Browse: Departments   Dates   Agencies  

DEPARTMENT OF THE INTERIOR

Transportation Department

CFR Citation: 50 CFR Part 17

NOTICE: Part III

DOCUMENT ACTION: Notice of review.

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

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

DOCUMENT SUMMARY: In this 2003 Candidate Notice of Review (CNOR), we, the U.S. Fish and Wildlife Service (Service), present an updated list of plant and animal species native to the United States that we regard as candidates or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended. Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, allowing resource managers to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if we subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting candidate conservation measures to alleviate threats to the species.

We request additional status information that may be available for the identified candidate species and information on additional species that we should include as candidates in future updates of this list. We will consider this information in preparing listing documents and future revisions to the notice of review. This information will help us in monitoring changes in the status of candidate species and also in conserving candidate species.

As part of the CNOR, we announce the availability of Candidate and Listing Priority Assignment Forms (candidate forms) for each candidate species. The CNOR and the candidate forms constitute our findings as to the status and threats that we evaluated in order to assign a listing priority number to each species. This includes our findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants during the period June 13, 2002 through April 19, 2004.

SUMMARY: Interior Department, Fish and Wildlife Service,

SUPPLEMENTAL INFORMATION

Candidate Notice of Review

Background

The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act), requires that we identify species of wildlife and plants that are endangered or threatened, based on the best available scientific and commercial information. Through the Federal rulemaking process, we add these species to the List of Endangered and Threatened Wildlife at 50 CFR 17.11 or the List of Endangered and Threatened Plants at 50 CFR 17.12. As part of this program, we maintain a list of species that we regard as candidates for listing. A candidate species is one for which we have on file sufficient information on biological vulnerability and threats to support a proposal to list as endangered or threatened, but for which preparation and publication of a proposal is precluded by higherpriority listing actions. We maintain this list for a variety of reasons, including: To notify the public that these species are facing threats to their survival; to provide advance knowledge of potential listings that could affect decisions of environmental planners and developers; to provide information that may stimulate conservation efforts that will remove or reduce threats to these species; to solicit input from interested parties to identify those candidate species that may not require protection under the Act or additional species that may require the Act's protections; and to solicit information needed to prioritize the order in which we will propose species for listing.

Table 1 of this CNOR includes 279 species that we regard as candidates for addition to the Lists of Endangered and Threatened Wildlife and Plants (Lists), as well as 24 species for which we have published proposed rules to list as threatened or endangered species. Most of the proposed species were previously identified in the 2002 CNOR (67 FR 40657, June 13, 2002). We encourage consideration of these species in conservation planning, as well as other environmental planning, such as in environmental impact analysis done under the National Environmental Policy Act of 1969 (implemented at 40 CFR parts 15001508) and in local and statewide land use planning. Table 2 of this notice contains 19 species we identified as candidates or as proposed species in the June 13, 2002, CNOR that we now no longer consider candidates. This includes fourteen species we have listed as threatened or endangered since June 13, 2002, one species that we are removing from candidacy through this notice, and four species for which we withdrew the proposed listing rule. The Regions identified as having lead responsibility for the particular species will maintain updated records of information on candidate species.

Publication of this notice has been delayed due to efforts to resolve outstanding issues. As a result, many of the candidate forms reflect that our formal analysis was conducted in late winter/early spring of 2003, as shown by the approval date of the Regional Director on each form. However, we were able to update a small subset of the candidate forms recently to reflect additional information we have obtained on those species. We intend to publish an updated combined CNOR for animals and plants that will update all of the candidate forms, including our findings on resubmitted petitions and a description of our progress on listing actions, within the next few months in the Federal Register.

