Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Gentry Indigo Bush as Endangered, 5401-5404 [05-1905]
Download as PDF
Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Proposed Rules
Dated: January 18, 2005.
James Jones,
Director, Office of Pesticide Programs.
[FR Doc. 05–1990 Filed 2–1–05; 8:45 am]
BILLING CODE 6560–50–S
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To List the Gentry Indigo Bush
as Endangered
Fish and Wildlife Service,
Interior.
ACTION: Notice of 90-day petition
finding and initiation of status review.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (FWS), announce a 90day administrative finding on a petition
to list the Gentry indigo bush (Dalea
tentaculoides) under the Endangered
Species Act of 1973, as amended (Act).
We find that the petition presents
substantial information indicating that
listing the Gentry indigo bush may be
warranted. Therefore, we are initiating a
status review to determine if listing the
species is warranted. To ensure that the
review is comprehensive, we are
soliciting information and data
regarding this species.
DATES: The administrative finding
announced in this document was made
on January 25, 2005. To be considered
in the 12-month finding for this
petition, comments and information
should be submitted to us by April 4,
2005.
ADDRESSES: Data, information,
comments, or questions concerning this
petition and our finding should be
submitted to the Field Supervisor,
Arizona Ecological Services Office, 2321
West Royal Palm Road, Suite 103,
Phoenix, Arizona 85021–4951. The
petition, administrative finding,
supporting data, and comments will be
available for public inspection, by
appointment, during normal business
hours at the above address.
FOR FURTHER INFORMATION CONTACT:
Mima Falk, Plant Ecologist, at the
Tucson Sub-Office, 201 North Bonita
Ave, Suite 141, Tucson, Arizona, 85745,
or at 520–670–6150 x 225.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered
Species Act of 1973, as amended (16
U.S.C. 1531 et seq.) (Act), requires that
VerDate jul<14>2003
11:04 Feb 01, 2005
Jkt 205001
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 all
information available to us at the time
we make the finding. 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 90day 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 information was
presented, we are required to promptly
commence a review of the status of the
species, if one has not already been
initiated, under our internal candidate
assessment process.
In making this finding, we relied on
information provided by the petitioners
and evaluated that information in
accordance with 50 CFR 424.14(b). This
finding summarizes information
included in the petition and information
available to us at the time of the petition
review. Our process of coming to a 90day finding under section 4(b)(3)(A) of
the Act and section 424.14(b) of our
regulations 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.
Rather, as the Act and regulations
contemplate, in coming to a 90-day
finding, we accept the petitioner’s
sources and characterizations of the
information unless we have specific
information to the contrary.
Our finding considers whether the
petition states a reasonable case for
listing on its face. Thus, our finding
expresses no view as to the ultimate
issue of whether the species should be
listed. We reach a conclusion on that
issue only after a more thorough review
of the species’ status. In that review,
which will take approximately 9 more
months, we will perform a rigorous,
critical analysis of the best available
scientific and commercial information,
not just the information in the petition.
We will ensure that the data used to
make our determination as to the status
of the species is consistent with the Act
and Information Quality Act.
On January 7, 2002, we received a
petition dated January 2, 2002,
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
5401
requesting that we list the Gentry indigo
bush (Dalea tentaculoides) as an
endangered species, and that critical
habitat be designated concurrently with
the listing. The petition, submitted by
the Center for Biological Diversity
(Center), was clearly identified as a
petition for a listing rule, and contained
the names, signatures, and addresses of
the requesting parties. Included in the
petition was supporting information
regarding the species’ taxonomy and
ecology, historical and current
distribution, present status, and
potential causes of decline. We
acknowledged the receipt of the petition
in a letter to Mr. Noah Greenwald, dated
April 25, 2002. In that letter, we also
advised the petitioners that due to
funding constraints in fiscal year (FY)
2002, we would not be able to begin
processing the petition in a timely
manner.
On January 21, 2003, the Center sent
a Notice of Intent to sue for violating the
Act by failing to make a timely 90-day
finding on the petition to list the Gentry
indigo bush. On September 17, 2003,
the Center filed a complaint against the
Secretary of the Interior and FWS for
failure to make a 90-day petition finding
under section 4 of the Act for the Gentry
indigo bush. In a Stipulated Settlement
Agreement, signed June 14, 2004, we
agreed to submit a 90-day finding to the
Federal Register by January 31, 2005
[Center for Biological Diversity v.
Norton, CV 03–473–TUC–FRZ (D. Az)].
This notice constitutes our 90-day
finding for the petition to list the Gentry
indigo bush.
Biology and Distribution
Gentry indigo bush is an erect
perennial shrub that grows from a
woody root crown and can be up to 1
meter (m) (3.2 feet (ft)) tall. It is a
member of the Leguminosae (Pea)
Family. The leaves are compound, 3–6
centimeters (cm) (1.2–2.4 inches (in))
long with 9–17 pairs of leaflets. The
leaflets are hairless, notched at the tip,
and dotted with punctuate (translucent
pitted glands or colored dots) glands on
the lower surface. The flowers are
sessile (lacking a stalk), 6 millimeters
(mm) (0.24 in) in length, and are
presented in oblong clusters. The flower
petals are rose-purple. Plants flower in
the spring, from late March to mid-May.
They may produce a second set of
flowers in late summer and fall in
response to monsoon precipitation.
Howard S. Gentry originally described
the species in 1950. It is a distinctive
member of the genus Dalea with no
closely related species (Gentry 1950,
Barneby 1977). The main distinguishing
character that serves to separate this
E:\FR\FM\02FEP1.SGM
02FEP1
5402
Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Proposed Rules
species from other sympatric species is
the presence of elongate, brown
tentacle-like glands on the calyx (the
outer whorl of flowering parts) lobes,
floral bracts (the reduced or modified
leaf subtending a flower), and branches.
Gentry indigo bush has been known
historically from only three areas in
southern Arizona: the west and north
sides of the Baboquivari Mountains
(Tohono O’odham Nation), the Coyote
Mountains (Mendoza Canyon), and
Sycamore Canyon (Coronado National
Forest) in the Atascosa Mountains.
