Endangered and Threatened Wildlife and Plants; Review of Species That Are Candidates for Listing as Endangered or Threatened; Annual Notification of Findings on Resubmitted Petitions; Annual Description of Progress on Listing Actions, 41560-41585 [2023-13577]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Proposed Rules]
[Pages 41560-41585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13577]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2022-0174; FF09E21000 FXES1111090FEDR234]


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notification 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 that we regard as candidates for or have proposed for 
addition to the Lists of Endangered and Threatened Wildlife

[[Page 41561]]

and Plants under the Endangered Species Act of 1973, as amended. This 
document also includes our findings on resubmitted petitions and 
describes our progress in revising the Lists of Endangered and 
Threatened Wildlife and Plants (Lists) during the period October 1, 
2021, through September 30, 2022. 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 23 (as of September 30, 2022). Identification of candidate 
species can assist environmental planning efforts by providing advance 
notice of potential listings, and by allowing landowners, resource 
managers, States, Tribes, range countries, and other stakeholders to 
take actions 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 
earlier candidate conservation measures to alleviate threats to the 
species.

DATES: We are publishing this document on June 27, 2023. We will accept 
information on any of the species in this document at any time.

ADDRESSES:  This document is available on the internet at https://www.regulations.gov.
    Species assessment forms with information and references on a 
particular candidate species' range, status, habitat needs, and listing 
priority assignment are available for review on our website (https://ecos.fws.gov/tess_public/reports/candidate-species-report). Please 
submit any new information, materials, comments, or questions of a 
general nature on this document to the address listed under FOR FURTHER 
INFORMATION CONTACT. Please submit any new information, materials, 
comments, or questions pertaining to a particular species to the 
address of the Regional Director or Branch Chief in the appropriate 
office listed under Request for Information in SUPPLEMENTARY 
INFORMATION.

FOR FURTHER INFORMATION CONTACT: Caitlin Snyder, Chief, Branch of 
Domestic Listing, U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg 
Pike, Falls Church, VA 22041-3803 (telephone: 703-358-2673). 
Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: 

Background

    The Endangered Species Act of 1973 (Act; 16 U.S.C. 1531 et seq.), 
as amended, requires that we identify species of wildlife and plants 
that are endangered or threatened based solely on the best scientific 
and commercial data available. As defined in section 3 of the Act, an 
endangered species is any species that is in danger of extinction 
throughout all or a significant portion of its range, and a threatened 
species is any species that 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 in title 50 of the Code of Federal Regulations (CFR) at Sec.  
17.11 (50 CFR 17.11) or the List of Endangered and Threatened Plants at 
50 CFR 17.12. As part of this process, 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 for listing as 
endangered or threatened, but for which preparation and publication of 
a proposal is precluded by higher-priority listing actions. We may 
identify a species as a candidate for listing after we have conducted 
an evaluation of its status--either on our own initiative, or in 
response to a petition we have received. If we have made a finding on a 
petition to list a species, and have found that listing is warranted 
but precluded by other higher-priority listing actions, we will add the 
species to our list of candidates.
    We maintain this list of candidates for a variety of reasons: (1) 
To notify the public that these species are facing threats to their 
survival; (2) to provide advance knowledge of potential listings that 
could affect decisions of environmental planners and developers; (3) to 
provide information that may stimulate and guide conservation efforts 
that will remove or reduce threats to these species and possibly make 
listing unnecessary; (4) to request input from interested parties to 
help us identify those candidate species that may not require 
protection under the Act, as well as additional species that may 
require the Act's protections; and (5) to request necessary information 
for setting priorities for preparing listing proposals. We 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 Office listed under Request for Information, below, or 
visit our website at: https://www.fws.gov/program/endangered-species/what-we-do.

Previous CNORs

    We have been publishing CNORs since 1975. The most recent was 
published on May 3, 2022 (87 FR 26152).
    On September 21, 1983, we published guidance for assigning a 
listing priority number (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). Section 4(h)(3) of the Act (16 U.S.C. 1533(h)(3)) requires 
the Secretary to establish guidelines for such a priority-ranking 
system. 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. All candidate species 
face threats to their continued existence, so the magnitude of threats 
is in relative terms. For all candidate species, the threats are of 
sufficiently high magnitude to put them in danger of extinction or make 
them likely to become in danger of extinction in the foreseeable 
future. However, for species with higher magnitude threats, the threats 
have a greater likelihood of bringing about extinction or are expected 
to bring about extinction on a shorter timescale (once the threats are 
imminent) than for species with lower-magnitude threats. Because we do 
not routinely quantify how likely or how soon extinction would be 
expected to occur absent listing, we must evaluate factors that 
contribute to the likelihood and time scale for extinction. We, 
therefore, consider information such as: (1) The number of populations 
or extent of range of the species affected by the threat(s), or both; 
(2) the biological significance of the affected population(s), taking 
into consideration

[[Page 41562]]

the life-history characteristics of the species and its current 
abundance and distribution; (3) 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; (4) the severity 
of the effects and the rapidity with which they have caused or are 
likely to cause mortality to individuals and accompanying declines in 
population levels; (5) whether the effects are likely to be permanent; 
and (6) the extent to which any ongoing conservation efforts reduce the 
severity of the threat(s).
    As used in our priority-ranking system, immediacy of threat is 
categorized as either ``imminent'' or ``nonimminent,'' and 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 species 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 (DPSs).
    The result of the ranking system is that we assign each candidate 
an LPN of 1 to 12. For example, if the threats are 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 or DPS 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 document as a candidate is one 
for which we have concluded that we have sufficient information to 
prepare a proposed rule for listing 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 1983 guidance is available on our website at: 
https://www.fws.gov/library/collections/listing-and-classification-policies-and-regulations. The species assessment and listing priority 
assignment form for each candidate contains the LPN chart and a more-
detailed explanation--including citations to, and more-detailed 
analyses of, the best scientific and commercial data available--for our 
determination of the magnitude and immediacy of threat(s) and 
assignment of the LPN; these forms are available for review on the 
website provided above in ADDRESSES.

Summary of This CNOR

    Since publication of the previous CNOR on May 3, 2022 (87 FR 
26152), 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 higher 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.
    After a thorough review of the available scientific and commercial 
information, we have determined that the North Cascades Ecosystem of 
grizzly bear (Ursus arctos horribilis) is no longer warranted but 
precluded for uplisting as information indicates a population is no 
longer present. A summary of our updated assessment for this species is 
included under Petitions to Reclassify Species Already Listed. We are 
currently working on species status assessments for five species that 
are foreign species candidates: Sira curassow (Pauxi koepckeae), 
southern helmeted curassow (Pauxi unicornis), fluminense swallowtail 
butterfly (Parides ascanius), Hahnel's Amazonian swallowtail butterfly 
(Parides hahneli), and Harris' mimic swallowtail butterfly (Mimoides 
(syn. Eurytides) lysithous harrisianus). We intend to make 
determinations in fiscal year (FY) 2023 whether these five species are 
endangered, threatened, or not warranted for listing. Therefore, in 
this CNOR, summaries for these five candidate species are not included 
under Findings for Petitioned Candidate Species, but these species are 
included in table 5.
    In addition to reviewing candidate species since publication of the 
last CNOR, we have worked on findings in response to petitions to list 
species, on proposed rules to list species under the Act, and on final 
listing determinations. 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).
    Combined with other findings and determinations published 
separately from this CNOR, 23 species are now candidates awaiting 
preparation of a proposed listing rule or ``not-warranted'' finding. 
Table 5 (below) identifies these 23 candidate species, along with the 
54 species proposed for listing (including 6 species proposed for 
listing due to similarity of appearance) as of September 30, 2022.
    Table 6 (below) lists the changes for species identified in the 
previous CNOR and includes 12 species identified in the previous CNOR 
as either proposed for listing or classified as candidates that are no 
longer in those categories. This includes nine species for which we 
published a final listing rule, one species for which we published a 
withdrawal of the proposed listing rule, and one species where we no 
longer find the population to be warranted but precluded for uplisting 
due to the population being extirpated.

Petition Findings

    The Act provides two mechanisms for considering species for 
listing. One method allows the Secretary, on the Secretary's own 
initiative, to identify species for listing under the standards of 
section 4(a)(1). The second method provides a mechanism for the public 
to petition us to add a species to the Lists. As described further in 
the paragraphs that follow, the CNOR serves several purposes as part of 
the petition process: (1) In some instances (in particular, for 
petitions to list species that the Service has already identified as 
candidates on its own initiative), it serves as the initial petition 
finding; (2) for candidate species for which the Service has made a 
warranted-but-precluded petition finding, it serves as a 
``resubmitted'' petition finding that the Act requires the Service to 
make each year; and (3) it documents the Service's compliance with the 
statutory requirement to monitor the status of species for which 
listing is warranted but precluded, and to ascertain if they need 
emergency listing.
    First, the CNOR serves as an initial 12-month finding in some 
instances. Under section 4(b)(3)(A) of the Act, when we receive a 
petition to list a species, we must determine within 90 days, to the 
maximum extent practicable, whether the petition presents substantial 
information indicating 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

[[Page 41563]]

must then make, within 12 months of the receipt of the petition, one of 
the following three possible findings (a ``12-month finding''):
    (1) The petitioned action is not warranted, in which case we must 
promptly publish the finding in the Federal Register;
    (2) The petitioned action is warranted (in which case we must 
promptly publish a proposed regulation to implement the petitioned 
action; once we publish a proposed rule for a species, sections 4(b)(5) 
and 4(b)(6) of the Act govern further procedures, regardless of whether 
or not we issued the proposal in response to a petition); or
    (3) The petitioned action is warranted, but (a) the immediate 
proposal of a regulation and final promulgation of a regulation 
implementing the petitioned action is precluded by pending proposals to 
determine whether any species is endangered or threatened, and (b) 
expeditious progress is being made to add qualified species to the 
Lists and to remove from the Lists species for which the protections of 
the Act are no longer necessary. We refer to this third option as a 
``warranted-but-precluded finding,'' and after making such a finding, 
we must promptly publish it in the Federal Register.
    We define ``candidate species'' to mean those species for which the 
Service has on file sufficient information on biological vulnerability 
and threats to support issuance of a proposed rule to list, but for 
which issuance of the proposed rule is precluded (61 FR 64481; December 
5, 1996). The standard for making a species a candidate through our own 
initiative is identical to the standard for making a warranted-but-
precluded 12-month petition finding on a petition to list.
    Therefore, all candidate species identified through our own 
initiative already have received the equivalent of substantial 90-day 
and warranted-but-precluded 12-month findings. Nevertheless, if we 
receive a petition to list a species that we have already identified as 
a candidate, we review the status of the newly petitioned candidate 
species and in a CNOR publish specific section 4(b)(3) findings (i.e., 
substantial 90-day and warranted-but-precluded 12-month findings) in 
response to the petitions to list these candidate species. We publish 
these findings as part of the first CNOR following receipt of the 
petition.
    Second, the CNOR serves as a ``resubmitted'' petition finding. 
Section 4(b)(3)(C)(i) of the Act requires that when we make a 
warranted-but-precluded finding on a petition, we treat the petition as 
one that is resubmitted on the date of the finding. Thus, we must make 
a 12-month petition finding for each such species at least once a year 
in compliance with section 4(b)(3)(B) of the Act, until we publish a 
proposal to list the species or make a final not-warranted finding. We 
make these annual resubmitted petition findings through the CNOR. To 
the extent these annual findings differ from the initial 12-month 
warranted-but-precluded finding or any of the resubmitted petition 
findings in previous CNORs, they supersede the earlier findings, 
although all previous findings are part of the administrative record 
for the new finding, and in the new finding, we may rely upon them or 
incorporate them by reference as appropriate, in addition to explaining 
why the finding has changed. We have identified the candidate species 
for which we received petitions and made a continued warranted-but-
precluded finding on a resubmitted petition by the code ``C*'' in the 
category column on the left side of table 5, below.
    Third, through undertaking the analysis required to complete the 
CNOR, the Service determines if any candidate species needs emergency 
listing. Section 4(b)(3)(C)(iii) of the Act requires us to implement a 
system to monitor effectively the status of all species for which we 
have made a warranted-but-precluded 12-month finding and to make prompt 
use of the emergency listing authority under section 4(b)(7) to prevent 
a significant risk to the well-being of any such species. The CNOR 
plays a crucial role in the monitoring system that we have implemented 
for all candidate species by providing notice that we are actively 
seeking information regarding the status of those species. We review 
all new information on candidate species as it becomes available, 
prepare an annual species assessment form that reflects monitoring 
results and other new information, and identify any species for which 
emergency listing may be appropriate. If we determine that emergency 
listing is appropriate for any candidate, we will make prompt use of 
the emergency listing authority under section 4(b)(7) of the Act.
    A number of court decisions have elaborated on the nature and 
specificity of information that we must consider in making and 
describing the petition findings in the CNOR. The CNOR that published 
on November 9, 2009 (74 FR 57804), describes these court decisions in 
further detail. As with previous CNORs, we continue to incorporate 
information of the nature and specificity required by the courts. For 
example, we include a description of the reasons why the listing of 
every petitioned candidate species is both warranted and precluded at 
this time. We make our determinations of preclusion on a nationwide 
basis to ensure that the species most in need of listing will be 
addressed first and also because we allocate our listing budget on a 
nationwide basis. Our preclusion determinations are further based upon 
our budget for listing activities for non-listed species only, and we 
explain the priority system and why the work we have accomplished has 
precluded action on listing candidate species.
    In preparing this CNOR, we reviewed the current status of, and 
threats to, 16 of the 23 current candidate species for which we have 
received a petition to list where we found the action warranted but 
precluded and 2 species for which we continue to find uplisting 
warranted but precluded. We find 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. We also find that 1 
listed domestic species is no longer warranted but precluded for 
uplisting due to the population being extirpated. We are currently 
working on species status assessments for five species that are foreign 
species candidates: Sira curassow, southern helmeted curassow, 
fluminense swallowtail butterfly, Hahnel's Amazonian swallowtail 
butterfly, and Harris' mimic swallowtail butterfly. We intend to make 
determinations in FY 2023 whether these species are endangered, 
threatened, or not warranted for listing. Therefore, in this CNOR, 
summaries for these five foreign candidate species are not included 
under Findings for Petitioned Candidate Species, but these species are 
included in table 5, below. A summary for the longfin smelt San 
Francisco Bay-Delta distinct population segment (DPS) is not included 
under Findings for Petitioned Candidate Species in this CNOR because 
subsequent to the end of FY 2022, but prior to the publication of this 
CNOR, our proposal to list the species was published in the Federal 
Register on October 7, 2022 (87 FR 60957). However, this DPS is 
included in table 5, below.
    The immediate publication of proposed rules to list these species 
was precluded by our work on higher-priority listing actions, listed 
below, during the period from October 1, 2021, through September 30, 
2022. Below, we describe the actions that continue to

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preclude the immediate proposal and final promulgation of a regulation 
implementing each of the petitioned actions for which we have made a 
warranted-but-precluded finding, and we describe the expeditious 
progress we are making to add qualified species to, and remove species 
from, the Lists. We will continue to monitor the status of all 
candidate species, including petitioned species, as new information 
becomes available to determine if a change in status is warranted, 
including the need to emergency list a species under section 4(b)(7) of 
the Act. As described above, under section 4 of the Act, we identify 
and propose species for listing based on the factors identified in 
section 4(a)(1)--either on our own initiative or through the mechanism 
that section 4 provides for the public to petition us to add species to 
the Lists of Endangered or Threatened Wildlife and Plants.

Preclusion and Expeditious Progress

    To make a finding that a particular action is warranted but 
precluded, the Service must make two determinations: (1) That the 
immediate proposal and timely promulgation of a final regulation is 
precluded by pending proposals to determine whether any species is 
endangered or threatened; and (2) that expeditious progress is being 
made to add qualified species to either of the Lists and to remove 
species from the Lists (16 U.S.C. 1533(b)(3)(B)(iii)).