Previous Notices of Review

The Act directed the Secretary of the Smithsonian Institution to prepare a report on endangered and threatened
[[Page 24877]]
plant species, which was published as House Document No. 9451. We published a notice in the Federal Register on July 1, 1975 (40 FR 27823), in which we announced that we would review more than 3,000 native plant species named in the Smithsonian's report and other species added by the 1975 notice for possible addition to the List of Endangered and Threatened Plants. A new comprehensive notice of review for native plants, which took into account the earlier Smithsonian report and other accumulated information, superseded the 1975 notice on December 15, 1980 (45 FR 82479). On November 28, 1983 (48 FR 53640), a supplemental plant notice of review announced changes in the status of various species. We published complete updates of the plant notice on September 27, 1985 (50 FR 39526), February 21, 1990 (55 FR 6184), September 30, 1993 (58 FR 51144), and, as part of combined animal and plant notices, on February 28, 1996 (61 FR 7596), September 19, 1997 (62 FR 49398), October 25, 1999 (64 FR 57534), October 30, 2001 (66 FR 54808), and June 13, 2002 (67 FR 40657). Additionally, on January 8, 2001 (66 FR 1295), we published our resubmitted petition finding for one plant species that had an outstanding ``warrantedbutprecluded finding'' on a petition to list.

We published earlier comprehensive reviews for vertebrate animals in the Federal Register on December 30, 1982 (47 FR 58454), and on September 18, 1985 (50 FR 37958). We published an initial comprehensive review for invertebrate animals on May 22, 1984 (49 FR 21664). We published a combined animal notice of review on January 6, 1989 (54 FR 554), and with minor corrections on August 10, 1989 (54 FR 32833). We again published comprehensive animal notices on November 21, 1991 (56 FR 58804), November 15, 1994 (59 FR 58982), and, as part of combined animal and plant notices, on February 28, 1996 (61 FR 7596), September 19, 1997 (62 FR 49398), October 25, 1999 (64 FR 57534), October 30, 2001 (66 FR 54808), and June 13, 2002 (67 FR 40657). On January 8, 2001 (66 FR 1295), we published our resubmitted petition findings for 25 animal species that had outstanding ``warrantedbutprecluded'' petition findings as well as notice of one candidate removal.

This revised notice supersedes all previous animal, plant, and combined notices of review.

Summary

Since publication of the 2002 CNOR, we reviewed the available information on candidate species to ensure that a proposed listing is justified for each species and to reevaluate the relative listing priority assignment of each species. We also evaluated whether we should emergencylist any of these species, particularly species with high priorities (i.e., species with listing priority numbers of 1, 2, or 3). We undertook this effort to ensure that we focus conservation efforts on those species at greatest risk. As of April 19, 2004, 20 animals are proposed for endangered status; 3 animals are proposed for threatened status (not including proposed reclassifications of endangered species); 1 animal is proposed for threatened due to similarity of appearance; and 142 plant and 137 animal candidates are awaiting preparation of proposed rules (see Table 1). Table 2 includes 19 species that we previously classified as either proposed for listing or candidates that we no longer classify in those categories. Summary of New Candidates

Below we present brief summaries of 24 new candidates. Complete information, including references, can be found in the candidate forms. You may obtain a copy of these forms from the Regional office that has the lead for the species, or from our Internet Web site (http://endangered.fws.gov ).

Mammals

Fisher, West Coast DPS (Martes pennanti)See our initial ``warrantedbutprecluded'' finding signed on April 2, 2004, and published in the Federal Register on April 8, 2004 (68 FR 18770). Birds

Kittlitz's murrelet (Brachyramphus brevirostris)Kittlitz's murrelet is a small diving seabird whose entire North American population, and most of the world's population, inhabits Alaskan coastal waters discontinuously from Point Lay south to northern portions of Southeast Alaska. Kittlitz's murrelet is a relatively rare seabird. Most recent population estimates indicate that it has the smallest population of any seabird considered a regular breeder in Alaska (9,000 to 25,000 birds). This species appears to have undergone significant population declines in three of its core population centersPrince William Sound, Malaspina Forelands, and Glacier Bay. As populations become smaller, they become increasingly vulnerable to events that may result in extirpation. Causes for the declines are not well known, but likely include: habitat loss or degradation, increased adult and juvenile mortality, and low recruitment and we believe that glacial retreat and oceanic regime shifts are the factors that are most likely causing populationlevel declines in this species. Existing regulatory mechanisms appear inadequate to stop or reverse population declines or to reduce the threats to this species. Due to the non imminent threats of high magnitude, we assign this species a listing priority number of 5.

