Endangered and Threatened Wildlife and Plants; Review of Native Species That Are Candidates or Proposed for Listing as Endangered or Threatened; Annual Notice of Findings on Resubmitted Petitions; Annual Description of Progress on Listing Actions, 53756-53835 [06-7375]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 71, Number 176 (Tuesday, September 12, 2006)]
[Proposed Rules]
[Pages 53756-53835]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7375]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants--Proposed Critical 
Habitat Designations; Proposed Rule

Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of review.

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SUMMARY: In this Candidate Notice of Review (CNOR), we, the U.S. Fish 
and Wildlife Service (Service), present an updated list of plant and 
animal species native to the United States that we regard as candidates 
or have proposed for addition to the Lists of Endangered and Threatened 
Wildlife and Plants under the Endangered Species Act of 1973, as 
amended. Identification of candidate species can assist environmental 
planning efforts by providing advance notice of potential listings, 
allowing landowners and resource managers to alleviate threats and 
thereby possibly remove the need to list species as endangered or 
threatened. Even if we subsequently list a candidate species, the early 
notice provided here could result in more options for species 
management and recovery by prompting candidate conservation measures to 
alleviate threats to the species.
    The CNOR summarizes the status and threats that we evaluated in 
order to determine that species qualify as candidates and to assign a 
listing priority number to each species, or to remove species from 
candidate status. Additional material that we relied on is available in 
the Species Assessment and Listing Priority Assignment Forms (species 
assessment forms, previously called candidate forms) for each candidate 
species.
    Overall, this CNOR recognizes 7 new candidates, changes the listing 
priority number for 24 candidates, and removes 10 species from 
candidate status. Combined with other decisions for individual species 
that were published separately from this CNOR, the new number of 
species that are candidates for listing is 279.
    We request additional status information that may be available for 
the 279 candidate species identified in this CNOR. We will consider 
this information in preparing listing documents and future revisions to 
the notice of review, as it will help us in monitoring changes in the 
status of candidate species and in management for conserving them. We 
also request information on additional species that we should consider 
including as candidates as we prepare future updates of this notice.
    This document also includes our findings on resubmitted petitions 
and describes our progress in revising the Lists of Endangered and 
Threatened Wildlife and Plants during the period May 2, 2005, through 
August 23, 2006.

DATES: We will accept comments on the Candidate Notice of Review at any 
time.

ADDRESSES: Submit your comments regarding a particular species to the 
Regional Director of the Region identified in SUPPLEMENTARY INFORMATION 
as having the lead responsibility for that species. You may submit 
comments of a more general nature to the Chief, Division of 
Conservation and Classification, U.S. Fish and Wildlife Service, 4401 
N. Fairfax Drive, Room 420, Arlington, VA 22203 (703/358-2171). Written 
comments and materials received in response to this notice will be 
available for public inspection by appointment at the Division of 
Conservation and Classification (for comments of a general nature only) 
or at the appropriate Regional Office listed in SUPPLEMENTARY 
INFORMATION.
    Species assessment forms with information and references on a 
particular candidate species' range, status, habitat needs, and listing 
priority assignment are available for review at the appropriate 
Regional Office listed below in SUPPLEMENTARY INFORMATION or at the 
Division of Conservation and Classification, Arlington, Virginia (see 
address above), or on our Internet Web site (https://endangered.fws.gov/
candidates/).

FOR FURTHER INFORMATION CONTACT: The Endangered Species Coordinator(s) 
in the appropriate Regional Office(s) or Chris Nolin, Chief, Division 
of Conservation and Classification (703-358-2171).

SUPPLEMENTARY INFORMATION:

Candidate Notice of Review

Background

    The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
seq.) (Act), requires that we identify species of wildlife and plants 
that are endangered or threatened, based on the best available 
scientific and commercial information. As defined in section 3 of the 
Act, an endangered species is any species which is in danger of 
extinction throughout all or a significant portion of its range, and a 
threatened species is any species which is likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range. Through the Federal rulemaking 
process, we add species that meet these definitions to the List of 
Endangered and Threatened Wildlife at 50 CFR 17.11 or the List of 
Endangered and Threatened Plants at 50 CFR 17.12. As part of this 
program, we maintain a list of species that we regard as candidates for 
listing. A candidate species is one for which we have on file 
sufficient information on biological vulnerability and threats to 
support a proposal to list as endangered or threatened, but for which 
preparation and publication of a proposal is precluded by higher-
priority listing actions.
    We maintain this list of candidates for a variety of reasons: To 
notify the public that these species are facing threats to their 
survival; to provide advance knowledge of potential listings that could 
affect decisions of environmental planners and developers; to provide 
information that may stimulate and guide conservation efforts that will 
remove or reduce threats to these species and possibly make listing 
unnecessary; to solicit input from interested parties to help us 
identify those candidate species that may not require protection under 
the Act or additional species that may require the Act's protections; 
and to solicit necessary information for setting priorities for 
preparing listing proposals. We strongly encourage collaborative 
conservation efforts for candidate species and offer technical and 
financial assistance to facilitate such efforts. For additional 
information regarding such assistance, please contact the appropriate 
Regional Office listed in SUPPLEMENTARY INFORMATION or visit our 
Internet Web site, https://endangered.fws.gov/candidates/.

Previous Notices of Review

    The Act directed the Secretary of the Smithsonian Institution to 
prepare a report on endangered and threatened plant species, which was 
published as House Document No. 94-51. We published a notice in the 
Federal Register on July 1, 1975 (40 FR 27823), in which we announced 
we would review more than 3,000 native plant species named in the 
Smithsonian's report and other species added by the 1975 notice for 
possible addition to the List of Endangered and Threatened Plants, 
referring to them as species considered to be candidate endangered

[[Page 53757]]

