Endangered and Threatened Wildlife and Plants; Review of Native Species That Are Candidates for Listing as Endangered or Threatened; Annual Notice of Findings on Resubmitted Petitions; Annual Description of Progress on Listing Actions, 57804-57878 [E9-26841]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Proposed Rules]
[Pages 57804-57878]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26841]



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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



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

Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R9-ES-2009-0075; MO-9221050083-B2]


Endangered and Threatened Wildlife and Plants; Review of Native 
Species That Are Candidates 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 
for 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 (LPN) 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 five new candidates, changes the LPN 
for eight candidates, and removes four species from candidate status. 
Combined with other decisions for individual species that were 
published separately from this CNOR in the past year, the current 
number of species that are candidates for listing is 249.
    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 October 1, 2008, 
through September 30, 2009.
    We request additional status information that may be available for 
the 249 candidate species identified in this CNOR.

DATES: We will accept information on this Candidate Notice of Review at 
any time.

ADDRESSES: This notice is available on the Internet at https://www.regulations.gov, and https://endangered.fws.gov/candidates/. 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 
Branch of Candidate Conservation, Arlington, VA (see address below), or 
on our Internet website (https://endangered.fws.gov/candidates/). Please submit any new information, materials, comments, or 
questions of a general nature on this notice to the Arlington, VA, 
address listed below. Please submit any new information, materials, 
comments, or questions pertaining to a particular species to the 
address of the Endangered Species Coordinator in the appropriate 
Regional Office listed in SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: The Endangered Species Coordinator(s) 
in the appropriate Regional Office(s) or Chief, Branch of Candidate 
Conservation, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, 
Room 420, Arlington, VA 22203 (telephone 703-358-2171; facsimile 703-
358-1735). Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 800-877-
8339.

SUPPLEMENTARY INFORMATION: We request additional status information 
that may be available for any of the 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 to consider including as candidates as we prepare 
future updates of this notice.
    You may submit your information concerning this notice in general 
or for any of the species included in this notice by one of the methods 
listed in the ADDRESSES section.
    Species-specific information and materials we receive will be 
available for public inspection by appointment, during normal business 
hours, at the appropriate Regional Office listed below in under Request 
for Information in SUPPLEMENTARY INFORMATION. General information we 
receive will be available at the Branch of Candidate Conservation, 
Arlington, VA (see address above).

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. A species may be indentified by us as a 
candidate for listing based on an evaluation of its status that we 
conducted on our own initiative, or as a result of making a finding on 
a petition to list a species that listing is warranted but precluded by 
other higher priority listing action (see the Petition Findings 
section, below).
    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 request 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 request

[[Page 57805]]

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 website, https://endangered.fws.gov/candidates/.

Previous Notices of Review

    We have been publishing candidate notices of review (CNOR) since 
1975. The most recent CNOR (prior to this CNOR) was published on 
December 10, 2008 (73 FR 75176). CNORs published since 1994 are 
available on our Internet website, https://www.fws.gov/endangered/candidates/. For copies of CNORs published prior to 1994, 
please contact the Branch of Candidate Conservation (see ADDRESSES 
section above).
    On September 21, 1983, we published guidance for assigning an LPN 
for each candidate species (48 FR 43098). Using this guidance, we 
assign each candidate an LPN of 1 to 12, depending on the magnitude of 
threats, immediacy of threats, and taxonomic status; the lower the LPN, 
the higher the listing priority (that is, a species with an LPN of 1 
would have the highest listing priority). Guidelines for such a 
priority-ranking guidance system is required under section 4(h)(3) of 
the Act (15 U.S.C. 1533(h)(3)). As explained below, in using this 
system we first categorize based on the magnitude of the threat(s), 
then by the immediacy of the threat(s), and finally by taxonomic 
status.
    Under this priority-ranking system, magnitude of threat can be 
either ``high'' or ``moderate to low.'' This criterion helps ensure 
that the species facing the greatest threats to their continued 
existence receive the highest listing priority. It is important to 
recognize that all candidate species face threats to their continued 
existence, so the magnitude of threats is in relative terms. When 
evaluating the magnitude of the threat(s) facing the species, we 
consider information such as: the number of populations and/or extent 
of range of the species affected by the threat(s); the biological 
significance of the affected population(s), taking into consideration 
the life-history characteristics of the species and its current 
abundance and distribution; whether the threats affect the species in 
only a portion of its range, and if so the likelihood of persistence of 
the species in the unaffected portions; and whether the effects are 
likely to be permanent.
    As used in our priority-ranking system, immediacy of threat is 
categorized as either ``imminent'' or ``nonimminent'' and is not a 
measure of how quickly the species is likely to become extinct if the 
threats are not addressed; rather, immediacy is based on when the 
threats will begin. If a threat is currently occurring or likely to 
occur in the very near future, we classify the threat as imminent. 
Determining the immediacy of threats helps ensure that species facing 
actual, identifiable threats are given priority for listing proposals 
over those for which threats are only potential or species that are 
intrinsically vulnerable to certain types of threats but are not known 
to be presently facing such threats.
    Our priority ranking system has three categories for taxonomic 
status: species that are the sole members of a genus; full species (in 
genera that have more than one species); and subspecies and distinct 
population segments of vertebrate species. We also apply this last 
category to species that are threatened or endangered in only 
significant portions of their ranges rather than their entire ranges.
    The result of the ranking system is that we assign each candidate a 
listing priority number of 1 to 12. For example, if the threat(s) is of 
high magnitude, with immediacy classified as imminent, the listable 
entity is assigned an LPN of 1, 2, or 3 based on its taxonomic status 
(i.e., a species that is the only member of its genus would be assigned 
to the LPN 1 category, a full species to LPN 2, and a subspecies, DPS, 
or a species that is threatened or endangered in only a significant 
portion of its range would be assigned to LPN 3). In summary, the LPN 
ranking system provides a basis for making decisions about the relative 
priority for preparing a proposed rule to list a given species. No 
matter which LPN we assign to a species, each species included in this 
notice as a candidate is one for which we have sufficient information 
to prepare a proposed rule to list it because it is in danger of 
extinction or likely to become endangered within the foreseeable future 
throughout all or a significant portion of its range.
    For more information on the process and standards used in assigning 
LPNs, a copy of the guidance is available on our website at: https://www.fws.gov/endangered/policy/. For more information on the 
LPN assigned to a particular species, the species assessment for each 
candidate contains the LPN chart and a rationale for the determination 
of the magnitude and imminence of threat(s) and assignment of the LPN; 
that information is summarized in this CNOR.
    This revised notice supersedes all previous animal, plant, and 
combined candidate notices of review.