Xantus's murrelet (Synthliboramphus hypoleucus)Xantus's murrelet is a small seabird of the Alcid family that occurs along the western coast of North America in the United States and Mexico. Xantus's murrelet populations in the United States and Mexico appear to have declined due to a wide variety of threats, with substantial declines evident at the largest known breeding population and extirpations on three of the Mexican islands. Data from the largest breeding population in the United States indicated a dramatic decline (up to 70 percent); data from other islands are scarce.

Although the decline in Xantus's murrelet populations appears to have been substantial, the largest threats are being addressed, and, to some degree, ameliorated in the United States. Although predation is a large contributor to the current low population numbers of the Xantus's murrelet, it does not pose as imminent a threat as it once did. Cats and rats have been removed from many of the islands where they once occurred. Anacapa Island implemented a rat eradication program in 2001 that seems to have been successful in removing that nonnative predator of the Xantus's murrelet. Rats were eradicated in 1994 from San Roque Island. The Service has been working with the State of California, National Park Service, and National Marine Fisheries Service to address the threats of light pollution and human disturbance. To address this threat, the California Department of Fish and Game implemented regulations to require shielding and limit wattage of lights used by boats conducting nighttime fishing activities. Although these regulations do not remove the negative effects of this activity, they likely have resulted in a reduction of the impacts. Oil pollution may pose a potential threat to the survival of the Xantus's murrelet population, but is not likely responsible for the species' current low numbers. Due to the nonimminent threats of high magnitude, we assign this species a listing priority number of 5.

Clams

Rayed bean (Villosa fabalis)Once a common mussel species, the rayed bean
[[Page 24878]]
has disappeared from a large portion of its range, including the entire Tennessee River system and south of the Ohio River. The threats to the rayed bean appear significant and present throughout the species' range. Threats associated with habitat loss and degradation appear to include ongoing impoundments, channelization, chemical contaminants, mining, and sedimentation. Population losses due to impoundments appear to have contributed more to the decline and imperilment of the rayed bean than any other single factor. In addition, the invasive exotic zebra mussel has become established throughout the majority of the rayed bean's range and has the longterm potential of spreading throughout additional portions of the range. Remaining rayed bean populations are small and geographically isolated, making them susceptible to a single catastrophic event and making natural repopulation and genetic interchange impossible. The zebra mussel has already eliminated the rayed bean from Lakes Erie and Tippecanoe and the Detroit River and is posing an immediate threat to the rayed bean populations in the Lake St. Clair drainages, Allegheny and Tippecanoe Rivers, French Creek, and Lake Maxinkuckee. The resulting range restrictions and disjunct nature of the remaining populations may make the rayed bean subject to reductions in genetic diversity and limited natural reproduction. Because the threats appear to be imminent and of high magnitude, we assign this species a listing priority number of 2.

Sheepnose mussel (Plethobasus cyphyus)Historically, the sheepnose was fairly widespread in many Mississippi River system streams, although rarely very common. The sheepnose has apparently been eliminated from twothirds of the total number of streams from which it was historically known (26 streams currently compared to 77 streams historically). Recruitment reduction or failure is a potential problem for many small sheepnose populations rangewide; this potential problem is exacerbated by the species' reduced range and increasingly isolated populations. The threats to the sheepnose appear include exotic species (especially zebra mussels), impoundments, fluctuating flow releases from dams, sedimentation, small population size, isolation of populations, gravel mining, channel dredging, municipal pollutants, agricultural runoff, nutrient enrichment, and coal processing pollution. These threats may be catastrophic, such as spills, or chronic, such as zebra mussel infestation and habitat quality degradation. Most extant populations have few individuals. Such populations may have extreme difficulty in successfully reproducing. Threats that affect the ability to reproduce over time could result in essentially sterile, aging, disjunct populations. Although there are ongoing attempts to alleviate some of these threats, there appear to be no populations without significant threats, and many threats are without obvious or readily available solutions. Due to highmagnitude threats that appear to be imminent, we assign this species a listing priority number of 2.