or threatened species. We published a new comprehensive notice of 
review for native plants on December 15, 1980 (45 FR 82479), which took 
into account the earlier Smithsonian report and other accumulated 
information. On November 28, 1983 (48 FR 53640), our supplemental plant 
notice of review announced changes in the status of various species. We 
published complete updates of the plant notice on September 27, 1985 
(50 FR 39526); February 21, 1990 (55 FR 6184); September 30, 1993 (58 
FR 51144); and, as part of combined animal and plant notices, on 
February 28, 1996 (61 FR 7596); September 19, 1997 (62 FR 49398); 
October 25, 1999 (64 FR 57534); October 30, 2001 (66 FR 54808); June 
13, 2002 (67 FR 40657); May 4, 2004 (69 FR 24876); and May 11, 2005 (70 
FR 24870). Additionally, on January 8, 2001 (66 FR 1295), we published 
our resubmitted petition finding for one plant species having an 
outstanding ``warranted-but-precluded finding'' on a petition to list.
    We published earlier comprehensive reviews for vertebrate animals 
in the Federal Register on December 30, 1982 (47 FR 58454), and on 
September 18, 1985 (50 FR 37958). We published an initial comprehensive 
review for invertebrate animals on May 22, 1984 (49 FR 21664). We 
published a combined (i.e. vertebrate and invertebrate) animal notice 
of review on January 6, 1989 (54 FR 554), with minor corrections on 
August 10, 1989 (54 FR 32833). We again published comprehensive animal 
notices on November 21, 1991 (56 FR 58804) and November 15, 1994 (59 FR 
58982). Beginning in 1996 we published combined animal and plant 
notices, including those published on February 28, 1996 (61 FR 7596); 
September 19, 1997 (62 FR 49398); October 25, 1999 (64 FR 57534); 
October 30, 2001 (66 FR 54808); June 13, 2002 (67 FR 40657); May 4, 
2004 (69 FR 24876); and May 11, 2005 (70 FR 24870). Additionally, on 
January 8, 2001 (66 FR 1295), we published our resubmitted petition 
findings for 25 animal species having outstanding ``warranted-but-
precluded'' petition findings as well as notice of one candidate 
removal.
    On September 21, 1983, we published guidance for assigning a 
listing priority number (LPN) for each candidate species (48 FR 43098). 
We continue to use this guidance to assign each candidate a LPN of 1 to 
12, depending on the magnitude of threats, imminence of threats, and 
taxonomic status. Such a priority ranking guidance system is required 
under section 4(h)(3) of the Act (15 U.S.C. 1533(h)(3)).
    This revised notice supersedes all previous animal, plant, and 
combined notices of review.

Summary of This CNOR

    Since publication of the 2004 CNOR on May 11, 2005 (70 FR 24870), 
we reviewed the available information on candidate species to ensure 
that a proposed listing is justified for each species and reevaluated 
the relative listing priority number assigned to each species. We also 
evaluated the need to emergency-list any of these species, particularly 
species with high priorities (i.e. species with listing priority 
numbers of 1, 2, or 3). This review and reevaluation ensures that we 
focus conservation efforts on those species at greatest risk. In 
addition to reviewing candidate species, the Service has worked on 
numerous findings in response to petitions to list species and has 
prepared proposed and final determinations for rules to list species 
under the Act; some of these findings and determinations have been 
completed and published in the Federal Register while work on others is 
still underway (see Preclusion and Expeditious Progress, below, for 
details). Since publication of the CNOR last year the Service has 
completed and published final rules listing 2 species as endangered and 
17 species as threatened; reviewed the status of and published findings 
that listing proposals are not warranted for 4 species; and published 
proposed rules for listing for 3 species for which final determinations 
are pending.
    Based on our review of the best available scientific and commercial 
information, this CNOR identifies 7 new candidate species (see New 
Candidates, below), changes the listing priority number for 24 
candidates (see Listing Priority Changes in Candidates, below) and 
determined that listing proposals are not warranted for an additional 
10 species and thus have removed them from candidate status (see 
Candidate Removals, below). Combined with the other decisions published 
separately from this CNOR for individual species that previously were 
candidates, a total of 279 species, including 140 plant and 139 animal 
species, are now candidates awaiting preparation of rules proposing 
their listing. These 279 species, along with the 3 species currently 
proposed for listing, are included in Table 1.
    Table 2 includes 33 species identified in the previous CNOR as 
either proposed for listing or classified as candidates that are no 
longer in those categories. This includes the 19 species we listed as 
threatened or endangered since the previous CNOR and the 4 species for 
which we published separate findings that listing is not warranted, 
plus the 10 species that we have determined do not warrant preparation 
of a rule to propose listing and therefore have removed from candidate 
status in this CNOR.

New Candidates

    Below we present brief summaries of seven new candidates that we 
are recognizing in this CNOR, including one species of mammal, one 
bird, two snails, two insects, and one plant. Complete information, 
including references, can be found in the species assessment forms. You 
may obtain a copy of these forms from the Regional Office having the 
lead for the species, or from our Internet Web site (https://
endangered.fws.gov/candidates/). For each of these seven 
species, we find that we have on file sufficient information on 
biological vulnerability and threats to support a proposal to list as 
endangered or threatened, but that preparation and publication of a 
proposal is precluded by higher-priority listing actions (i.e. these 
meet our definition of a candidate species). Two of these seven species 
were petitioned for listing, and for those two species this constitutes 
our finding, as required pursuant to section 4(b)(3)(B)(iii) of the 
Act, that the immediate issuance of a proposed rule and timely 
promulgation of a final rule for each of these species has been, for 
the preceding months, and continues to be, precluded by higher priority 
listing actions, and that expeditious progress is being made to add 
qualified species to the lists of threatened and endangered species and 
to remove from such lists species for which the protections of the Act 
are no longer necessary. (Additional information is provided in the 
sections entitled Petition Findings and Preclusion and Expeditious 
Progress, below). We also note below that one other species, a fish, 
was identified as a candidate earlier this year in a separate finding 
published in the Federal Register.

Mammals

    New England cottontail (Sylvilagus transitionalis)--The following 
summary is based on information from our files and information 
collected during the public comment period on our 90-day petition 
finding. On August 30, 2000, we received a petition to list this 
species. We published our 90-day finding on June 30, 2004 (69 FR 
39395).
    The New England cottontail (NEC) is a medium- to large-sized 
cottontail rabbit that may reach 1,000 grams in weight, and is one of 
two species within

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the genus Sylvilagus occurring in New England. New England cottontails 
are considered habitat specialists, in so far as they are dependent 
upon early-successional habitats typically described as thickets. The 
species is the only endemic cottontail in New England.
    Historically, the NEC ranged from southeastern New York (east of 
the Hudson River) north through the Champlain Valley, southern Vermont, 
the southern half of New Hampshire, southern Maine, and south 
throughout Massachusetts, Connecticut, and Rhode Island. The species is 
now considered to be extirpated from Vermont, the current range 
elsewhere has declined substantially, and occurrences have become 
increasingly separated. The species' current distribution is fragmented 
into five apparently isolated metapopulations in about 14 percent of 
the species' historical range. The range has contracted from 
approximately 90,000 sq km to 12,180 sq km, and much of the suitable 
habitat within the current range is in small patches that are not 
occupied by the NEC. A multi-state, regional inventory conducted in 
2001-2004 found New England cottontails were absent from 93% of 
approximately 2,300 habitat patches within the recent historical range 
(1990 to present) that were searched for the presence of the species. 
Many of the occupied sites were quite small (3 acres or less) and are 
considered by some researchers to be population ``sinks.'' It is 
estimated that less than one-third of the occupied sites occur on lands 
in conservation status, and fewer than 10 percent of these sites in 
conservation status are being managed for early successional forest 
species such as the NEC.
    The primary threat to the New England cottontail is ongoing 
destruction and modification of its remaining habitat through natural 
succession processes and through alteration related to human 
development and other activities. Isolation of occupied patches of 
habitat by areas of unsuitable habitat, as well as predation, appears 
to be resulting in local extirpation of New England cottontails from 
small patches. Based on current land uses in the region, the loss of 
about 2 percent of its current range per year is expected to continue. 
Additional threats include competition for food and habitat with 
introduced eastern cottontails and large numbers of native white-tailed 
deer, and inadequate regulatory mechanisms in effect to protect the 
habitat. Based on threats of high magnitude that are imminent, we 
assigned this species a listing priority number of 2. (See also the 
section entitled Petition Findings, below)