Today, the only known extant
population in the United States is in
Sycamore Canyon. The plant was
located in Mexico (NE of Huasabas in
the State of Sonora) in 1995, and in
2004, the species was reported from
Sierra El Humo, SSW of Sasabe,
Arizona, in northwestern Sonora,
Mexico (L. Hahn, pers. comm., 2004).
(The 2004 location information was not
included in the petition.) There was no
population information provided on the
Mexican locations.
It is likely that the species still
persists in the Baboquivari Mountains,
but there have been no recent surveys to
verify the presence of the species. These
sites are within the Tohono O’odham
Nation, and surveys could only be
conducted by Tribal members or with
permission from the Tribe. A status
report for Gentry indigo bush was
completed in 1992 (Gori et al.), and all
of the known historical locations
(except on the Tohono O’odham Nation)
were surveyed. Areas of suitable habitat
were also surveyed. No plants were
found in the Coyote Mountains, and the
authors surmised in the status report
that the population was extirpated,
possibly due to past grazing practices. In
the status report the authors stated,
‘‘Mendoza Canyon was heavily grazed
by cattle and dominated by Acacia
greggii (catclaw acacia) to an extent we
have rarely encountered in Southern
Arizona. Such heavy cover of invasive
shrubs is indicative of a long history of
overgrazing.’’ No plants were located in
any of the other areas surveyed,
including canyons in the following
mountain ranges in Sonora, Mexico:
Sierra Cibuta, La Colorada, Sierra el
Tigre, Sierra los Ajos, Sierra Azul,
Arroyo Las Fresnos, Sierra San Diego,
La Angostura, and Sierra San Luis (Gori
et al. 1992).
Gentry indigo bush grows in scattered
patches at elevations of 1,097 to 1,219
m (3,600 to 4,000 ft) in Sycamore
Canyon and several side channels.
Plants are usually found on floodplain
terraces in sandy or gravel soils, or, less
commonly, on talus slopes close to the
floodplain. The usual tree canopy for
VerDate jul<14>2003
11:04 Feb 01, 2005
Jkt 205001
Gentry indigo bush consists of Arizona
sycamore (Platanus wrightii), Arizona
ash (Fraxinus velutina), Arizona walnut
(Juglans major), and several oak species.
Plants can be found growing under
these trees or out in the open. Gentry
indigo bush grows in the semi-active
floodplain, meaning they are exposed to
periodic flooding and scouring events.
Observations made by Gori et al. (1992)
and Falk (1993) support the idea that
plants are adapted to periodic, lowintensity floods. Plants that had been
covered with sediment were found to be
growing up through the deposited
material. The plants reproduce
vegetatively (asexually) and roots almost
always connect young plants to nearby
larger clumps. To date, there has been
no documented sexual reproduction in
the field. In fact, plants rarely, if ever,
have been observed to produce seed
(Falk 1993, Gori et al 1992). Staff from
the Desert Botanical Garden collected
approximately 50 seeds from plants they
assumed to be Gentry indigo bush in
1998, but no germination tests have
been conducted (K. Rice, pers. comm.
2004).
This species has adaptations to
withstand periodic, low-intensity
flooding, but the population in
Sycamore Canyon has experienced
population fluctuations, some of those
associated with flood events. Following
severe winter flooding in 1993, a large
portion of a monitoring plot that had
been established on a floodplain terrace
washed away and the population
declined to 15–30 plants (Falk 1993).
Gori et al. (1992) estimated that there
were 1,400 ‘‘individuals’’ in Sycamore
Canyon before the heavy rains of 1993.
Previous Federal Actions
Gentry indigo bush was determined to
be a candidate species as published in
the 1980 Plant Notice of Review (45 FR
82480). A species with candidate status
is one for which we have collected and
assessed information sufficient to
propose listing the species. The removal
of candidate status for Gentry indigo
bush was published on April 2, 1998 (63
FR 16217). The reasons supporting
removal from the candidate list were (1)
the taxon was more abundant or
widespread than previously believed or
not subject to any identifiable threats;
and (2) the FWS had insufficient
information on biological vulnerability
and threats to support issuance of a
proposed rule to list. However, as
described below, subsequent
information from the U.S. Forest Service
describes a significant decline in the
only known U.S. population.
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
Status Concerns
Gentry indigo bush has always been
considered rare. Gori et al. (1992) refer
to the species as ‘‘extremely rare.’’ The
loss of the population documented from
Mendoza Canyon in the Coyote
Mountains increased concerns regarding
this rare taxon. Gentry indigo bush was
once collected on the west slope of the
Baboquivari Mountains. Toolin (1982)
was unable to locate the species in 1981
and observed that the habitat had been
‘‘exceedingly modified’’ by overgrazing.
This observation lends some uncertainty
to the status of the populations on the
Tohono O’odham Nation as the grazing
regime is unknown in this area. Given
these circumstances, attention on this
species in the United States has been
focused on the remaining population in
Sycamore Canyon. As stated earlier,
numbers of that population fluctuated
dramatically between 1992 and 1993;
numbers dropped from 1,400 to between
15–30 plants. Additional survey work in
Mexico has documented at least two
locations of Gentry indigo bush from
Mexico, but we have no information on
the size of those populations. Also, we
have no information related to the
threats to these populations and are
unaware of any protection for these
sites.
A status report (Toolin 1982)
documented only 100 plants from
Sycamore Canyon. The Sycamore
Canyon population was assessed in
1997 (Bertelsen), and 499 individuals
were located. A survey by Brooks (1999)
found 194 plants in Sycamore and
Penasco Canyons (a tributary to
Sycamore). Since that time, there has
been no systematic survey of Sycamore
Canyon to determine the status of this
population. A Forest Service biologist
reported seeing some patches of Gentry
indigo bush while surveying for Sonora
chub in the canyon (2000, 2001).
