuations can temporarily or permanently make soils unusable by
earthworms (James 2000, pp. 1-2; Petition, p. 11).
Soil compaction from livestock grazing or farm machinery can affect
earthworms by making burrowing and feeding more difficult (James 2000,
p. 9), by decreasing soil pore size and thereby decreasing nutrient
retention and changing the soil food web (Niwa et al. 2001, p. 7), or
by favoring nonnative earthworms that prefer course soils rather than
the fine soils preferred by the GPE (Fender and McKey-Fender 1990, p.
364; Petition, p. 11). In addition to soil compaction, livestock
grazing changes the quality and accessibility of detrital material,
decreasing organic matter available to earthworms through conversion of
herbage to partly digested clumps of organic matter (James 2000, p. 9;
Petition, p. 14).
The petitioners also claim that chemicals and some soil chemistry
effects, notably a reduction in soil pH, negatively impact earthworms
(Petition, p. 11). Soil pH is a factor that often greatly affects
earthworm populations, both in numbers of individuals and numbers of
species; in general there are fewer species in the more acidic soils
below pH 5 than in more alkaline soils (Edwards and Lofty 1977, p.
234). Nitrogenous fertilizers reduce pH levels (Ma et al. 1990, p. 76).
Pesticide applications can be extremely toxic to earthworms, and
have indirect effects on vegetation (Edwards and Bohlen 1996a, pp. 282-
288). Like other farmers, growers in the Palouse region apply many
herbicides (Hall et al. 1999, p. 12 Table 3.08; Kellog et al. 2000, p.
2), including Triazine (Atrazine) herbicides that may have negative
effects on earthworm numbers (Edwards and Bohlen 1996a, p. 285), and
which may include indirect effects due to their influence on weeds as a
source of supply of organic matter on which worms feed in the soil.
Traces of Triazine herbicides were found in surface-water samples from
the Palouse River basin (Wagner et al. 1995, p. 15, Table 4). The
petition also states no-till farming uses herbicides rather than
tilling for weed-control, resulting in higher herbicide use in no-till
fields than is used in tilled fields (Veseth 1986a, p. 1; Petition, p.
12).
The petitioners claim that urban sprawl and rural development
negatively impact habitats in the Palouse and Ellensburg areas. The
Ellensburg, Washington; Pullman Washington; and Moscow, Idaho
populations increased by approximately 76, 88, and 73 percent since
1980, respectively (Petition, p. 12; www.census.gov, figure 4). The
petition states that urban development compacts soils, removes topsoil,
and favors nonnative invasive earthworms (Petition, pp. 12-13). New
road construction affects remaining prairie remnants (Petition, p. 13),
including a potential rerouting of U.S. 95 through a large prairie
remnant in the Palouse bioregion.
Evaluation
Information in the petition and the Service's files indicates that
tillage may affect earthworms, and the use of surrogate species (such
as other earthworms) may be useful for evaluating potential effects to
the GPE, provided such studies are conducted with appropriate
scientific controls and precautions. Caro et al. (2005, p. 1821)
[[Page 42063]]
states that ``for substitute species to be appropriate, they should
share the same key ecological or behavioral traits that make the target
sensitive to environmental disturbance and the relationship between
populations vital rates and level of disturbance should match that of
the target; these conditions are unlikely to pertain in most
circumstances and the use of substitute species to predict endangered
populations' responses to disturbance is questionable.''
Chan's study (2004, p. 90) compared effects to an anecic
Megascolecidae (the same family as the GPE) by assessing burrows in
pastures, no-till agriculture, one-pass tilled agriculture; and two-
pass conventional tilled agriculture (Chan 2004, p. 94). The effect of
tillage on earthworm abundance was usually negative because tilling
causes physical damage and burial of residues; alternatively it can
increase abundance of some earthworm species due to incorporation of
residues into the soil (Chan 2004, p. 90). Tillage decreases burrow
density, and related water conduction into the soil (Chan 2004, p. 94).