Birds

    Red knot (Calidris canutus rufa)--The following summary is based on 
information from our files and information provided by petitioners. We 
received one petition on August 9, 2004, and two others were each 
received on August 5, 2005.
    The rufa subspecies is one of six recognized subspecies of red knot 
and one of three subspecies occurring in North America (hereafter all 
mention of red knot refers strictly to the rufa subspecies). This 
subspecies makes one of the longest distance migrations known in the 
animal kingdom as it travels between breeding areas in the central 
Canadian Arctic and wintering areas that are primarily in southern 
South America along the coast of Chile and Argentina. They migrate 
along the Atlantic coast of the United States (U.S.), where they may be 
found from Maine to Florida. The Delaware Bay area (in Delaware and New 
Jersey) is the largest known spring migration stopover area, with far 
fewer migrants congregating elsewhere along the Atlantic coast. The 
concentration in the Delaware Bay area occurs from the middle of May to 
early June, corresponding to the spawning season of horseshoe crabs. 
The knots feed on horseshoe crab eggs, rebuilding energy reserves 
needed to complete migration to the Arctic and arrive on the breeding 
grounds in good condition.
    Surveys at wintering areas and at Delaware Bay during spring 
migration indicate a substantial decline in recent years. At the 
Delaware Bay area, peak counts between 1982 and 1998 were as high as 
95,360 knots. Although counts may vary considerably between years, some 
of the population fluctuations can be attributed to predator-prey 
cycles in the breeding grounds, and counts show that knots rebound from 
such reductions. In the past, horseshoe crab eggs were so numerous that 
a knot could eat enough in two to three weeks to double its weight. 
Research shows that from 1997 to 2002 an increasing proportion of red 
knots leaving the Delaware Bay failed to achieve threshold departure 
masses needed to fly to breeding grounds and survive an initial few 
days of snow cover, and this corresponded to reduced annual survival 
rates. Recently, peak counts at the Delaware Bay area have been lower 
than in the past and do not show a rebound. The peaks were 13,315 in 
2004, 15,345 in 2005, and 13,455 in 2006. Counts in recent years at the 
principal wintering areas in South America also are substantially lower 
than in the past and do not show a rebound.
    The primary factor threatening the red knot is destruction and 
modification of its habitat, particularly the reduction in key food 
resources resulting from reductions in horseshoe crabs, which are 
harvested primarily for use as bait and secondarily to support a 
biomedical industry. Commercial harvest increased substantially in the 
1990's. Since 1999, a series of timing restrictions and substantially 
lower harvest quotas have been adopted by the Atlantic States Marine 
Fisheries Commission (ASMFC), as well as New Jersey and Delaware. In 
May 2006, the ASMFC adopted restrictions effective from October 1, 2006 
to September 30, 2008, including a prohibition on harvest and landing 
of horseshoe crabs in New Jersey and Delaware from January 1 through 
June 7, harvest of males only from June 8 through December 31, and 
harvest limited to no more than 100,000 horseshoe crabs per state per 
year. The ASMFC also adopted other restrictions applicable to Maryland 
and Virginia. New Jersey has established restrictions which supersede 
those of the ASMFC; as a result there is a moratorium on all horseshoe 
crab harvest in New Jersey from May 15, 2006 through June 7, 2008, 
after which the restrictions adopted by ASMFC apply.
    The reductions in commercial harvest since 1999 are substantial: 
726,660 horseshoe crab landings for bait were reported in 1999 in 
Delaware and New Jersey, compared to 173,777 in 2004. However, we do 
not know whether horseshoe crab populations will rebuild or how long a 
lag time there may be in increased availability of eggs, as they need 
8-10 years to reach sexual maturity and other key information for 
estimating population response is lacking. A survey in Delaware Bay 
showed spawning activity was stable or slightly declining from 1999 to 
2004. In 2004, availability of horseshoe crab eggs on principal 
shorebird foraging beaches increased over recent years. The peak number 
of migrant red knots observed at Delaware Bay increased slightly in 
2005 compared to 2004, and in 2006 the peak count was similar to that 
in 2004. Also, body weights of red knots at the time of departure from 
Delaware Bay improved in 2005 over previous years. Counts of red knots 
at key wintering areas in South America, although much reduced from the 
past, were similar in 2006 to the counts in 2005. Thus in recent years 
the number of knots has been much lower than in the past and the trend 
in the abundance is not improving despite

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a four-fold reduction in horseshoe crab landings since the late 1990's.
    Other identified threat factors include habitat destruction due to 
beach erosion and various shoreline protection and stabilization 
projects that are impacting areas used by migrating knots for foraging, 
the inadequacy of existing regulatory mechanisms, human disturbance, 
and competition with other species for limited food resources. Also, 
the concentration of red knots in the Delaware Bay area and at a 
relatively small number of wintering areas make the species vulnerable 
to potential large-scale events in those areas such as large oil spills 
or severe weather.
    Overall, we conclude that the threats, in particular the 
modification of habitat through harvesting of horseshoe crabs to such 
an extent that it puts the viability of the knot at substantial risk, 
are of a high magnitude, but are nonimminent because of reductions and 
restrictions on harvesting horseshoe crabs. Accordingly, we assigned a 
listing priority number of 6 to this subspecies. (See also the section 
entitled Petition Findings, below)

Fish

    Headwater chub (Gila nigra)--We previously announced candidate 
status for this species in a separate warranted-but-precluded 12-month 
petition finding, published on May 3, 2006 (71 FR 26007).