Spectaclecase (Cumberlandia monodonta)The currently accepted taxonomy places the spectaclecase in the monotypic genus, Cumberlandia. The spectaclecase occurred historically in at least 45 streams in the Mississippi, Ohio, and Missouri Rivers. Extant populations of the spectaclecase are known from 20 streams. Of the 20 extant populations, 7 of those populations are represented by a single specimen each. Only three or four populations could be characterized as large. Threats to the continued existence of the spectaclecase appear to include exotic species, especially zebra mussels; delivery and deposition of fine sediments; small population sizes; isolation of populations; livestock grazing; wastewater effluents; mine runoff; unstable and coldwater flows downstream of dams; gravel mining; and channel dredging. Although there are ongoing attempts to alleviate some of these threats at some locations, there appear to be no populations without significant threats and many threats are without obvious or readily available solutions. In addition, the fish host of the spectaclecase is unknown; thus, propagation to reestablish the species in restored habitats and to maintain nonreproducing populations and focused conservation of its fish host are not yet possible. Therefore, we consider the threats to spectaclecase to be of high magnitude. However, 10 populations are reproducing or supported via immigration from large populations, and three or four of these populations may be described as large. We assign this species a listing priority number of 4.

Round ebonyshell (Fusconaia rotulata)The round ebonyshell is endemic to the Escambia River drainage and is only known from the main channel of the Conecuh/Escambia River (the river name changes across the Alabama/Florida State boundary). Only 3 of 9 historic locations appear to contain living individuals; thus, the number of sites known to support this species has declined by 67%. On average, only 2 live individuals were found at each of the remaining 3 sites. Threats associated with habitat loss and degradation appear to occur throughout the range of the seven GulfCoast mussel species discussed here and below. The river habitats of mussel species are vulnerable to habitat modification, sedimentation, and water quality degradation. Highway and reservoir construction, poorly managed logging practices, agricultural runoff, housing developments, pipeline crossings, and livestock grazing may result in physical disturbance of stream substrates or the riparian zone, and/or changes in water quality, temperature, or flow. Sedimentation can cause direct mortality of mussels by deposition and suffocation. Although the negative effects of point source discharges on aquatic communities in Alabama and Florida have been reduced over time due to compliance with State and Federal water quality regulations, there has been less success in dealing with nonpoint source pollution impacts, particularly sediments, on small stream drainages. The round ebonyshell is restricted to a few populations with few individuals. Due to the high magnitude and immediacy of the threats, we assign the round ebonyshell a listing priority number of 2.

Southern kidneyshell (Ptychobranchus jonesi)The southern kidneyshell is endemic to the Escambia and Yellow river drainages in Alabama, and the Choctawhatchee river drainage in Alabama and Florida. Currently, of 20 sites for which we have recent data, southern kidneyshells were only found at 1or 2 sites, representing at least a 78% decline in the number of sites supporting this species. The threats associated with habitat loss and degradation are described in the above paragraph for the round ebonyshell; all seven new Gulf Coast candidate mussel species appear to share the same threats. The southern kidneyshell is restricted to a few populations with very few individuals. Due to the high magnitude and immediacy of the threats, we assign the southern kidneyshell a listing priority number of 2.

Narrow pigtoe (Fusconaia escambia)The narrow pigtoe is endemic to the Escambia River drainage in Alabama and Florida and the Yellow River drainage in Florida. Twentyone locations currently support narrow pigtoes, although in very low numbers, with an average of 3 live individuals found per site. The threats associated with habitat loss and degradation are described in the above paragraph for the round ebonyshell; all seven new Gulf
[[Page 24879]]
Coast candidate mussel species appear to share the same threats. However, the narrow pigtoe is spread among a number of populations, with each population containing few individuals. Since we consider threats to be of a high magnitude and but nonimminent, we assigned the narrow pigtoe a listing priority number of 5.

Southern sandshell (Lampsilis australis)The southern sandshell is endemic to the Escambia River drainage in Alabama, and the Yellow and Choctawhatchee River drainages in Alabama and Florida. Recent mussel surveys found that live populations of the southern sandshell have declined from a total of 51 historic sites to its current distribution of 30 active sites and 5 sites with unknown population status. It appears to have been extirpated from approximately 3141% of its historic range. Recent mussel surveys found an average of 23 live animals per site. Gravid females have been detected within the 2 larger populations found in the Choctawhatchee River basin. Low levels of recruitment are likely occurring within these two populations, although juvenile southern sandshells were not detected. The threats associated with habitat loss and degradation are described in the above paragraph for the round ebonyshell; all seven new Gulf Coast candidate mussel species appear to share the same threats. The southern sandshell is spread among a number of populations, with each population containing few individuals. Because we consider threats to be of high magnitude and nonimminent, we assign the southern sandshell a listing priority number of 5.