An internal memorandum to our files
(Roller 1998) concluded ‘‘the species
capacity to recover does not negate the
threat of extirpation to this extremely
localized endemic, as it relates to
extreme flood events within the
watershed.’’ We also expressed concern
with the observed lack of seed
production as this leaves the species
without an effective seed bank that
would be needed in order to recover
from a catastrophic flood event.
Conservation Status
Under section 4(a) of the Act, we may
list a species on the basis of any of five
factors, as follows: ‘‘(A) the present or
threatened destruction, modification, or
curtailment of its habitat or range; (B)
overutilization for commercial,
E:\FR\FM\02FEP1.SGM
02FEP1
Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Proposed Rules
recreational, scientific, or educational
purposes; (C) disease or predation; (D)
the inadequacy of existing regulatory
mechanisms; (E) other natural or
manmade factors affecting its continued
existence.’’ The petitioners contend that
four of the five factors (A, C, D, and E)
are applicable to the Gentry indigo bush
(see below). A brief discussion of how
each of the five listing factors applies to
the Gentry indigo bush follows:
Factor A: The present or threatened
destruction, modification, or
curtailment of its habitat or range.
With respect to Factor A, the
petitioners cite the loss of plants and
alteration of habitat associated with
livestock grazing as threats to the Gentry
indigo bush. The petitioners note that
Gentry indigo plants are palatable to
livestock, subject to trampling, and that
livestock grazing may alter the stream
dynamics associated with Gentry indigo
bush habitat. The alteration of stream
habitat includes soil compaction,
streambank erosion, and removal of
riparian vegetation. Although the Gentry
indigo bush may benefit from some
disturbance due to its ability to
reproduce asexually, increased surface
runoff, higher intensity floods, stream
downcutting, and increased scouring
and deposition could contribute to the
elimination of populations.
Information currently available
indicates that the loss of plants and
habitat to these causes may be a
significant threat to the status of this
species. Toolin (1982) states, ‘‘Habitat of
this species in canyons on the west
slope of the Baboquivari Mountains
where this species formerly occurred
has been exceedingly modified by overgrazing by livestock, and that
population has apparently been
extirpated.’’ Gori et al. (1992)
concluded, ‘‘Our surveys of Sycamore
and Mendoza Canyons lead us to
believe that grazing constitutes a threat
to D. tentaculoides. We observed direct
evidence of livestock browsing on, and
even uprooting, the species in lower
Sycamore Canyon where trespass cows
from Mexico enter the canyon up to an
impassable narrows.’’
Sycamore Canyon is within the
boundaries of the Coronado National
Forest, Nogales Ranger District. It is also
within a designated Research Natural
Area (Goodding RNA). Livestock grazing
is not permitted within the boundaries
of the RNA, but trespass cattle use has
been a sporadic problem (U.S.
Department of Agriculture 1998). Cattle
have been observed in the upper reaches
of the canyon (Falk pers. observation,
Brooks 1999), and Brooks noted heavy
cattle use below ‘‘the narrows,’’ most
likely attributable to trespass livestock
VerDate jul<14>2003
11:04 Feb 01, 2005
Jkt 205001
from Mexico. In 1997, the Forest Service
proposed a set of actions in Sycamore
Canyon to protect the federally
threatened Sonora chub (Gila ditaenia).
One of those actions included building
a fence at the northern portion of the
canyon to restrict livestock access to the
riparian areas. If this fence is
maintained, it could help alleviate
problems with cattle in the upper
reaches of Sycamore Canyon. However,
trespass cattle from Mexico are another
problem. Sycamore Canyon extends
south into Mexico. Historically, the
border fence has been in a state of
continual disrepair. In the fall of 1998,
2.4 kilometers (km) (1.5 miles (mi)) of
fence along the border was repaired. We
do not know the current condition of
this fence. Recent increases in
undocumented U.S. and Mexico border
crossing activity contribute to the fence
being continually cut.
Watershed degradation maybe a
concern in this canyon. The Bear Valley
allotment surrounds Sycamore Canyon.
It is 9,197.5 hectares (ha) (22,710 acres
(ac)) in size. Site-specific soil surveys
(2002) indicated that 75 percent of the
allotment is in satisfactory condition, 16
percent impaired, 8 percent
unsatisfactory and 1 percent is
unsuitable condition. A Forest Service
hydrologist (Lefevre 2000) concluded,
‘‘Mankind’s influence on Sycamore
Canyon is mostly related to downcutting
of the channel system, sediment
movement, and sediment yield to the
stream. Human settlement and cattle
grazing, and the roads associated with
these activities, has resulted in erosion
rates above that which would be
expected under unroaded, unmined and
ungrazed conditions. The effects of this
additional sediment may be seen in the
reaches of the channel where deposits of
gravel have filled pools. Downcut
channel reaches may also be attributed
to mankind’s effects on the uplands
because peak flows were artificially
increased during the past century.’’
The movement of water and sediment
in Sycamore Canyon may have affected
˜
the plants. After the 1993 El Nino
winter rains, most of the monitoring
plot had been washed away and the
plant population had experienced a
dramatic decline, with more than 90
percent of the known individuals
washed away or covered with sediment.
Recovery has been slow; at last count
there were only 194 plants in Sycamore
Canyon (Brooks 1999). That is only 14
percent of the 1,400 plants documented
in 1992. The watershed conditions in
the Sycamore Canyon drainage may
have contributed to the current status of
Gentry indigo bush.
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
5403
Factor B: Overutilization for
commercial, recreational, scientific, or
educational purposes.
With respect to Factor B, the
petitioners did not provide information.
We also have no information on the
overutilization of this plant species for
commercial, recreational, educational,
or scientific purposes.
Factor C: Disease or predation.
With respect to Factor C, the
petitioners again referred to the plant’s
palatability, both to livestock and
rabbits. They provided one observation
of a plant being almost totally eaten by
a rabbit (Brooks 1999). We acknowledge
that rabbits may eat plants, but do not
think this constitutes a major threat to
the species because of the size of mature
plants. We have already discussed the
effects of livestock grazing on Gentry
indigo bush under Factor A.