Snails

    Black mudalia (Elimia melanoides)--The following summary is based 
on information in our files. The historical and current range of the 
black mudalia, an aquatic snail, is in Alabama. The historical range 
included much of the upper half of the Black Warrior River drainage, 
including the main stem Black Warrior above Tuscaloosa, as well as the 
Sipsey Fork and Locust Fork. The black mudalia is currently known from 
five localized shoals in an approximately 30-mile reach of the upper 
Locust Fork of the Black Warrior River, and from two shoals in a 1-mile 
reach of the Blackburn Fork of the Little Warrior River, a tributary of 
the Locust Fork. The black mudalia requires flowing water, and the 
construction of two major dams on the main stem Black Warrior River 
above the Fall Line (Oliver Lock and Dam, 1940; Holt Dam, 1966) and 
another dam on the lower Sipsey Fork (Bankhead Dam, 1975), impounded 
much of the species' historical habitat. Dams eliminate or reduce 
currents within impounded areas, allowing sediments to accumulate on 
inundated channel habitats. Impounded waters also experience changes in 
water chemistry that can affect survival or reproduction of black 
mudalia.
    The primary threats to the black mudalia in the areas it currently 
occupies involve habitat destruction and modification, particularly in 
relation to poor water quality and habitat deterioration. Point-source 
discharges and surface runoff cause nutrification, decreased dissolved 
oxygen concentration, increased acidity and conductivity, and other 
changes in water chemistry which are likely to seriously affect aquatic 
snails. Pollution from surface runoff can originate from a wide array 
of land use activities, and may include sediments, fertilizers, 
herbicides, pesticides, animal wastes, septic tank and gray water 
leakage, and oils and greases. Land uses in the vicinity of black 
mudalia populations include pasture, row crops, timber production, and 
chicken farms. Because the threats to black mudalia are of a high 
magnitude and are imminent, we assigned a listing priority of 2 to this 
species.
    Rough hornsnail (Pleurocera foremani)--The following summary is 
based on information in our files. The rough hornsnail is an aquatic 
snail endemic to the Coosa River system in Alabama. It currently is 
known to occur at two locations: The lower Yellowleaf Creek in Shelby 
County, and the lower Coosa River below Wetumpka Shoals in Elmore 
County. Searches of historical habitats in the Coosa River and its 
tributaries have failed to locate the species at other localities. The 
two surviving populations are extremely small and localized. The 
historical habitats of the rough hornsnail have been extensively 
modified by six large dams constructed for hydropower production. Dams 
eliminate or reduce currents within impounded areas, allowing sediments 
to accumulate on inundated channel habitats. Impounded waters also 
experience changes in water chemistry that can affect survival or 
reproduction of pleurocerid snails. Currently, the primary threat to 
the rough hornsnail is habitat destruction and modification related to 
poor water quality and habitat deterioration that result from point 
source discharges and/or surface runoff. These actions cause 
nutrification, decreased dissolved oxygen concentration, increased 
acidity and conductivity, and other changes in water chemistry that can 
seriously affect aquatic snails. Both populations of the rough 
hornsnail are in areas currently experiencing high human population 
growth and development. Because the threats are ongoing and are of a 
high magnitude, we assigned the rough hornsnail a listing priority of 
2.

Insects

    Florida leafwing butterfly (Anaea troglodyta floridalis)--The 
Florida leafwing is endemic to south Florida and the Keys; it occurs 
only within pine rocklands that retain its sole hostplant, pineland 
croton (Croton linearis). Once locally common within the formerly 
widespread pine rockland habitat that occurred within Miami-Dade and 
Monroe Counties and less common and sporadic within Collier, Martin, 
Palm Beach, and Broward Counties, the leafwing now has small and 
isolated populations at only two locations: On Big Pine Key in the 
lower Florida Keys, and Long Pine Key on the Florida mainland. On Big 
Pine Key, the butterfly and its habitat occur on National Key Deer 
Refuge (NKDR) and also on other scattered private and public lands 
within the vicinity of NKDR. On the Florida mainland, the population on 
Long Pine Key is within Everglades National Park (ENP). Pine rockland 
fragments on the mainland near or adjacent to ENP may still retain the 
potential to support some small, localized, and sporadic populations of 
the butterfly, but no Florida leafwings have been documented as 
occurring in such areas outside ENP for the last several years.
    Land developments of various types have greatly reduced pinelands 
in Florida. Within the Keys, pinelands containing the pineland croton 
hostplant now occur only on Big Pine Key, with an estimated 80 hectares 
(ha) (198 acres) within NKDR and small, scattered relict sites 
elsewhere. On the mainland, an estimated 1,068 ha (2,638 acres) of 
appropriate hostplant-bearing habitat occur within ENP on Long Pine 
Key; outside that area, in Miami-Dade County, scattered fragments of 
pine rockland containing pineland croton occur in fragments that 
collectively total approximately 370 (ha) (916 acres), roughly half of 
which are in private ownership. Collectively, the Big Pine Key, Long 
Pine Key, and relict pine rocklands adjacent to ENP presently support 
an estimated total of 100-800 adult Florida leafwing butterflies at any 
given time.
    The Florida leafwing is vulnerable to impacts that probably did not 
pose significant risks to its continued existence in the past, when 
suitable habitat and the species were much more abundant and 
widespread. Habitat destruction and modification is a continuing 
problem on public and private lands. This includes habitat loss due to 
unnatural or altered fire regimes. Natural fires are important in 
maintaining the herbaceous layer of

[[Page 53760]]