Some preservation of earthworm burrows can be achieved by adopting
conservation tillage techniques (no-till) (Chan 2004, p. 96).
Since the earthworm species used in Chan's studies was anecic,
whereas the GPE may be endogeic, the effects of tilling within the plow
zone may not be applicable to the GPE. Edwards and Bohlen (1996b, p.
215) also stated that earthworm populations were larger in soil that
was not cultivated and had crops drilled directly. No-till agriculture
occurs on about five percent of Palouse acreage considered in a survey
by Hall (1999, p. 15). More tillage destroys burrows, while less
tillage leaves residues and improves environments for earthworms (USDA-
NRCS 2001, p. 3).
Tillage and cultivation impacts to the GPE may vary depending on
whether it is has an endogeic or anecic life-history form. James (2009,
p. 3) believes the GPE is endogeic, and lives entirely in the soil,
feeding on organic matter in varying stages of decomposition. According
to James, a large endogeic species is probably more susceptible to
habitat changes than an anecic species, and that agricultural
conversion stabilizes soil organic matter at a low level, with only the
lowest quality and most resistant organic matter remaining. Because of
these low levels of organic material, the GPE could starve, even if it
could survive mechanical disturbances and chemicals associated with
agricultural conversion (James 2009, p. 4).
Degradation of the land base from topsoil losses, changes in soil
structure and chemistry, and reduced soil organic matter has resulted
from tillage methods, crop rotations, and fertilization practices used
historically in the Palouse region (Jennings et al. 1990, p. 75). There
was no detailed information provided on agriculture activities in the
Ellensburg area outside of the urban growth area. Furthermore, no
information was provided by the petitioner, and no information is
available in our files on the extent of livestock ranching impacts in
the Palouse or Ellensburg areas.
The petitioners cite soil chemistry effects, notably a reduction in
soil pH, as having deleterious effects on earthworms, and state that
generally, earthworms do not thrive in soils with a pH below 5
(Petition, p. 11); however, our review of information on pH effects to
earthworms showed both supportive and contradictory information
relevant to the petitioners' claims. Fender (1995, p. 56) stated that
Argilophiline worms (a tribe of earthworms that includes the GPE)
appear to have higher tolerance than Lumbricidae (night crawler
earthworms) for low pH (acid) soils, high clay, and resinous low-
nitrogen plant litter. A tribe is a taxonomic ranking between the
family and genus rankings in Linnaean taxonomy. Sanchez-de Leon and
Johnson-Maynard (2008, pp. 5, 7) found more nonnative earthworms in
lower pH soils (pH 5.9 to 6.2) in Conservation Reserve Program (CRP)
sites, than in prairie remnants with higher pH soils (pH 6.3 to 6.6).
As a result, the researchers question whether it is possible that lower
pH correlates with some other non-measured soil parameter, such as
previous fertilizer applications and resultant increased organic matter
(Sanchez-de Leon and Johnson-Maynard 2008, p. 7).
Ma et al. (1990, p. 75) found different results: the lower the pH
(the more acidic), the smaller the endogeic earthworm populations. The
lower pH resulted in larger accumulations of organic matter or thatch,
indicating decreased rates of decomposition and microbial
mineralization (Ma et al. 1990, p. 79). A Natural Resource Conservation
Service (USDA-NRCS) report states inorganic fertilizers can have a
positive impact on earthworms due to increased biomass (USDA-NRCS 2001,
p. 5), but that earthworms do not thrive in soils with a pH below 5
(USDA-NRCS 2001, p. 2; Edwards and Lofty 1977, p. 234). In summary,
studies regarding earthworms and soil pH indicate that earthworm
response may vary with species, location, or other attributes and it is
unclear how the GPE may react to different soil acidity, which makes it
difficult to determine if reduced pH is negatively impacting the
species.