Fuzzy pigtoe (Pleurobema strodeanum)The fuzzy pigtoe is endemic to the Escambia and Choctawhatchee Rivers in Alabama and Florida, and the Yellow River in Alabama. Recent mussel status surveys found that the populations of the fuzzy pigtoe (represented by live animals and shell material) have declined from a total of 86 historic sites to its remaining distribution of 58 sites, representing an approximate 22% decline in its historic range. Four populations were as large as 1020 individuals; most supported only 1 or 2 individuals. The threats associated with habitat loss and degradation are described in the above paragraph for the round ebonyshell; all seven new Gulf Coast candidate mussel species appear to share the same threats. The fuzzy pigtoe is spread among a number of populations with each population containing few individuals. We consider threats to be of high magnitude and nonimminent. We assign the fuzzy pigtoe a listing priority number of 5.

Choctaw bean (Villosa choctawensis)The Choctaw bean is endemic to the Escambia, Yellow, and Choctawhatchee River drainages in Alabama and Florida. Recent mussel status surveys found that populations (live and shell material only) of the Choctaw bean have declined from a total of 45 historic sites to its remaining distribution of 34 sites. It appears to have been extirpated from approximately 11% of its historic range. An average of two individuals were found live per site. The threats associated with habitat loss and degradation are described in the above paragraph for the round ebonyshell; all seven new Gulf Coast candidate mussel species appear to share the same threats. The Choctaw bean is spread among a number of populations, with each population containing few individuals. Threats appear to be of high magnitude and nonimminent, and we assign the Choctaw bean a listing priority number of 5.

Tapered Pigtoe (Quincuncina burkei)The tapered pigtoe is endemic to the Choctawhatchee River drainage in Alabama and Florida. During recent status surveys, the tapered pigtoe was found live and as shell material at 33 of 54 historical sites with an average of 7 individuals per site. Only four populations contained as many as 1020 individuals. The tapered pigtoe has been extirpated from approximately 28% of its historic range. The threats associated with habitat loss and degradation are described in the above paragraph for the round ebonyshell; all seven new Gulf Coast candidate mussel species appear to share the same threats. The threats to the tapered pigtoe appear to be moderatetolow magnitude and nonimminent, and we assign the tapered pigtoe a listing priority number of 11.

Insects

Coleman cave beetle (Pseudanophthalmus colemanensis)The Coleman Cave beetle is only known from Coleman Cave, Montgomery County, Tennessee. Most members of the insect genus Pseudanophthalmus are cave dependent (troglobites) and are not found outside the cave environment. Due to the Coleman's cave beetle's limited distribution, it is vulnerable to isolated events. Events such as toxic chemical spills, discharges of large amounts of polluted water, closure of entrances, alteration of entrances, or the creation of new entrances could have serious adverse impacts on the Coleman Cave beetles and could result its extinction. The Coleman Cave beetle currently receives some protection under a formal Cooperative Management Agreement; consequently the threats it faces are more moderate. Due the moderate magnitude of the nonimminent threats, we assign the Coleman Cave beetle a listing priority number of 11.

Fowler's cave beetle (Pseudanophthalmus fowlerae)Fowler's cave beetle was described from 11 specimens collected from 1959 through 1965 from Sheals Cave, Clay County, Tennessee. The species is not known from any other caves. Fowler's cave beetle has not been observed or collected since 1965, but species experts presume that it still exists in low numbers. The limited distribution of Fowler's cave beetle makes it vulnerable to isolated events that would only have a minimal effect on the more wideranging members of the genus. Events such as toxic chemical spills, discharges of large amounts of polluted water, closure of entrances, alteration of entrances, or the creation of new entrances could have serious adverse impacts on cave beetles and could result in their extinction. Due to the high magnitude of the nonimminent threats, we assign the Fowler's cave beetle a listing priority number of 5.