pine rocklands, of which the butterfly's sole hostplant, pineland 
croton, is a part. Without these fires, succession from pinelands to 
hardwood hammocks is rapid, with loss of suitable habitat for the 
Florida leafwing. Due to the proximity of remaining pine rockland 
habitat to urban areas in southern Florida and the Keys, most natural 
fires have been and are suppressed, often replaced by inconsistent 
regimes of managed or prescribed fires that do not necessarily result 
in habitat conditions suitable for the Florida leafwing. Prescribed 
burning occurs on portions of ENP on Long Pine Key, and ENP is working 
on incorporating considerations for life histories of select butterfly 
species into their management. At NKDR, private homes and light 
commercial uses are embedded within or in close proximity to the fire-
sustained pineland habitat. Thus management of pine rocklands is 
particularly difficult due to the mixed pattern of land ownership and 
development. Fire suppression to protect residential areas results in 
the invasion and replacement of native pine rockland habitat by 
hardwood hammocks, thereby causing continued loss of habitat for the 
leafwing. Survey data collected from mid-2003 through July 2006 
indicate a substantial decline in leafwing numbers on NKDR, even within 
an area where prescribed burning occurs. Outside of NKDR and ENP, much 
of the remaining suitable habitat for the Florida leafwing on private 
land is subject to destruction or modification due to the effects of 
fire suppression or due to the nature of prescribed fire activities, 
and continued economic development that results in conversion of pine 
rocklands to other uses.
    The continued existence of the Florida leafwing also is threatened 
due to other natural and human-related factors. Pesticides used in 
mosquito control practices are a major threat on Big Pine Key, where 
nearly all occupied and suitable habitat for the Florida leafwing is 
exposed to mosquito control chemicals. Studies have shown that the 
pesticides used for mosquito control at field application rates are 
extremely toxic to non-target butterflies, skippers, and moths. 
Essentially all of the pine rocklands within NKDR except one area, 
Watson's Hammock, are sprayed and residential areas and roadsides 
across Big Pine Key are treated. Also, chemical drift of pesticides has 
been found 750 meters (2,460 feet) within the borders of the no-spray 
zone on Watson's Hammock. Mosquito control poses much less of a risk to 
the leafwings in ENP, as mosquito control on Long Pine Key is limited 
to residential areas and campgrounds. Additional natural and human-
related factors include the risk of direct mortality and habitat loss 
due to extreme weather events (e.g. hurricanes, tropical storms), and 
risk of reduced genetic diversity; both of these risks are heightened 
due to the reduction of the Florida leafwing to small, isolated 
populations.
    The established interest in specimens of the leafwing and 
information requests regarding its location from collectors, 
researchers, and others suggests that collection may be occurring and 
has the potential to occur at any time. However, we do not have 
sufficient information to conclude that overutilization for commercial, 
recreational, scientific, or educational purposes is a factor that 
threatens the Florida leafwing. The principal threats to the Florida 
leafwing at this time are the destruction, modification, or curtailment 
of its habitat or range, and other natural or manmade factors affecting 
its continued existence. Based threats of high magnitude that are 
imminent, we assigned a listing priority number of 3 to the Florida 
eafwing butterfly.
    Bartram's hairstreak butterfly (Strymon acis bartrami)--The 
following summary is based on information in our files. The Bartram's 
hairstreak is a subspecies endemic to south Florida and the Keys. Like 
the Florida leafwing butterfly (described above) it occurs only within 
pine rocklands that retain its sole hostplant, pineland croton (Croton 
linearis). Once locally common within the formerly widespread pine 
rockland habitat that occurred within Miami-Dade and Monroe Counties, 
and less common and sporadic within Collier, Palm Beach, and Broward 
Counties, the Bartram's hairstreak is now largely restricted to two 
locations: Big Pine Key in the Florida Keys, and Long Pine Key on the 
Florida mainland. On Big Pine Key, the butterfly and its habitat occur 
on National Key Deer Refuge and also on other scattered private and 
public lands in the vicinity of NKDR. On Long Pine Key the species is 
within Everglades National Park. Pine rockland fragments near or 
adjacent to ENP also appear to retain some small, localized, and 
sporadic populations of the butterfly. The same factors identified as 
threats to the Florida leafwing butterfly (summarized above) also 
threaten Bartram's hairstreak. Based on threats of high magnitude that 
are imminent, we assigned a listing priority number of 3 to Bartram's 
hairstreak butterfly.

Flowering Plants

    Harrisia aboriginum (Aboriginal pricklyapple)--The following 
summary is based on information in our files. This cylindrical-stemmed 
cactus currently occurs in coastal strand vegetation and tropical 
coastal hammocks on coastal islands of Sarasota, Charlotte, and Lee 
Counties, Florida, from Longboat Key south to Buck Key in the J.N. 
``Ding'' Darling National Wildlife Refuge. Populations are likely to be 
on shell mounds or sites with shelly substrates; plants may be quite 
close to the mangrove zone, but not in it. This plant always had a 
restricted distribution and is now vulnerable to extinction because 
only 10 populations are remaining. Each population occurs just above 
sea level along the coast, and is threatened by the rise in sea level 
that has occurred during the past century and is continuing. Each 
population is also threatened by nonnative plant invasions and, in at 
least one case, predation by introduced iguanas. Some populations are 
on private lands, and these are all vulnerable to habitat destruction 
and/or improper management. Additionally, the proximity to the coast, 
combined with the very small number of plants in each population, makes 
the species vulnerable to hurricanes which have the potential to 
overwash islands and extirpate populations. For these reasons, the 
magnitude of threats is high. Overall, threats are nonimminent because 
public land managers have been and are continuing to address exotic 
invasive plant issues. Therefore, we assigned this species a listing 
priority number of 5.

Listing Priority Changes in Candidates

    We reviewed the listing priority number for all candidate species 
and are changing the numbers for the following species. Some of the 
changes reflect actual changes in either the magnitude or imminence of 
the threats, and in one case, reflects a change in the taxonomy of the 
species. For some species, our changes in the listing priority number 
reflect efforts to ensure national consistency as well as closer 
adherence to the 1983 guidelines in assigning these numbers, rather 
than a change in the nature of the threats.

Birds

    Friendly ground-dove, American Samoa DPS (Gallicolumba stairi 
stairi)--The following summary is based on information contained in our 
files. The genus Gallicolumba is distributed throughout the Pacific and 
Southeast Asia. The genus is represented in the

[[Page 53761]]