Information in the petition and available in the Service's files on
the GPE and pesticides (used here as a general term, including
herbicides, fungicides, and insecticides) found that some chemical
applications may impact earthworms, and potentially the GPE. Edwards
and Bohlen (1996, p. 283) state that the toxicities of different
chemicals and pesticides on earthworms vary greatly, and summarize the
toxicities of many pesticides. Edwards and Bohlen (1996, p. 285; USDA-
NRCS 2001, p. 6) state that some herbicides, including Triazine
herbicides, are moderately toxic to earthworms. Carbamates are toxic to
earthworms (USDA-NRCS 2001, p. 6). Wagner et al. (1996, pp. 21-22)
listed multiple pesticides used in a subset of the Palouse bioregion,
and found several, including Triazine (Atrazine), in water samples (pp.
15-16). No information was provided in the petition on the use of, or
surveys of, pesticides in the Ellensburg area.
We acknowledge several differences between information presented by
the petitioner and other information available in our files with regard
to claims made in the 2006 and 2009 GPE petitions. The 2006 petition
stated that the GPE was endemic to the Palouse bioregion (Petition, p.
2); the 2009 petition expanded the petitioned area, stating that the
species is native to the Columbia River basin of eastern Washington and
northern Idaho (Petition, p. 1). We evaluated the petitioner's 2006
claim that the species may be affected by agricultural practices that
use chemicals and result in soil compaction, but were unable to verify
that these activities presented a threat (72 FR 57273).
The 2009 petition includes a letter of support from Samuel W.
James, Biodiversity Institute, University of Kansas (James 2009, pp. 1-
4). Mr. James states that he is the only earthworm taxonomist operating
in the United States, and has extensive experience in biodiversity
inventory of earthworms. In one of the references provided in support
of the 2006 petition, James (1995, p. 12), stated that he can
``confidently state that nothing is known of the impact of any
management practice on any Columbia River Basin native earthworm
species.''
For purposes of the 2009 petition, James now believes the GPE is
endogeic and not anecic as he previously thought, and states that, ``I
have no doubt that Driloeirus americanus is in danger of
[[Page 42064]]
extinction'' (James 2009, p. 1). James also states that ``this re-
evaluation is significant to the petition to list D. americanus,
because a large endogeic species is probably more susceptible to
habitat changes than an anecic'' (James 2009, p. 3). This finding fully
considers the new information presented by the petitioner. Our review
for purposes of a 90-day finding is limited to a determination of
whether the information in the petition meets the ``substantial
information'' threshold. We do not conduct additional research at this
point, nor do we subject the petition to rigorous critical review.
In summary, our review and the 2009 petition indicate there has
been extensive agricultural conversion in the Palouse bioregion, and
the petition states that similar conversion has taken place in the
central Washington area. Other threats identified by the petitioner
include habitat fragmentation, urban development, pesticides, and soil
compaction. The petitioner presents a reasonable argument that the GPE
may be exposed to the above threats in the entirety of its range or in
what may constitute a significant portion of its range (Petition, p.
3). Although the species' responses to these threats are still
undeterminable at this time due to the lack of specific information on
the species' biology and habitat needs, James (2009, p. 3) provides a
logical explanation as to why a species like the GPE may be susceptible
to these threats. The limited and fragmented remnant deep-soil habitats
in the Palouse bioregion, and the potential impacts to any GPE from
ongoing agriculture activities, including tilling, may negatively
impact the species. However, the magnitude of these threats could
differ, depending on whether the species exhibits an anecic or endogeic
life history. The species may be affected by pesticides, although based
on the best available information, we are unable to verify or quantify
these threats at this time.
In James (2000, p. 10), the author identifies certain research and
monitoring priorities, including experimentally testing hypotheses of
the mechanisms through which habitat disturbance, exotic species
invasions, and other human-caused factors may affect native (earthworm)
species, beginning with those species potentially threatened such as
the GPE. In his 2009 letter, James states that in his opinion, the GPE
is in danger of extinction (James 2009, p. 1); we have no other expert
opinion or conflicting information in our files in this regard.