Preclusion

    A listing proposal is precluded if the Service does not have 
sufficient resources available to complete the proposal because there 
are competing demands for those resources and the relative priority of 
those competing demands is higher. Thus, in any given fiscal year (FY), 
multiple factors dictate whether it will be possible to undertake work 
on a proposed listing regulation or whether promulgation of a proposal 
is precluded by higher-priority listing actions--(1) the amount of 
resources available for completing the listing-related function; (2) 
the estimated cost of completing the proposed listing regulation; and 
(3) the Service's workload, along with the Service's prioritization of 
the proposed listing regulation, in relation to other actions in its 
workload.
Available Resources
    The resources available for listing-related actions are determined 
through the annual Congressional appropriations process. In FY 1998 and 
for each fiscal year since then, Congress has placed a statutory cap on 
funds that may be expended for the Listing Program (spending cap). This 
spending cap was designed to prevent the listing function from 
depleting funds needed for other functions under the Act (for example, 
recovery functions, such as removing species from the Lists), or for 
other Service programs (see House Report 105-163, 105th Congress, 1st 
Session, July 1, 1997). The funds within the spending cap are available 
to support work involving the following listing actions: Proposed and 
final rules to add species to the Lists or to change the status of 
species from threatened to endangered; 90-day and 12-month findings on 
petitions to add species to the Lists or to change the status of a 
species from threatened to endangered; annual ``resubmitted'' petition 
findings on prior warranted-but-precluded petition findings as required 
under section 4(b)(3)(C)(i) of the Act; critical habitat petition 
findings; proposed rules designating critical habitat or final critical 
habitat determinations; and litigation-related, administrative, and 
program-management functions (including preparing and allocating 
budgets, responding to Congressional and public inquiries, and 
conducting public outreach regarding listing and critical habitat).
    For more than two decades, the size and cost of the workload in 
these categories of actions have far exceeded the amount of funding 
available to the Service under the spending cap for completing listing 
and critical habitat actions under the Act. As we cannot exceed the 
spending cap without violating the Anti-Deficiency Act (31 U.S.C. 
1341(a)(1)(A)), each year we have been compelled to determine that work 
on at least some actions was precluded by work on higher-priority 
actions. We make our determinations of preclusion on a nationwide basis 
to ensure that the species most in need of listing will be addressed 
first, and because we allocate our listing budget on a nationwide 
basis. Through the listing cap and the amount of funds needed to 
complete court-mandated actions within the cap, Congress and the courts 
have in effect determined the amount of money remaining (after 
completing court-mandated actions) for listing activities nationwide. 
Therefore, the funds that remain within the listing cap--after paying 
for work needed to comply with court orders or court-approved 
settlement agreements--set the framework within which we make our 
determinations of preclusion and expeditious progress.
    For FY 2022, through the Consolidated Appropriations Act, 2022 
(Pub. L. 117-103, March 15, 2022), Congress appropriated $21,279,000 
for all domestic and foreign listing work. For FY 2023, through the 
Consolidated Appropriations Act, 2023 (Pub. L. 117-328, December 29, 
2022), Congress appropriated $23,398,000 for all domestic and foreign 
listing work. The amount of funding Congress will appropriate in future 
years is uncertain.
Costs of Listing Actions
    The work involved in preparing various listing documents can be 
extensive, and may include, but is not limited to: gathering and 
assessing the best scientific and commercial data available and 
conducting analyses used as the basis for our decisions; requesting 
peer and partner review on our analyses that support listing decisions 
and incorporating those comments, as appropriate; writing and 
publishing documents; and obtaining, reviewing, and evaluating public 
comments on proposed rules and incorporating relevant information from 
those comments into final rules. The number of listing actions that we 
can undertake in a given year also is influenced by the complexity of 
those listing actions; that is, more complex actions generally are more 
costly. Our practice of proposing to designate critical habitat 
concurrently with listing domestic species requires additional 
coordination and an analysis of the economic impacts of the 
designation, and thus adds to the complexity and cost of our work. 
Completing all of the outstanding listing and critical habitat actions 
has for so long required more funding than is available within the 
spending cap that the Service has developed several ways to prioritize 
its workload actions and to identify the work it can complete with the 
available funding for listing and critical habitat actions each year.
Prioritizing Listing Actions
    The Service's Listing Program workload is broadly composed of four 
types of actions, which the Service prioritizes as follows: (1) 
Compliance with court orders and court-approved settlement agreements 
requiring that petition findings or listing determinations or critical 
habitat designations be completed by a specific date; (2) essential 
litigation-related, administrative, and listing program-management 
functions; (3) section 4 (of the Act) listing and critical habitat 
actions with absolute statutory deadlines; and (4) section 4 listing 
actions that do not have absolute statutory deadlines.
    In previous years, the Service received many new petitions, 
including multiple petitions to list numerous species--in one example, 
a single

[[Page 41565]]

petition sought to list 404 domestic species. The emphasis that 
petitioners placed on seeking listing for hundreds of species at a time 
through the petition process significantly increased the number of 
actions within the third category of our workload--actions that have 
absolute statutory deadlines for making findings on those petitions. In 
addition, the necessity of dedicating all of the Listing Program 
funding towards determining the status of 251 candidate species and 
complying with other court-ordered requirements between 2011 and 2016 
added to the number of petition findings awaiting action. Because we 
are not able to work on all of these at once, the Service's most recent 
effort to prioritize its workload focuses on addressing the backlog in 
petition findings that has resulted from the influx of large multi-
species petitions and the 5-year period in which the Service was 
compelled to suspend making 12-month findings for most of those 
petitions. The number of petitions awaiting status reviews and 
accompanying 12-month findings illustrates the considerable extent of 
this backlog. As a result of the outstanding petitions to list hundreds 
of species, and our efforts to make initial petition findings within 90 
days of receiving the petition to the maximum extent practicable, at 
the beginning of FY 2023 we had 305 12-month petition findings yet to 
be completed.
    To determine the relative priorities of the outstanding 12-month 
petition findings, the Service developed a prioritization methodology 
(methodology) (81 FR 49248; July 27, 2016), after providing the public 
with notice and an opportunity to comment on the draft methodology (81 
FR 2229; January 15, 2016). Under the methodology, we assign each 12-
month finding to one of five priority bins: (1) The species is 
critically imperiled; (2) strong data are already available about the 
status of the species; (3) new science is underway that would inform 
key uncertainties about the status of the species; (4) conservation 
efforts are in development or underway and likely to address the status 
of the species; or (5) the available data on the species are limited. 
As a general matter, 12-month findings with a lower bin number have a 
higher priority than, and are scheduled before, 12-month findings with 
a higher bin number. However, we make some limited exceptions--for 
example, we may schedule a lower-priority finding earlier if batching 
it with a higher-priority finding would generate efficiencies. We may 
also consider whether there are any special circumstances whereby an 
action should be moved up (or down) in scheduling. For example, one 
limitation that might result in divergence from priority order is when 
the current highest priorities are clustered in a geographic area, such 
that our scientific expertise at the field office level is fully 
occupied with their existing workload. We recognize that the geographic 
distribution of our scientific expertise will in some cases require us 
to balance workload across geographic areas. Since before Congress 
first established the spending cap for the Listing Program in 1998, the 
Listing Program workload has required considerably more resources than 
the amount of funds Congress has allowed for the Listing Program. 
Therefore, it is important that we be as efficient as possible in our 
listing process.
    After finalizing the prioritization methodology, we then applied 
that methodology to develop multi-year workplans for domestic and 
foreign species for completing the outstanding status assessments and 
accompanying 12-month findings, along with other outstanding work such 
as designating critical habitat and acting on the status of candidate 
species.

Domestic Species Workplan

    The purpose of the National Listing Workplan (Workplan) is to 
provide transparency and predictability to the public about when the 
Service anticipates completing specific 12-month findings for domestic 
species while allowing for flexibility to update the Workplan when new 
information changes the priorities. In March 2022, the Service released 
its updated Workplan for addressing the Act's domestic listing and 
critical habitat decisions for fiscal years 2022-2027. The updated 
Workplan identified the Service's schedule for addressing all domestic 
species on the candidate list and conducting 252 status reviews and 
accompanying 12-month findings by FY 2027 for domestic species that 
have been petitioned for Federal protections under the Act. The 
National Listing Workplan is available online at: https://www.fws.gov/project/national-listing-workplan.

Foreign Species Workplan

    Similar to the National Listing Workplan, the Foreign Species 
Workplan provides the Service's multi-year schedule for addressing our 
foreign species listing workload. The Foreign Species Workplan provides 
transparency and predictability to the public about when the Service 
anticipates completing specific 12-month findings and candidate species 
while allowing for flexibility to update the Foreign Species Workplan 
when new information changes the priorities. In September 2021 the 
Service released its most recent Foreign Species Workplan for 
addressing the Act's foreign listing decisions for fiscal years 2021-
2026. The Foreign Species Workplan identifies the Service's 
prioritization for addressing all foreign species on the candidate list 
and 46 status reviews and accompanying 12-month findings for petitioned 
species, and identifies which actions we plan to complete by FY 2026. 
As we implement our Foreign Species Workplan and work on 12-month 
findings and proposed rules for the highest-priority species, we 
increase efficiency by preparing multi-species proposals when 
appropriate, and these may include species with lower priority if they 
overlap geographically or have the same threats as one of the highest-
priority species. The Foreign Species Workplan is available online at: 
https://www.fws.gov/project/foreign-species-listing-workplan.
    For the 12-month findings, consistent with our prioritization 
methodology, within the five priority bins we determine the relative 
timing of foreign species actions using sub-ranking considerations, 
i.e., as tie-breakers for determining relative timing within each of 
the five bins (see the August 9, 2021, CNOR (86 FR 43474-43476) for a 
detailed description of tie-breakers). We consider the extent to which 
the protections of the Act would be able to improve conditions for that 
species and its habitat relative to the other species within the same 
bin, and in doing so, we give weight to the following considerations, 
in order from greater weight to lesser weight.
    1. FWS Office of Law Enforcement (OLE) enforcement capacity;
    2. Species in trade to or from the United States;
    3. Species in trade through U.S. ports (i.e., in-transit or 
transshipment);
    4. Within the United States, interstate trade;
    5. Status under the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES); and
    6. International Union for Conservation of Nature (IUCN) Red List 
status.
Prioritization of Domestic and Foreign Species
    An additional way in which we determine relative priorities of 
outstanding actions for species in the section 4 program is application 
of the

[[Page 41566]]

listing priority guidelines (48 FR 43098; September 21, 1983; see 
Previous CNORs, above). Proposed rules for listing foreign species, 
including foreign candidate species, are generally lower in priority 
than domestic listings because we generally have more resources and 
authorities to achieve higher conservation outcomes when listing 
domestic species. The Service has a responsibility to conserve both 
domestic and foreign species; however, our choice to dedicate the bulk 
of our funding cap to domestic actions is a rational one given the 
likelihood of obtaining better conservation outcomes for domestic 
species versus foreign species under the Act. The Act makes no 
distinction between foreign species and domestic species in listing 
species as endangered or threatened. The protections of the Act 
generally apply to both listed foreign species and domestic species, 
and section 8 of the Act provides authorities for international 
cooperation on foreign species. However, some significant differences 
in the Service's authorities result in differences in our ability to 
affect conservation for foreign and domestic species under the Act. The 
major differences are that the Service has no regulatory jurisdiction 
over take of a listed species in a foreign country, or of trade in 
listed species outside the United States by persons not subject to the 
jurisdiction of the United States (see 50 CFR 17.21). The Service also 
does not designate critical habitat within foreign countries or in 
other areas outside of the jurisdiction of the United States (50 CFR 
424.12(g)).
    Additionally, section 7 of the Act in part requires Federal 
agencies to ensure that activities they authorize, fund, or carry out 
are not likely to jeopardize the continued existence of the species or 
destroy or adversely modify its critical habitat, and to enter into 
consultation with the Service if a Federal action may affect a listed 
species or its critical habitat. An ``action'' that is subject to the 
consultation provisions of section 7(a)(2) is defined in our 
implementing regulations at 50 CFR 402.02 as ``all activities or 
programs of any kind authorized, funded, or carried out, in whole or in 
part, by Federal agencies in the United States or upon the high seas.'' 
In view of this regulatory definition, foreign species are rarely 
subject to section 7 consultation, apart from consultations for permits 
issued under the Act. This differs from the considerable benefits 
section 7 affords to domestic species whose life cycle occurs in whole 
or in part in the United States, and for which we do designate critical 
habitat, which are routinely subject to section 7 consultations and the 
conservation benefits that result from those.
    These differences in the Service's authorities for foreign and 
domestic species under the Act, including relating to take, critical 
habitat, and section 7 consultation, means that listing foreign species 
is likely to have relatively less conservation effect than for domestic 
species. The protections of the Act through listing are likely to have 
their greatest conservation effect for foreign species that are in 
trade to, from, through, or within the United States. The majority 
(likely 12 out of the 14) of current foreign candidate species are not 
known to be in trade. Therefore, we made a rational decision to 
dedicate more resources to listing domestic species.
    Additionally, proposed rules for reclassification of threatened 
species status to endangered species status (uplisting) are generally 
lower in priority because, as listed species, they are already afforded 
the protections of the Act and implementing regulations. However, for 
efficiency reasons, we may choose to work on a proposed rule to 
reclassify a species to endangered species status if we can combine 
this with higher-priority work.
Listing Program Workload
    The National Listing Workplan that the Service released in 2022 
outlined work for domestic species over the period from FY 2022 to FY 
2027. The Foreign Species Workplan that the Service released in 2021 
outlined work for foreign species over the period from FY 2020 to FY 
2026. Tables 1 and 2, below, identify the higher-priority listing 
actions that we completed through FY 2022 (September 30, 2022), as well 
as those we have been working on in FY 2022 but have not yet completed. 
For FY 2022, our workload includes 41 12-month findings or proposed 
listing actions that are at various stages of completion at the time of 
this finding. In addition to the actions scheduled in the National 
Listing Workplan and the Foreign Species Workplan (``Workplans''), the 
overall Listing Program workload also includes development and revision 
of regulations required by new court orders or settlement agreements to 
address the repercussions of any new court decisions, and proposed and 
final critical habitat designations or revisions for species that have 
already been listed. The Service's highest priorities for spending its 
funding in FY 2022 are actions included in the Workplans and actions 
required to address court decisions.

Expeditious Progress

    As explained above, a determination that listing is warranted but 
precluded must also demonstrate that expeditious progress is being made 
to add and remove qualified species to and from the Lists. Please note 
that in the Code of Federal Regulations, the ``Lists'' are grouped as 
one list of endangered and threatened wildlife (see 50 CFR 17.11(h)) 
and one list of endangered and threatened plants (see 50 CFR 17.12(h)). 
However, the ``Lists'' referred to in the Act mean one list of 
endangered species (wildlife and plants) and one list of threatened 
species (wildlife and plants). For the purposes of evaluating our 
expeditious progress, when we refer to the ``Lists,'' we mean this 
latter grouping of one list of endangered species and one list of 
threatened species.
    As with our ``precluded'' finding, the evaluation of whether 
expeditious progress is being made is a function of the resources 
available and the competing demands for those funds. As discussed 
earlier, the FY 2022 appropriations law appropriated $21,279,000 for 
all domestic and foreign listing activities.
    As discussed below, given the limited resources available for 
listing, the competing demands for those funds, and the completed work 
catalogued in the tables below, we find that we are making expeditious 
progress to add qualified species to the Lists and to remove from the 
Lists species for which the protections of the Act are no longer 
necessary.
    The work of the Service's domestic listing and foreign listing 
programs in FY 2022 (as of September 30, 2022) includes all three of 
the steps necessary for adding species to the Lists: (1) Identifying 
species that may warrant listing (including 90-day petition findings); 
(2) undertaking an evaluation of the best available scientific data 
about those species and the threats they face to determine whether or 
not listing is warranted (a status review and, for petitioned species, 
an accompanying 12-month finding); and (3) adding qualified species to 
the Lists (by publishing proposed and final listing rules). We explain 
in more detail how we are making expeditious progress in all three of 
the steps necessary for adding qualified species to the Lists 
(identifying, evaluating, and adding species). Subsequent to discussing 
our expeditious progress in adding qualified species to the Lists, we 
explain our expeditious progress in removing from

[[Page 41567]]

the Lists species that no longer require the protections of the Act.
    First, we are making expeditious progress in identifying species 
that may warrant listing. In FY 2022 (as of September 30, 2022), we 
completed 90-day findings on petitions to list 8 domestic species.
    Second, we are making expeditious progress in evaluating the best 
scientific and commercial data available about species and threats they 
face (status reviews) to determine whether or not listing is warranted. 
In FY 2022 (as of September 30, 2022), we completed 12-month findings 
for 23 domestic species and 5 foreign species. In addition, we funded 
and initiated 12-month findings for 27 domestic species and 8 foreign 
species. Although we did not complete those actions during FY 2022 (as 
of September 30, 2022), we made expeditious progress towards doing so 
by initiating and making progress on the status reviews to determine 
whether adding the species to the Lists is warranted.
    Third, we are making expeditious progress in adding qualified 
species to the Lists. In FY 2022 (as of September 30, 2022), we 
published final listing rules for 8 domestic species and no foreign 
species, including final critical habitat designations for 7 of those 
domestic species and final protective regulations under the Act's 
section 4(d) for 4 of those domestic species. In addition, we published 
proposed rules to list an additional 18 domestic species and 5 foreign 
species (including concurrent proposed critical habitat designations 
for 5 domestic species and concurrent protective regulations under the 
Act's section 4(d) for 9 domestic species and 1 foreign species).
    Fourth, we are also making expeditious progress in removing 
(delisting) species, as well as reclassifying endangered species to 
threatened species status (downlisting). Delisting and downlisting 
actions are funded through the recovery line item in the budget of the 
Endangered Species Program. Thus, delisting and downlisting actions do 
not factor into our assessment of preclusion; that is, work on recovery 
actions does not preclude the availability of resources for completing 
new listing work. However, work on recovery actions does count towards 
our assessment of making expeditious progress because the Act states 
that expeditious progress includes both adding qualified species to, 
and removing qualified species from, the Lists of Endangered and 
Threatened Wildlife and Plants. In FY 2022 (as of September 30, 2022), 
we finalized downlisting rules for 5 domestic species with concurrent 
final protective regulations under the Act's section 4(d), finalized 
delisting rules for 3 domestic species, proposed downlisting rules for 
2 domestic species (including concurrent protective regulations under 
the Act's section 4(d) for 2 domestic species), and proposed delisting 
rules for 3 domestic species.

Preclusion and Expeditious Progress

    The tables below catalog the Service's progress in FY 2022 (as of 
September 30, 2022) as it pertains to our evaluation of preclusion and 
expeditious progress. Table 1 includes completed and published domestic 
and foreign listing actions; table 2 includes domestic and foreign 
listing actions funded and initiated in previous fiscal years and in FY 
2022 that were not yet complete as of September 30, 2022; and table 3 
includes completed and published proposed and final downlisting and 
delisting actions for domestic and foreign species.