oceanic Pacific by six species. Three are endemic to Micronesian 
islands or archipelagos, two are endemic to island groups in French 
Polynesia, and G. stairi is endemic to Samoa, Tonga, and Fiji. All six 
species have some level of threatened status on the International Union 
for Conservation of Nature and Natural Resources (IUCN) Red List. Some 
authors recognize two subspecies of the friendly ground-dove, one, 
slightly smaller, in the Samoan archipelago (G. s. stairi), and one in 
Tonga and Fiji (G. s. vitiensis), but morphological differences between 
the two are minimal.
    In American Samoa, the friendly ground-dove has been found on the 
islands of Ofu and Olosega (Manua Group). Threats to this subspecies 
have not changed over the past year. Of the primary threats to the 
subspecies (predation by nonnative species, poaching, and habitat 
loss), predation by nonnative species is thought to be occurring now, 
and predation likely has been occurring for several decades. This 
predation may be an important impediment to increasing the population. 
Predation by introduced species has played a significant role in 
reducing, limiting, and extirpating populations of island birds, 
especially ground-nesters, in the Pacific and other locations 
worldwide. Nonnative predators known or thought to occur in the range 
of the friendly ground-dove in American Samoa are feral cats (Felis 
catus), Polynesian rats (Rattus exulans), black rats (R. rattus), and 
Norway rats (R. norvegicus).
    In February of 2005, a hurricane destroyed the habitat of G. stairi 
in an area on Olosega Island where the species had been most frequently 
recorded. Although this species has coexisted with severe storms for 
millennia, this example illustrates the potential for natural 
disturbance to exacerbate the effect of anthropogenic disturbance on 
small populations. Consistent monitoring using a variety of methods 
over the last 5 years yielded few observations of this taxon in 
American Samoa. The total population size is poorly known, but is 
unlikely to number more than a few hundred pairs. The distribution of 
the friendly ground-dove is limited to forested slopes with an open 
understory and a substrate of fine scree or exposed earth; this habitat 
is not common in American Samoa. We revised the listing priority number 
from a 3 to a 6 to better reflect the fact that the threats posed to 
the friendly ground-dove (its small population size and nonnative 
predators) are nonimminent but still may occur throughout its range.
    Streaked horned lark (Eremophila alpestris strigata)--The following 
information is based on information contained in our files. No new 
information was provided in the petition received December 11, 2002. 
The streaked horned lark occurs in British Columbia (Canada), 
Washington State, and Oregon. The streaked horned lark nests on the 
ground in sparsely vegetated sites in short-grass dominated habitats, 
such as native prairies, coastal dunes, fallow agricultural fields, 
lightly to moderately grazed pastures, seasonal mudflats, airports, and 
dredged-material formed islands in the Columbia River. It is 
essentially extirpated from Canada. In Washington State, surveys show 
that there are approximately 380 remaining breeding birds (Pearson and 
Altman 2005). In Oregon, the breeding population is estimated to be 
approximately 400 birds.
    The streaked horned lark's breeding habitat is threatened by loss 
and degradation due to conversion of native grasslands to other uses 
(such as agriculture, homes, recreational areas, and industry), 
encroachment of woody vegetation, and invasion of nonnative plant 
species (e.g., Scot's broom and sod-forming grasses). Native prairies 
have been nearly eliminated throughout the range of the species. It is 
estimated that less than 1 to 3 percent of the native grassland and 
savanna remains. Those that remain have been invaded by nonnative sod-
forming grasses. Coastal nesting areas have suffered the same fate. 
Wintering habitats are seemingly few, and susceptible to unpredictable 
conversion to unsuitable overwintering habitat. Where larks inhabit 
nonnative habitats similar in structure to native prairies (such as 
airports, military reservations, agricultural fields, and dredge formed 
islands), they are subjected to a variety of unintentional human 
disturbances such as mowing, recreational and military activities, 
plowing, flooding, and dredge spoil dumping during the nesting season, 
as well as intentional disturbances such as at the McChord AFB where 
falcons and dogs are used to haze the birds in order to avoid aircraft 
collisions. In some areas, landowners have taken steps to improve 
streaked horned lark nesting habitat.
    The magnitude of threat is high due to small populations with low 
genetic diversity and patchy and isolated habitats in areas desirable 
for development. The threat of invasive plant species is high and 
constant. The numbers of individuals are low and the numbers of 
populations are few. Overwintering birds are concentrated in larger 
flocks and subject to unpredictable wintering habitat loss, potentially 
affecting a large portion of the population at one time. In Washington, 
known populations occur on airports and two military bases where 
management and training activities can negatively affect streaked 
horned lark breeding. In British Columbia, the one potentially 
remaining site with breeding birds occurs at an airport. The immediacy 
of threat is imminent, due to the continued loss of suitable lark 
habitat, risks to the wintering populations, plans for development on 
and adjacent to two of its nesting areas, use of falcons and dogs to 
haze breeding birds at McChord AFB, planned expansions of the McChord 
AFB west ramp and Olympia airport, the planned addition of 130 more 
helicopters at the Gray Army Airfield, and annual Air Force military 
training and fire bombing on top of lark nesting habitat. Because of 
the increased imminence of threats, we changed the listing priority 
number for the streaked horned lark from 6 to 3.

Reptiles

    Black pine snake (Pituophis melanoleucus lodingi)-- There are 
historical records for the black pine snake from one parish in 
Louisiana, 14 counties in Mississippi, and 3 counties in Alabama west 
of the Mobile River Delta. Black pine snake surveys and trapping 
indicate that this species has been extirpated from Louisiana and from 
two counties in Mississippi. Moreover, the distribution of remaining 
populations has become highly restricted due to the destruction and 
fragmentation of the remaining longleaf pine habitat within the range 
of the species. Most of the known Mississippi populations are 
concentrated on the DeSoto National Forest. Populations occurring on 
properties managed by city and State agencies as gopher tortoise 
mitigation banks or wildlife management areas represent the best 
opportunities for long-term survival of the species in Alabama. Other 
factors affecting the black pine snake include vehicular mortality and 
low reproductive rates, which magnify other threats and increase the 
likelihood of local extinctions. Due to the imminent threat of high 
magnitude caused by the past destruction of most of the longleaf pine 
habitat of the black pine snake, and the continuing persistent 
degradation of what remains, we assigned a listing priority number of 3 
to this subspecies. Although there is no actual change in threats over 
the past year, habitat loss represents an ongoing or imminent threat to 
the black pine snake. Therefore, to help ensure consistency in

[[Page 53762]]

the application of our listing priority process, we changed the listing 
priority number from a 6 to a 3 to reflect that the threats are 
imminent.
    Louisiana pine snake (Pituophis ruthveni)--The Louisiana pine snake 
historically occurred in fire-maintained longleaf-pine ecosystems of 
west-central Louisiana and extreme east-central Texas. Louisiana pine 
snakes are closely associated with Baird's pocket gophers (Geomys 
breviceps) and make extensive use of their burrow systems for foraging, 
nocturnal and diurnal retreats, escape from predators and fire, and 
hibernation sites. Within some of the best remaining habitat in their 
historic range, Louisiana pine snakes have not been documented in over 
a decade. Results of Louisiana pine snake trapping and radiotelemetry 
surveys suggest that extensive population declines and local 
extirpations have occurred during the last 50 to 80 years.
    Most of the historical longleaf pine habitat of the Louisiana pine 
snake has been destroyed, and the habitat quality of that which remains 
has been degraded due to logging, fire suppression, roadways, short-
rotation silviculture, and grazing. Louisiana pine snake habitat loss 
is continuing, albeit at a slower rate than in the past. The best 
remaining Louisiana pine snake habitat occurs on lands where periodic 
burning has continued. Other factors affecting Louisiana pine snakes 
include low fecundity (reproductive output), which magnifies other 
threats and increases the likelihood of local extinctions, and 
vehicular mortality, which may significantly affect Louisiana pine 
snake population and community structure.
    The Candidate Conservation Agreement for the Louisiana pine snake, 
a comprehensive and voluntary partnership encompassing all Federal 
lands where pine snake occurrences are known, was recently completed in 
order to protect known Louisiana pine snake populations and maintain 
the ecosystem upon which it depends. Several private landowners with 
known Louisiana pine snake populations are interested in joining that 
partnership or developing a similar one. The pro-active partnerships to 
address key management concerns and research needs are growing and 
these conservation efforts have reduced the magnitude of the threats 
from high to moderate. However, the primary threat from habitat loss 
continues and is, therefore, imminent. Thus, based on threats of 
moderate to low magnitude that are imminent, we have changed the 
listing priority number from a 5 to an 8.

Amphibians

    Relict leopard frog (Rana onca)--This leopard frog was considered 
extinct since the 1950s, until it was rediscovered in two relatively 
small areas in southern Nevada and a spring in extreme northwestern 
Arizona. We estimate that the current distribution of the species is 10 
to 20 percent of its historical distribution. Habitat conversion to 
agriculture, water diversions, habitat fragmentation such as 
construction of Hoover Dam and creation of Lake Mead and Lake Mojave, 
and introduction and establishment of nonnative predators and 
competitors are believed to be the primary causes of historical 
population declines and reduction in the range and distribution of the 
frog. Currently, the primary threats are low numbers of individuals and 
populations, nonnative predators and competitors, and the potential for 
water diversion or ground water pumping. A conservation agreement and 
strategy completed in 2005 will serve as the management plan for the 
species. As prescribed in the agreement and strategy, annual work plans 
will be developed and implemented to monitor threats and the status of 
the species as well as accomplish conservation actions for the species. 
The magnitude of existing threats is moderate, which we lowered from 
the previous determination of high magnitude in 2005. This change in 
magnitude is largely based on successful captive-rearing and 
translocation efforts. These threats remain nonimminent since there are 
no known projects or actions that would adversely affect frog 
populations or threaten surface water associated with known sites 
occupied by the frog. Thus, we changed the listing priority number from 
a 5 to an 11 for this species.