We acknowledge there are gaps in the data presented by the
petitioner, and that we have very little specific information on the
GPE in our files. Nonetheless, in conclusion, we find that the
information provided in the petition, as well as other information in
our files, presents substantial scientific or commercial information
indicating that the petitioned action may be warranted due to the
present or threatened destruction, modification, or curtailment of the
species' habitat or range.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
The petition did not identify overutilization for commercial,
recreational, scientific, or educational purposes as a potential threat
to the GPE. In our October 9, 2007, 90-day finding (72 FR 57273) we
acknowledged that three GPE individuals were inadvertently killed
during research activities. Researchers have yet to find an efficient
survey method that reliably finds the GPE without damaging it (Johnson-
Maynard 2009b, p. 7). While we continue to acknowledge mortality of
several GPE individuals due to scientific collection, we do not have
population size information indicating that the loss of three
individuals or the sampling risk in the future may be a threat to the
continued existence of the species. Therefore, we do not have
substantial information indicating that overutilization for commercial,
recreational, scientific, or educational purposes may present a threat
to the continued existence of the GPE.
C. Disease or Predation
The petition did not identify any threats to the GPE related to
disease or predation; however, we found some relevant information
available in our files. Hendrix and Bohlen (2002, p. 802) state that
imported nonnative earthworms may be vectors for plant or animal
pathogens or viruses, but do not correlate this potential threat to the
GPE. Although James (1995, p. 11) states that predation on earthworms
can be accentuated by tilling the soil and exposing earthworms to bird
predators, the correlation to the GPE is inconclusive given
uncertainties regarding its anecic or endogeic life-history form.
Because of these uncertainties, we are unable to determine if the
amount of predation would rise to the level of a threat to the species
at this time. Other impacts from agricultural tilling are discussed in
more detail under Factor A. In summary, we conclude neither the
petition nor information in our files presents substantial scientific
or commercial information to document that disease or predation
presents a threat to the continued existence of the GPE.
D. The Inadequacy of Existing Regulatory Mechanisms
Information Provided in the Petition
The petition claims that there are no Federal, State, or local
regulations that specifically protect the GPE or its habitat. The
Washington Department of Fish and Wildlife identifies the GPE as a
species of concern (WDFW 2009, p. 1), although this status does not
provide any regulatory protection for the species. The petition
indicates that the Palouse Subbasin Management Plan, developed as part
of the Northwest Power and Conservation Council review process for the
subbasins in the Columbia River Basin, contains three objectives (7, 8,
and 15) that are relevant to the GPE and its habitat. Objective 7 is
designed to protect native grassland habitat within the Palouse
subbasin; however, this objective is voluntary in nature and does not
provide specific protection for the GPE. Objective 8 is designed to
restore lost or degraded grassland habitat within the Palouse subbasin
by identifying feasible opportunities for restoration. This objective
does not define ``feasible opportunities,'' and appears to rely on a
voluntary approach, which provides no regulatory protection for GPE
habitat. Objective 15 is designed to increase wildlife habitat value on
agricultural land for focal species; however, it is also voluntary in
nature and does not provide specific protection for the GPE or its
habitat.
The petition states that the Forest Service, Bureau of Land
Management, Fish and Wildlife Service, Environmental Protection Agency,
and NOAA Fisheries signed a memorandum of understanding (MOU) agreeing
to implement the Interior Columbia Basin Strategy. The MOU commits the
agencies to use information developed during the Interior Columbia
Basin Ecosystem Management Project in future planning processes;
however, neither the MOU nor the accompanying strategy specifically
mention the GPE or create any regulatory mechanisms to provide
protections for its habitat (petition p. 15).
According to the petition, the regulation of earthworms imported
into the United States is based on the Federal Plant Pest Act (7 U.S.C.
150aa-150jj, May 23, 1957, as amended 1968, 1981, 1983, 1988 and 1994),
under which the Animal and Plant Health Inspection Service controls
imports containing soil that might carry
[[Page 42065]]
pathogens. The petition cited Hendrix and Bohlen (2002, p. 809), who
state, ``In the absence of pathogens, it appears that any earthworm
species may be imported, that is, there is no specific consideration of
earthworms as invasive organisms.'' The petition claims that regulation
has not been effective in reducing the importation of nonnative
earthworm species to the United States from other parts of the world,
which poses a direct threat to the existence of the GPE and other
native earthworm species (see Factor E for more information on impacts
from nonnative earthworms).