 Table 1--Published Domestic and Foreign Listing Actions (Proposed and Final Listing and Uplisting Rules) in FY
                                                      2022
                                           [as of September 30, 2022]
----------------------------------------------------------------------------------------------------------------
                                                                                               Federal Register
        Publication date                        Title                       Action(s)              citation
----------------------------------------------------------------------------------------------------------------
10/7/2021.......................  Endangered Species Status for      Proposed Listing--       86 FR 55775-55789.
                                   Tiehm's Buckwheat.                 Endangered.
10/14/2021......................  Endangered Species Status for Bog  Proposed Listing--       86 FR 57104-57122.
                                   Buck Moth.                         Endangered.
11/9/2021.......................  Threatened Species Status With     Proposed Listing--       86 FR 62434-62463.
                                   Section 4(d) Rule for Alligator    Threatened with a
                                   Snapping Turtle.                   Section 4(d) Rule.
11/9/2021.......................  Threatened Species Status with     Proposed Listing--       86 FR 62122-62137.
                                   Section 4(d) Rule for Egyptian     Threatened with a
                                   Tortoise.                          Section 4(d) Rule.
11/10/2021......................  Threatened Species Status With a   Proposed Listing--       86 FR 62668-62705.
                                   Section 4(d) Rule for Bracted      Threatened with a
                                   Twistflower and Designation of     Section 4(d) Rule and
                                   Critical Habitat.                  Critical Habitat.
11/16/2021......................  Threatened Species Status With     Final Listing--          86 FR 64000-64053.
                                   Section 4(d) Rule for Atlantic     Threatened with a
                                   Pigtoe and Designation of          Section 4(d) Rule and
                                   Critical Habitat.                  Critical Habitat.
11/23/2021......................  12-Month Finding for Pascagoula    Proposed Listing--       86 FR 66624-66659.
                                   Map Turtle; Threatened Species     Threatened with a
                                   Status With Section 4(d) Rule      Section 4(d) Rule and
                                   for Pearl River Map Turtle; and    a Not-Warranted 12-
                                   Threatened Species Status for      month Finding.
                                   Alabama Map Turtle, Barbour's
                                   Map Turtle, Escambia Map Turtle,
                                   and Pascagoula Map Turtle Due to
                                   Similarity of Appearance With a
                                   Section 4(d) Rule.
12/21/2021......................  Threatened Species Status With     Final Listing--          86 FR 72394-72433.
                                   Section 4(d) Rule for Hermes       Threatened with a
                                   Copper Butterfly and Designation   Section 4(d) Rule and
                                   of Critical Habitat.               Critical Habitat.
12/22/2021......................  Threatened Species Status With     Proposed Listing--       86 FR 72547-72573.
                                   Section 4(d) Rule for Cactus       Threatened with a
                                   Ferruginous Pygmy-Owl.             Section 4(d) Rule.
12/28/2021......................  Foothill Yellow-Legged Frog;       Proposed Listing--       86 FR 73914-73945.
                                   Threatened Status With Section     Threatened with
                                   4(d) Rule for Two Distinct         Section 4(d) Rule;
                                   Population Segments and            Endangered.
                                   Endangered Status for Two
                                   Distinct Population Segments.
1/5/2022........................  Threatened Species Status With     Final Listing--          87 FR 546-581.
                                   Section 4(d) Rule for Panama       Threatened with a
                                   City Crayfish and Designation of   Section 4(d) Rule and
                                   Critical Habitat.                  Critical Habitat.
1/25/2022.......................  Endangered Species Status for      Proposed Listing--       87 FR 3739-3753.
                                   Sacramento Mountains Checkerspot   Endangered.
                                   Butterfly.
2/8/2022........................  12-Month Finding for the Sonoran   12-month Petition        87 FR 7077-7079.
                                   Desert Tortoise.                   Finding.
2/8/2022........................  90-Day Findings for Three Species  90-day Petition          87 FR 7079-7083.
                                                                      Findings.
2/15/2022.......................  Endangered Species for Prostrate   Proposed Listing--       87 FR 8509-8543.
                                   Milkweed and Designation of        Endangered with
                                   Critical Habitat.                  Critical Habitat.

[[Page 41568]]

 
2/28/2022.......................  Endangered Species Status for      Final Listing--          87 FR 11188-11220.
                                   Peppered Chub and Designation of   Endangered with
                                   Critical Habitat.                  Critical Habitat.
3/3/2022........................  Threatened Species Status With     Proposed Listing--       87 FR 12338-12384.
                                   Section 4(d) Rule for Western      Threatened with a
                                   Fanshell and ``Ouachita'''         Section 4(d) Rule and
                                   Fanshell and Designation of        Critical Habitat.
                                   Critical Habitat.
3/14/2022.......................  Three Species Not Warranted for    12-month Petition        87 FR 14227-14232.
                                   Listing as Endangered or           Findings.
                                   Threatened Species *.
3/22/2022.......................  Threatened Species Status With     Proposed Listing--       87 FR 16320-16363.
                                   Section 4(d) Rule for Sand Dune    Threatened with
                                   Phacelia and Designation of        Section 4(d) Rule and
                                   Critical Habitat.                  Critical Habitat.
3/23/2022.......................  Endangered Species Status for      Proposed Listing--       87 FR 16442-16452.
                                   Northern Long-Eared Bat.           Endangered.
4/5/2022........................  Lower Colorado River Distinct      12-month Petition        87 FR 19657-19660.
                                   Population Segment of Roundtail    Findings.
                                   Chub (Gila robusta).
4/7/2022........................  Endangered Species Status for the  Proposed Listing--       87 FR 20374-20378.
                                   Dixie Valley Toad.                 Endangered.
4/13/2022.......................  Threatened Species Status for      Final Listing--          87 FR 21783-21812.
                                   Streaked Horned Lark With          Threatened with a
                                   Section 4(d) Rule.                 Section 4(d) Rule.
5/3/2022........................  Review of Species That Are         CNOR and 12-Month        87 FR 26152-26178.
                                   Candidates for Listing as          Petition Findings.
                                   Endangered or Threatened; Annual
                                   Notification of Findings on
                                   Resubmitted Petitions; Annual
                                   Description of Progress on
                                   Listing Actions.
5/4/2022........................  Threatened Species Status With     Proposed Listing--       87 FR 26319-26337.
                                   Section 4(d) Rule for the          Threatened with a
                                   Silverspot Butterfly.              Section 4(d) Rule.
5/25/2022.......................  Endangered Species Status for      Proposed Listing--       87 FR 31834-31854.
                                   Russian, Ship, Persian, and        Endangered.
                                   Stellate Sturgeon.
6/6/2022........................  90-Day Finding for Three           90-day Petition Finding  87 FR 34228-34231.
                                   Petitions To List the
                                   Yellowstone Bison.
6/10/2022.......................  Endangered Species Status for      Final Listing--          87 FR 35431-35459.
                                   Arizona Eryngo and Designation     Endangered with
                                   of Critical Habitat.               Critical Habitat.
6/16/2022.......................  Endangered Species Status for      Final Listing--          87 FR 36225-36248.
                                   Marron Bacora and Designation of   Endangered with
                                   Critical Habitat.                  Critical Habitat.
6/22/2022.......................  Threatened Species Status With a   Proposed Listing--       87 FR 37378-37428.
                                   Section 4(d) Rule for Ocmulgee     Threatened with a
                                   Skullcap and Designation of        Section 4(d) Rule and
                                   Critical Habitat.                  Critical Habitat.
7/6/2022........................  Endangered Species Status for the  Final Listing--          87 FR 40115-40138.
                                   Canoe Creek Clubshell and          Endangered with
                                   Designation of Critical Habitat.   Critical Habitat.
7/6/2022........................  Three Species Not Warranted for    12-month Petition        87 FR 40172-40175.
                                   Listing as Endangered or           Findings.
                                   Threatened Species *.
8/18/2022.......................  Endangered Species Status for      Proposed Listing--       87 FR 50804-50824.
                                   Magnificent Ramshorn and           Endangered.
                                   Designation of Critical Habitat.
8/23/2022.......................  90-Day Findings for Four Species.  90-day Petition          87 FR 51635-51639.
                                                                      Findings.
9/14/2022.......................  Endangered Species Status for      Proposed Listing--       87 FR 56381-56393.
                                   Tricolored Bat.                    Endangered.
9/27/2022.......................  Threatened Species Status with     Proposed Listing--       87 FR 58648-58703.
                                   Section 4(d) Rule for Florida      Threatened with a
                                   Keys Mole Skink and Designation    Section 4(d) Rule and
                                   of Critical Habitat.               Critical Habitat.
----------------------------------------------------------------------------------------------------------------
* Batched 12-month findings may include findings regarding listing and delisting petitions. The total number of
  12-month findings reported in this assessment of preclusion and expeditious progress pertains to listing
  petitions only.


    Table 2--Domestic and Foreign Listing Actions (Proposed and Final
 listings and Uplistings) Funded and Initiated in Previous FYs and in FY
        2022 That Are not Yet Published as of September 30, 2022
------------------------------------------------------------------------
                Species                               Action
------------------------------------------------------------------------
Amur sturgeon..........................  Final listing determination.
Brandegee's wild buckwheat *...........  12-month finding.
Brawleys Fork crayfish.................  12-month finding.
Bushy whitlow-wort.....................  12-month finding.
Chowanoke crayfish *...................  12-month finding.
Cisco milk-vetch *.....................  12-month finding.
Columbia oregonian snail *.............  12-month finding.
Cooper's cave amphipod.................  12-month finding.
Cumberland moccasinshell...............  12-month finding.
Dolphin & Union Caribou *..............  Final listing determination.
Emperor penguin *......................  Final listing determination.
Gopher tortoise *......................  Proposed listing determination
                                          or not-warranted finding.
Glowing indian-paintbrush..............  12-month finding.
Gray wolf (western populations)........  12-month finding.
Great Basin silverspot.................  12-month finding.
Green floater..........................  12-month finding.
Isely milk-vetch *.....................  12-month finding.
Key ring-necked snake *................  12-month finding.

[[Page 41569]]

 
Lassics lupine *.......................  12-month finding.
Longfin smelt (San Francisco Bay-Delta   Proposed listing determination
 DPS) *.                                  or not-warranted finding.
Louisiana pigtoe *.....................  12-month finding.
Miami cave crayfish....................  12-month finding.
Minute cave amphipod...................  12-month finding.
Morrison's cave amphipod...............  12-month finding.
Navasota false foxglove................  12-month finding.
Oblong rocksnail.......................  12-month finding.
Pristine crayfish......................  12-month finding.
Rim rock crowned snake*................  12-month finding.
Rye Cove cave isopod*..................  12-month finding.
Shasta salamander......................  12-month finding.
Southern elktoe........................  12-month finding.
Tennessee clubshell....................  12-month finding.
Tennessee pigtoe.......................  12-month finding.
Texas heelsplitter *...................  12-month finding.
Texas kangaroo rat.....................  12-month finding.
Tharp's blue-star......................  12-month finding.
Toothless blindcat.....................  12-month finding.
Western spadefoot......................  12-month finding.
Widemouth blindcat.....................  12-month finding.
Yazoo crayfish.........................  12-month finding.
------------------------------------------------------------------------
* Denotes species for which a 12-month finding or listing determination
  has published subsequent to the end of FY 2022 (after September 30,
  2022).


 Table 3--Published Domestic and Foreign Recovery Actions (Proposed and Final Downlistings and Delistings) in FY
                                                      2022
                                           [as of September 30, 2022]
----------------------------------------------------------------------------------------------------------------
                                                                                               Federal Register
        Publication date                        Title                       Action(s)              citation
----------------------------------------------------------------------------------------------------------------
10/18/2021......................  Reclassification of the Humpback   Final Rule--Downlisting  86 FR 57588-57610.
                                   Chub From Endangered to            with Section 4(d) Rule.
                                   Threatened With a Section 4(d)
                                   Rule.
11/17/2021......................  Removal of the Okaloosa Darter     Proposed Rule--          86 FR 64158-64176.
                                   From the Federal List of           Delisting.
                                   Endangered and Threated Wildlife.
2/3/2022........................  Removing San Benito Evening-       Final Rule--Delisting..  87 FR 6046-6063.
                                   Primrose (Camissonia benitensis)
                                   From the Federal List of
                                   Endangered and Threatened Plants.
2/3/2022........................  Reclassification of Morro          Final Rule--Downlisting  87 FR 6063-6077.
                                   Shoulderband Snail From            with Section 4(d) Rule.
                                   Endangered to Threatened With
                                   Section 4(d) Rule.
2/17/2022.......................  Reclassification of Stephens'      Final Rule--Downlisting  87 FR 8967-8981.
                                   Kangaroo Rat From Endangered To    with Section 4(d) Rule.
                                   Threatened With a Section 4(d)
                                   Rule.
3/3/2022........................  Reclassification of the Relict     Proposed Rule--          87 FR 12056-12073.
                                   Darter From Endangered to          Downlisting with
                                   Threatened With a Section 4(d)     Section 4(d) Rule.
                                   Rule.
3/31/2022.......................  Reclassification of the            Final Rule--Downlisting  87 FR 18722-18739.
                                   Endangered Layia carnosa (Beach    with Section 4(d) Rule.
                                   Layia) to Threatened With
                                   Section 4(d) Rule.
4/28/2022.......................  Removing Nelson's Checker-Mallow   Proposed Rule--          87 FR 25197-25209.
                                   From the Federal List of           Delisting.
                                   Endangered and Threatened Plants.
6/23/2022.......................  Reclassification of Mitracarpus    Proposed Rule--          87 FR 37476-37494.
                                   polycladus From Endangered to      Downlisting with
                                   Threatened With a Section 4(d)     Section 4(d) Rule.
                                   Rule.
7/6/2022........................  Reclassification of Smooth         Final Rule--Downlisting  87 FR 40100-40115.
                                   Coneflower From Endangered To      with Section 4(d) Rule.
                                   Threatened With a Section 4(d)
                                   Rule.
7/13/2022.......................  Removal of the Puerto Rican Boa    Proposed Rule--          87 FR 41641-41655.
                                   From the List of Endangered and    Delisting.
                                   Threatened Wildlife.
8/24/2022.......................  Removing Adiantum vivesii from     Final Rule--Delisting..  87 FR 51928-51932.
                                   the Federal List of Endangered
                                   and Threatened Plants.
8/24/2022.......................  Removing the Braken Bat Cave       Final Rule--Delisting..  87 FR 51925-51928.
                                   Meshweaver From the List of
                                   Endangered and Threatened
                                   Wildlife.
----------------------------------------------------------------------------------------------------------------

    Another way that we have been expeditious in making progress in 
adding and removing qualified species to and from the Lists is that we 
have made our actions as efficient and timely as possible, given the 
requirements of the Act and regulations and constraints relating to 
workload and personnel. We are continually seeking ways to streamline 
processes or achieve economies of scale, such as batching related 
actions together for publication. For example, in FY 2021, we published 
a single proposed delisting rule for 23 species due to extinction (86 
FR 54298; September 30, 2021). Given our limited budget for 
implementing section 4 of the Act, these efforts also contribute toward

[[Page 41570]]

our expeditious progress in adding and removing qualified species to 
and from the Lists.

Findings for Petitioned Candidate Species

    For 16 candidates, we continue to find that listing is warranted 
but precluded as of the date of publication of this document. However, 
we are working on thorough reviews of all available data regarding 
seven of these species and expect to publish either proposed listing 
rules or 12-month not-warranted findings prior to making the next 
annual CNOR. In the course of preparing proposed listing rules or not-
warranted petition findings, we continue to monitor new information 
about these species' status so that we can make prompt use of our 
authority under section 4(b)(7) of the Act in the case of an emergency 
posing a significant risk to any of these species.
    Below are updated summaries for the 16 petitioned candidates for 
which we published findings under section 4(b)(3)(B) of the Act and did 
not change the LPN. We note that species-specific discussions below are 
summaries. More detailed information is available in the associated 
species assessment forms, including information on relevant 
developments with respect to the species since publication of the last 
CNOR.
    In accordance with section 4(b)(3)(C)(i), we treat any petitions 
for which we made warranted-but-precluded 12-month findings within the 
past year as having been resubmitted on the date of the warranted-but-
precluded finding. We are making continued warranted-but-precluded 12-
month findings on the petitions for these species.

Monarch Butterfly

    The petition that the Service received in 2014 was for listing a 
subspecies of the monarch butterfly (Danaus plexippus plexippus). After 
careful examination of the literature and consultation with experts, 
there is no clearly agreed-upon definition of potential subspecies of 
Danaus plexippus or where the geographic borders between these 
subspecies might exist. In our 12-month finding published in the 
Federal Register on December 17, 2020 (85 FR 81813), we determined that 
the monarch butterfly (Danaus plexippus) warranted listing as an 
endangered or threatened species under the Act, but that listing was 
precluded by higher-priority listing actions.
    Adults of the monarch butterfly are large and conspicuous, with 
bright orange wings surrounded by a black border and covered with black 
veins. Monarch butterflies in eastern and western North America 
represent the ancestral origin for the species worldwide. They exhibit 
long-distance migration and overwinter as adults at forested locations 
in Mexico and California. These overwintering sites provide protection 
from the elements and moderate temperatures, as well as nectar and 
clean water sources located nearby. Adult monarch butterflies feed on 
nectar from a wide variety of flowers. Reproduction is dependent on the 
presence of milkweed, the sole food source for larvae. Monarch 
butterflies are found in 90 countries, islands, or island groups. 
Monarch butterflies have become naturalized at most of these locations 
outside of North America since 1840. The populations outside of eastern 
and western North America (including southern Florida) do not exhibit 
long-distance migratory behavior.
    The primary threats to the monarch's biological status include loss 
and degradation of habitat from conversion of grasslands to 
agriculture, widespread use of herbicides, logging/thinning at 
overwintering sites in Mexico, senescence and incompatible management 
of overwintering sites in California, urban development, drought, 
exposure to insecticides, and effects of climate change. Conservation 
efforts are addressing some of the threats from loss of milkweed and 
nectar resources across eastern and western North America and 
management at overwintering sites in California; however, these efforts 
and the existing regulatory mechanisms are not sufficient to protect 
the species from all of the threats.
    The North American migratory populations are the largest relative 
to the other rangewide populations, accounting for more than 90 percent 
of the worldwide number of monarch butterflies. Based on the past 
annual censuses, the eastern and western North American migratory 
populations have been generally declining over the last 20 years. The 
western North American population has a much higher risk of extinction 
due to current threats than the eastern North American population. At 
the current and projected population numbers, both the eastern and 
western populations have become more vulnerable to catastrophic events 
(for example, extreme storms at the overwintering habitat). Also, under 
different climate change scenarios, the number of days and the area in 
which monarch butterflies will be exposed to unsuitably high 
temperatures will increase markedly. We know little about population 
sizes or trends of most of the populations outside of the eastern and 
western North American populations (except for Australia, which has an 
estimate of just over 1 million monarch butterflies). However, the 
potential loss of the North American migratory populations from these 
identified threats would substantially reduce the species' resiliency, 
representation, and redundancy. Because the magnitude of threats is 
moderate to low and those threats are imminent, we assigned an LPN of 8 
for the monarch butterfly. The LPN also reflects that we are evaluating 
the monarch butterfly at the species level.