Summary of This CNOR

    Since publication of the CNOR on December 10, 2008 (73 FR 75176), 
we reviewed the available information on candidate species to ensure 
that a proposed listing is justified for each species, and reevaluated 
the relative LPN 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 LPNs of 1, 2, or 3). This review and 
reevaluation ensures that we focus conservation efforts on those 
species at greatest risk first.
    In addition to reviewing candidate species since publication of the 
last CNOR, we have worked on numerous findings in response to petitions 
to list species, and on 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 under way (see Preclusion and Expeditious Progress, 
below, for details).
    Based on our review of the best available scientific and commercial 
information, with this CNOR we identify five new candidate species (see 
New Candidates, below), change the LPN for eight candidates (see 
Listing Priority Changes in Candidates, below) and determine that 
listing proposals are not warranted for four species and thus remove 
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 249 
species (including 110 plant and 139 animal species) are now candidates 
awaiting preparation of rules proposing their listing. These 249 
species, along with the 56 species currently proposed for listing 
(includes 1 species proposed for listing due to similarity in 
appearance), are included in Table 1.
    Table 2 lists the changes from the previous CNOR, and includes five 
species identified in the previous CNOR as either proposed for listing 
or classified as candidates that are no longer in those categories. 
This includes one species for which we published a final rule to list, 
plus the four species that we have determined do not warrant 
preparation of a rule to propose listing and therefore have been 
removed from candidate status in this CNOR.

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New Candidates

    Below we present a brief summary of one new mammal, one new fish, 
one new mussel, and two new plant candidates, which we are recognizing 
in this CNOR. 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 website (https://endangered.fws.gov/candidates/). For 
these 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., it met 
our definition of a candidate species). We also note below that three 
other species, yellow-billed loon, roundtail chub (Lower Colorado River 
Basin population), and Astragalus anserinus (Goose Creek milkvetch) 
were identified as candidates earlier this year as a result of a 
separate petition findings published in the Federal Register.

Mammals

    Florida bonneted bat (Eumops floridanus) - The following summary is 
based on information in our files. Endemic to south Florida, this 
species is known to occur at 12 locations, 5 on private land and 7 on 
public land. The entire population may number less than a few hundred 
individuals. Recent results from a rangewide acoustical survey found a 
small number of locations where calls were recorded, and low numbers of 
calls were recorded at each location. Few active roost sites are known; 
all are artificial (i.e., bat houses).
    Occurrences are threatened by loss and conversion of habitat to 
other uses and habitat alteration (e.g., removal of old trees with 
cavities, removal of manmade structures with suitable roosting sites); 
this threat is expected to continue and increase. Although occurrences 
on conservation lands are inherently more protected than those on 
private lands, habitat alteration during management practices may 
affect natural roosting sites even on conservation lands because the 
locations of any such sites are unknown. Therefore, occupied and 
potential habitat on forested or wooded lands, both private and public, 
continues to be at risk. The species is vulnerable to a wide array of 
natural and human factors: low population size, restricted range, low 
fecundity, distance between occupied locations, and small number of 
occupied locations. Such factors may make recolonization unlikely if 
any site is extirpated and make the species vulnerable to extinction 
due to genetic drift, inbreeding depression, extreme weather events, 
and random or chance changes to the environment. Where the species 
occurs in or near human dwellings or structures, it is at risk to 
persecution, removal, and disturbance. Disturbance from humans, either 
intentional or inadvertent, can occur at any of the occurrences of this 
bat on either private or conservation lands. Disturbance of maternity 
roosts is of particular concern due to this species' low fecundity and 
small population. Pesticide applications may be affecting its foraging 
base, especially in coastal areas.
    Due to its overall vulnerability, intense hurricanes are a 
significant threat; this threat is expected to continue or increase in 
the future. Intense storms can cause mortality during the storm, 
exposure to predation immediately following the storm, loss of roost 
sites, impacts on foraging areas and insect abundance, and disruption 
of the maternal period. Although disease is a significant threat for 
other bat species, it is not known to be a threat for the Florida 
bonneted bat at this time. The protection currently afforded the 
Florida bonneted bat is limited, provides little protection to the 
species' occupied habitat, and includes no provisions to protect 
suitable but unoccupied habitat within the vicinity of known colony 
sites. Overall, we find the magnitude of threats is high due to the 
severity of the threats on this species. We find that most of the 
threats are currently occurring and, consequently, overall, threats are 
imminent. Therefore, we assigned an LPN of 2 to this species.

Birds

    Yellow-billed loon (Gavia adamsii) - We previously announced 
candidate status for this species in a separate warranted-but-precluded 
12-month petition finding published on March 25, 2009 (74 FR 12931). 
Also, see summary below under ``Petition Findings.''