Insular cave beetle (Pseudanophthalmus insularis)The insular cave beetle is known from only one cave. In 1988, this cave was searched in 1998 for additional specimens of this species but none were found. Although the species has not been observed since 1957, species experts presume that it still exists in low numbers. The limited distribution of the insular cave beetle makes it vulnerable to isolated events that would only have a minimal effect on the more wideranging members of the genus. Events such as toxic chemical spills, discharges of large amounts of polluted water, closure of entrances, alteration of entrances, or the creation of new entrances could have serious adverse impacts on the insular cave beetle and could result in their extinction. Due the high magnitude of the nonimminent threats, we assign the insular cave beetle a listing priority number of 5.

Soothsayer cave beetle (Pseudanophthalmus tiresias)The soothsayer cave beetle is known to occur in two caves. The original description of this taxon was based upon six specimens collected from Indian Grave Point Cave, DeKalb County, Tennessee, in 1956. These specimens were collected near the cave's entrance sink in an area that had high humidity, stable temperatures, and
[[Page 24880]]
a few fragments of rotten wood that had fallen into the sink. Four specimens were later collected from nearby Fox Cave. Three searches were conducted between 1997 and 1999, but no additional specimens of this species have been found. Despite the recent failures to find the species, species experts believe that the soothsayer cave beetle is still present in Indian Grave Point and Fox caves, in at least very low numbers. The limited distribution of soothsayer cave beetle makes it vulnerable to isolated events that would only have a minimal effect on the more wideranging members of the genus. Events such as toxic chemical spills, discharges of large amounts of polluted water, closure of entrances, alteration of entrances, or the creation of new entrances could have serious adverse impacts on cave beetles and could result in their extinction. Due the high magnitude of the nonimminent threats, we assign the soothsayer cave beetle a listing priority number of 5.

Noblett's cave beetle (Pseudanophthalmus paulus)Noblett's Cave beetle was described from two specimens collected in 1967 from Noblett's Cave, Monroe County, Tennessee. Despite several searches conducted in this cave and in other caves in the vicinity, no additional specimens have been found. However, species experts believe that it probably still exists in low numbers. Noblett's Cave is a small (about 500 feet long) muddy cave with a stream flowing through it. The limited distribution of Noblett's Cave beetle makes it vulnerable to isolated events that would only have a minimal effect on the more wide ranging members of the genus. Events such as toxic chemical spills, discharges of large amounts of polluted water, closure of entrances, alteration of entrances, or the creation of new entrances could have serious adverse impacts on cave beetles and could result in their extinction. Due to the high magnitude of the nonimminent threats, we assign the Noblett's Cave beetle a listing priority number of 5.

Nevares Spring naucorid bug (Ambrysus funebris)The Nevares Spring naucorid bug is an aquatic insect that has a distribution that is limited to the TravertineNevares Springs Complex within Death Valley National Park, in Inyo County, California, where surveys indicate that it is extremely rare component of the aquatic invertebrate community. The Travertine and Nevares Springs areas have eight water collection facilities that provide water for commercial and domestic uses. Information pertaining to the historical distribution of the Nevares Spring naucorid bug prior to the development of the local water collection systems is not available. It is likely that the species occupied a large area of habitat where suitable microhabitat features were present. The widespread loss of aquatic habitat within the TravertineNevares Springs Complex since the water collection systems were installed suggests the species has experienced major reductions in abundance and distribution as stream environments were eliminated or reduced in extent. The effects of water diversion activities are also most pronounced during the summer months when aquatic habitats and the species that occupy those habitats are most restricted, and therefore vulnerable to perturbation. Nevares Spring naucorid bugs are also likely to experience direct predation by mosquitofish and compete with these fish for limited food resources. Due the high magnitude and nonimminent threats, we assign the Nevares Spring naucorid bug a listing priority number of 5.

Flowering Plants

Hala pepe (Pleomele fernaldii)We accidentally removed this species from the June 13, 2002, list of candidates and are now restoring it to the list of candidates.