Rio Grande Cutthroat Trout

    Rio Grande cutthroat trout (Oncorhynchus clarkii virginalis) is one 
of 14 subspecies of cutthroat trout found in the western United States. 
Populations of this subspecies are in New Mexico and Colorado in 
drainages of the Rio Grande, Pecos, and Canadian Rivers. Although once 
widely distributed in connected stream networks, Rio Grande cutthroat 
trout populations now occupy approximately 11 percent of historical 
habitat, and the populations are fragmented and isolated from one 
another. The majority of populations occur in high-elevation streams. 
We were petitioned to list Rio Grande cutthroat trout as an endangered 
or threatened species under the Act in 1998. On May 14, 2008, we 
published in the Federal Register (73 FR 27900) our finding that 
listing the species was warranted but precluded by higher-priority 
actions, and we added the entity to our list of candidate species. 
After completing a species status assessment, on October 1, 2014, we 
published in the Federal Register (79 FR 59140) a 12-month petition 
finding that the Rio Grande cutthroat trout was not warranted for 
listing as endangered or threatened under the Act.
    On July 29, 2016, the Center for Biological Diversity (CBD) and 
Taylor McKinnon filed a complaint in the Colorado District Court 
challenging the merits of our 2014 ``not warranted'' finding on a 
petition to list the Rio Grande cutthroat trout (CBD, et al. v. 
Bernhardt, et al., No. 1:16-cv-01932-MSK-STV (D. Colo.)). On September 
26, 2019, the court partially vacated and remanded the 2014 ``not 
warranted'' finding. We are currently updating the species status 
assessment and have added the Rio Grande cutthroat trout to our 
workplan for FY 2025. Because the magnitude of threats is moderate to 
low and those threats are imminent, we assigned an LPN of 9 to the Rio 
Grande cutthroat trout.

[[Page 41571]]

Jamaican Kite Swallowtail

    The Jamaican kite swallowtail (Protographium (Eurytides) 
marcellinus) is a small blue-green and black butterfly endemic to 
Jamaica. This butterfly is regarded as Jamaica's most endangered 
butterfly. On January 10, 1994, we received a petition from Ms. Dee E. 
Warenycia to list seven foreign swallowtail butterflies, including the 
Jamaican kite swallowtail (Protographium (Eurytides) marcellinus), 
under the Act. On May 10, 1994, we published in the Federal Register 
(59 FR 24117) a 90-day finding in which we announced that the petition 
to add the seven species of foreign swallowtail butterflies contained 
substantial information indicating that listing may be warranted for 
all species. On December 7, 2004, we published in the Federal Register 
(69 FR 70580) our finding that listing the species was warranted but 
precluded by higher-priority actions, and we added the entity to our 
list of candidate species.
    The Jamaican kite swallowtail is restricted to limestone forests; 
breeding populations only occur in rare, dense stands of its only known 
larval host plant, black lancewood (Oxandra lanceolata). Five known 
sites have supported colonies of the Jamaican kite swallowtail. Two of 
the sites may be extirpated, the status of one site is uncertain, and 
two sites are viable with strong numbers in some years. There is no 
known estimate of population size, and numbers of mature adults are low 
in most years; however, occasionally there are strong flight seasons in 
which adult densities are relatively higher.
    The primary threat to the Jamaican kite swallowtail is habitat loss 
and fragmentation. Forests were cleared for agriculture and timber 
extraction, and more recently for sapling cutting for yam sticks, fish 
pots, or charcoal. Additional threats include mining for limestone that 
is used for roadbuilding and bauxite production that is an important 
economic activity, and charcoal-making also carries the risk of fire. 
Only around 8 percent of the total land area of Jamaica is natural 
forest with minimal human disturbance. Collection and trade of the 
species occurred in the past. Currently, however, this threat may be 
negligible because of heavy fines under the Jamaican Wildlife 
Protection Act. Predation from native predators, including spiders, the 
Jamaican tody (Todus todus), and praying mantis (Mantis religiosa), may 
be adversely affecting the Jamaican kite swallowtail, especially in the 
smaller subpopulations. In years with large populations of spiders, 
very few swallowtail larvae survive. Additionally, this species may be 
at greater risk of extinction due to natural events such as hurricanes 
and effects from climate change.
    Since 2001, the Jamaican kite swallowtail has been protected under 
the Jamaican Wildlife Protection Act. The species is also included in 
their National Strategy and Action Plan on Biological Diversity. The 
two strongest subpopulations occur in protected areas, although habitat 
destruction within these areas continues. Since 1985, the Jamaican kite 
swallowtail has been categorized on IUCN's Red List as vulnerable, but 
the assessment is marked as ``needs updating.'' This species is not 
included in the Appendices to CITES or the European Union Wildlife 
Trade Regulations.
    In the May 3, 2022, CNOR (87 FR 26152), the Jamaican kite 
swallowtail was assigned an LPN of 2. After reevaluating the factors 
affecting the Jamaican kite swallowtail, we have determined that no 
change in LPN is warranted. Only five small subpopulations of the 
species are known, and as few as two of these subpopulations may 
presently be viable. Therefore, an LPN of 2 remains valid to reflect 
imminent threats of high magnitude.

Kaiser-i-Hind Swallowtail

    Kaiser-i-Hind swallowtail (Teinopalpus imperialis) is a large, 
ornate and colorful swallowtail butterfly that displays sexual 
dimorphism (sexes differ in size and coloration). The species is native 
to the Himalayan regions of Bhutan, China, India, Laos, Myanmar, Nepal, 
Thailand, and Vietnam. On January 10, 1994, we received a petition from 
Ms. Dee E. Warenycia to list seven different butterfly species, 
including the Kaiser-i-Hind swallowtail butterfly, under the Act. On 
May 10, 1994, we published in the Federal Register (59 FR 24117) a 90-
day finding in which we announced that the petition to add the seven 
species of foreign butterflies contained substantial information 
indicating that listing may be warranted for all species. On December 
7, 2004, we published in the Federal Register (69 FR 70580) our finding 
that listing the species was warranted but precluded by higher-priority 
actions, and we added the entity to our list of candidate species.
    The Kaiser-i-Hind swallowtail has a large range and was likely more 
widespread historically; however, it is currently restricted to higher 
elevations, 1,500 to 3,050 meters (m) (4,921 to 10,000 feet (ft)) above 
sea level, in the foothills of the Himalayan Mountains and other 
mountainous regions further east. The species prefers undisturbed 
(primary) broad-leaved-evergreen forests or montane deciduous forests. 
Specific details on locations or population status are not readily 
available, and despite widespread distribution, populations are 
described as being local and never abundant.
    Habitat destruction negatively affects this species. Comprehensive 
information on the rate of degradation of Himalayan forests containing 
the Kaiser-i-Hind swallowtail is not available, but ongoing habitat 
loss is consistently reported as one of the primary threats to the 
species. In China and India, the Kaiser-i-Hind swallowtail populations 
are affected by habitat modification and destruction due to commercial 
and illegal logging, as well as clearing for agriculture in India. In 
Nepal, the species is affected by habitat disturbance and destruction 
resulting from mining, wood collection for use as fuel, deforestation, 
collection of fodders and fiber plants, forest fires, invasion of 
bamboo species into the oak forests, agriculture, and grazing animals. 
In Vietnam, the forest habitat is reportedly declining. Additionally, 
collection for commercial trade is also regarded as a threat to the 
species. The Kaiser-i-Hind swallowtail is highly valued and has been 
collected and traded despite various prohibitions. Although it is 
difficult to assess the potential impacts from collection, the removal 
of individuals from the wild in combination with other stressors 
contributes to local extirpations.
    In China, the species is protected by the Law of the People's 
Republic of China on the Protection of Wildlife. In India, the species 
is listed on Schedule II of the Indian Wildlife Protection Act. In 
Thailand, all butterflies in the genus Teinopalpus, including the 
Kaiser-i-Hind swallowtail, are listed under Thailand's Wild Animal 
Reservation and Protection Act. In Vietnam, the species is listed as 
``vulnerable'' in the 2007 Vietnam Red Data Book and is reported to be 
the most valuable of all butterflies in Vietnam. In 2006, the species 
was listed on Vietnam's Schedule IIB of Decree No. 32 on management of 
endangered, precious, and rare forest plants and animals. Since 1996, 
the Kaiser-i-Hind swallowtail has been categorized on the IUCN Red List 
as lower risk/near threatened, but IUCN indicates that this assessment 
needs updating. The Kaiser-i-Hind swallowtail has been included in 
CITES Appendix II since 1987. Additionally, the Kaiser-i-Hind 
swallowtail is listed on Annex B of the

[[Page 41572]]

European Union Wildlife Trade Regulations; species listed on Annex B 
require an import permit.
    In the May 3, 2022, CNOR (87 FR 26152), the Kaiser-i-Hind 
swallowtail was assigned an LPN of 8. After reevaluating the threats to 
this species, we have determined that no change in its LPN of 8 is 
warranted. The species has a wide distribution although populations are 
local and never abundant. Habitat loss and collection are expected to 
continue in the future. Therefore, an LPN of 8 remains valid to reflect 
imminent threats of moderate magnitude.

Black-Backed Tanager

    The black-backed tanager (Tangara peruviana) is a vibrant and 
patterned bird endemic to the coastal Atlantic Forest region of 
southeastern Brazil. The species is known to historically occur in the 
coastal states of Rio de Janeiro, S[atilde]o Paulo, Paran[agrave], and 
Santa Catarina, Brazil. On May 6, 1991, we received a petition from the 
International Council for Bird Preservation to list 53 different bird 
species, including the black-backed tanager, under the Act. On December 
16, 1991, we published in the Federal Register (56 FR 65207) a 90-day 
finding in which we announced that the petition to add 53 species of 
foreign birds contained substantial information indicating that listing 
may be warranted for all species. On May 21, 2004, we published in the 
Federal Register (69 FR 29353) our resubmitted petition findings that 
listing the species was warranted but precluded by higher-priority 
actions, and we added the entity to our list of candidate species.
    The black-backed tanager is generally restricted in range and is 
associated with sand forest ``restinga'' habitat, which is a coastal 
component habitat of the greater Atlantic Forest complex of Brazil. The 
black-backed tanager is generally considered not rare within suitable 
habitat, with periodic local fluctuations in numbers owing to seasonal 
movements. The species is described as a regional migrant and is one of 
just a few tanagers known to migrate seasonally within the coastal 
Atlantic Forest region of Brazil. The best available information 
indicates the range is severely fragmented, consisting of approximately 
316,000 square kilometers (km\2\) of breeding range with a slightly 
larger nonbreeding range of 377,000 km\2\. The population size is 
estimated between 2,500 and 10,000 mature adults. Both the habitat and 
species population are decreasing.
    The primary factor affecting this species is the rapid and 
widespread loss and fragmentation of habitat, mainly due to urban 
expansion and beachfront development. Much of the species' suitable 
habitat in Rio de Janeiro and Paran[aacute] has been destroyed. As much 
as 88 to 95 percent of the area historically covered by tropical 
forests within the Atlantic Forest biome has been lost or severely 
degraded as the result of human activities. Intact lowland forest, 
restinga, and mangrove habitat used by resident black-backed tanagers 
on the northern part of Santa Catarina Island (in the state of Santa 
Catarina) is unprotected, making the species vulnerable to extirpation 
on the island as development looms. Sea-level rise may alter the 
regional vegetation and structure and exacerbate the threat of habitat 
loss from ongoing coastal development.
    The black-backed tanager is classified as vulnerable by the IUCN. 
The species is also listed as vulnerable in Brazil and protected by 
law. It is not included in the Appendices to CITES, although it has 
infrequently been illegally sold in the pet trade.
    In the May 3, 2022, CNOR (87 FR 26152), we assigned the black-
backed tanager an LPN of 8. After reevaluating the available 
information, we have determined that no change to an LPN is warranted. 
The magnitude of threats to the black-backed tanager is moderate, based 
on its likely decreasing population size and widespread and ongoing 
habitat loss, although a recent evaluation of its population size is 
lacking. Small portions of the species' range occur in six protected 
areas, but these areas are not effectively protected. Therefore, an LPN 
of 8 remains valid for this species to reflect imminent threats of 
moderate magnitude.

Bogot[aacute] Rail

    The Bogot[aacute] rail (Rallus semiplumbeus) is a medium-sized, 
nonmigratory bird that occurs in the eastern Andean mountain range of 
Colombia at elevations from 2,500-4,000 m (8,202-13,123 ft) above sea 
level. On May 6, 1991, we received a petition from the International 
Council for Bird Preservation to list 53 foreign bird species, 
including the Bogot[aacute] rail, as endangered or threatened species 
under the Act. On December 16, 1991, we published in the Federal 
Register (56 FR 65207) a 90-day finding in which we announced that the 
petition to add 53 species of foreign birds that contained substantial 
information indicating that listing may be warranted for all species. 
On May 21, 2004, we published in the Federal Register (69 FR 29353) our 
resubmitted petition findings that listing the species was warranted 
but precluded by higher-priority actions, and we added the entity to 
our list of candidate species.
    The rail is found in savanna and p[aacute]ramo (high-elevation 
habitats above tree line) marshes surrounding Bogot[aacute], Colombia, 
on the Ubat[eacute]-Bogot[aacute] Plateau. The species relies on 
specific vegetation in wetland and lakeshore habitats at high 
elevations in the eastern flank of the eastern Andean mountain range of 
Colombia. The bird requires vegetation associated with these habitats 
for breeding and foraging. As of 2016, the population was estimated 
between 1,000 and 2,500 individuals, and the estimated extent of the 
resident/breeding habitat was 11,200 km\2\ (4,324 square miles (mi\2\)) 
and shrinking.
    The primary threat to the rail is habitat loss and degradation of 
wetlands. Suitable habitat for the Bogot[aacute] rail occurs around the 
most populated area in Colombia with approximately 11 million people in 
the greater Bogot[aacute] metropolitan area. Wetlands in the area only 
cover approximately 3 percent of their historical extent. Although 
portions of the Bogot[aacute] rail's range occur in protected areas 
such as Chingaza National Park and Carpanta Biological Reserve, most 
savanna wetlands are virtually unprotected. Ongoing threats to 
remaining major wetlands include encroachment of human infrastructure 
and agriculture that causes loss of habitat and altered water levels, 
soil erosion, eutrophication caused by untreated effluent and 
agrochemicals, hunting, wildfire, and incidental spread of invasive 
species.
    The Bogot[aacute] rail is listed as endangered by IUCN. The species 
is not known to be in international trade and is not included in the 
Appendices to CITES.
    In the May 3, 2022, CNOR (87 FR 26152), the Bogot[aacute] rail was 
assigned an LPN of 2. After reevaluating the threats to this species, 
we have determined that no change in the LPN for the species is 
warranted. The species' range is very small, fragmented, and rapidly 
contracting because of ongoing widespread habitat loss and degradation 
of wetlands. Therefore, an LPN of 2 remains valid for this species to 
reflect imminent threats of high magnitude.

Bras[iacute]lia Tapaculo

    The Bras[iacute]lia tapaculo (Scytalopus novacapitalis) is a small, 
gray, ground-dwelling bird with limited flight ability. It is endemic 
to the Cerrado in Brazil, the largest tropical savanna in the world 
with a mosaic of habitats composed mostly of savannas and patches of 
dry forests.
    On May 6, 1991, we received a petition from the International 
Council

[[Page 41573]]

for Bird Preservation to list 53 different bird species, including the 
Bras[iacute]lia tapaculo, as endangered or threatened species under the 
Act. On December 16, 1991, we published in the Federal Register (56 FR 
65207) a 90-day finding in which we announced that the petition to add 
53 species of foreign birds contained substantial information 
indicating that listing may be warranted for all species. On May 21, 
2004, we published in the Federal Register (69 FR 29353) our 
resubmitted petition findings that listing the species was warranted 
but precluded by higher-priority actions, and we added the entity to 
our list of candidate species.
    The Bras[iacute]lia tapaculo's core habitat is dense, narrow strips 
of swampy gallery forests at elevations of approximately 800-1,000 m 
(2,625-3,281 ft). The species' range is located within six protected 
areas within the Cerrado and is not found outside protected areas. The 
Bras[iacute]lia tapaculo is described as rare, and the population size 
is unknown. However, the population is assumed to be declining because 
of the ongoing decline of the species' galley forest habitat.
    The primary threat to the Bras[iacute]lia tapaculo is ongoing 
habitat loss and fragmentation from agricultural activities. The 
Cerrado is the largest, most diverse, and possibly most threatened 
tropical savanna in the world. Land is converted for intensive grazing 
and mechanized agriculture, mostly for soybean production. Agriculture 
causes direct effects to gallery forests from wetland drainage and 
diversion of water for irrigation, as well as burning to create space. 
The species' habitat has been less directly affected by clearing for 
agriculture than the surrounding Cerrado. However, it is unclear how 
much core gallery forest has been destroyed because of habitat 
conversion for agriculture. Additionally, effects from climate change 
may also be negatively altering the Cerrado and reducing the amount of 
specialized habitat for the species.
    The IUCN lists the species as endangered, and the Brazilian Red 
List assessed the species as endangered, because the species' small, 
fragmented range is continuing to decline in area and quality. 
International trade is not a significant threat to the species, and the 
species is not included in the Appendices to CITES.
    In the May 3, 2022, CNOR (87 FR 26152), we assigned the 
Bras[iacute]lia tapaculo an LPN of 2. After reevaluating the available 
information, we have determined that no change to an LPN is warranted. 
The species only occurs in a handful of small, protected areas, and is 
reported as rare. Habitat conversion is ongoing. Therefore, an LPN of 2 
remains valid for this species to reflect imminent threats of high 
magnitude.