Evaluation
Information in the petition and available in Service files
indicates that there are limited regulatory mechanisms that may be
protective of the GPE or its habitat. As we found in Factor A, the
petition provided sufficient information indicating the species may be
threatened by destruction, modification, or curtailment of its habitat
or range from agricultural conversion, habitat fragmentation, urban
development, pesticides, and soil compaction. Below, in Factor E, we
discuss how the petitioner provided sufficient information indicating
nonnative earthworm species impacts or competition may also present a
threat to the GPE. Since we determine that the petition provided
sufficient information indicating that both habitat loss and
introduction of nonnative earthworms may be a threat to the GPE, the
inadequacy of regulatory mechanisms to control these factors may also
be a threat. Although the magnitude of this threat is presently
indeterminable based on uncertainties regarding the species' biology,
habitat needs, and its anecic or endogeic life history, we find that
the information provided in the petition, as well as other information
in our files, presents substantial scientific or commercial information
indicating that the petitioned action may be warranted due to the
inadequacy of existing regulatory mechanisms.
E. Other Natural or Manmade Factors Affecting the Species' Continued
Existence
Information Provided in the Petition
The petitioners claim that the GPE is threatened by invasive
nonnative earthworms (Petition, p. 1). In a 3-year study of earthworms
in the Palouse region of eastern Washington and Idaho, Sanchez-de Leon
and Johnson-Maynard (2008, p. 8) found a dominance of invasive exotic
earthworms in both native and nonnative grasslands. Exotic (nonnative)
earthworms can invade new habitats, change the ecological soil
functions, and displace native species (Hendrix and Bohlen 2002, p.
805; Petition, p. 16). Earthworm populations are dominated by nonnative
earthworms in agricultural sites and native prairie remnants in the
Palouse region (Fauci and Bezdicek 2002, p. 257; Sanchez-de Leon and
Johnson-Maynard 2008, pp. 7-8; Petition p. 16). Habitat conversion
favors invasion of nonnative earthworm species that are better adapted
to a disturbed or degraded environment (Petition, p. 16; James 1995, p.
5). Some exotic earthworm species may be highly competitive with a
deeper-dwelling species like the GPE. James (2000, p. 2) states that
invasive earthworm species present a potential threat to the GPE. He
describes the loss of a deep-dwelling Illinois earthworm species as an
example, and states that the GPE is probably endogeic (deep-dwelling)
as well (James 2009, p. 3).
We acknowledge that there are substantial weaknesses in
extrapolating data from an Illinois species to the GPE, since we have
no information that would indicate the responses of the Illinois
species and the GPE to invasive earthworms would be similar. However,
since we have no conflicting information in our files on this potential
threat to the GPE, we are deferring to the expert's opinion for
purposes of this 90-day finding.
The petitioners also describe the existence of introduced annual
grasses and noxious weeds in the Palouse region, including: Kentucky
bluegrass, crops, cheatgrass, and yellow-star thistle (Gilmore 2004,
pp. 1-87), and assume these plants do not provide the same quality and
quantity of earthworm forage as native vegetation (Petition, p. 17).
The petitioners also claim that climate change resulting in changing
weather patterns will impact the GPE (Petition, p. 17), since the
amount of annual precipitation is a parameter that influences GPE
habitat (Fender & McKey-Fender 1990, p. 366).
Evaluation
Information in the petition and available in our files indicates
that other natural or manmade factors, including potential nonnative
earthworm species impacts or competition may present a threat to the
GPE. In a recent study in the Palouse region of southeastern Washington
and northern Idaho, Sanchez-de Leon and Johnson-Maynard compared four
paired sites of prairie remnants and CRP lands (2008, pp. 2, 8). The
main purpose of the study was to characterize and compare native and
exotic earthworm populations in two important grassland ecosystems of
the Palouse region, native prairie remnants and CRP set asides.