Factor D: The inadequacy of existing
regulatory mechanisms.
With respect to Factor D, the
petitioners cite the inadequacies of the
protections put forth by the Forest
Service for the Goodding RNA and
Sycamore Canyon. The Forest Service
has stated that Gentry indigo bush is
afforded a high level of protection
because it shares its habitat with critical
habitat of the federally listed Sonora
chub. The Forest Service has done much
work to improve the habitat of Sonora
chub, including removal of a road at the
mouth of Sycamore Canyon, protection
of riparian areas at the northern end of
Sycamore Canyon, and the expansion of
the Goodding RNA. These actions have
contributed to improvement of Sonora
chub habitat and perhaps to Gentry
indigo bush habitat.
There are several other possible
management concerns in the canyon.
The cutting of the border fence with
Mexico continues to be an issue. Until
this is resolved, cattle from Mexico will
continue to enter Sycamore Canyon and
graze on Gentry indigo bush.
Undocumented migrants crossing the
border into the United States also use
this area. Human traffic associated with
this activity in the canyon bottom may
directly trample plants and is likely
contributing to Gentry indigo bush
habitat degradation.
The amount of sediment and surface
runoff within the Sycamore Canyon
watershed may continue to affect Gentry
indigo bush. The plants have
adaptations for persisting with flood
events, but it is unknown when the
threshold will be crossed, in terms of
the magnitude of flows, that will likely
remove the population from the canyon.
Recovery may be hampered by the
seemingly low reproductive potential of
this plant. The Forest Service maintains
E:\FR\FM\02FEP1.SGM
02FEP1
5404
Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Proposed Rules
a road density of 0.58 km/km2 (0.93
mile/mi2) within the watershed and
considers these roads to be ‘‘a primary
source of erosion and sediment’’
(Lefevre 2000). The Forest Service has
no plans to address the effects of roads
in Sycamore Canyon watershed; thus
there will continue to be sediment
deposition and scouring in and along
the stream channel.
Sycamore Canyon is a very popular
place for recreation. The petitioners cite
trampling and compaction of soils from
foot traffic as negatively affecting the
Gentry indigo bush in Sycamore
Canyon. Gentry indigo bush plants grow
on the floodplain terraces where hikers
often create trails to avoid walking in
the stream (Falk, pers. observation). Due
to its narrow width, there are limited
terraces in the canyon intensifying the
use of Gentry indigo bush habitat as
places to create trails. These activities
degrade habitat and may reduce the
areas occupied by Gentry indigo bush.
We know of no plan to address the
effects of recreation in this area.
The Forest Service has not
systematically monitored the species on
its land. While lack of monitoring is not
a direct threat to the species, it does
prevent us from adequately assessing
the current status of the population.
New information would greatly enhance
our status review.
Two locations have been noted in
Mexico. We have no information on
population status or threats at these
sites. We are not aware of any protection
for these areas. As such, until further
information is provided, we do not
know how the Mexican populations will
contribute to the status of this species.
Factor E: Other natural or manmade
factors affecting its continued existence.
With respect to Factor E, the
petitioners cite the rarity of the species
and the possible extinction risk
associated with stochastic events such
as drought, flood, and wildfire. This
species would most likely be negatively
affected by environmental stochasticity
(variations over time in the population’s
operational environment) and natural
catastrophes (Menges 1991). We agree,
based both on information presented by
the petitioner and other information in
our files. The most likely scenario is
that of catastrophic flooding. Increased
rainfall combined with an altered
hydrograph in Sycamore Canyon may
result in the species being washed out.
Long-term drought (as the one we are
currently in) may affect the species’
ability to recover. The combination of
small population size, reduced
reproductive potential, and isolation
makes this species vulnerable to
extinction.
VerDate jul<14>2003
11:04 Feb 01, 2005
Jkt 205001
Finding
On the basis of our review, we find
that the petition presents substantial
information indicating that listing the
Gentry indigo bush may be warranted.
The main potential threat to the species
appears to be loss of plants and habitat
associated with heavy livestock use, an
altered hydrograph in Sycamore
Canyon, sediment loads in the
Sycamore Canyon watershed, and the
effects of recreation and other human
uses of the drainage. There is also a
possible increased risk of extinction
associated with small, isolated
populations from stochastic events.
We have reviewed the available
information to determine if the existing
and foreseeable threats pose an
emergency. We have determined that an
emergency listing is not warranted at
this time, because the population has
recovered in some degree, the
population is within a RNA with some
protections, and the potential exists for
additional populations in Mexico.
However, if at any time we determine
that emergency listing of the Gentry
indigo bush is warranted, we will seek
to initiate an emergency listing.
The petitioners also requested that
critical habitat be designated for this
species. We always consider the need
for critical habitat designation when
listing species. If we determine in our
12-month finding that listing the Gentry
indigo bush is warranted, we will
address the designation of critical
habitat in the subsequent proposed rule.
Public Information Solicited
When we make a finding that
substantial information is presented to
indicate that listing a species may be
warranted, we are required to promptly
commence a review of the status of the
species. To ensure that the status review
is complete and based on the best
available scientific and commercial
information, we are soliciting
information on the Gentry indigo bush.
We request any additional information,
comments, and suggestions from the
public, other concerned governmental
agencies, Native American Tribes, the
scientific community, industry, or any
other interested parties concerning the
status of the Gentry indigo bush. We are
seeking information regarding the
species’ historical and current status
and distribution, its biology and
ecology, ongoing conservation measures
for the species and its habitat, and
threats to the species and its habitat,
especially where it occurs in Mexico.
If you wish to comment or provide
information, you may submit your
comments and materials concerning this
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
finding to the Field Supervisor (see
section).
Our practice is to make comments and
materials provided, including names
and home addresses of respondents,
available for public review during
regular business hours. Respondents
may request that we withhold a
respondent’s identity, to the extent
allowable by law. If you wish us to
withhold your name or address, you
must state this request prominently at
the beginning of your submission.