Fishes

    Roundtail chub (Lower Colorado River Basin DPS) (Gila robusta) - We 
previously announced candidate status for this species in a separate 
warranted- but-precluded 12-month petition finding published on July 7, 
2009 (74 FR 32351).
    Diamond darter (Crystallaria cincotta) - The following summary is 
based on information contained in our files. The diamond darter is a 
member of the Perch family (Percidae) that is generally translucent 
with silvery white on the ventral side of the body and head and has 
four wide olive-brown saddles on the back and upper side. The fish 
generally grows to between 73 to 77.3 millimeters (2.9 - 3.0 inches) in 
standard length. The species is a benthic invertivore (feeds on 
invertebrates) that inhabits moderate to large warm-water streams with 
moderate current and clean sand and gravel substrates.
    Historical records indicate that the diamond darter was distributed 
throughout the Ohio River Basin and that the range included the 
Muskingum River, Ohio; the Ohio River, Ohio; the Green River, Kentucky; 
and the Cumberland River Drainage, Kentucky and Tennessee. The species 
is currently only known to exist within a 36-kilometer (km) (22.4-mile 
(mi)) section of the lower Elk River in Kanawha and Clay Counties, West 
Virginia, and is considered extirpated from the remainder of the Ohio 
River Basin. Survey results and independent publications indicate that 
the diamond darter is very rare and that the remaining population 
within the Elk River is likely very small. Despite repeated and 
targeted survey efforts within the species' known range and preferred 
habitat in the Elk River, only 18 individuals have been collected in 
the last 29 years.
    The primary threats to the diamond darter are related to the 
present or threatened destruction, modification, or curtailment of its 
habitat or range. The Elk River Watershed is threatened with ongoing 
water-quality degradation and habitat loss from activities such as coal 
mining, oil and gas development, siltation from these and other 
sources, and inadequate sewage and wastewater treatment. The 
impoundment of rivers in the Ohio River Basin, such as the Kanawha, 
Ohio, and Cumberland, has eliminated much of the species' habitat and 
isolated the existing population from other watersheds that the species 
historically occupied. Invasive species have the potential to affect 
the Elk River and diamond darter habitat. The small size and restricted 
range of the remaining diamond darter population make it particularly 
susceptible to the effects of genetic inbreeding, as well as potential 
extirpation from spills and other catastrophic events. The species is 
vulnerable to overutilization for scientific purposes; however, the 
significance of this threat has been reduced and can be further 
minimized through the administration of existing scientific collecting 
permit procedures. Existing Federal and State regulatory mechanisms do 
not currently provide protections for the species or its habitat.

[[Page 57807]]

    The threats to the diamond darter are high in magnitude, in that 
the entire current range of the species is potentially affected, and 
the effects of the threats severely affect the reproductive capacity 
and can result in total mortality. The threats to the species are 
imminent and ongoing. Activities that pose a threat to the species 
already exist within the watershed and are expected to continue. Based 
on imminent threats of a high magnitude, we assigned an LPN of 2 to 
this species.

Clams

    Rabbitsfoot (Quadrula cylindrica cylindrical) - The following 
summary is based on information in our files. The rabbitsfoot is a 
freshwater mussel native to Alabama, Arkansas, Georgia, Illinois, 
Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Ohio, 
Oklahoma, Pennsylvania, Tennessee, and West Virginia. The species has 
disappeared from 5 of 6 rivers in the Lower Great Lakes sub-basin, 47 
of 64 rivers in the Ohio River system, 10 of 12 rivers in the 
Cumberland River basin, 14 of 19 rivers in the Tennessee River system, 
2 of 5 rivers in the Lower Mississippi River sub-basin, 3 of 12 rivers 
in the White River system, 4 of 8 rivers in the Arkansas River system, 
and 4 of 11 rivers in the Red River system, representing approximately 
a 65-percent decline of its range. Total range reduction (river miles) 
and overall population loss for the rabbitsfoot may approach, if not 
exceed, 90 percent. Of the 49 extant populations, 10 populations are 
considered to be viable in the longterm.
    Population declines continue in most of the species' range, and 
numerous threats, including water-quality degradation, loss of stable 
substrates, sedimentation, channelization, gravel mining, dredging, and 
impoundments, are affecting the few remaining sustainable extant 
populations. The small size of most of the remaining rabbitsfoot 
populations exacerbates the threats and adverse effects of chance 
events to rabbitsfoot.
    Threats to the continued existence of rabbitsfoot include exotic 
species, especially zebra mussels; delivery and deposition of fine 
sediments; small population sizes; isolation of populations; livestock 
grazing; wastewater effluents; mine runoff; unstable and coldwater 
flows downstream of dams; gravel mining; and channel dredging. In 
addition, the rabbitsfoot, like many other fresh-water mussels, 
requires a fish host to transport it larvae, and the fish host of 
rabbitsfoot is unknown for the eastern portion of its range; thus, 
artificial propagation of the rabbitsfoot to reestablish the species in 
restored habitats and to maintain non-reproducing populations is not 
possible, nor is focused conservation of its fish host. Although there 
are ongoing attempts to alleviate some of these threats at some 
locations, there appear to be no populations without significant 
threats and many threats are without obvious or readily available 
solutions. The threats described above have led to the species being 
intrinsically vulnerable to extirpation.
    Due to the number of extant populations and relatively broad 
distribution, the threats to rabbitsfoot are of moderate magnitude. 
Although some of the threats are nonimminent, most are ongoing and, 
therefore, overall, the threats are imminent. Thus, we assigned an LPN 
of 9 to this subspecies.

Flowering Plants

    Astragalus anserinus (Goose Creek milkvetch) - We previously 
announced candidate status for this species in a separate warranted-
but-precluded 12-month petition finding published on September 10, 2009 
(74 FR 46521).
    Leavenworthia exigua var. laciniata (Kentucky gladecress) - The 
following summary is based on information in our files. Kentucky 
gladecress is a winter annual that is adapted to environments with 
shallow soils interspersed with flat-bedded limestones. The natural 
habitat for Kentucky gladecress is cedar glades, but the variety is 
also known from overgrazed pastures, eroded shallow-soil areas with 
exposed bedrock, and areas where the soil has been scraped off the 
underlying bedrock. The variety does not appear to compete well with 
other vegetation and is shade intolerant. Currently, there are 
approximately 55 occurrences in Jefferson and Bullitt Counties, 
Kentucky, but at least 39 of these occurrences are of poor quality with 
low numbers of plants and degraded conditions.
    Populations of this variety are now located primarily in modified 
habitats such as pastureland, roadside rights of way, and cultivated or 
plowed fields. These populations are threatened by further habitat 
destruction (conversion from rural to residential land use), herbicide 
use, overgrazing, and competition. Some populations continue to occupy 
natural glade habitats, but these habitats are remnant in nature and 
continue to be affected by agricultural and residential conversion. The 
variety's primary threat, habitat destruction due to residential and 
commercial development, is widespread and has the potential to affect 
the entire range of the variety. The effects of the threat are also 
permanent. Therefore, these threats are high in magnitude. These 
threats are imminent because the conversion from rural to residential 
land use is ongoing. Consequently, we assigned an LPN of 3 to this 
plant variety.