Fishes

    Cumberland darter (Etheostoma susanae)--The following information 
is based on information contained in our files. No new information was 
provided in the petition received on May 11, 2004. This fish species is 
an approximately 3-inch member of the family Percidae that is endemic 
to the upper Cumberland River system (above Cumberland Falls) in 
Kentucky and Tennessee. Currently, the species is restricted to 16 
headwater streams in Kentucky and 2 streams in Tennessee. Within these 
streams, the Cumberland darter inhabits low-velocity, shallow riffles 
and backwater areas of moderate-to low-gradient stream reaches with 
stable sand or sandy-gravel substrates. The primary threat to the 
species is siltation of instream habitats caused by coal mining 
activities, silvicultural practices, road construction, and urban 
development. Because the species is limited to only 18 known 
populations, the magnitude of threat for the species is high; these 
populations are isolated from one another by poor-quality habitat, 
impoundments, or natural barriers. The immediacy of threat is 
nonimminent because (1) Federal and State water quality laws have 
reduced water quality and habitat threats to some degree, (2) non-point 
pollution threats and modification of reach geomorphology and hydrology 
are cumulative and gradual, and (3) approximately 40 percent of 
watersheds supporting the species are provided habitat and water 
quality protection through Federal ownership (Daniel Boone National 
Forest). Consequently, we assigned a listing priority number of 5 to 
this species. This represents a change in the previous listing priority 
number, from 6 to 5, due to a change in taxonomic status for the 
species, not because of a change in threat magnitude or imminence. The 
Cumberland Johnny darter, E. nigrum susanae, was elevated to specific 
status (E. susanae, Cumberland darter) based on new molecular evidence 
showing that this subspecies has distinct mitochondrial DNA haplotypes 
not found in the Johnny darter, E. nigrum nigrum.
    Rush darter (Etheostoma phytophilum)--The following summary is 
based on information from our files. No new information was provided in 
the petition received on May 11, 2004. This species is endemic to 
upland portions of the Black Warrior River system in Alabama where it 
occurs in shallow headwater streams. This species is uncommon and 
sporadic within its range, as it favors shallow, flowing water in 
spring runs and spring-associated streams with emergent vegetation. 
Only three disjunct populations are known: One in the Clear Creek 
system in Winston County, one in spring-fed tributaries of Turkey Creek 
in Jefferson County; and one population in Little Cove Creek (Cove 
Springs) in Etowah County.
    The Jefferson County population (Turkey Creek), which is located in 
a large metropolitan area, is threatened by urbanization and 
commercialization of its habitat. Siltation from bridge, road, and 
sewer line construction has been recently documented within the Turkey 
Creek watershed by academic researchers and Service biologists. The 
major threat to the Winston County population of rush darters is 
erosion in Mill Creek, Doe Branch, and Wildcat Branch, and the 
cumulative increase of

[[Page 53763]]

sediments caused from gravel roads and roadside ditches. Within the 
past year, biologists have observed increased erosion along roads 
adjacent to Doe and Wildcat Branches which resulted in increased 
siltation within those streams. Increased urbanization, road 
maintenance and silviculture practices contribute to increased 
sedimentation in the watershed. The major threat to the Cove Springs 
population is contamination of the water with chlorine. Efforts are 
underway to improve habitat and water quality; however, at this time 
all populations are being negatively affected by declining water 
quality. The magnitude of threat is high due to the limited number of 
populations. We changed the listing priority from a 5 to a 2 based on 
the imminent threat; the threat is imminent because water quality is 
currently declining for all populations.

Clams

    Altamaha spinymussel (Elliptio spinosa)--The following summary is 
based on information in our files. The Altamaha spinymussel is a 
freshwater mussel endemic to the Altamaha River drainage of 
southeastern Georgia. The historical range was restricted to the 
Coastal Plain portion of the Altamaha River and the lower portions of 
its three major tributaries, the Ohoopee, Ocmulgee, and Oconee Rivers. 
The species is associated with stable, coarse to fine sandy sediments 
of sandbars and sloughs and appears to be restricted to swiftly flowing 
water. The species appears to be extirpated from the Ohoopee and Oconee 
Rivers, and its numbers are greatly reduced in the Ocmulgee and 
Altamaha Rivers. Altamaha spinymussels face severe habitat degradation 
from a number of sources. Primary among these are threats from 
sedimentation and contaminants within the rivers that the Altamaha 
spinymussel inhabits. A new threat of deadhead logging has recently 
emerged. These threats to the Altamaha spinymussel are further 
compounded by its limited distribution and the low population size 
identified in recent survey efforts. Efforts to identify the host fish 
and expand our understanding of the spinymussels' life cycle have not 
produced results, attempts to investigate potential impacts caused by 
heavy metals have not received funding, a survey conducted in 2004 in 
the Ocmulgee found no spinymussels, and deadhead logging presents an 
added threat. Consequently, we now consider the threats to be imminent 
and have changed the listing priority number from a 5 to a 2 for this 
species.

Insects

    Wekiu bug (Nysius wekiuicola)--The wekiu bug belongs to the true 
bug family, Lygaeidae, and is endemic to the island of Hawaii. This 
species only occurs on the summit of Mauna Kea and feeds upon other 
insect species which are blown to the summit of this large volcano. The 
wekiu bug is primarily threatened by the loss of its habitat from 
astronomy development. In 2004 and early 2005, surveys were conducted 
that found multiple new locations of the wekiu bug on Mauna Kea summit. 
Several of these cinder cones within the Mauna Kea Science Reserve, as 
well as two other cinder cones located in the State Ice Age Natural 
Area Reserve, are not currently undergoing development nor is 
development planned. With the discovery of these new locations, the 
threats, though ongoing, do not occur across the entire range of the 
wekiu bug. The immediacy of the threats is imminent in some part of the 
weiku bug's range because ongoing development is occurring in the Keck 
Observatory Outrigger telescope project area. This development will 
establish six new interferometry telescopes around the existing Keck 
facility. A mitigation plan is in place that will require a 3:1 
replacement of damaged habitat. However, the effectiveness of this 
mitigation is untested and unknown. Although the threats are ongoing in 
some areas of wekiu bug habitat, the recent discoveries of new 
locations of the wekiu bug in areas that are not subject to the primary 
threat of astronomy development reduces the magnitude of the threat 
from high to moderate. Therefore, we are changing the listing priority 
number for this species from a 2 to an 8.