One invasive earthworm species (Aporrectodea trapezoides) made up
90 percent of the total earthworm density in the paired comparison
study (Sanchez-de Leon and Johnson-Maynard 2008, p. 4). The researchers
also observed that A. trapezoides may compete with GPE for food in
upper layers of soil (Sanchez-de Leon and Johnson-Maynard 2008, p. 6).
One GPE was found at one of the four prairie remnant study sites used
for the study. The researchers state that the rarity of native
earthworms in their prairie site surveys lends support for the theory
that native earthworms are being replaced by nonnative earthworms, even
in visibly intact remnants of fragmented habitats (Sanchez-de Leon and
Johnson-Maynard 2008, p. 6).
The researchers also present several scenarios regarding the GPE
and nonnative earthworms: The GPE may be able to coexist with some
species; some nonnative species may be replacing the GPE; or the GPE
may remain only in lower quality prairie remnants (shallow rocky soils)
(Sanchez-de Leon and Johnson-Maynard 2008, p. 6). The researchers
propose that a combination of extensive habitat fragmentation in the
Palouse region, low habitat quality of remaining prairie remnants, and
possible competitive interactions with exotic earthworms, decimated GPE
populations at their study sites (Sanchez-de Leon and Johnson-Maynard
2008, p. 6).
The Service agrees with the petitioner that native plant
communities in the Palouse are susceptible to invasion by nonnative
plants (Gilmore 2004, pp. 1-26; James 2000, p. 8), that domination of
deep-soil sites by Kentucky bluegrass is common, and that in shallow
soils cheatgrass and yellow-star thistle weeds compete with native
grasslands. However, we have no information from the petitioner or our
files that documents a threat to the GPE from these nonnative plants.
Although the petition expresses a concern about future climate
change and its effects on the GPE, it does not present information or
data in this regard. The Service evaluated information available in our
files related to this potential threat. Lawler and Mathias (2007, pp.
19-20) investigated possible climate change impacts to vascular plants,
stating that plants may mature earlier creating potential mismatches
between pollinators and plants, parasites and hosts, and herbivores and
food sources; increased summer temperatures and decreased
[[Page 42066]]
summer precipitation may lead to changes in distribution of some plant
species; sagebrush steppe and grasslands may contract while dry forests
and woodlands expand; and plant distribution changes will depend in
part on plant water-use efficiencies. Based on the best available
information, it is difficult to predict how or if future changes in
growth or distribution of vegetation will affect local conditions for
weeds, native vegetation, or both. It is also unclear how or if this
will have an adverse or beneficial impact on the GPE or its habitat.
We acknowledge that the magnitude of the above threats is uncertain
because we lack specific information on the species' biology and
habitat needs. In addition, the species' exposure and response would
likely differ, depending on whether it exhibits an anecic or endogeic
life history. However, we find that the information provided in the
petition, as well as other information in our files, presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted due to other natural or man-made
factors, in particular due to the presence of nonnative invasive
earthworms.
Finding
On the basis of our determination under section 4(b)(3)(A) of the
Act, we find that the petition presents substantial scientific or
commercial information indicating that listing the GPE throughout its
entire range may be warranted. This finding is based on information
provided under factors A, D and E.
Because we have found that the petition presents substantial
information indicating that listing the GPE may be warranted, we are
initiating a status review to determine whether listing the GPE under
the Act is warranted. The petition asserts that the GPE is also
threatened or endangered throughout a significant portion of its range.
Accordingly, a significant portion of the range analysis will be
conducted during the status review if we determine that listing the
species in its entire range is not warranted.
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
http://www.regulations.gov and upon request from the Washington Fish
and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Author
The primary authors of this notice are the staff members of the
Eastern Washington Field Office.
Authority: The authority for this action is the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: July 2, 2010
Wendi Weber
Acting Director, U.S. Fish and Wildlife Service
[FR Doc. 2010-17709 Filed 7-19-10; 8:45 am]
BILLING CODE 4310-55-S