Ferns and Allies

    Trichomanes punctatum ssp. floridanum (Florida bristle fern) - The 
following summary is based on information in our files. The Florida 
bristle fern has been reduced to four, or possibly five, small, 
isolated occurrences: Three occur in Miami-Dade County and two in 
Sumter County. In Miami-Dade County, it has been found exclusively in 
solution holes in oolitic limestone and rocky outcrops in rockland 
hammocks. In Sumter County, plants occur in a mesic/hydric hammock on 
shaded limestone boulders.
    Most sites where Florida bristle fern once occurred in Miami-Dade 
County have been lost; few rockland hammocks remains outside of 
Everglades National Park. Impacts from regional water drainage in 
Miami-Dade County are severe, and currently occurring. Regional 
drainage in remaining habitat has probably been a stressor that has 
contributed to extirpations and population declines. Resulting drops in 
ambient humidity in the habitat may limit reproduction and health of 
populations over the longterm. Such changes in humidity may cause 
extirpations or make plants more vulnerable to other stressors (e.g., 
periodic long-term droughts, hurricanes). Climatic changes and sea-
level rise are future, long term threats that are expected to affect 
habitat and ultimately reduce the extent of available habitat in Miami-
Dade County. Agricultural conversion and development are currently 
occurring in Sumter County, placing any undocumented occurrences and 
suitable habitat at risk. Since a full survey of suitable habitats for 
the Florida bristle fern has never been conducted in Sumter County, we 
cannot determine the full extent of losses of this species due to 
habitat destruction and modification. All known extant occurrences are 
located on conservation lands; however, there is potential, especially 
in Sumter County, for the species to occur on private lands. Together, 
the extant occurrences contain fewer than 1,000 plants. Many plants are 
probably clones, so there may be limited genetic diversity within 
sites. Because there are few occurrences, populations contain few 
plants, and

[[Page 57808]]

genetic variability is low, the species is inherently at risk due to 
stochastic events. Droughts, tropical storms, and hurricanes are 
threats; Hurricane Andrew may have played a role in the extirpation of 
the species from two sites. Since there are few occurrences remaining, 
the species is threatened with extinction during these events. Invasive 
exotic plants are also a threat, but may be reduced due to active 
programs by Miami-Dade County and the State. The extent to which fungus 
is a threat to wild populations is unknown. Overall, the magnitude of 
threats is high, and most threats are occurring and are, therefore, 
imminent. Consequently, we assigned this subspecies an LPN of 3.

Listing Priority Changes in Candidates

    We reviewed the LPN for all candidate species and are changing the 
numbers for the following species discussed below. Some of the changes 
reflect actual changes in either the magnitude or imminence of the 
threats. For some species, the LPN change reflects efforts to ensure 
national consistency as well as closer adherence to the 1983 guidelines 
in assigning these numbers, rather than an actual change in the nature 
of the threats.

Birds

    Elfin-woods warbler (Dendroica angelae) - The elfin-woods warbler 
is a small entirely black and white warbler, distinguished by its white 
eyebrow stripe, white patches on ear covers and neck, incomplete eye 
ring, and black crown. The elfin-woods warbler was at first thought to 
occur only in the high-elevation dwarf or elfin forests of Puerto Rico, 
but has since been found at lower elevations including shade coffee 
plantations and secondary forests. This species builds a compact cup 
nest, usually close to the trunk and well hidden among the epiphytes of 
a small tree, and its breeding season extends from March to June. It 
forages in the middle part of trees, gleaning insects from leaves in 
the outer portion of the tree crown. The elfin-woods warbler has been 
documented from four locations in Puerto Rico: Luquillo Mountains, 
Sierra de Cayey, and the Commonwealth forests of Maricao and Toro 
Negro. However, it has not been recorded again in Toro Negro and Cayey 
since the passing of Hurricane Hugo in 1989. In 2003 and 2004, surveys 
were conducted for the elfin-woods warbler in the Carite Commonwealth 
Forest, Toro Negro Forest, Guilarte Forest, Bosque del Pueblo, Maricao 
Forest and the El Yunque National Forest (Luquillo Mountains), but the 
species was detected only in the latter two. In the Maricao 
Commonwealth Forest, 778 elfin-woods warblers were recorded, and in the 
El Yunque National Forest, 196 were recorded.
    The elfin-woods warbler is threatened by habitat modification. 
Destruction of elfin forest and Podocarpus forest by the installation 
of infrastructure (telecommunication towers and recreational 
facilities) threatens the long-term survival of this species. Loss of 
this type of habitat has been curtailed but potential for loss still 
exists due to Commonwealth agencies other than Department of Natural 
and Environmental Resources potentially installing these structures. 
Furthermore, restoration of this habitat would take a few decades to 
complete. Present regulatory processes, both Commonwealth and Federal, 
promote the protection of these areas. Conversion of elfin-woods 
warbler habitat of better quality (e.g., mature secondary forests, 
young secondary forests, and shade-coffee plantations) along the 
periphery of the Maricao Commonwealth Forest to marginal habitat (e.g., 
pastures, dry slope forests, residential rural forests, gallery 
forests, and sun-coffee plantations) may result in ineffective 
corridors for dispersal and expansion of the elfin-woods warbler. 
Although there is an effort to restore sun-coffee plantations to shade-
coffee habitat, other habitats adjacent to the Maricao Forest may still 
be affected by residential development. We previously assessed the LPN 
as a 5 (high magnitude, nonimminent threats). Our analysis of the five 
listing factors revealed that only factors A and D applied to the 
species. Although habitat modification is occurring, it is limited, as 
the species is found mostly on protected lands managed by the 
Commonwealth and Federal agencies. We found no indication that the two 
populations of elfin-woods warbler are declining in numbers. We also 
found that the species can thrive in disturbed and plantation habitats, 
and rebounds and recovers well, in a relatively short time, from the 
damaging effects of hurricanes to the forest structure. Therefore, we 
have determined that the magnitude of threats is moderate to low 
because the severity of the threats on the species is not as great as 
we previously believed and most of the range of the elfin-woods warbler 
is within protected lands. The threats are not currently occurring in 
most of the warbler's habitat; therefore, the threats are nonimminent. 
As a result, we have changed the LPN from a 5 to an 11 for this 
species.