However, we will not consider
anonymous comments. To the extent
consistent with applicable law, we will
make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
Comments and materials received will
be available for public inspection, by
appointment, during normal business
hours at the above address.
ADDRESSES
References Cited
A complete list of all references cited
herein is available upon request from
the Field Supervisor (see ADDRESSES
section).
Author
The primary author of this document
is Mima Falk, Tucson Sub-Office (see
ADDRESSES section).
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: January 25, 2005.
Marshall Jones,
Acting Director, Fish and Wildlife Service.
[FR Doc. 05–1905 Filed 2–1–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AU12
Endangered and Threatened Wildlife
and Plants; 12-Month Finding on a
Petition To Delist the Preble’s Meadow
Jumping Mouse (Zapus hudsonius
preblei) and Proposed Delisting of the
Preble’s Meadow Jumping Mouse
Fish and Wildlife Service,
Interior.
ACTION: Notice of 12-month petition
finding and proposed rule.
AGENCY:
E:\FR\FM\02FEP1.SGM
02FEP1
Agencies
[Federal Register Volume 70, Number 21 (Wednesday, February 2, 2005)]
[Proposed Rules]
[Pages 5401-5404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1905]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To List the Gentry Indigo Bush as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding and initiation of status
review.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (FWS), announce a 90-
day administrative finding on a petition to list the Gentry indigo bush
(Dalea tentaculoides) under the Endangered Species Act of 1973, as
amended (Act). We find that the petition presents substantial
information indicating that listing the Gentry indigo bush may be
warranted. Therefore, we are initiating a status review to determine if
listing the species is warranted. To ensure that the review is
comprehensive, we are soliciting information and data regarding this
species.
DATES: The administrative finding announced in this document was made
on January 25, 2005. To be considered in the 12-month finding for this
petition, comments and information should be submitted to us by April
4, 2005.
ADDRESSES: Data, information, comments, or questions concerning this
petition and our finding should be submitted to the Field Supervisor,
Arizona Ecological Services Office, 2321 West Royal Palm Road, Suite
103, Phoenix, Arizona 85021-4951. The petition, administrative finding,
supporting data, and comments will be available for public inspection,
by appointment, during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Mima Falk, Plant Ecologist, at the
Tucson Sub-Office, 201 North Bonita Ave, Suite 141, Tucson, Arizona,
85745, or at 520-670-6150 x 225.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.) (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 all
information available to us at the time we make the finding. 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 information was presented, we
are required to promptly commence a review of the status of the
species, if one has not already been initiated, under our internal
candidate assessment process.
In making this finding, we relied on information provided by the
petitioners and evaluated that information in accordance with 50 CFR
424.14(b). This finding summarizes information included in the petition
and information available to us at the time of the petition review. Our
process of coming to a 90-day finding under section 4(b)(3)(A) of the
Act and section 424.14(b) of our regulations 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. Rather, as the Act
and regulations contemplate, in coming to a 90-day finding, we accept
the petitioner's sources and characterizations of the information
unless we have specific information to the contrary.
Our finding considers whether the petition states a reasonable case
for listing on its face. Thus, our finding expresses no view as to the
ultimate issue of whether the species should be listed. We reach a
conclusion on that issue only after a more thorough review of the
species' status. In that review, which will take approximately 9 more
months, we will perform a rigorous, critical analysis of the best
available scientific and commercial information, not just the
information in the petition. We will ensure that the data used to make
our determination as to the status of the species is consistent with
the Act and Information Quality Act.
On January 7, 2002, we received a petition dated January 2, 2002,
requesting that we list the Gentry indigo bush (Dalea tentaculoides) as
an endangered species, and that critical habitat be designated
concurrently with the listing. The petition, submitted by the Center
for Biological Diversity (Center), was clearly identified as a petition
for a listing rule, and contained the names, signatures, and addresses
of the requesting parties. Included in the petition was supporting
information regarding the species' taxonomy and ecology, historical and
current distribution, present status, and potential causes of decline.
We acknowledged the receipt of the petition in a letter to Mr. Noah
Greenwald, dated April 25, 2002. In that letter, we also advised the
petitioners that due to funding constraints in fiscal year (FY) 2002,
we would not be able to begin processing the petition in a timely
manner.
On January 21, 2003, the Center sent a Notice of Intent to sue for
violating the Act by failing to make a timely 90-day finding on the
petition to list the Gentry indigo bush. On September 17, 2003, the
Center filed a complaint against the Secretary of the Interior and FWS
for failure to make a 90-day petition finding under section 4 of the
Act for the Gentry indigo bush. In a Stipulated Settlement Agreement,
signed June 14, 2004, we agreed to submit a 90-day finding to the
Federal Register by January 31, 2005 [Center for Biological Diversity
v. Norton, CV 03-473-TUC-FRZ (D. Az)]. This notice constitutes our 90-
day finding for the petition to list the Gentry indigo bush.
Biology and Distribution
Gentry indigo bush is an erect perennial shrub that grows from a
woody root crown and can be up to 1 meter (m) (3.2 feet (ft)) tall. It
is a member of the Leguminosae (Pea) Family. The leaves are compound,
3-6 centimeters (cm) (1.2-2.4 inches (in)) long with 9-17 pairs of
leaflets. The leaflets are hairless, notched at the tip, and dotted
with punctuate (translucent pitted glands or colored dots) glands on
the lower surface. The flowers are sessile (lacking a stalk), 6
millimeters (mm) (0.24 in) in length, and are presented in oblong
clusters. The flower petals are rose-purple. Plants flower in the
spring, from late March to mid-May. They may produce a second set of
flowers in late summer and fall in response to monsoon precipitation.
Howard S. Gentry originally described the species in 1950. It is a
distinctive member of the genus Dalea with no closely related species
(Gentry 1950, Barneby 1977). The main distinguishing character that
serves to separate this
[[Page 5402]]
species from other sympatric species is the presence of elongate, brown
tentacle-like glands on the calyx (the outer whorl of flowering parts)
lobes, floral bracts (the reduced or modified leaf subtending a
flower), and branches.