Chatham Oystercatcher

    The Chatham oystercatcher (Haematopus chathamensis) is the rarest 
oystercatcher in the world, endemic to the four islands of the Chatham 
Island group 860 kilometers (km) (534 miles (mi)) east of mainland New 
Zealand. On November 28, 1980, we received a petition from the 
International Council for Bird Preservation to list 79 bird species, of 
which 19 were species on U.S. territory and 60 were foreign species, 
including Chatham oystercatcher, as endangered or threatened species 
under the Act. On May 12, 1981, we published in the Federal Register 
(46 FR 26464) a 90-day finding in which we announced that the petition 
contained substantial information indicating that listing may be 
warranted for 77 of the 79 bird species, including the Chatham 
oystercatcher. On May 21, 2004, we published in the Federal Register 
(69 FR 29353) our resubmitted petition findings that listing the 
species was warranted but precluded by higher-priority actions, and we 
added the entity to our list of candidate species.
    Chatham oystercatchers are restricted to the coasts, mainly 
occurring along rocky shores, including wide volcanic rock platforms, 
and occasionally on sandy or gravelly beaches. Humans inhabit the two 
largest islands, Chatham and Pitt Islands, while South East and Mangere 
Islands are uninhabited nature reserves. Isolated pairs may also breed 
on other smaller islands in the archipelago. The population of the 
species is approximately 250 mature individuals. The Chatham 
oystercatcher uses its long, sturdy bill to hammer open mollusks from 
rocky shores and to probe and peck for worms and other small 
invertebrates in sand, gravel, or tidal debris. Pairs occupy their 
breeding and feeding territories all year, and females lay clutches of 
1 to 3 eggs in scrape nests (shallow-rimmed depressions in soil or 
vegetation) on sandy beaches, or among rocks above the shoreline. Mean 
longevity has been estimated at 7.7 years, and the oldest banded bird 
lived more than 30 years.
    Predation of eggs and chicks (and to a lesser extent, predation of 
adults) is likely the primary threat to Chatham oystercatcher. Mangere 
and South East Islands are free of all mammalian predators; nonnative 
mammalian predators inhabit Chatham and Pitt Islands. Feral cats are 
the most common predator of oystercatcher eggs. Trampling of nests by 
livestock (sheep and cattle) and humans has been noted on beaches. 
Additionally, nonnative Marram grass (Ammophila arenaria) has altered 
the sand dunes and leaves few open nesting sites. Consequently, the 
Chatham oystercatcher is forced to nest closer to shore where nests are 
vulnerable to high tides and storm surges. Up to 50 percent of eggs 
have been lost because of storms or high tides. Projected rise in sea 
level associated with climate change will likely increase storm 
frequency and severity, putting at risk most shorelines that the 
Chatham oystercatcher relies on for nesting habitat.
    The species has experienced a three-fold increase in its population 
since the first reliable census was conducted in 1987. Most of this 
increase occurred during a period of intensive management, especially 
predator control, from 1998 through 2004. Some of these efforts 
continue at a reduced level because of a lack of resources but are 
still effective at reducing trampling, predation, and loss of nests/
eggs. The Chatham Island Oystercatcher Recovery Plan guides 
conservation actions for the species. The New Zealand Department of 
Conservation lists the Chatham oystercatcher as nationally critical, 
and it is protected under New Zealand's Wildlife Act. It is classified 
as endangered on the IUCN Red List, and the species is not included in 
the Appendices to CITES and not known to be in international trade.
    In the May 3, 2022, CNOR (87 FR 26152), the Chatham oystercatcher 
was assigned an LPN of 8. After reevaluating the available information, 
we have determined that no change in the LPN is warranted. Although the 
population appears to have stabilized, it remains very small 
(approximately 250 mature individuals), and occupied breeding habitat 
is also small (fewer than 800 hectares (1,977 acres)). Active 
management has been instrumental in maintaining stable population 
levels, but the species continues to face threats to its nests and 
habitat. Therefore, an LPN of 8 is valid for this species to reflect 
imminent threats of moderate magnitude.

Gizo White-Eye

    The Gizo white-eye (Zosterops luteirostris) is a passerine 
(perching) bird described as ``warbler-like.'' It is endemic to the 
small island of Ghizo within the Solomon Islands in the South Pacific 
Ocean, east of Papua New Guinea. On November 28, 1980, we received a 
petition from the International Council for Bird Preservation to list 
79 bird species, of

[[Page 41574]]

which 19 were species on U.S. territory and 60 were foreign species, 
including the Gizo white-eye, as endangered or threatened species under 
the Act. On May 12, 1981, we published in the Federal Register (46 FR 
26464) a 90-day finding in which we announced that the petition 
contained substantial information indicating that listing may be 
warranted for 77 of the 79 bird species, including the Gizo white-eye. 
On May 21, 2004, we published in the Federal Register (69 FR 29353) our 
resubmitted petition findings that listing the species was warranted 
but precluded by higher-priority actions, and we added the entity to 
our list of candidate species.
    The Gizo white-eye prefers old-growth forest patches that cover 
approximately 1 km\2\ (0.4 mi\2\) of Ghizo Island. The species has been 
observed in forest edge, regrowth and mature secondary forest. Limited 
information is available to determine whether sustainable populations 
can exist outside of forested habitats. The population size of the Gizo 
white-eye is approximately 250 to 999 mature individuals in an 
estimated area of 35 km\2\ (14 mi\2\).
    Habitat loss is the primary threat to the species. Logging, 
conversion of forest for agricultural purposes, and local resource 
extraction for firewood are main the cause for loss of old-growth 
forested and secondary growth forests. Human population growth in the 
Solomon Islands has contributed to development on Ghizo Island, such as 
construction of temporary housing. Additionally, catastrophic events, 
such as the 2007 tsunami, degraded forested areas that were found less 
likely to support the species even 5 years later in 2012. Sea-level 
rise in the future and an increase in storms could result in coastal 
flooding and erosion, saltwater intrusion, and damage to inland 
habitats.
    The IUCN Red List classifies this species as endangered. It is not 
included in the Appendices to CITES, and this species is not known to 
be in international trade.
    In the May 3, 2022, CNOR (87 FR 26152), the Gizo white-eye was 
assigned an LPN of 2. After reevaluating the available information, we 
find that no change in the LPN is warranted. The species has a small 
population size and suitable habitat is declining. Therefore, an LPN of 
2 remains valid for this species to reflect imminent threats of high 
magnitude.

Helmeted Woodpecker

    The helmeted woodpecker (Celeus galeatus) is a small, nonmigratory 
woodpecker native to regions of southern Brazil, eastern Paraguay, and 
northeastern Argentina. It is one of the rarest woodpeckers in the 
Americas. On November 28, 1980, we received a petition from the 
International Council for Bird Preservation (ICBP) to list 79 bird 
species, of which 19 were species on U.S. territory and 60 were foreign 
species. Subsequently, we received another petition from ICBP 
requesting the addition of another 53 foreign bird species, including 
helmeted woodpecker, as endangered or threatened species under the Act. 
On December 16, 1991, we published in the Federal Register (56 FR 
65207) a 90-day finding in which we announced that the petition 
contained substantial information indicating that listing may be 
warranted for the 53 bird species, including the helmeted woodpecker. 
On May 21, 2004, we published in the Federal Register (69 FR 29353) our 
resubmitted petition findings that listing the species was warranted 
but precluded by higher-priority actions, and we added the entity to 
our list of candidate species. At the time of the petition, the 
helmeted woodpecker (Celeus galeatus) was classified as Drycopus 
galeatus. We recognize the helmeted woodpecker in the genus Celeus in 
2021, and recognize the species as C. galeatus and treat D. galeatus 
and Hylatomus galeatus as synonyms.
    Helmeted woodpeckers prefer mature (old-growth) trees in tropical 
and subtropical semi-deciduous forests as well as in mixed deciduous 
coniferous forests in the southern Atlantic Forest up to elevations of 
1,000 m (3,280 ft). The species typically forages in the mid-story of 
the tree canopy pecking at wet bark and rotten wood. Its diet is not 
well known, but it has been observed eating insect larvae, ants, 
berries, and small fruit. The species seems to favor nesting cavities 
in dead or decaying trees. A portion of the nest cavities used by 
helmeted woodpeckers have partly covered openings that may help to 
conceal the cavities from predators.
    The primary threat to the species is habitat loss, degradation, and 
fragmentation, which includes loss of nesting cavities. The Atlantic 
Forest biome has lost 88 to 95 percent of the tropical forests because 
of human activities. Currently, less than 1 percent of the remaining 
Atlantic Forest is primary forest preferred by the helmeted woodpecker. 
The species occurs in 17 protected areas throughout its range, although 
selective logging and other activities continue to degrade the habitat.
    The helmeted woodpecker is listed as endangered in Brazil and as 
vulnerable by the IUCN. The species is not included in the Appendices 
to CITES and not known to be in international trade.
    In the May 3, 2022, CNOR (87 FR 26152), we assigned the helmeted 
woodpecker an LPN of 8. After reevaluating the available information, 
we find that no change in the LPN for the species is warranted. The 
species is rare, and although the species may have a wider 
distribution, loss of primary Atlantic Forest habitat is ongoing. 
Therefore, an LPN of 8 remains valid to reflect imminent threats of 
moderate magnitude.

Lord Howe Island Pied Currawong

    The Lord Howe Island pied currawong (Strepera graculina crissalis) 
is a large, crow-like bird that is endemic to Lord Howe Island, off the 
coast of New South Wales, Australia. On November 28, 1980, we received 
a petition from the International Council for Bird Preservation to list 
79 bird species, of which 19 were occurring on U.S. territory and 60 
were foreign species, including Lord Howe Island pied currawong, as 
endangered or threatened species under the Act. On May 12, 1981, we 
published in the Federal Register (46 FR 26464) a 90-day finding in 
which we announced that the petition contained substantial information 
indicating that listing may be warranted for 77 of the 79 bird species, 
including the Lord Howe Island pied currawong. On May 21, 2004, we 
published in the Federal Register (69 FR 29353) our resubmitted 
petition findings that listing the species was warranted but precluded 
by higher-priority actions, and we added the entity to our list of 
candidate species.
    The Lord Howe Island pied currawong is a subspecies of the pied 
currawong, and occurs throughout the island, although it is most 
numerous in mountainous regions. The subspecies breeds in rainforests 
and palm forests, particularly along streams, and descends to forage in 
lowlands. It is omnivorous, eating fruits, seeds, snails, insects, and 
small vertebrates such as rats and mice, small birds, and bird eggs and 
nestlings. Lord Howe Island pied currawongs are bold and inquisitive 
birds that readily adapt to the presence of humans and can occupy areas 
around human settlements, in addition to natural habitats. They are 
territorial during the breeding season, with some territories defended 
in the non-breeding seasons. The average territory size is between 4.4 
to 7.3 hectares (11 to 18 acres).

[[Page 41575]]

    The primary threats to the subspecies are the introduction of 
nonnative rodents to the island ecosystem and the effects of climate 
change. The Lord Howe Island pied currawong has persisted among 
invasive black rats (Rattus rattus). However, because the currawong 
often preys on small rodents and are naturally curious, it was subject 
to nontarget poisoning during an islandwide rat-baiting program. Around 
half the population was taken into captivity to protect them during the 
rodent eradication efforts, and they have subsequently been released 
back into the wild. Additionally, the effects of climate change may 
affect the cloud layer on the island's mountaintops, resulting in 
drying of the forest where the subspecies gets about half of its food, 
and creating a food shortage. The small, isolated population of 
currawongs on Lord Howe Island is at risk from loss of genetic 
diversity and stochastic (random) environmental events. However, this 
population may have always been small and may not have the capacity for 
additional growth.
    The Australian Government owns Lord Howe Island. Approximately 75 
percent of the island, plus all outlying islets and rocks within the 
Lord Howe Island group, is protected under the Permanent Park Preserve. 
The Lord Howe Island Biodiversity Management Plan is the formal 
recovery plan for threatened species and communities of the Lord Howe 
Island Group. Following the removal of poison bait traps in 2020, 
monitoring is underway across the island to see if it has become 
rodent-free. The New South Wales Threatened Species Conservation Act of 
1995 lists the Lord Howe Island pied currawong as vulnerable, as does 
Australia's Environment Protection and Biodiversity Conservation Act 
List of Threatened Fauna. The subspecies is not listed on the IUCN Red 
List, is not included in the Appendices to CITES, and is not known to 
be in international trade.
    In the May 3, 2022, CNOR (87 FR 26152), the Lord Howe Island pied 
currawong was assigned an LPN of 6. After reevaluating the threats to 
the Lord Howe Island pied currawong, we have determined that no change 
in the LPN for the subspecies is warranted. The small population faces 
risks from nontarget poisoning from rodent control, although 
significant conservation efforts have been implemented. Therefore, 
based on the best information available, an LPN of 6 remains valid to 
reflect nonimminent threats of high magnitude.

Okinawa Woodpecker

    The Okinawa woodpecker (Dendrocopos noguchii) is a relatively large 
woodpecker endemic to Okinawa Island, Japan, and one of the world's 
rarest woodpecker species. Much of the mature forest that supports the 
species is located within the Jungle Warfare Training Center (formerly 
known as the Northern Training Area or Camp Gonsalves), part of the 
U.S. Marine Corps installation on Okinawa Island. On November 28, 1980, 
we received a petition from the International Council for Bird 
Preservation to list 79 bird species, of which 19 were occurring on 
U.S. territory and 60 were foreign species, including the Okinawa 
woodpecker, as endangered or threatened species under the Act. On May 
12, 1981, we published in the Federal Register (46 FR 26464) a 90-day 
finding in which we announced that the petition contained substantial 
information indicating that listing may be warranted for 77 of the 79 
bird species, including the Okinawa woodpecker. On May 21, 2004, we 
published in the Federal Register (69 FR 29353) our resubmitted 
petition findings that listing the species was warranted but precluded 
by higher-priority actions, and we added the entity to our list of 
candidate species. At the time of the petition, the Okinawa woodpecker 
(Dendrocopos noguchii) was classified as Sapheopipo noguchii. We 
recognized the Okinawa woodpecker in the genus Dendrocopos in 2009, and 
recognize the species as D. noguchii and treat S. noguchii as a synonym 
(74 FR 40540, August 12, 2009, p. 40548).
    The Okinawa woodpecker's main breeding areas lie in the northern 
part of Okinawa Island, including well-forested areas of Yambaru, a 
region of approximately 300 km\2\ (116 mi\2\). Population surveys have 
found that the number of Okinawa woodpeckers detected at Yambaru sites 
increases as the area of hardwood forest increases. The species feeds 
on large arthropods, notably beetle larvae, spiders, moths, and 
centipedes, as well as fruit, berries, seeds, acorns, and other nuts. 
Both males and females search dead and live tree trunks and bamboo in 
old-growth forests, but males also forage on the ground, sweeping away 
leaf-litter and probing for soil-dwelling prey. The Okinawa woodpecker 
nests in the decaying heartwood of large trees that are at least 25 
centimeters (9.8 inches) in diameter and 3 to 10 m (9.8 to 33 ft) off 
the ground, which are typically found in mature forests that are at 
least 30 years old.
    The primary threats to the Okinawa woodpecker are deforestation in 
the Yambaru region and introduced predators such as feral dogs and 
cats, small Indian mongoose (Urva auropunctata), and Japanese weasel 
(Mustela itatsi). As of the mid 1990s, only 40 km\2\ (15 mi\2\) of 
suitable habitat was available for the Okinawa woodpecker, mostly in 
the Jungle Warfare Training Center, which is relatively undisturbed. 
Much of the remaining old-growth forest in Yambaru is protected by 
Japanese legislation, and forests have been regrowing following a 
reduction in logging in recent decades. While forest regrowth is 
reaching ages that meet minimum suitability requirements for Okinawa 
woodpeckers and protected areas have improved the habitat, suitable 
habitat for the species remains fragmented and old-growth forest is 
scarce within the species' range. Mongoose control fences were erected 
in 2005 and 2006, and efforts to eradicate mongoose from the Yambura 
forest are ongoing and appear to be effective. Complete eradication of 
mongooses from the Yambaru region is targeted for 2027. Efforts to 
control feral cats have been less successful.
    The Japanese Government established Yambaru National Park in 2016. 
In July 2021, the United Nations Educational, Scientific, and Cultural 
Organization (UNESCO) added Amami-Oshima Island; Tokunoshima Island; 
the northern part of the main Okinawa Island, which contains Yambaru 
National Park; and Iriomote Island to the list of natural World 
Heritage sites. The species is listed as critically endangered in the 
Red List of Threatened Birds in Japan and is protected from acquisition 
and transfer under Japan's wildlife protection system. The Okinawa 
woodpecker is not included in the Appendices to CITES and is not known 
to be in international trade.
    In the May 3, 2022, CNOR (87 FR 26152), the Okinawa woodpecker was 
assigned an LPN of 2. After reevaluating the best available 
information, we have determined that no change in LPN for the species 
is warranted. The population is very small, and threats to its old-
growth habitat and predation by nonnative mammals are ongoing. The 
Japanese government is actively taking steps to address the threats of 
habitat loss and predation, but the threats remain high in magnitude 
due to the species' restricted range, small population size, and 
historical habitat loss. Therefore, an LPN of 2 remains valid for this 
species to reflect imminent threats of high magnitude.

[[Page 41576]]

Orange-Fronted Parakeet

    The orange-fronted parakeet (Cyanoramphus malherbi) is the rarest 
parakeet in New Zealand and the remaining naturally occurring colonies 
are restricted to three valleys on the South Island in the Canterbury 
Mountains. Captive-bred orange-fronted parakeets have been translocated 
to four predator-free islands, as well as Brook Waim[amacr]rama 
Sanctuary on the South Island. On November 28, 1980, we received a 
petition from the International Council for Bird Preservation to list 
79 bird species, of which 19 were occurring on U.S. territory and 60 
were foreign species, including orange-fronted parakeet, as endangered 
or threatened species under the Act. On May 12, 1981, we published in 
the Federal Register (46 FR 26464) a 90-day finding in which we 
announced that the petition contained substantial information 
indicating that listing may be warranted for 77 of the 79 bird species, 
including the orange-fronted parakeet. On May 21, 2004, we published in 
the Federal Register (69 FR 29353) our resubmitted petition findings 
that listing the species was warranted but precluded by higher-priority 
actions, and we added the entity to our list of candidate species.
    Orange-fronted parakeet populations on New Zealand's South Island 
inhabit subalpine mature beech forests (Nothofagus spp.), making their 
nests within natural cavities of these trees. Orange-fronted parakeets 
rely heavily on beech seeds as a major component of their diet, but 
also feed on a range of plant material including buds, sprouts, fruits, 
blossoms, leaves, ferns, and grasses; they also eat invertebrates such 
as aphids and caterpillars. Breeding is linked with the irregular 
seeding of beech trees. During mast years, in which seed production 
levels are high, parakeet numbers can increase substantially.
    The primary threats affecting the species on the mainland are 
predation by nonnative mammals (rats and stoats (Mustela erminea)), as 
well as habitat destruction due to deforestation. Numbers of nonnative 
mammals spike during mast years, due to abundant food sources, and thus 
orange-fronted parakeets are particularly vulnerable to predation in 
those years. Habitat loss and degradation has historically affected 
large areas of native forest on the mainland. Removal of mature beech 
trees with nest cavities has increased competition with other native 
parakeets for nest sites. Trade of this species is not known to be a 
threat.
    The New Zealand Department of Conservation (NZDOC) initiated a 
captive-breeding program and established small populations on four 
predator-free islands, one of which is self-sustaining. Another 
population has been introduced to a predator-free wildlife sanctuary 
with suitable beech forest habitat on the South Island. The species was 
uplisted from nationally endangered to nationally critical by the NZDOC 
in 2016; it is protected under New Zealand's Wildlife Act and is listed 
as critically endangered on the IUCN's Red List. The orange-fronted 
parakeet is included in Appendix II to CITES.
    In the May 3, 2022, CNOR (87 FR 26152), the orange-fronted parakeet 
was assigned an LPN of 8. After reevaluating the threats to the orange-
fronted parakeet, we have determined that no change in LPN for the 
species is warranted. The current population is small, and the species' 
distribution is limited. Nonnative predators and loss of suitable 
habitat continue to threaten the species. The NZDOC is actively aiding 
the recovery of the species. Therefore, an LPN of 8 remains valid to 
reflect imminent threats of moderate magnitude.