Fish

    Pearl darter (Percina aurora) - Little is known about the specific 
habitat requirements or natural history of the Pearl darter. Pearl 
darters have been collected from rivers and streams with a variety of 
attributes, but are mainly found over gravel-bottom substrate. This 
species is historically known only from localized sites within the 
Pascagoula and Pearl River drainages in two States. Currently, the 
Pearl darter is considered extirpated from the Pearl River drainage and 
rare in the Pascagoula River drainage. Since 1983, the range of the 
Pearl darter has decreased by 55 percent.
    The Pearl darter is vulnerable to non-point source pollution caused 
by urbanization and other land use activities; gravel mining and 
resultant changes in river geomorphology, especially head cutting; and 
the possibility of water reductions casused by the proposed Department 
of Energy Strategic Petroleum Reserve project and a proposed dam on the 
Bouie River. Additional threats are posed by the apparent lack of 
adequate State and Federal water-quality regulations due to the 
continuing degradation of water quality within the species' habitat. 
The pearl darter's localized distribution and apparent low population 
numbers may indicate a species with lower genetic diversity and would 
also make this species more vulnerable to catastrophic events. 
Reevaluation of the threats affecting the pearl darter has indicated 
that a change in the Listing Priority Number is warranted. Threats 
affecting the pearl darter are localized in nature, affecting portions 
of the population within the drainage. Thus, a threat magnitude of 
moderate to low is a more appropriate category in this situation. In 
addition, since the identified threats are currently affecting this 
species in these portions of its range, the threats are imminent. 
Therefore, we have changed the LPN from a 5 to an 8 to reflect this 
reevaluation.

Clams

    Neosho mucket (Lampsilis rafinesqueana) - The Neosho mucket is a 
freshwater mussel native to Arkansas, Kansas, Missouri, and Oklahoma. 
The species has been extirpated from approximately 62 percent (835 
river miles) of its range, primarily in Kansas and Oklahoma. The Neosho 
mucket survives in four river drainages, however, only one of these, 
the Spring River, currently supports a relatively large population.
    Significant portions of the historical range have been inundated by 
the

[[Page 57809]]

construction of at least 11 dams. Channel instability downstream of 
these dams has further reduced suitable habitat and mussel 
distribution. Range restriction and population declines have occurred 
due to habitat degradation attributed to urbanization, impoundments, 
mining, sedimentation, and agricultural pollutants. Rapid development 
and urbanization in the Illinois River watershed will likely continue 
to increase channel instability, sedimentation, and eutrophication to 
this river. The rapid collapse of the entire mussel community, 
including Neosho mucket, since 2005 in the Arkansas portion of the 
Illinois River threatens to extirpate the species from approximately 30 
river miles in the very near future. The Illinois River once 
represented one of the two viable populations, but continued viability 
of this stream population is doubtful and extirpation is imminent. The 
remaining extant populations are vulnerable to random catastrophic 
events (e.g., flood scour, drought, toxic spills), land-use changes 
within the limited range, and genetic isolation and the deleterious 
effects of inbreeding. These threats have led to the species being 
intrinsically vulnerable to extirpation. Although State regulations 
limit harvest of this species, there is little protection for habitat. 
The threats are high in magnitude because of their severity on this 
species, and they occur throughout the range. The majority of the 
threats are ongoing and thus imminent. Thus, we changed the LPN from a 
5 to a 2 for this species.

Insects

    Miami blue butterfly (Cyclargus thomasi bethunebakeri) - The Miami 
blue is endemic to south Florida. Historically, it occurred throughout 
the Florida Keys, north to Hillsborough and Volusia Counties. It is 
presently located at two sites in the Keys. In 1999, a metapopulation 
was discovered at Bahia Honda State Park (BHSP) on Bahia Honda Key and 
in 2006 a second metapopulation was discovered on the outer islands of 
Key West National Wildlife Refuge (KWNWR). The BHSP metapopulation 
appears restricted to a couple hundred individuals at most; the KWNWR 
metapopulation was believed to be several hundred in 2006-2007, but 
appears to be lower in abundance now. Capacity to expand at either site 
or successfully emigrate from either site appears to be very low due to 
the sedentary nature of the butterfly and isolation of habitats. 
Reintroduction efforts have not been successful. The Miami blue is 
predominantly a coastal species, occurring in disturbed and early 
successional habitats such as the edges of tropical hardwood hammock, 
coastal berm forest, and along trails and other open sunny areas, and 
historically in pine rocklands. These habitats provide host plants for 
larvae and nectar sources for adults in close proximity, as the species 
requires.
    Major threats to the butterfly include few occurrences, limited 
population size and range, hurricanes, mosquito control activities, and 
herbivory of hostplants by iguanas. Damage to hostplants from iguanas 
at BHSP is a new, ongoing, significant threat; although active steps 
are being taken by the State, this metapopulation is now at risk. 
Climatic changes and sea-level rise are long-term threats that will 
reduce the extent of habitat. Accidental harm or habitat destruction 
and illegal collection may also pose threats to the survival due to 
small population sizes. Loss of genetic diversity within the small and 
isolated populations may be occurring. The survival of the Miami blue 
depends on protecting the species' currently occupied habitat from 
further degradation and fragmentation; restoring potentially suitable 
habitat within its historical range; avoiding or removing threats from 
fire suppression, mosquito control, and accidental harm from humans; 
increasing the current population in size; and establishing populations 
at other locations. The threats are high in magnitude and constitute a 
significant risk to the subspecies. Given that the new threat from 
iguanas and other threats (hurricanes, few occurrences, and small 
population size) are ongoing, the threats are imminent. Therefore, we 
changed the LPN from a 6 to a 3.