Gentry indigo bush has been known historically from only three
areas in southern Arizona: the west and north sides of the Baboquivari
Mountains (Tohono O'odham Nation), the Coyote Mountains (Mendoza
Canyon), and Sycamore Canyon (Coronado National Forest) in the Atascosa
Mountains. Today, the only known extant population in the United States
is in Sycamore Canyon. The plant was located in Mexico (NE of Huasabas
in the State of Sonora) in 1995, and in 2004, the species was reported
from Sierra El Humo, SSW of Sasabe, Arizona, in northwestern Sonora,
Mexico (L. Hahn, pers. comm., 2004). (The 2004 location information was
not included in the petition.) There was no population information
provided on the Mexican locations.
It is likely that the species still persists in the Baboquivari
Mountains, but there have been no recent surveys to verify the presence
of the species. These sites are within the Tohono O'odham Nation, and
surveys could only be conducted by Tribal members or with permission
from the Tribe. A status report for Gentry indigo bush was completed in
1992 (Gori et al.), and all of the known historical locations (except
on the Tohono O'odham Nation) were surveyed. Areas of suitable habitat
were also surveyed. No plants were found in the Coyote Mountains, and
the authors surmised in the status report that the population was
extirpated, possibly due to past grazing practices. In the status
report the authors stated, ``Mendoza Canyon was heavily grazed by
cattle and dominated by Acacia greggii (catclaw acacia) to an extent we
have rarely encountered in Southern Arizona. Such heavy cover of
invasive shrubs is indicative of a long history of overgrazing.'' No
plants were located in any of the other areas surveyed, including
canyons in the following mountain ranges in Sonora, Mexico: Sierra
Cibuta, La Colorada, Sierra el Tigre, Sierra los Ajos, Sierra Azul,
Arroyo Las Fresnos, Sierra San Diego, La Angostura, and Sierra San Luis
(Gori et al. 1992).
Gentry indigo bush grows in scattered patches at elevations of
1,097 to 1,219 m (3,600 to 4,000 ft) in Sycamore Canyon and several
side channels. Plants are usually found on floodplain terraces in sandy
or gravel soils, or, less commonly, on talus slopes close to the
floodplain. The usual tree canopy for Gentry indigo bush consists of
Arizona sycamore (Platanus wrightii), Arizona ash (Fraxinus velutina),
Arizona walnut (Juglans major), and several oak species. Plants can be
found growing under these trees or out in the open. Gentry indigo bush
grows in the semi-active floodplain, meaning they are exposed to
periodic flooding and scouring events. Observations made by Gori et al.
(1992) and Falk (1993) support the idea that plants are adapted to
periodic, low-intensity floods. Plants that had been covered with
sediment were found to be growing up through the deposited material.
The plants reproduce vegetatively (asexually) and roots almost always
connect young plants to nearby larger clumps. To date, there has been
no documented sexual reproduction in the field. In fact, plants rarely,
if ever, have been observed to produce seed (Falk 1993, Gori et al
1992). Staff from the Desert Botanical Garden collected approximately
50 seeds from plants they assumed to be Gentry indigo bush in 1998, but
no germination tests have been conducted (K. Rice, pers. comm. 2004).
This species has adaptations to withstand periodic, low-intensity
flooding, but the population in Sycamore Canyon has experienced
population fluctuations, some of those associated with flood events.
Following severe winter flooding in 1993, a large portion of a
monitoring plot that had been established on a floodplain terrace
washed away and the population declined to 15-30 plants (Falk 1993).
Gori et al. (1992) estimated that there were 1,400 ``individuals'' in
Sycamore Canyon before the heavy rains of 1993.
Previous Federal Actions
Gentry indigo bush was determined to be a candidate species as
published in the 1980 Plant Notice of Review (45 FR 82480). A species
with candidate status is one for which we have collected and assessed
information sufficient to propose listing the species. The removal of
candidate status for Gentry indigo bush was published on April 2, 1998
(63 FR 16217). The reasons supporting removal from the candidate list
were (1) the taxon was more abundant or widespread than previously
believed or not subject to any identifiable threats; and (2) the FWS
had insufficient information on biological vulnerability and threats to
support issuance of a proposed rule to list. However, as described
below, subsequent information from the U.S. Forest Service describes a
significant decline in the only known U.S. population.
Status Concerns
Gentry indigo bush has always been considered rare. Gori et al.
(1992) refer to the species as ``extremely rare.'' The loss of the
population documented from Mendoza Canyon in the Coyote Mountains
increased concerns regarding this rare taxon. Gentry indigo bush was
once collected on the west slope of the Baboquivari Mountains. Toolin
(1982) was unable to locate the species in 1981 and observed that the
habitat had been ``exceedingly modified'' by overgrazing. This
observation lends some uncertainty to the status of the populations on
the Tohono O'odham Nation as the grazing regime is unknown in this
area. Given these circumstances, attention on this species in the
United States has been focused on the remaining population in Sycamore
Canyon. As stated earlier, numbers of that population fluctuated
dramatically between 1992 and 1993; numbers dropped from 1,400 to
between 15-30 plants. Additional survey work in Mexico has documented
at least two locations of Gentry indigo bush from Mexico, but we have
no information on the size of those populations. Also, we have no
information related to the threats to these populations and are unaware
of any protection for these sites.
A status report (Toolin 1982) documented only 100 plants from
Sycamore Canyon. The Sycamore Canyon population was assessed in 1997
(Bertelsen), and 499 individuals were located. A survey by Brooks
(1999) found 194 plants in Sycamore and Penasco Canyons (a tributary to
Sycamore). Since that time, there has been no systematic survey of
Sycamore Canyon to determine the status of this population. A Forest
Service biologist reported seeing some patches of Gentry indigo bush
while surveying for Sonora chub in the canyon (2000, 2001).