Takah[emacr]

    The takah[emacr] (Porphyrio hochstetteri) is the largest extant 
rail in the world. The species is flightless, native to the South 
Island of New Zealand, and present on the North Island, other offshore 
islands, and Kahurangi National Park due to reintroduction and 
conservation efforts. On November 28, 1980, we received a petition from 
the International Council for Bird Preservation to list 79 bird 
species, of which 19 were occurring on U.S. territory and 60 were 
foreign species, including the takah[emacr], as endangered or 
threatened species under the Act. On May 12, 1981, we published in the 
Federal Register (46 FR 26464) a 90-day finding in which we announced 
that the petition contained substantial information indicating that 
listing may be warranted for 77 of the 79 bird species, including the 
takah[emacr]. On May 21, 2004, we published in the Federal Register (69 
FR 29353) our resubmitted petition findings that listing the species 
was warranted but precluded by higher-priority actions, and we added 
the entity to our list of candidate species.
    The takah[emacr] was once widespread in the forest and grassland 
ecosystems of the South Island. Since the mid-1990s, the species was 
present in a relatively small area of the Murchison Mountains. In their 
relict range, takah[emacr] are largely herbivorous, feeding on tussocks 
(clumps of long grass that are thicker and longer than the grass 
growing around them). In the winter, the birds move into forested 
valleys, where their major food source is the rhizome of thousand 
leaved ferns (Hypolepis millefolium). In introduced populations at 
secure sites, takah[emacr] exhibit more generalist behavior, eating 
fallen fruits, small reptiles, and chicks of other bird species. The 
species is largely solitary and will not form dense colonies, even in 
optimal habitat, and will aggressively defend their territories, which 
can be up to 100 hectares (247 acres).
    Primary threats to the takah[emacr] include hunting, competition 
from nonnative species, disease outbreaks in the captive population, 
and nonnative predators such as stoats and weasels. Stoats and weasels 
appear to be the most significant predator to takah[emacr]. The NZDOC 
is actively managing populations through conservation efforts that 
include captive-rearing and reintroductions, predator control, 
management of grassland habitats, and adaptive research. The 
conservation efforts have slowly increased the number of populations 
and the species' overall population size.
    New Zealand considers the takah[emacr] a nationally vulnerable 
species, and it is protected under New Zealand's Wildlife Act. The 
takah[emacr] is listed as endangered on the IUCN Red List. The species 
is not known to be in international trade, and the species is not 
included in the Appendices to CITES.
    In the May 3, 2022, CNOR (87 FR 26152), the takah[emacr] was 
assigned an LPN of 8. After reevaluating the threats to the 
takah[emacr], we have determined that no change in LPN for the species 
is warranted. The takah[emacr] has a small population size and limited 
range. The NZDOC is actively managing threats to aid in the recovery of 
the species. Therefore, the LPN remains at 8 to reflect imminent 
threats of low to moderate magnitude.

Yellow-Browed Toucanet

    The yellow-browed toucanet (Aulacorhynchus huallagae) is a rare 
bird of the toucan family that occurs in the Andes Mountains in Peru. 
On May 6, 1991, we received a petition from the International Council 
for Bird Preservation to list 53 different bird species, including the 
yellow-browed toucanet, under the Act. On December 16, 1991, we 
published in the Federal Register (56 FR 65207) a 90-day finding in 
which we announced that the petition to add 53 species of foreign birds 
contained substantial information indicating that listing may be 
warranted for all species. On May 21, 2004, we published in the Federal 
Register (69 FR 29353) our resubmitted petition

[[Page 41577]]

findings that listing the species was warranted but precluded by 
higher-priority actions, and we added the entity to our list of 
candidate species.
    The yellow-browed toucanet relies on humid montane forests on the 
eastern slope of the Andes in north-central Peru, at elevations of 
2,000-2,600 m (6,562-8,530 ft). The species currently occupies three 
small locations. Habitat is dominated by tall Clusia (Clusia spp.) 
trees, where the species forages in the canopy for fruit and seeds and 
uses cavities in the trees to nest. The species is most frequently seen 
in pairs but is occasionally found in small groups of three to four 
individuals.
    Deforestation for livestock, agriculture, timber, and gold mining 
appears to be the primary threat to the viability of the yellow-browed 
toucanet. Habitat loss and destruction from deforestation for 
agriculture have been widespread in the region. Given the inherent 
threats to small populations (e.g., loss of genetic diversity via 
genetic drift, stochastic environmental events), continued habitat loss 
and degradation will exacerbate the risk to the species.
    The species is listed as endangered in the IUCN Red List. The 
species is not included in the Appendices of CITES and is not known to 
be in international trade.
    In the May 3, 2022, CNOR (87 FR 26152), the yellow-browed toucanet 
was assigned an LPN of 2. After reevaluating the available information, 
we find that no change in the LPN is warranted. The estimated 
population is small within a restricted range. The magnitude of threats 
to the habitat remains high, and its population is likely declining. 
Therefore, an LPN of 2 remains valid for this species to reflect 
imminent threats of high magnitude.

Colorado Delta Clam

    The Colorado Delta clam (Mulinia modesta; junior synonym = M. 
coloradoensis) is a relatively large, light-colored estuarine bivalve 
that was once very abundant at the head of the Gulf of California in 
the Colorado River estuary. The species currently occurs in the upper, 
northern, and central portions of the Gulf of California, and is 
capable of living in salinities ranging from brackish (mixture of salt 
and fresh water) to full seawater. In March 2012, the Colorado Delta 
clam became a candidate species through the Arizona Ecological Services 
field office (FWS 2012, entire). A 12-month finding published in the 
Federal Register on April 25, 2013, determined that the species 
warrants protection, but was precluded from listing at the time (78 FR 
24604).
    The species inhabits shallow, muddy waters of the coast and 
requires adequate substrate and water salinity to successfully breed 
and develop. The range of the species is relatively large, although 
densities are significantly lower than they were historically.
    We are not aware of the total population covering the entire range 
of the species. The historical population of the Colorado Delta clam in 
the upper Gulf was estimated to be at least 5 billion individuals, 
accounting for 84-95 percent of all bivalve mollusks in the upper Gulf. 
However, after decades of dam building on the Colorado River and its 
tributaries, the Colorado Delta clam is estimated to be 6 percent as 
abundant in the upper Gulf as it was before dam construction began. 
Environmental changes to the estuary associated with reduced river flow 
include increased salinity, decreased sediment load, decreased input of 
naturally derived nutrients, and elimination of the spring/summer 
flood. From the 1990s until 2017, 0 percent of the Colorado River 
flowed into the Gulf. Since 2017, 2 percent of the river flow has 
reached the Gulf of California. Low flows are expected to continue and 
worsen as climate-change-induced drought reduces river flow.
    A binational agreement with Mexico requires the United States to 
invest in water conservation, habitat restoration, and scientific 
monitoring projects in the delta and release approximately 2 percent of 
natural flow through 2026. The clam will likely benefit from ongoing 
efforts to conserve other species and their habitats within the greater 
Gulf of California, e.g., the totoaba (Totoaba macdonaldi) and the 
vaquita porpoise (Phocoena sinus). Portions of the species' range occur 
within two protected areas that are part of the UNESCO Biosphere 
Reserve Program and are owned and managed by the Mexican Government.
    In the May 3, 2022, CNOR (87 FR 26152), the Colorado Delta clam was 
assigned an LPN of 8. After reevaluating the threats to this species, 
we have determined that no change in its LPN of 8 is warranted. The 
threat of habitat loss and degradation in the Colorado Delta region is 
ongoing. However, this threat appears to be affecting the clam in upper 
Gulf of California and not throughout remainder of its range. 
Therefore, an LPN of 8 remains valid to reflect imminent threats of 
moderate magnitude.

Petitions To Reclassify Species Already Listed

    We previously made warranted-but-precluded findings on petitions 
seeking to reclassify threatened species to endangered status for delta 
smelt (Hypomesus transpacificus), grizzly bear (Ursus arctos 
horribilis), and northern spotted owl (Strix occidentalis caurina). 
Because these species are already listed under the Act, they are not 
candidates for listing and are not included in table 5, below. Below, 
we provide updated summaries for these species previously found to be 
warranted but precluded for uplisting.
    This document and associated species assessment forms constitute 
the findings for the resubmitted petitions to reclassify the delta 
smelt and northern spotted owl. Summaries of our updated assessments 
for these species are provided below. We find that reclassification to 
endangered status for the delta smelt and northern spotted owl are 
currently warranted but precluded by work identified above (see 
Findings for Petitioned Candidate Species, above). One of the primary 
reasons that the work identified above is considered to have higher 
priority is that these species are currently listed as threatened, and 
therefore already receive certain protections under the Act. We also 
find that reclassficiation to endangered status for the grizzly bear is 
no longer warranted. Therefore, the grizzly bear in the North Cascades 
ecosystem (NCE) will remain a threatened species. For the delta smelt, 
grizzly bear, and northern spotted owl, those protections are set forth 
in our regulations at 50 CFR 17.31 and, by reference, 50 CFR 17.21. It 
is therefore unlawful for any person, among other prohibited acts, to 
take (i.e., to harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect, or attempt to engage in such activity) a delta 
smelt or northern spotted owl, subject to applicable exceptions.
    Other protections that currently apply to these threatened species 
include those under section 7(a)(2) of the Act, whereby Federal 
agencies must insure that any action they authorize, fund, or carry out 
is not likely to jeopardize the continued existence of any endangered 
or threatened species.

Northern Spotted Owl

    On June 26, 1990, we published in the Federal Register (55 FR 
26114) a final rule listing the northern spotted owl (Strix 
occidentalis caurina) as a threatened species. On August 21, 2012, we 
received a petition dated August 15, 2012, from the Environmental 
Protection Information Center (EPIC) requesting that the northern 
spotted owl be listed as an endangered species pursuant to the Act. On 
April 10, 2015, we published a 90-day finding (80 FR

[[Page 41578]]

19259), in which we announced that the petition presented substantial 
information indicating that reclassification may be warranted for the 
northern spotted owl and that our status review would also constitute 
our 5-year status review for the species. On December 15, 2020, we 
published a 12-month finding in the Federal Register (85 FR 81144) in 
which we stated that reclassification of the northern spotted owl from 
threatened to endangered was warranted but precluded by higher-priority 
actions. On May 3, 2022, a warranted-but-precluded finding for this 
taxon was included in a CNOR in the Federal Register (87 FR 26152).
    The northern spotted owl is the largest of three subspecies of 
spotted owls, and inhabits structurally complex forests from 
southwestern British Columbia through Washington and Oregon, and into 
northern California. The historical range of the northern spotted owl 
included most mature forests or stands throughout the Pacific 
Northwest, from southwestern British Columbia to as far south as Marin 
County, California. The current range of the northern spotted owl is 
smaller than the historical range, as the northern spotted owl is 
extirpated or very uncommon in certain areas such as southwestern 
Washington and British Columbia.
    The northern spotted owl inhabits structurally complex forests, 
from southwestern British Columbia through Washington and Oregon and 
into northern California. Northern spotted owls rely on older forested 
habitats because such forests contain the structures and 
characteristics required for nesting, roosting, and foraging. The 
northern spotted owl is relatively long-lived, has a long reproductive 
life span (6-9 years, Loschl 2008, p. 107), invests significantly in 
parental care, and exhibits high adult survivorship relative to other 
North American owls (Forsman et al. 1984, entire; Guti[eacute]rrez et 
al. 1995, p. 5). Northern spotted owl diets vary across owl 
territories, years, seasons, geographical regions, and forest type 
(Forsman et al. 2001, pp. 146-148; 2004, pp. 217-220). Home-range sizes 
of the northern spotted owl vary geographically, generally increasing 
from south to north, which is likely a response to differences in 
habitat quality including structural complexity of forest conditions 
and availability of prey (55 FR 26114; June 26, 1990). Within the home 
range, there is typically a smaller area of concentrated activity 
(approximately 20 percent of the home range), often referred to as the 
core area (Bingham and Noon 1997, pp. 133-135). Successful juvenile 
dispersal may depend on locating unoccupied suitable habitat in close 
proximity to other occupied sites (LaHaye et al. 2001, pp. 697-698). 
Habitat requirements for nesting and roosting are nearly identical. 
However, nesting habitat is most often associated with a high incidence 
of large trees with various deformities or large snags suitable for 
nest placement. Foraging habitat is the most variable of all habitats 
used by territorial northern spotted owls, and is closely tied to the 
prey base. Foraging habitat generally has attributes similar to those 
of nesting/roosting habitat, but foraging habitat may not always 
support successful nesting pairs (Service 1992, pp. 22-25). Dispersal 
habitat is essential to maintaining stable populations by providing 
connectivity for owls filling territorial vacancies when resident 
northern spotted owls die or leave their territories, and by providing 
adequate gene flow across the range of the subspecies.
    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to the northern spotted owl, and we evaluated all relevant factors 
under the five listing factors, including any regulatory mechanisms and 
conservation measures addressing these stressors. The primary stressors 
affecting the northern spotted owl's biological status include lag 
effects of past habitat loss, continued timber harvest, wildfire, and 
incursion of the nonnative barred owl (which is currently the stressor 
with the largest negative impact on northern spotted owls). On non-
Federal lands, State regulatory mechanisms have not prevented the 
continued decline of nesting/roosting and foraging habitat; the amount 
of northern spotted owl habitat on these lands has decreased 
considerably over the past three decades, including in geographic areas 
where Federal lands are lacking. On Federal lands, the Northwest Forest 
Plan has reduced habitat loss and allowed for the development of new 
northern spotted owl habitat, and the 2016 revised resource management 
plans for Bureau of Land Management lands in western Oregon are 
expected to do the same; however, the combined effects of climate 
change, high-severity wildfire, and past management practices are 
changing forest ecosystem processes and dynamics, and the expansion of 
barred owl populations is altering the capacity of intact habitat to 
support northern spotted owls.
    Therefore, we continue to find reclassification of the northern 
spotted owl as an endangered species under the Act is warranted and 
retain an LPN of 3. This priority number indicates the magnitude of 
threat is high and those threats are imminent. The magnitude of threats 
is considered high because the barred owl has expanded throughout the 
entire range of the northern spotted owl, outcompeting northern spotted 
owl for resources and altering the capacity of intact habitat to 
support northern spotted owl. Furthermore, the combined effects of 
climate change, high-severity wildfire, and past management practices 
are changing forest ecosystem processes and dynamics (including 
patterns of wildfires and insect and forest disease outbreaks) to a 
degree greater than anticipated in the NWFP; these changes are likely 
to lead to greater stress on northern spotted owl populations. Threats 
are ongoing and therefore imminent because competition from the barred 
owl is already significantly impacting the northern spotted owl and 
there are no conservation measures currently in place that have 
demonstrated success at alleviating this threat at a regional scale. We 
note that an LPN of 3 does not connote that uplisting the species to 
endangered is a high priority for the Service. Proposed rules to 
reclassify threatened species to endangered are a lower priority than 
listing currently unprotected species (i.e., candidate species), since 
species currently listed as threatened are already afforded the 
protection of the Act and implementing regulations.
    A detailed discussion of the basis for this finding can be found in 
our northern spotted owl species assessment (see ADDRESSES, above), as 
well as in our 12-month finding published on December 15, 2020, in the 
Federal Register (85 FR 81144), in which we found that reclassification 
of the northern spotted owl from threatened to endangered was warranted 
but precluded by higher-priority actions.