Flowering plants

    Helianthus verticillatus (whorled sunflower) - The whorled 
sunflower is found in moist, prairie-like openings in woodlands and 
along adjacent creeks. Despite extensive surveys throughout its range, 
only five populations are known for this species. There are two 
populations documented for Cherokee County, Alabama; one population in 
Floyd County, Georgia; and one population each in Madison and McNairy 
Counties, Tennessee. This species appears to have restricted ecological 
requirements and is dependent upon the maintenance of prairie-like 
openings for its survival. Active management of habitat is needed to 
keep competition and shading under control. Much of its habitat has 
been degraded or destroyed for agricultural, silvicultural, and 
residential purposes. Populations near roadsides or powerlines are 
threatened by herbicide usage in association with right-of-way 
maintenance. The majority of the Georgia population is protected due to 
its location within a conservation easement area; however, only 15 to 
20 plants are estimated to occur at this site. The remaining four sites 
are not formally protected, but efforts have been taken to abate 
threats associated with highway right-of-way maintenance at one Alabama 
population; and, despite past concerns about threats from timber 
removal degrading H. verticillatus habitat, the other Alabama 
population has responded favorably to canopy removal that took place 
circa 2001. Because of this, the threats are of moderate magnitude. The 
threats are currently occurring, and therefore imminent. To help ensure 
consistency in the application of our listing priority process, we 
changed the LPN from a 5 to an 8 for this species.
    Lesquerella globosa (Short's bladderpod) - Short's bladderpod is a 
perennial member of the mustard family that occurs in Indiana (1 
location), Kentucky (6 locations), and Tennessee (22 locations). It 
grows on steep, rocky, wooded slopes; talus areas, along cliff tops and 
bases; and on cliff ledges. It is usually associated with south-to-
west-facing calcareous outcrops adjacent to rivers or streams. Road 
construction and road maintenance have played a significant role in the 
decline of L. globosa. Specific activities that have affected the 
species in the past and continue to threaten it include bank 
stabilization, herbicide use, mowing during the growing season, grading 
of road shoulders, and road widening or repaving. Sediment deposition 
during road maintenance or from other activities also potentially 
threatens the species. Because the natural processes that maintained 
habitat suitability and competition from invasive nonnative vegetation 
have been interrupted at many locations, active habitat management is 
necessary at those sites. The threats from roadside maintenance and 
habitat alterations by invasive plant encroachment are moderate in 
magnitude, as they are not affecting all locations of this species. 
However, the threats are currently occurring, and therefore imminent. 
To help ensure consistency in the application of our listing priority 
process, we changed the LPN from a 5 to an 8 for this species.
    Physaria douglasii ssp. tuplashensis (White Bluffs bladderpod) - In 
previous Candidate Notices of Review, we referred to P. douglasii ssp. 
tuplashensis as P. tuplashensis. We have now dropped that name because 
the paper that recommended its use was never published. As a result, we 
are following

[[Page 57810]]

the treatment of a 2002 published scientific paper that recognized the 
White Bluffs bladderpod as Physaria douglassii ssp. tuplashensis.
    White Bluffs bladderpod is a low-growing, herbaceous, short-lived 
perennial plant in the Brassicaceae (mustard) family. Historically and 
currently, White Bluffs bladderpod (P. douglasii ssp. tuplashensis) has 
been known from only a single population that occurs along the White 
Bluffs of the Columbia River in Franklin County, Washington. The entire 
range of the species is a narrow band, approximately 33 feet (10 
meters) wide by 10.6 miles (17 km) long, at the upper edge of the 
bluffs. The species occurs only on cemented, highly alkaline, calcium 
carbonate paleosol (a ``caliche'' soil) and is believed to be a 
``calciphile.''
    Approximately 35 percent of the known range of the species has been 
moderately to severely affected by landslides, an apparently permanent 
destruction of the habitat. The entire population of the species is 
down slope of irrigated agricultural land, the source of the water 
seepage causing the mass failures and landslides. However, the southern 
portion is the closest to the agricultural land and the most affected 
by landslides. Other significant threats include use of the habitat by 
recreational off-road vehicles which destroy plants, and the presence 
of invasive nonnative plants that compete with P. douglassii ssp. 
tuplashensis for resources (light, water, nutrients). Additionally, the 
increasing presence of invasive nonnative plants may alter fire regimes 
and potentially increase the threat of fire to the P. douglasii ssp. 
tuplashensis population. As a result of a fire in 2007, there is a 
higher probability that invasion of these nonnatives will occur. We 
reanalyzed the magnitude and imminence of the threats, which resulted 
in a change in the LPN for P. douglasii ssp. tuplashensis. The threats 
to the population from landslides and the recreational off-road vehicle 
use are currently occurring and will continue to occur in the future. 
In addition, invasion by nonnative plants is currently occurring, and 
with the 2007 fire that occurred in the area of the existing 
population, invasive plants will likely spread and increase throughout 
the burned area of the population. We have therefore determined that 
these threats are imminent. Although approximately 35 percent of the 
population is severely affected by landslides in the southern portion 
of the range, the likelihood of the persistence of the population in 
the unaffected northern portion appears to be relatively high. 
Currently, we know of no plans to expand or significantly modify the 
existing agriculture activities in areas adjacent to the population. In 
addition, deliberate modification of the species' immediate habitat is 
unlikely due to its location and 85 percent having Federal ownership. 
Even though off-road vehicle use is prohibited on the monument, 
intermittent, ongoing use does occur. However, these activities, 
although they are ongoing, are mainly confined to the upper portion of 
the White Bluffs where few P. tuplashensis plants occur, so there is 
low to moderate threat to the species from these activities. Invasive 
plants are present in the vicinity, but have not yet been described as 
a significant problem. While P. douglasii ssp. tuplashensis is 
inherently vulnerable because it is a narrow endemic, the magnitude of 
the threats to the population is moderate. The threats are currently 
occurring, and therefore imminent. To help ensure consistency in the 
application of our listing priority process and to recognize the 
correct taxonomic name, we changed the LPN from a 5 to a 9 for this 
subspecies.
    Platanthera integrilabia (White fringeless orchid) - Platanthera 
integrilabia is a perennial herb that grows in partially but not fully 
shaded, wet, boggy areas at the heads of streams and on seepage slopes 
in Alabama, Georgia, Kentucky, and Tennessee. Historically, there were 
at least 90 populations of P. integrilabia. Currently there are 
approximately 50 extant sites supporting the species.
    Several populations have been extirpated due to road, residential, 
and commercial construction and projects that altered soil and site 
hydrology such that suitability for the species was reduced. Several of 
the known populations are in or adjacent to powerline rights of way. 
Mechanical clearing of these areas may benefit the species by 
maintaining adequate light levels; however, the indiscriminant use of 
herbicides in these areas could pose a significant threat to the 
species. All-terrain vehicles have damaged several sites and pose a 
threat at most sites. Most of the known sites for the species occur in 
areas that are managed specifically for timber production. Timber 
management is not necessarily incompatible with the protection and 
management of the species, but care must be taken during timber 
management to ensure that the hydrology of the bogs that support the 
species is not altered. Natural succession can result in decreased 
light levels. Because of the species' dependence upon moderate to high 
light levels, some type of active management to prevent complete canopy 
closure is required at most locations. Collecting for commercial and 
other purposes is a potential threat. Herbivory (primarily by deer) 
threatens the species at several sites. Due to the alteration of 
habitat and changes in natural conditions, protection and recovery of 
this species is dependent upon active management rather than just 
preservation of habitat. Invasive, nonnative plants such as Japanese 
honeysuckle and kudzu threaten several sites. Upon review of current 
listing guidance and threats affecting the species, we have revised the 
LPN to reflect the fact that threats are currently operating at most 
sites and are therefore imminent. While the threats are widespread, 
however, the impact of those threats on the species survival is 
moderate in magnitude. Several of the sites are protected to some 
degree from the threats by being within State parks, national forests, 
wildlife management areas, or other protected land. As a result, we 
changed the LPN from a 5 to an 8 for this species.