Crustaceans

    Anchialine pool shrimp (Vetericaris chaceorum)--Vetericaris 
chaceorum is an anchialine pool-inhabiting species of shrimp belonging 
to the family, Procarididae; it is the only species in its genus. This 
species is endemic to the Hawaiian Islands and is only known from one 
population in a single pool on the island of Hawaii. There are two 
primary threats to this species. First, fish do not naturally occur in 
the pool inhabited by the species, and it would be highly vulnerable to 
predation by any intentionally or accidentally introduced fish. 
Anchialine pools have been used to discard or hold bait-fish and/or 
aquarium fish. Second, the species is vulnerable to habitat loss due to 
degradation by dumping or fill, or recreational activities. This 
activity has occurred in the past but this pool now lies within lands 
administered by the State of Hawaii Department of Hawaiian Home Lands. 
There are no conservation efforts underway to eliminate the potential 
for any of these threats. The magnitude of threats remains high because 
of the devastating effect that realization of these threats could have 
on the species because of its restriction to a single pool. However, we 
changed the listing priority number for this species from a 1 to a 4 
because the threats are nonimminent: Fish have not been introduced into 
the pool (nor is there any reason to believe that introduction is 
imminent) and a site visit in early 2005 showed there were no signs of 
dumping or fill.
    Anchialine pool shrimp (Metabetaeus lohena)--Metabetaeus lohena is 
an anchialine pool inhabiting species of shrimp belonging to the family 
Alpheidae. This species is endemic to the Hawaiian Islands and is 
currently known from populations on the islands of Oahu, Maui, and 
Hawaii. The primary threats to this species are predation by fish 
(which do not naturally occur in the pools inhabited by this species) 
and habitat loss from degradation. The pools where this species occurs 
on Maui and Hawaii are located within State Natural Area Reserves 
(NAR). Hawaii's State statutes prohibit the collection of the species 
and the disturbance of the pools in State NARs. However, enforcement of 
these prohibitions is difficult and the negative effects from the 
introduction of fish are extensive and happen quickly. Therefore, 
threats to this species are of a high magnitude. However, we now 
consider the threat of predation from fish to be nonimminent because no 
fish were observed during the surveys conducted in the NARs for this 
shrimp in 2004 and no recent habitat degradation has occurred. In 
addition, no nonnative fish were observed during several site visits to 
the Oahu location in 2005. Therefore, we changed the listing priority 
number of this species from a 2 to a 5.
    Anchialine pool shrimp (Palaemonella burnsi)--Palaemonella burnsi 
is an anchialine pool inhabiting species of shrimp belonging to the 
family, Palaemonidae. This species is endemic to the Hawaiian Islands 
and is currently known from three populations on the island of Maui and 
one population on the island of Hawaii. The primary threats to this 
species are predation by fish (which do not naturally occur in the 
pools inhabited by this species) and habitat loss due to degradation. 
The pools where this species occurs on Maui are located within a State 
Natural Area Reserve

[[Page 53764]]

(NAR). Hawaii's State statutes prohibit the collection of the species 
and the disturbance of the pools in State NARs. On the island of 
Hawaii, the species occurs within a National Park and collection and 
disturbance are also prohibited. However, enforcement of these 
prohibitions is difficult, and the negative effects from the 
introduction of fish are extensive and happen quickly. Therefore, 
threats to this species are of high magnitude. However, we no longer 
consider the threats to be imminent, because during a 2004 survey no 
fish were observed in the pools where these shrimp occur on Maui or the 
island of Hawaii and there was no evidence of recent habitat 
degradation. Therefore, the threats of predation from fish and habitat 
degradation are nonimminent, and consequently we changed the listing 
priority number of this species from a 2 to a 5.
    Anchialine pool shrimp (Procaris hawaiana)--Procaris hawaiana is an 
anchialine pool inhabiting species of shrimp belonging to the family, 
Procarididae. This species is endemic to the Hawaiian Islands and is 
currently known from two populations on the island of Maui and one 
population on the island of Hawaii. The primary threats to this species 
are predation from fish (which do not naturally occur in the pools 
inhabited by this species) and habitat loss due to degradation. The 
pools where this species occurs on Maui are located within a State 
Natural Area Reserve (NAR). Hawaii's State statutes prohibit the 
collection of the species and the disturbance of the pools in State 
NARs. However, enforcement of these prohibitions is difficult and the 
negative effects from the introduction of fish are extensive and happen 
quickly. There are no conservation efforts underway to alleviate the 
potential for any of these threats in the one pool on the island of 
Hawaii. Therefore, threats to this species remain at high magnitude. 
However, we no longer consider the threats to be imminent because, 
during a 2004 survey, no fish were observed in the pools where these 
shrimp occur on Maui or the island of Hawaii. In addition, there were 
no signs of dumping or fill on a site visit to the location on the 
island of Hawaii in early 2005. Therefore, we changed the listing 
priority number of this species from a 2 to a 5.

Flowering plants

    Abronia alpina (Ramshaw Meadows sand-verbena)--Abronia alpina is a 
small perennial herb, 2.5 to 15.2 centimeters (1 to 6 inches) across 
forming compact mats with lavender-pink, trumpet-shaped, and generally 
fragment flowers. Abronia alpina is known from one main population 
center in Ramshaw Meadow on the Kern Plateau of the Sierra Nevada, 
California and from one subpopulation found in adjacent Templeton 
Meadow. The total estimated area occupied is approximately 6 hectares 
(15 acres). Population estimates from 1985-1994 range from a low of 
69,652 plants in 1986 to 132,215 plants in 1987. Surveys conducted 
since 1994 indicate that no significant changes have occurred in 
population size or location, although, the 2003 survey showed 
population numbers to be at the low end of the range. The population 
fluctuates from year to year without any clear trends.
    The major threats facing A. alpina include habitat disturbance and 
trampling from incidental livestock trailing, pack animals, and hikers; 
campsite development; and erosion associated with such disturbances. An 
additional threat is encroachment of lodgepole pine into areas occupied 
by the species. Lodgepole pine encroachment has altered the meadow and 
becoming established within A. alpina habitat. Lodgepole pine 
encroachment may alter soil characteristics by increasing organic 
matter levels, decreasing porosity, and moderating diurnal temperature 
fluctuations thus reducing the competitive ability of A. alpina to 
persist in an environment more hospitable to other plant species. The 
Ramshaw Meadow ecosystem is subject to alteration by lowering of the 
water table due to downcutting of the South Fork of the Kern River 
(SFKR). The SFKR flows through Ramshaw Meadow, at times coming within 
15 meters (50 feet) of A. alpina habitat, particularly in the vicinity 
of five subpopulations. The habitat occupied by A. alpina directly 
borders the meadow sy