Delta Smelt

    The following summary is based on information contained in our 
files and the April 7, 2010, 12-month finding published in the Federal 
Register (75 FR 17667); see that 12-month finding for additional 
information on why reclassification to endangered is warranted but 
precluded. In our 12-month finding, we determined that a change in 
status of the delta smelt (Hypomesus transpacificus) from threatened to 
endangered was warranted, although precluded by other high-priority 
listings. The primary rationale for reclassifying delta smelt from 
threatened to endangered was the significant declines in species 
abundance that have occurred since 2001, and the continuing and 
unabated

[[Page 41579]]

downward trend in all delta smelt cohorts after 2011 supports that 
finding. The 2015-2020 results from all four of the surveys analyzed in 
the review have been the lowest ever recorded for the delta smelt. 
Delta smelt abundance, as indicated by the Fall Midwater Trawl (FMWT) 
survey, was exceptionally low between 2004 and 2010, increased during 
the wet year of 2011, and decreased again to very low levels at 
present. The last three FMWT surveys (2018-2020) did not detect a 
single delta smelt, resulting in an abundance index of 0. The latest 
2021 Spring Kodiak Trawl (SKT) survey resulted in an abundance index of 
0. Abundance estimates for this year's adult spawning stock based on 
the SKT and the enhanced delta smelt monitoring surveys were the lowest 
estimates on record with 0 and 267 fish, respectively.
    The primary threats to the delta smelt are direct entrainments by 
State and Federal water export facilities, reduction of suitable 
habitat through summer and fall increases in salinity and water clarity 
resulting from decreases in freshwater flow into the estuary, and 
effects from introduced species. Ammonia in the form of ammonium may 
also be a significant threat to the survival of the delta smelt. 
Additional potential threats are predation by striped bass (Morone 
saxatilis), largemouth bass (Micropterus salmoides), and inland 
silversides (Menidia beryllina); contaminants; climate change; and 
small population size. We have identified a number of existing 
regulatory mechanisms that provide protective measures that affect the 
stressors acting on the delta smelt. Despite these existing regulatory 
mechanisms and other conservations efforts, the stressors continue to 
act on the species such that it is warranted for uplisting under the 
Act.
    As a result of our analysis of the best scientific and commercial 
data available, we have retained the recommendation of uplisting the 
delta smelt to an endangered species. We have assigned an LPN of 2, 
based on the imminent, high magnitude threats faced by the species. The 
magnitude of the threats is high because the threats occur rangewide 
and result in mortality or significantly reduce the reproductive 
capacity of the species. The threats are imminent because they are 
ongoing and, in some cases (e.g., nonnative species), considered 
irreversible. Thus, we are maintaining an LPN of 2 for this species.
    We note that an LPN of 2 does not connote that uplisting the 
species to endangered is a high priority for the Service. Since the 
delta smelt's current classification as threatened and the blanket 4(d) 
rule that has prescribed protections for the species since it was 
listed already provide the species the protections afforded by the Act, 
uplisting the species to endangered status will not substantively 
increase protections for the delta smelt, but rather more accurately 
classifies the species given its current status.

Grizzly Bear, North Cascades Ecosystem

    The grizzly bear (Ursus arctos horribilis) was listed as a 
threatened species in the conterminous 48 States in 1975 (40 FR 31734, 
July 28, 1975). Since 1990, we have received and reviewed five 
petitions requesting a change in status for the North Cascades grizzly 
bear population in Washington (55 FR 32103, August 7, 1990; 56 FR 
33892, July 24, 1991; 57 FR 14372, April 20, 1992; 58 FR 43856, August 
18, 1993; 63 FR 30453, June 4, 1998). In response to these petitions, 
we determined that the North Cascades Ecosystem (NCE) grizzly bear 
population warranted a change to endangered status. We have continued 
to find that these petitions are warranted but precluded through our 
annual CNOR process. However, we noted in our CNOR for FY 2021 (87 FR 
26152; May 3, 2022) that based on a limited number of grizzly bear 
observations in the past few decades, the NCE may no longer contain a 
population. We now find that the NCE does not contain a grizzly bear 
population based on: (1) the amount of search effort without finding 
any evidence of grizzly bears or a confirmed population; (2) a limited 
number of grizzly bear detections in the NCE in the past few decades; 
and (3) the time since the last confirmed detection (1996).
    The greater NCE constitutes a large area of contiguous grizzly bear 
habitat that spans the international border between the United States 
and Canada but is relatively isolated from grizzly bear populations in 
other parts of the two countries (Lyons et al. 2018, entire; Service 
2022, p. 4). Natural recolonization by females is unlikely in the near 
future due to the low numbers of bears in nearby populations and the 
highly fragmented landscape (Proctor et al. 2004, pp. 1113-1114; NPS 
and Service 2017, p. 36; Service 2022, p. 55); however, there are at 
least three grizzly bear populations within the long-distance dispersal 
range of males (67-176 km; 42-109 mi) (Service 2022, p. 55). The U.S. 
portion of the ecosystem extends across the crest of the Cascade Range 
from the temperate rainforests of the west side to the dry ponderosa 
pine forests and sage-steppe on the east side, and comprises one of the 
most intact wildland areas in the contiguous United States. Historical 
records indicate that grizzly bears once occurred throughout the 
greater NCE (Rine et al. 2018, entire; Rine et al. 2020, entire). A 
grizzly bear habitat evaluation was conducted from 1986 to 1991 in 
response to recommendations made in our 1982 nationwide Grizzly Bear 
Recovery Plan. That habitat evaluation, along with a subsequent report 
by the Interagency Grizzly Bear Committee (IGBC) technical committee 
review team, concluded that the U.S. portion of the NCE contained 
sufficient habitat quality to maintain and recover a grizzly bear 
population (Servheen et al. 1991, entire; Almack et al. 1993, entire). 
A more recent model combining habitat and population dynamics indicated 
the U.S. portion of the NCE is capable of supporting a grizzly bear 
population of approximately 280 bears (Lyons et al. 2018, pp. 28-29).
    Previous studies have compiled reports of grizzly bears in the NCE 
and provided estimates of grizzly bear abundance. Sullivan (1983, 
entire) summarized 233 contemporary and historical reports of grizzly 
bears. An additional 33 reports of grizzly bear were documented from 
1859-1982 and 153 reports from 1983-1991, and 20 of these reports were 
classified as ``highly reliable'' (Almack et al. 1993, entire). From 
1989-1991, remote cameras and traps were set in locations where there 
were recent and relatively reliable sightings but did not detect 
grizzly bears (Almack et al. 1993, p. 13). Nevertheless, based on their 
review of reliable reports, Almack et al. (1993, p. 21) concluded that 
a small number of grizzly bears likely persisted in the U.S. portion of 
the NCE in the early 1990s. In the British Columbia (B.C.), Canada, 
portion of the NCE, sightings and supplementation of grizzly bears from 
other areas led biologists to estimate the number of grizzly bears to 
be 17-23 individuals (Gyug 1998, p. 9).
    Since the 1990s, there have been numerous surveys for bears and 
other carnivores in the NCE. Several of these surveys were designed 
specifically to attract and detect grizzly bears using scented lures 
and snares that collect hair for DNA extraction. Hair-snare surveys in 
the NCE that focused on black bears and grizzly bears were conducted 
from 1999-2000, covering approximately 10 percent of the U.S. portion 
of the NCE and distributed in prime bear habitat or areas with previous 
detections (Romain-Bondi et al. 2004, entire). Additional hair-snare 
surveys were conducted from 2008-2011 (Long et al. 2013, entire), and 
2014-2019 (W.L. Gaines 2022, pers. comm.). These efforts were focused

[[Page 41580]]

largely on remote locations and the highest quality bear habitat (as 
indicated by a 70 percent success in detecting black bears with cameras 
and at hair snares) and covered about 25 percent of the U.S. portion of 
the NCE (Gaines et al. 2019, p. 3). Based on their success in detecting 
black bears and success others have experienced in detecting grizzly 
bears using similar methods (e.g., Poole et al. 2001, entire; Romain-
Bondi et al. 2004, entire; Sawaya et al. 2012, entire), their methods 
afforded a reasonably high probability of detecting a grizzly bear if 
it were present in the sampled area (Gaines et al. 2019, p. 3). No 
grizzly bears were detected in the U.S. portion of the NCE during any 
of these surveys from 1999-2019.
    In addition to hair-snare studies, many trail-camera surveys for 
grizzly bears and various forest and montane carnivores have not 
detected grizzly bears in the U.S. portion of the NCE (e.g., 
Christophersen 2006, pp. 5-8; Baum et al. 2018, p. 16; King et al. 
2020, pp. 712-714; Whiles 2021, pp. 19-22; J. Ransom 2022, pers. 
comm.). For example, one study that included the NCE and the Kettle 
Mountains of northeastern Washington, reported 47,620 camera-nights of 
effort over two summers, using 650 cameras without any confirmed 
detections of a grizzly bear (King et al. 2020, p. 712). In addition to 
these formal camera surveys, recreationists and workers in the NCE 
backcountry represent a substantial amount of additional informal 
search effort that has not resulted in a confirmed observation of a 
single grizzly bear within the U.S. portion of the NCE for the last 26 
years.
    There have been only three confirmed detections of grizzly bears in 
the greater NCE, which includes Canada, in the past 10 years. All three 
detections occurred in B.C. but may comprise only two individuals (Rine 
et al. 2018, p. 41). The last confirmed grizzly bear sighting in the 
B.C. portion of the NCE was in 2015, near the East Gate of Manning 
Park, Canada, approximately 14.5 km (9 mi) from the U.S.-Canada border. 
There has been no confirmed evidence of grizzly bears within the U.S. 
portion of the NCE since 1996, when an individual grizzly bear was 
observed on the southeastern side of Glacier Peak within the Glacier 
Peak Wilderness Area. The most recent direct evidence of reproduction 
in the U.S. portion of the ecosystem was a confirmed observation of a 
female and cub on upper Lake Chelan in 1991 (Almack et al. 1993, p. 
34). We cannot completely rule out the possibility of occasional 
transient grizzly bears or relictual individuals persisting in the more 
inaccessible areas of the NCE in the United States; however, the lack 
of evidence for reproduction or confirmed detections despite decades of 
search effort for one of the largest and most identifiable land mammals 
in North America leads us to conclude that the NCE grizzly bear 
population in the United States is extirpated (see Gaines et al. 2019, 
entire; Lewis 2019, p. 5). Therefore, it is no longer warranted for 
uplisting, and we are removing it from the candidate list. This finding 
specifically addresses the aforementioned petitions; it does not alter 
or modify the listing of grizzly bear as a threatened species in the 
conterminous United States.
    The NCE is relatively isolated from other ecosystems with grizzly 
bear populations in Canada and the United States (Mowat et al. 2013, 
pp. 4-10; Morgan et al. 2019, p. 3). Natural recolonization is unlikely 
in the near future due to the highly fragmented landscape between these 
areas, as well as the distance between these ecosystems, which is 
beyond the average female dispersal distance. Therefore, it is unlikely 
that a grizzly bear population will become established in the ecosystem 
on its own (NPS and Service 2017, p. 36; Service 2022, p. 55). We 
continue to work with our partners and stakeholders to maintain grizzly 
bear habitat protections in the NCE as we consider restoration options 
in the United States.

Current Notice of Review

    We gather data on plants and animals, both native and foreign to 
the United States, that appear to merit consideration for addition to 
the Lists of Endangered and Threatened Wildlife and Plants (Lists). 
This document identifies those species that we currently regard as 
candidates for addition to the Lists. These candidates include species 
and subspecies of fish, wildlife, or plants, and DPSs of vertebrate 
animals. This compilation relies on information from status surveys 
conducted for candidate assessment and on information from Tribes, 
State Natural Heritage Programs, other State and Federal agencies, 
foreign countries, knowledgeable scientists, public and private natural 
resource interests, and comments received in response to previous 
CNORs.
    Tables 5 and 6, below, list animals arranged alphabetically by 
common names under the major group headings, and list plants 
alphabetically by names of genera, species, and relevant subspecies and 
varieties. Animals are grouped by class or order. Useful synonyms and 
subgeneric scientific names appear in parentheses with the synonyms 
preceded by an ``equals'' sign. We sort plants by scientific name due 
to the inconsistencies in common names, the inclusion of vernacular and 
composite subspecific names, and the fact that many plants still lack a 
standardized common name.
    Table 5 lists all candidate species, plus species currently 
proposed for listing under the Act (as of September 30, 2022). We 
emphasize that in this document that we are not proposing to list any 
of the candidate species; rather, we will develop and publish proposed 
listing rules for these species in the future. We encourage Tribes, 
State agencies, other Federal agencies, foreign countries, and other 
parties to consider these species in environmental planning.
    In table 5, the ``category'' column on the left side of the table 
identifies the status of each species according to the following codes:

    PE--Species proposed for listing as endangered. This category, 
as well as PT and PSAT (below), does not include species for which 
we have withdrawn or finalized the proposed rule.
    PT--Species proposed for listing as threatened.
    PSAT--Species proposed for listing as threatened due to 
similarity of appearance.
    C--Candidates: Species for which we have on file sufficient 
information on biological vulnerability and threats to support 
proposals to list them as endangered or threatened. Issuance of 
proposed rules for these species is precluded at present by other 
higher-priority listing actions. This category includes species for 
which we made a 12-month warranted-but-precluded finding on a 
petition to list. Our analysis for this document included making new 
findings on all petitions for which we previously made ``warranted-
but-precluded'' findings. We identify the species for which we made 
a continued warranted-but-precluded finding on a resubmitted 
petition by the code ``C*'' in the category column (see Findings for 
Petitioned Candidate Species, above, for additional information).

    The ``Priority'' column indicates the LPN for each candidate 
species, which we use to determine the most appropriate use of our 
available resources. The lowest numbers have the highest priority. We 
assign LPNs based on the immediacy and magnitude of threats, as well as 
on taxonomic status. We published a complete description of our listing 
priority system in the Federal Register (48 FR 43098; September 21, 
1983).
    Following the scientific name (third column) and the family 
designation (fourth column) is the common name (fifth column). The 
sixth column provides the known historical range for the species or 
vertebrate population (for vertebrate populations, this is the

[[Page 41581]]

historical range for the entire species or subspecies and not just the 
historical range for the distinct population segment), indicated by 
postal code abbreviations for States and U.S. territories or by country 
for foreign species. Many species no longer occur in all of the areas 
listed.
    Species in table 6 of this document are those species that we 
included either as proposed species or as candidates in the previous 
CNOR (87 FR 26152; May 3, 2022) that are no longer proposed species or 
candidates for listing (as of September 30, 2022). In FY 2022 (or 
after; please see note to table 6, below), we listed nine species and 
removed one species from the candidate list by withdrawing a proposed 
rule. We also find that uplisting is no longer warranted but precluded 
for a population of one species. The first column indicates the present 
status of each species, using the following codes:

    E--Species we listed as endangered.
    T--Species we listed as threatened.
    Rc--Species we removed from the candidate list, because 
currently available information does not support a proposed listing.
    Rp--Species we removed from the candidate list, because we have 
withdrawn the proposed listing.

    The second column indicates why the species is no longer a 
candidate species or proposed for listing, using the following codes 
(not all of these codes may have been used in this CNOR):

    L--Species we added to the Lists of Endangered and Threatened 
Wildlife and Plants.
    N--Species that are not listable entities based on the Act's 
definition of ``species'' and current taxonomic understanding.
    X--Species we believe to be extinct.

    The columns describing scientific name, family, common name, and 
historical range include information as previously described for table 
5.

Request for 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 to monitor changes in the status or LPN of candidate 
species and to manage candidates as we prepare listing documents and 
future revisions to the CNOR. We also request information on additional 
species to consider including as candidates as we prepare future 
updates of this CNOR.
    We request you submit any further information on the species named 
in this document as soon as possible or whenever it becomes available. 
We are particularly interested in any information:

    (1) Indicating that we should add a species to the list of 
candidate species;
    (2) Indicating that we should remove a species from candidate 
status;
    (3) Recommending areas that we should designate as critical 
habitat, or indicating that designation of critical habitat would 
not be prudent;
    (4) Documenting threats to any of the included species;
    (5) Describing the immediacy or magnitude of threats facing 
candidate species;
    (6) Pointing out taxonomic or nomenclature changes for any of 
the species;
    (7) Suggesting appropriate common names; and
    (8) Noting any mistakes, such as errors in the indicated 
historical ranges.

    We will consider all information provided in response to this CNOR 
in deciding whether to propose species for listing and when to 
undertake necessary listing actions (including whether emergency 
listing under section 4(b)(7) of the Act is appropriate).
    Submit information, materials, or comments regarding the species to 
the person identified as having the lead responsibility for the species 
in table 4 below.

Table 4--Contacts for Candidate Species and Species Proposed for Listing
------------------------------------------------------------------------
            Species                  Name and address        Telephone
------------------------------------------------------------------------
``Ouachita'' fanshell, northern  Hugh Morrison, Acting      503-231-2176
 spotted owl, sand dune           Regional Director,
 phacelia, red tree vole.         U.S. Fish and Wildlife
                                  Service, Eastside
                                  Federal Complex, 911
                                  NE 11th Avenue,
                                  Portland, OR 97232-
                                  4181.
Bracted twistflower, cactus      Amy Lueders, Regional      505-248-6920
 ferruginous pygmy-owl,           Director, U.S. Fish
 prostrate milkweed, Rio Grande   and Wildlife Service,
 cutthroat trout.                 500 Gold Avenue SW,
                                  Room 4012,
                                  Albuquerque, NM 87102.
Northern long-eared bat,         Charles W. Traxler,        612-713-5334
 monarch butterfly, western       Acting Regional
 fanshell.                        Director, U.S. Fish
                                  and Wildlife Service,
                                  5600 American Blvd.
                                  West, Suite 990,
                                  Bloomington, MN 55437-
                                  1458.
Pascagoula map turtle, Pearl     Catherine Phillips,        404-679-4156
 River map turtle, Alabama map    Acting Regional
 turtle, Barbour's map turtle,    Director, U.S. Fish
 Escambia map turtle, alligator   and Wildlife Service,
 snapping turtle, Ocmulgee        1875 Century
 skullcap, magnificent ramshorn.  Boulevard, Suite 200,
                                  Atlanta, GA 30345.
Tricolored bat, bog buck moth..  Kyla Hastie, Acting        413-253-8200
                                  Regional Director,
                                  U.S. Fish and Wildlife
                                  Service, 300 Westgate
                                  Center Dr., Hadley, MA
                                  01035.
Grizzly bear, silverspot         Matt Hogan, Regional       303-236-7920
 butterfly.                       Director, U.S. Fish
                                  and Wildlife Service,
                                  134 Union Blvd.,
                                  Lakewood, CO 80228.
Delta smelt, Dixie Valley toad,  Paul Souza, Regional       916-414-6464
 Tiehm's buckwheat, foothill      Director, U.S. Fish
 yellow-legged frog, Sacramento   and Wildlife Service,
 Mountains checkerspot            2800 Cottage Way,
 butterfly, longfin smelt.        Suite W2606,
                                  Sacramento, CA 95825.
Sturgeon (Russian, ship,         Gary Frazer, Assistant     202-208-4646
 Persian, stellate, and Amur),    Director, Ecological
 black-backed tanager,            Services, U.S. Fish
 Bogot[aacute] rail,              and Wildlife Service,
 Bras[iacute]lia tapaculo,        5275 Leesburg Pike,
 Chatham oystercatcher, Gizo      MS: ES, Falls Church,
 white-eye, helmeted              VA 22041.
 woodpecker, Lord Howe Island
 pied currawong, Okinawa
 woodpecker, orange-fronted
 parakeet, takah[emacr], yellow-
 browed toucanet, Jamaican kite
 swallowtail, Kaiser-i-Hind
 swallowtail, Colorado Delta
 clam, Egyptian tortoise,
 fluminense swallowtail
 butterfly, Hahnel's Amazonian
 swallowtail butterfly,
 Harris's mimic swallowtail
 butterfly, Sira curassow,
 southern-helmeted curassow.
------------------------------------------------------------------------

    We will provide information we receive to the office having lead 
responsibility for each candidate species mentioned in the submission, 
and information and comments we receive will become part of the 
administrative

[[Page 41582]]

record for the species, which we maintain at the appropriate office.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your submission, be advised 
that your entire submission--including your personal identifying 
information--may be made publicly available at any time. Although you 
can ask us in your submission to withhold from public review your 
personal identifying information, we cannot guarantee that we will be 
able to do so.