Candidate Removals

    As summarized below, we have evaluated the threats to the following 
four species and considered factors that, individually and in 
combination, currently or potentially could pose a risk to these 
species and their habitat. After a review of the best available 
scientific and commercial data, we conclude that listing these four 
species under the Endangered Species Act is not warranted because the 
species are not likely to become endangered species within the 
foreseeable future throughout all or a significant portion of their 
range. Therefore, for each of these species we find that proposing a 
rule to list it is not warranted, and we no longer consider it to be a 
candidate species for listing. We will continue to monitor the status 
of these species, and to accept additional information and comments 
concerning this finding. We will reconsider our determination for each 
species in the event that new information indicates that the threats to 
the species are of a considerably greater magnitude or imminence than 
identified through assessments of information contained in our files, 
as summarized here.

Snails

    Fat-whorled pondsnail (Stagnicola bonnevillenis) - The fat-whorled 
pondsnail, also known as the Bonneville pondsnail, was thought to occur 
in only four spring pools north of the Great Salt Lake in Box Elder 
County, Utah. Additional surveys found Lymnaeid snails including S. 
bonnevillensis-like

[[Page 57811]]

shells in springs throughout the playa. New information shows that 
shell characteristics vary greatly with environmental conditions. 
Because the fat-whorled pondsnail was classified based only on the 
shell appearance, the taxonomy is questionable. Because of 
uncertainties surrounding the validity of S. bonnevillensis as a 
species, we evaluated all Stagnicola sp. inhabiting the spring pools 
previously thought to be occupied by S. bonnevillensis. The primary 
threat to these pools has been chemical contamination of the 
groundwater. Significant actions have been taken to remediate this 
threat, including implementing corrective actions to track and 
remediate groundwater contamination, implementation of a site 
management plan, and development of a groundwater model and risk 
assessment. The plan has been implemented, and conservation measures 
are currently being monitored for effectiveness. These efforts have 
been under way for a sufficient period to effectively eliminate the 
threat from contamination. We know of no other threats to the springs 
in the range of S. bonnevillensis. Based on findings and analysis in 
our updated assessment, we conclude that this species in not likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range, and listing this species 
under the Endangered Species Act is therefore not warranted. The 
species no longer meets our definition of a candidate, and we have 
removed it from candidate status.

Crustaceans

    Troglobitic groundwater shrimp (Typhlatya monae) - Typhlatya monae 
is a small subterranean small shrimp known from Puerto Rico, Barbuda, 
and the Dominican Republic. It is classified as a troglobite, or 
obligatory cave organism, of which its most extraordinary feature is 
the reduction or loss of vision and pigmentation. T. monae feeds on 
organic waste material and debris, such as bat guano. Little is known 
concerning the status of T. monae in either Barbuda or Dominican 
Republic and we are not aware of any threats to this species in those 
locations. This species was discovered on Mona Island, in Puerto Rico 
but was later found on the Puerto Rico mainland in three caves within 
the Gu[aacute]nica Commonwealth Forest in the municipalities of 
Gu[aacute]nica, Yauco, and Guayanilla. Although the species was not 
found on Mona Island during surveys conducted in 1974 and 1995, the 
species may still be found in the reef deposit aquifers in Mona Island 
that have not yet been surveyed.
    In 1995, the total population was estimated to be close to 2,000 
individuals; over 95 percent of these were observed in one cave. 
Although no systematic censuses have been conducted since 1995, the 
Service has recently documented the presence of the species in all 
three mainland caves and obtained information from Puerto Rico 
Commonwealth Forest personnel regarding two additional caves in which 
the species may occur.
    In past reviews, we determined that the species was threatened by 
habitat disturbance, human-induced fires, hurricanes and floods. 
However, the Gu[aacute]nica Commonwealth Forest and Mona Island Natural 
Reserve are managed for conservation by the Puerto Rico Department of 
Natural and Environmental Resources (DNER). Caves in the Gu[aacute]nica 
Forest are closed to public visitors; therefore, habitat modification 
and disturbance, and human-induced fires are not anticipated. Caves on 
Mona Island are seldom visited, and adverse effects to these areas have 
not been documented. The species is located in pools inside caves, and 
underground waters; thus, we do not anticipate impacts from hurricanes. 
Typhlatya monae was first described in Mona Island from el Pozo Del 
Portuguez and from a deep well close to the airport. At the present 
time, the use of this well is limited to DNER staff; therefore, 
additional extraction of underground waters is not expected. Currently, 
the DNER utilizes water cisterns and commercial potable water as 
alternate water sources. The species is protected by Regulation 
6766 (``Reglamento para Regir las Especies Vulnerables y en 
Peligro de Extinci[ouml]n en el Estado Libre Asociado de Puerto 
Rico''), adopted in 2004 by the Commonwealth of Puerto Rico. Under 
Regulation 6766, T. monae is listed as Critically Endangered 
(CR). Regulation 6766 prohibits collecting, killing, or 
harming listed species. We conclude that this species in not likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range, and listing this species 
under the Endangered Species Act is not warranted. The species no 
longer meets our definition of a candidate, and we have removed it from 
candidate status.