An internal memorandum to our files (Roller 1998) concluded ``the
species capacity to recover does not negate the threat of extirpation
to this extremely localized endemic, as it relates to extreme flood
events within the watershed.'' We also expressed concern with the
observed lack of seed production as this leaves the species without an
effective seed bank that would be needed in order to recover from a
catastrophic flood event.
Conservation Status
Under section 4(a) of the Act, we may list a species on the basis
of any of five factors, as follows: ``(A) the present or threatened
destruction, modification, or curtailment of its habitat or range; (B)
overutilization for commercial,
[[Page 5403]]
recreational, scientific, or educational purposes; (C) disease or
predation; (D) the inadequacy of existing regulatory mechanisms; (E)
other natural or manmade factors affecting its continued existence.''
The petitioners contend that four of the five factors (A, C, D, and E)
are applicable to the Gentry indigo bush (see below). A brief
discussion of how each of the five listing factors applies to the
Gentry indigo bush follows:
Factor A: The present or threatened destruction, modification, or
curtailment of its habitat or range.
With respect to Factor A, the petitioners cite the loss of plants
and alteration of habitat associated with livestock grazing as threats
to the Gentry indigo bush. The petitioners note that Gentry indigo
plants are palatable to livestock, subject to trampling, and that
livestock grazing may alter the stream dynamics associated with Gentry
indigo bush habitat. The alteration of stream habitat includes soil
compaction, streambank erosion, and removal of riparian vegetation.
Although the Gentry indigo bush may benefit from some disturbance due
to its ability to reproduce asexually, increased surface runoff, higher
intensity floods, stream downcutting, and increased scouring and
deposition could contribute to the elimination of populations.
Information currently available indicates that the loss of plants
and habitat to these causes may be a significant threat to the status
of this species. Toolin (1982) states, ``Habitat of this species in
canyons on the west slope of the Baboquivari Mountains where this
species formerly occurred has been exceedingly modified by over-grazing
by livestock, and that population has apparently been extirpated.''
Gori et al. (1992) concluded, ``Our surveys of Sycamore and Mendoza
Canyons lead us to believe that grazing constitutes a threat to D.
tentaculoides. We observed direct evidence of livestock browsing on,
and even uprooting, the species in lower Sycamore Canyon where trespass
cows from Mexico enter the canyon up to an impassable narrows.''
Sycamore Canyon is within the boundaries of the Coronado National
Forest, Nogales Ranger District. It is also within a designated
Research Natural Area (Goodding RNA). Livestock grazing is not
permitted within the boundaries of the RNA, but trespass cattle use has
been a sporadic problem (U.S. Department of Agriculture 1998). Cattle
have been observed in the upper reaches of the canyon (Falk pers.
observation, Brooks 1999), and Brooks noted heavy cattle use below
``the narrows,'' most likely attributable to trespass livestock from
Mexico. In 1997, the Forest Service proposed a set of actions in
Sycamore Canyon to protect the federally threatened Sonora chub (Gila
ditaenia). One of those actions included building a fence at the
northern portion of the canyon to restrict livestock access to the
riparian areas. If this fence is maintained, it could help alleviate
problems with cattle in the upper reaches of Sycamore Canyon. However,
trespass cattle from Mexico are another problem. Sycamore Canyon
extends south into Mexico. Historically, the border fence has been in a
state of continual disrepair. In the fall of 1998, 2.4 kilometers (km)
(1.5 miles (mi)) of fence along the border was repaired. We do not know
the current condition of this fence. Recent increases in undocumented
U.S. and Mexico border crossing activity contribute to the fence being
continually cut.
Watershed degradation maybe a concern in this canyon. The Bear
Valley allotment surrounds Sycamore Canyon. It is 9,197.5 hectares (ha)
(22,710 acres (ac)) in size. Site-specific soil surveys (2002)
indicated that 75 percent of the allotment is in satisfactory
condition, 16 percent impaired, 8 percent unsatisfactory and 1 percent
is unsuitable condition. A Forest Service hydrologist (Lefevre 2000)
concluded, ``Mankind's influence on Sycamore Canyon is mostly related
to downcutting of the channel system, sediment movement, and sediment
yield to the stream. Human settlement and cattle grazing, and the roads
associated with these activities, has resulted in erosion rates above
that which would be expected under unroaded, unmined and ungrazed
conditions. The effects of this additional sediment may be seen in the
reaches of the channel where deposits of gravel have filled pools.
Downcut channel reaches may also be attributed to mankind's effects on
the uplands because peak flows were artificially increased during the
past century.''
The movement of water and sediment in Sycamore Canyon may have
affected the plants. After the 1993 El Ni[ntilde]o winter rains, most
of the monitoring plot had been washed away and the plant population
had experienced a dramatic decline, with more than 90 percent of the
known individuals washed away or covered with sediment. Recovery has
been slow; at last count there were only 194 plants in Sycamore Canyon
(Brooks 1999). That is only 14 percent of the 1,400 plants documented
in 1992. The watershed conditions in the Sycamore Canyon drainage may
have contributed to the current status of Gentry indigo bush.
Factor B: Overutilization for commercial, recreational, scientific,
or educational purposes.
With respect to Factor B, the petitioners did not provide
information. We also have no information on the overutilization of this
plant species for commercial, recreational, educational, or scientific
purposes.
Factor C: Disease or predation.
With respect to Factor C, the petitioners again referred to the
plant's palatability, both to livestock and rabbits. They provided one
observation of a plant being almost totally eaten by a rabbit (Brooks
1999). We acknowledge that rabbits may eat plants, but do not think
this constitutes a major threat to the species because of the size of
mature plants. We have already discussed the effects of livestock
grazing on Gentry indigo bush under Factor A.
Factor D: The inadequacy of existing regulatory mechanisms.