Authority

    This document is published under the authority of the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

Martha Williams,
Director, U.S. Fish and Wildlife Service.

                                                           Table 5--Candidate Notice of Review
                                                                  [Animals and Plants]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Status
--------------------------------------------------      Scientific name              Family                Common name              Historical range
             Category                 Priority
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         MAMMALS
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE...............................  ..............  Perimyotis subflavus.....  Vespertilionidae....  Bat, tricolored..........  U.S.A. (AL, AK, CO, CT,
                                                                                                                                DE, DC, FL, GA, IL, IN,
                                                                                                                                IA, KS, KN, LA, ME, MD,
                                                                                                                                MA, MI, MN, MI, MO, NE,
                                                                                                                                NH, NJ, NM, NC, ND, OH,
                                                                                                                                OK, PA, RI, SC, TN, TX,
                                                                                                                                VT, VI, WV, WI, WY),
                                                                                                                                Mexico, Central America.
PT...............................  ..............  Rangifer tarandus          Cervidae............  Caribou, Dolphin-Union...  Canada.
                                                    groenlandicus x pearyi.
PE...............................  ..............  Tamias minimus             Sciuridae...........  Pe[ntilde]asco least       U.S.A (NM).
                                                    atristriatus.                                    chipmunk.
PT...............................  ..............  Gulo gulo luscus.........  Mustelidae..........  Wolverine, North American  U.S.A. (CA, CO, ID, MT,
                                                                                                     (Contiguous U.S. DPS).     OR, UT, WA, WY).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          BIRDS
--------------------------------------------------------------------------------------------------------------------------------------------------------
C *..............................               2  Pauxi koepckeae..........  Cracidae............  Curassow, Sira...........  Peru.
C *..............................               2  Pauxi unicornis..........  Cracidae............  Curassow, southern         Bolivia.
                                                                                                     helmeted.
C *..............................               6  Strepera graculina         Cracticidae.........  Currawong, Lord Howe       Lord Howe Island, New
                                                    crissalis.                                       Island pied.               South Wales.
C *..............................               8  Haematopus chathamensis..  Haematopodidae......  Oystercatcher, Chatham...  Chatham Islands, New
                                                                                                                                Zealand.
C *..............................               8  Cyanoramphus malherbi....  Psittacidae.........  Parakeet, orange-fronted.  New Zealand.
PT...............................  ..............  Aptenodytes forsteri.....  Spheniscidae........  Penguin, emperor.........  Antarctica.
PT...............................  ..............  Pterodroma hasitata......  Procellariidae......  Petrel, black-capped.....  Dominican Republic,
                                                                                                                                Haiti, U.S.A. (GA, NC,
                                                                                                                                SC).
PT...............................  ..............  Tympanuchus                Phasianidae.........  Prairie-chicken, lesser    U.S.A. (CO, KS, NM, OK,
                                                    pallidicinctus.                                  (northern DPS).            TX).
PE...............................  ..............  Tympanuchus                Phasianidae.........  Prairie-chicken, lesser    U.S.A. (CO, KS, NM, OK,
                                                    pallidicinctus.                                  (southern DPS).            TX).
PT...............................  ..............  Lagopus leucura            Phasianidae.........  Ptarmigan, Mt. Rainier     U.S.A. (WA), Canada (BC).
                                                    rainierensis.                                    white-tailed.
PT...............................  ..............  Glaucidium brasilianum     Strigidae...........  Pygmy-owl, cactus          U.S.A. (AZ, TX), Mexico.
                                                    cactorum.                                        ferruginous.
C *..............................               2  Rallus semiplumbeus......  Rallidae............  Rail, Bogota.............  Colombia.
C *..............................               8  Porphyrio hochstetteri...  Rallidae............  Takah[emacr].............  New Zealand.
C *..............................               8  Tangara peruviana........  Thraupidae..........  Tanager, black-backed....  Brazil.
C *..............................               2  Scytalopus novacapitalis.  Rhinocryptidae......  Tapaculo, Brasilia.......  Brazil.
C *..............................               2  Aulacorhynchus huallagae.  Ramphastidae........  Toucanet, yellow-browed..  Peru.
C *..............................               2  Zosterops luteirostris...  Zosteropidae........  White-eye, Gizo..........  Solomon Islands.
C *..............................               8  Celeus galeatus..........  Picidae.............  Woodpecker, helmeted.....  Argentina, Brazil,
                                                                                                                                Paraguay.
C *..............................               2  Dendrocopos noguchii.....  Picidae.............  Woodpecker, Okinawa......  Okinawa Island, Japan.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        REPTILES
--------------------------------------------------------------------------------------------------------------------------------------------------------
PT...............................  ..............  Plestiodon egregius        Scincidae...........  Florida keys mole skink..  U.S.A (FL).
                                                    egregius.
PT...............................  ..............  Testudo kleinmanni.......  Testudinidae........  Tortoise, Egyptian.......  Libya, Egypt, Israel.
C................................               8  Gopherus polyphemus......  Testudinidae........  Tortoise, gopher (eastern  U.S.A. (AL, FL, GA, LA,
                                                                                                     population).               MS, SC).
PSAT.............................  ..............  Graptemys pulchra........  Emydidae............  Turtle, Alabama map......  U.S.A. (MS, AL, GA, TN).
PT...............................  ..............  Macrochelys temminckii...  Chelydridae.........  Turtle, alligator          U.S.A. (AL, AK, FL, GA,
                                                                                                     snapping.                  IL, IN, KS, KN, LA, MS,
                                                                                                                                MO, OK, TN, TX).
PSAT.............................  ..............  Graptemys barbouri.......  Emydidae............  Turtle, Barbour's map....  U.S.A. (FL, GA, AL).
PSAT.............................  ..............  Graptemys ernsti.........  Emydidae............  Turtle, Escambia map.....  U.S.A. (AL, FL).
PSAT.............................  ..............  Graptemys gibbonsi.......  Emydidae............  Turtle, Pascagoula map...  U.S.A. (AL, MS).
PSAT.............................  ..............  Graptemys gibbonsi.......  Emydidae............  Turtle, Pascagoula map...  U.S.A. (AL, MS).

[[Page 41583]]

 
PT...............................  ..............  Graptemys pearlensis.....  Emydidae............  Turtle, Pearl River map..  U.S.A. (LA, MS).
PT...............................  ..............  Macrochelys suwanniensis.  Chelydridae.........  Turtle, Suwannee           U.S.A. (GA, FL).
                                                                                                     alligator snapping.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         FISHES
--------------------------------------------------------------------------------------------------------------------------------------------------------
PT...............................  ..............  Percina williamsi........  Percidae............  Darter, sickle...........  U.S.A (TN & VA).
PT...............................  ..............  Noturus munitus..........  Ictaluridae.........  Madtom, frecklebelly       U.S.A. (AL, GA, LA, MS,
                                                                                                     (Upper Coosa River DPS).   TN).
C................................               3  Spirinchus thaleichthys..  Osmeridae...........  Smelt, longfin (San        U.S.A. (CA).
                                                                                                     Francisco Bay-Delta DPS).
PE...............................  ..............  Acipenser schrenckii.....  Acipenseridae.......  Sturgeon, Amur...........  China, Russia.
PE...............................  ..............  Acipenser persicus.......  Acipenseridae.......  Sturgeon, Persian........  Armenia, +5 countries.
PE...............................  ..............  Acipenser gueldenstaedtii  Acipenseridae.......  Sturgeon, Russian........  Armenia, +19 countries.
PE...............................  ..............  Acipenser nudiventris....  Acipenseridae.......  Sturgeon, ship...........  Armenia, +18 countries.
PE...............................  ..............  Acipenser stellatus......  Acipenseridae.......  Sturgeon, stellate.......  Armenia, +19 countries.
PSAT.............................  ..............  Salvelinus malma.........  Salmonidae..........  Trout, Dolly Varden......  U.S.A. (AK, WA), Canada,
                                                                                                                                East Asia.
C *..............................               9  Oncorhynchus clarkii       Salmonidae..........  Trout, Rio Grande          U.S.A. (CO, NM, TX).
                                                    virginalis.                                      cutthroat.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          CLAMS
--------------------------------------------------------------------------------------------------------------------------------------------------------
C *..............................               8  Mulinia modesta..........  Mactridae...........  Clam, Colorado Delta.....  Mexico.
PT...............................  ..............  Cyprogenia sp. cf. aberti  Unionidae...........  Fanshell, ``Ouachita''...  U.S.A. (AK, LA).
PT...............................  ..............  Cyprogenia aberti........  Unionidae...........  Fanshell, western........  U.S.A. (AK, KS, MO, OK).
PE...............................  ..............  Lampsilis bergmanni......  Unionidae...........  Fatmucket, Guadalupe.....  U.S.A. (TX).
PE...............................  ..............  Lampsilis bracteata......  Unionidae...........  Fatmucket, Texas.........  U.S.A. (TX).
PT...............................  ..............  Truncilla macrodon.......  Unionidae...........  Fawnsfoot, Texas.........  U.S.A. (TX).
PT...............................  ..............  Obovaria subrotunda......  Unionidae...........  Hickorynut, round........  U.S.A. (AL, GA, IL, IN,
                                                                                                                                KY, MI, MS, NY, OH, PA,
                                                                                                                                TN, WV), Canada.
PT...............................  ..............  Fusconaia subrotunda.....  Unionidae...........  Longsolid................  U.S.A. (AL, GA, IL, IN,
                                                                                                                                KY, MS, MO, NY, NC, OH,
                                                                                                                                PA, SC, TN, VA, WV).
PE...............................  ..............  Cyclonaias necki.........  Unionidae...........  Orb, Guadalupe...........  U.S.A. (TX).
PT...............................  ..............  Pleurobema rubrum........  Unionidae...........  Pigtoe, pyramid..........  U.S.A. (AL, KY, TN).
PE...............................  ..............  Cyclonaias petrina.......  Unionidae...........  Pimpleback, Texas........  U.S.A. (TX).
PE...............................  ..............  Fusconaia mitchelli......  Unionidae...........  Spike, false.............  U.S.A. (TX).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         SNAILS
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE...............................  ..............  Planorbella magnifica....  Planorbidae.........  Ramshorn, magnificent....  U.S.A. (NC).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         INSECTS
--------------------------------------------------------------------------------------------------------------------------------------------------------
C *..............................               2  Parides ascanius.........  Papilionidae........  Butterfly, fluminense      Brazil.
                                                                                                     swallowtail.
C *..............................               2  Parides hahneli..........  Papilionidae........  Butterfly, Hahnel's        Brazil.
                                                                                                     Amazonian swallowtail.
C *..............................               3  Mimoides (= Eurytides)     Papilionidae........  Butterfly, Harris' mimic   Brazil.
                                                    lysithous harrisianus.                           swallowtail.
C *..............................               2  (Protographium (=          Papilionidae........  Butterfly, Jamaican kite   Jamaica.
                                                    Eurytides) marcellinus).                         swallowtail.
C *..............................               8  Teinopalpus imperialis...  Papilionidae........  Butterfly, Kaiser-i-Hind   Bhutan, China, India,
                                                                                                     swallowtail.               Laos, Myanmar, Nepal,
                                                                                                                                Thailand, Vietnam.
C *..............................               8  Danaus plexippus.........  Nymphalidae.........  Butterfly, monarch.......  U.S.A. + 90 Countries.
PE...............................  ..............  Euphydryas anicia          Nymphalidae.........  Butterfly, Sacramento      U.S.A. (NM).
                                                    cloudcrofti.                                     Mountains checkerspot.
PT...............................  ..............  Speyeria nokomis nokomis.  Nymphalidae.........  Butterfly, silverspot....  U.S.A. (CO, UT).
PE...............................  ..............  Hemileuca maia             Saturniidae.........  Moth, bog buck...........  U.S.A. (NY), Canada.
                                                    menyanthevora.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    FLOWERING PLANTS
--------------------------------------------------------------------------------------------------------------------------------------------------------
PT...............................  ..............  Streptanthus bracteatus..  Brassicaceae........  bracted twistflower......  U.S.A. (TX).
PT...............................  ..............  Scutellaria ocmulgee.....  Lamiaceae...........  Ocmulgee skullcap........  U.S.A. (GA, SC).
PT...............................  ..............  Pinus albicaulis.........  Pinaceae............  Pine, whitebark..........  U.S.A. (CA, ID, MT, NV,
                                                                                                                                OR, WA, WY), Canada (AB,
                                                                                                                                BC).

[[Page 41584]]

 
PE...............................  ..............  Asclepias prostrata......  Apocynaceae.........  prostrate milkweed.......  U.S.A. (TX), Mexico.
PT...............................  ..............  Phacelia argentea........  Boraginaceae........  sand dune phacelia.......  U.S.A. (CA, OR).
PT...............................  ..............  Cirsium wrightii.........  Asteraceae..........  Thistle, Wright's marsh..  U.S.A. (AZ, NM), Mexico.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       AMPHIBIANS
--------------------------------------------------------------------------------------------------------------------------------------------------------
PT...............................  ..............  Rana boylii..............  Ranidae.............  Frog, foothill yellow-     U.S.A. (CA).
                                                                                                     legged (Central Coast
                                                                                                     DPS).
PT/PE............................  ..............  Rana boylii..............  Ranidae.............  Frog, foothill yellow-     U.S.A. (CA).
                                                                                                     legged (South Coast DPS).
PT/PE............................  ..............  Rana boylii..............  Ranidae.............  Frog, foothill yellow-     U.S.A. (CA).
                                                                                                     legged (South Sierra
                                                                                                     DPS).
PT...............................  ..............  Rana boylii..............  Ranidae.............  Frog, foothill yellow-     U.S.A. (CA).
                                                                                                     legged (North Feather
                                                                                                     DPS).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         LICHENS
--------------------------------------------------------------------------------------------------------------------------------------------------------
PE...............................  ..............  Donrichardsia macroneuron  Brachytheciaceae....  Moss, South Llano Springs  U.S.A. (TX).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.
C *: candidate species for which we received petitions and made a continued warranted-but-precluded finding on a resubmitted petition.


                                    Table 6--Animals and Plants Formerly Candidates or Formerly Proposed for Listing
--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Status
----------------------------------------------       Scientific name               Family                 Common name              Historical range
             Category                Priority
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          BIRDS
--------------------------------------------------------------------------------------------------------------------------------------------------------
T *...............................          L  Aptenodytes forsteri......  Spheniscidae.........  Penguin, emperor..........  Antarctica.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         MAMMALS
--------------------------------------------------------------------------------------------------------------------------------------------------------
E *...............................          L  Myotis septentrionalis....  Vespertilionidae.....  Bat, northern long-eared..  U.S.A. (AL, AK, CO, CT,
                                                                                                                               DE, DC, FL, GA, IL, IN,
                                                                                                                               IA, KS, KN, LA, ME, MD,
                                                                                                                               MA, MI, MN, MI, MO, MT,
                                                                                                                               NE, NH, NJ, NM, NC, NY,
                                                                                                                               ND, OH, OK, PA, RI, SC,
                                                                                                                               SD, TN, TX, VT, VI, WV,
                                                                                                                               WI, WY), Canada.
Rc................................          X  Ursus arctos horribilis...  Ursidae..............  Bear, grizzly (North        U.S.A. (WA), Canada.
                                                                                                   Cascades Ecosystem).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        REPTILES
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rc................................          5  Gopherus morafkai.........  Testudinidae.........  Tortoise, Sonoran desert..  U.S.A. (AZ), Mexico.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         FISHES
--------------------------------------------------------------------------------------------------------------------------------------------------------
E.................................          L  Macrhybopsis tetranema....  Cyprinidae...........  Chub, peppered............  U.S.A. (CO, KS, NM, OK,
                                                                                                                               TX).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          CLAMS
--------------------------------------------------------------------------------------------------------------------------------------------------------
E.................................          L  Pleurobema athearni.......  Unionidae............  Clubshell, Canoe Creek....  U.S.A. (AL).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         INSECTS
--------------------------------------------------------------------------------------------------------------------------------------------------------
T *...............................          L  Atlantea tulita...........  Nymphalidae..........  Butterfly, Puerto Rico      U.S.A. (PR).
                                                                                                   harlequin.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       AMPHIBIANS
--------------------------------------------------------------------------------------------------------------------------------------------------------
E *...............................          L  Anaxyrus williamsi........  Bufonidae............  Toad, Dixie Valley........  U.S.A. (NV).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    FLOWERING PLANTS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rp................................          N  Astragalus schmolliae.....  Fabaceae.............  Chapin Mesa milkvetch.....  U.S.A. (CO).
E.................................          L  Eryngium sparganophyllum..  Apiaceae.............  Arizona eryngo............  U.S.A. (AZ).

[[Page 41585]]

 
E *...............................          L  Eriogonum tiehmii.........  Polygonaceae.........  Tiehm's buckwheat.........  U.S.A. (NV).
E.................................          L  Solanum conocarpum........  Solanaceae...........  marron bacora.............  U.S.A. (PR).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.
* Denotes species for which a final listing determination has published subsequent to the end of FY 2022 (after September 30, 2022).

[FR Doc. 2023-13577 Filed 6-26-23; 8:45 am]
BILLING CODE 4333-15-P