Flowering Plants

    Calliandra locoensis (no common name) - Calliandra locoensis is a 
spiny, leguminous shrub currently known from five localities within the 
Susu[aacute] Commonwealth Forest in the municipalities of Yauco and 
Sabana Grande, in southwestern Puerto Rico. This species is endemic to 
Puerto Rico, and was discovered in 1991 during a study of the flora of 
the Susu[aacute] Commonwealth Forest; it was described by Garci[aacute] 
and Kolterman in 1992. Calliandra locoensis is found on shallow, 
serpentine soils with low nutrients, high drainage, and low fertility. 
In 2007, local botanists reported 3 populations with approximately 
1,600 adult plants and numerous seedlings in 5 localities indicating 
that the number of adult individuals has doubled and the number of 
localities has increased since surveys conducted in 1998.
    In previous reviews, we determined that the species was threatened 
by forest-management practices (accidental trampling, brush clearing, 
trail maintenance), forest fires (natural or manmade), catastrophic 
natural events (hurricanes, floods, mudslides), and restricted 
distribution. We now find that this species is not currently threatened 
by forest management practices. The species is currently considered as 
a critical element under the Puerto Rico Department of Natural and 
Environmental Resources Natural Heritage Program; consequently 
activities conducted in the forest are generally scrutinized and 
measures to minimize or avoid impacts to species are recommended and 
implemented. The Susu[aacute] Commonwealth Forest is also protected by 
Law 133 and has been designated as a Critical Wildlife Area. 
We also previously indicated that this species was vulnerable to 
hurricanes and human-induced fires. Plants endemic to the Caribbean are 
naturally adapted to the impact of hurricanes (the species usually lose 
their leaves for a certain period of time, but recover them later). 
Although hurricanes are common occurrences in Puerto Rico, damage to 
this species by hurricanes has not been reported in any of the 
currently known populations in the last decade. Surveys have indicated 
that despite hurricanes occurring in the areas where C. locoensis 
exists, the number of adult individuals has doubled, the number of 
localities has increased, evidence suggests that the species is 
successfully reproducing. Thus, we have determined that hurricanes are 
not a threat. The currently known populations are not located near the 
roads of the forest, which are more vulnerable to fires and DNER 
implements a fire prevention plan within the forest, particularly 
during the dry season; therefore, fire is not a threat to the species. 
We conclude that this species in not likely to become

[[Page 57812]]

an endangered species within the foreseeable future throughout all or a 
significant portion of its range, and listing this species under the 
Endangered Species Act is not warranted. The species no longer meets 
our definition of a candidate, and we have removed it from candidate 
status.
    Calyptranthes estremerae (no common name) - Calyptranthes 
estremerae is a small tree from the subtropical moist forest of 
northwestern Puerto Rico, in the municipalities of Camuy, Utuado, and 
Arecibo. Calyptranthes estremerae was only known from several 
individuals found near the recreation area adjacent to the Rio Camuy 
Cave Park. At present time, about 100 individuals of C. estremerae are 
estimated for the Camuy Cave Park area, Rio Abajo Commonwealth Forest 
(managed by the Puerto Rico Department of Natural and Environmental 
Resources (DNER)), and a privately owned farm in Sabana Hoyos, Arecibo.
    We have found that this species is no longer threatened by the 
expansion of recreation facilities within Cavernas de Camuy Park and 
Rio Abajo Commonwealth Forest, as there are no plans to expand such 
facilities. In addition, the Rio Abajo Commonwealth Forest has a 
management plan in place that emphasizes protection and conservation of 
species classified under DNER as critical, threatened, or endangered 
and their habitat; C. estremerae is classified as a critical element by 
DNER. Furthermore, actions that may affect such classified species are 
generally scrutinized, and measures to minimize or avoid impacts to 
these species are recommended and implemented. The Rio Abajo 
Commonwealth Forest is also protected by designation as a Critical 
Wildlife Area. In previous assessments, we indicated that the small 
number of individuals of C. estremerae in the two populations, along 
with the species' limited distribution made this species vulnerable to 
potential catastrophic natural (hurricanes) and manmade (fires) events. 
However, damage by hurricanes has not been reported in any of the 
currently known populations. In addition, because the species exists in 
the subtropical moist forest life zone, the threat of human-induced 
fires is low; further, the DNER implements an islandwide fire 
prevention plan in public forests. Therefore, fires are currently not a 
threat to this species. We conclude that this species in not likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range, and listing this species 
under the Endangered Species Act is not warranted. The species no 
longer meets our definition of a candidate, and we have removed it from 
candidate status.

Petition Findings

    The Act provides two mechanisms for considering species for 
listing. One method allows the Secretary, on his own initiative, to 
identify species for listing under the standards of section 4(a)(1). We 
implement this through the candidate program, discussed above. The 
second method for listing a species provides a mechanism for the public 
to petition us to add a species to the Lists. Under section 4(b)(3)(A), 
when we receive such a petition, we must determine within 90 days, to 
the maximum extent practicable, whether the petition presents 
substantial information that listing may be warranted (a ``90-day 
finding''). If we make a positive 90-day finding, we must promptly 
commence a status review of the species under section 4(b)(3)(A); we 
must then make and publish one of three possible findings within 12 
months of the receipt of