With respect to Factor D, the petitioners cite the inadequacies of
the protections put forth by the Forest Service for the Goodding RNA
and Sycamore Canyon. The Forest Service has stated that Gentry indigo
bush is afforded a high level of protection because it shares its
habitat with critical habitat of the federally listed Sonora chub. The
Forest Service has done much work to improve the habitat of Sonora
chub, including removal of a road at the mouth of Sycamore Canyon,
protection of riparian areas at the northern end of Sycamore Canyon,
and the expansion of the Goodding RNA. These actions have contributed
to improvement of Sonora chub habitat and perhaps to Gentry indigo bush
habitat.
There are several other possible management concerns in the canyon.
The cutting of the border fence with Mexico continues to be an issue.
Until this is resolved, cattle from Mexico will continue to enter
Sycamore Canyon and graze on Gentry indigo bush. Undocumented migrants
crossing the border into the United States also use this area. Human
traffic associated with this activity in the canyon bottom may directly
trample plants and is likely contributing to Gentry indigo bush habitat
degradation.
The amount of sediment and surface runoff within the Sycamore
Canyon watershed may continue to affect Gentry indigo bush. The plants
have adaptations for persisting with flood events, but it is unknown
when the threshold will be crossed, in terms of the magnitude of flows,
that will likely remove the population from the canyon. Recovery may be
hampered by the seemingly low reproductive potential of this plant. The
Forest Service maintains
[[Page 5404]]
a road density of 0.58 km/km2 (0.93 mile/mi2)
within the watershed and considers these roads to be ``a primary source
of erosion and sediment'' (Lefevre 2000). The Forest Service has no
plans to address the effects of roads in Sycamore Canyon watershed;
thus there will continue to be sediment deposition and scouring in and
along the stream channel.
Sycamore Canyon is a very popular place for recreation. The
petitioners cite trampling and compaction of soils from foot traffic as
negatively affecting the Gentry indigo bush in Sycamore Canyon. Gentry
indigo bush plants grow on the floodplain terraces where hikers often
create trails to avoid walking in the stream (Falk, pers. observation).
Due to its narrow width, there are limited terraces in the canyon
intensifying the use of Gentry indigo bush habitat as places to create
trails. These activities degrade habitat and may reduce the areas
occupied by Gentry indigo bush. We know of no plan to address the
effects of recreation in this area.
The Forest Service has not systematically monitored the species on
its land. While lack of monitoring is not a direct threat to the
species, it does prevent us from adequately assessing the current
status of the population. New information would greatly enhance our
status review.
Two locations have been noted in Mexico. We have no information on
population status or threats at these sites. We are not aware of any
protection for these areas. As such, until further information is
provided, we do not know how the Mexican populations will contribute to
the status of this species.
Factor E: Other natural or manmade factors affecting its continued
existence.
With respect to Factor E, the petitioners cite the rarity of the
species and the possible extinction risk associated with stochastic
events such as drought, flood, and wildfire. This species would most
likely be negatively affected by environmental stochasticity
(variations over time in the population's operational environment) and
natural catastrophes (Menges 1991). We agree, based both on information
presented by the petitioner and other information in our files. The
most likely scenario is that of catastrophic flooding. Increased
rainfall combined with an altered hydrograph in Sycamore Canyon may
result in the species being washed out. Long-term drought (as the one
we are currently in) may affect the species' ability to recover. The
combination of small population size, reduced reproductive potential,
and isolation makes this species vulnerable to extinction.
Finding
On the basis of our review, we find that the petition presents
substantial information indicating that listing the Gentry indigo bush
may be warranted. The main potential threat to the species appears to
be loss of plants and habitat associated with heavy livestock use, an
altered hydrograph in Sycamore Canyon, sediment loads in the Sycamore
Canyon watershed, and the effects of recreation and other human uses of
the drainage. There is also a possible increased risk of extinction
associated with small, isolated populations from stochastic events.
We have reviewed the available information to determine if the
existing and foreseeable threats pose an emergency. We have determined
that an emergency listing is not warranted at this time, because the
population has recovered in some degree, the population is within a RNA
with some protections, and the potential exists for additional
populations in Mexico. However, if at any time we determine that
emergency listing of the Gentry indigo bush is warranted, we will seek
to initiate an emergency listing.
The petitioners also requested that critical habitat be designated
for this species. We always consider the need for critical habitat
designation when listing species. If we determine in our 12-month
finding that listing the Gentry indigo bush is warranted, we will
address the designation of critical habitat in the subsequent proposed
rule.
Public Information Solicited
When we make a finding that substantial information is presented to
indicate that listing a species may be warranted, we are required to
promptly commence a review of the status of the species. To ensure that
the status review is complete and based on the best available
scientific and commercial information, we are soliciting information on
the Gentry indigo bush. We request any additional information,
comments, and suggestions from the public, other concerned governmental
agencies, Native American Tribes, the scientific community, industry,
or any other interested parties concerning the status of the Gentry
indigo bush. We are seeking information regarding the species'
historical and current status and distribution, its biology and
ecology, ongoing conservation measures for the species and its habitat,
and threats to the species and its habitat, especially where it occurs
in Mexico.
If you wish to comment or provide information, you may submit your
comments and materials concerning this finding to the Field Supervisor
(see ADDRESSES section).
Our practice is to make comments and materials provided, including
names and home addresses of respondents, available for public review
during regular business hours. Respondents may request that we withhold
a respondent's identity, to the extent allowable by law. If you wish us
to withhold your name or address, you must state this request
prominently at the beginning of your submission. However, we will not
consider anonymous comments. To the extent consistent with applicable
law, we will make all submissions from organizations or businesses, and
from individuals identifying themselves as representatives or officials
of organizations or businesses, available for public inspection in
their entirety. Comments and materials received will be available for
public inspection, by appointment, during normal business hours at the
above address.
References Cited
A complete list of all references cited herein is available upon
request from the Field Supervisor (see ADDRESSES section).
Author
The primary author of this document is Mima Falk, Tucson Sub-Office
(see ADDRESSES section).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: January 25, 2005.
Marshall Jones,
Acting Director, Fish and Wildlife Service.
[FR Doc. 05-1905 Filed 2-1-05; 8:45 am]
BILLING CODE 4310-55-P