Brand's phacelia (Phacelia stellaris)Brand's phacelia was historically found in Los Angeles, Riverside, and San Diego Counties, and in coastal northern Baja California, Mexico. Only 3 of the 15 sites in the United States ever known to support populations of this species still remain. Two of the three known extant populations in the United States are from coastal San Diego County. The other is in western Riverside County. Two populations may remain in Mexico, although one has not been verified since 1975. The apparent threats to this species include trampling or habitat degradation by foot or vehicular traffic and the invasive spread of nonnative iceplant (Carpobrotus edulis). Therefore, with imminent threats of high magnitude, we assign this species a listing priority number of 2.

Churchill Narrows buckwheat (Eriogonum diatomaceum)Churchill Narrows buckwheat is restricted to chalky, diatomaceous outcrops between 1,311 and 1,390 meters (m) (4,300 and 4,560 feet (ft)) elevation in the Churchill Narrows located in the Pine Nut Mountains, Lyon County, Nevada. The habitat of all but 3 of the 15 occurrences of Churchill Narrows buckwheat is subject to imminent exploration and potential development of existing mining claims. Observations in 2003 confirmed that mining activities have had direct and indirect impacts on Churchill Narrows buckwheat in the recent past and these impacts are likely to increase. A Notice of Operation for the exploration and development of a mining claim within the largest occurrence of the species has been filed with the BLM. Threats on the species from mining, trampling and soil disturbance by livestock habitat occur rangewide, populations are small and somewhat fragmented, and inadequate regulatory mechanisms are in place to protect this species throughout its range. Due to the imminent threats of high magnitude, we assign this species a listing priority number of 2.

Orcutt's hazardia (Hazardia orcuttii)Orcutt's hazardia is a shrubby species in the Asteraceae (sunflower family). Although once described as fairly common in open habitats along coastal plains from Colonet to Tijuana in Baja California, Mexico, only one occurrence in Mexico has been confirmed since 1975. The only known extant occurrence in the United States of this species is in Encinitas, California, primarily within the Manchester Conservation Area (MCA) managed by Center for Natural Lands Management. Apparent threats on the species include ongoing, direct impacts from unauthorized access to MCA. Impacts include pedestrian trespass, creation of bicycle trails, and unauthorized fire suppression training (without the permission of the land owners). Introduced invasive exotic plants may also pose a significant threat. With imminent threats of high magnitude, we assign this species a priority number of 2.

Everglades bully (Sideroxylon reclinatum ssp. austrofloridense) The Everglades bully is a shrub restricted to the tropical pinelands of MiamiDade County, Florida. Outside of Everglades National Park, only about 1 percent of the Miami Pine Rock Ridge pinelands remain, and much of what is left is in small remaining blocks isolated from other natural areas. Everglades bully is known to occur on conservation lands only at Long Pine Key (8,029 ha or 19,839 acres) in Everglades National Park, Larry and Penny Thompson Park (93 hectares or 229 acres), and the privately owned Pine Ridge Sanctuary (5.7 ha or 14 acres). Fire suppression and exotic plant invasions are the greatest threats to Everglades bully and other pineland understory plants. Historically, pine rocklands had an open low understory where natural fires remained patchy, with relatively low temperatures, thus sparing many native grasses and shrubs. Dense exotic plant
[[Page 24881]]
growth can create much higher temperature fires and longer burning periods. Pine rockland plants cannot tolerate these extreme conditions. Among the exotic pest plants present in the Everglades National Park is Old World climbing fern, Lygodium microphyllum, which is capable of smothering vegetation and is spreading rapidly in Florida. It is spreading into southernmost Florida, and is already a very serious problem in Loxahatchee National Wildlife Refuge. Based on the moderate magnitude of the imminent threats, we assign a listing priority number of 9.
Summary of Listing Priority Changes in Candidates

Mammals

Southern Idaho ground squirrel (Spermophilus brunneus endemicus)A dramatic population decline of the southern Idaho ground squirrel has occurred during the past 30 years. Scientists attribute the decline to invasive nonnative plants associated with a change in the fire frequency, and the lack of reclamation or restoration of habitat by various land management agencies and private landowners. Even though habitat degradation is pervasive in many areas of this species' range, suitable habitat areas that can support southern Idaho ground squirrels still persist. Conservation and habitat rehabilitation actions have begun in some areas, and in 2001 and 2002, over 100 squirrels were captured from the Weiser Golf Course (the largest known colony site) and translocated to suitable habitat on lands covered by a Candidate Conservation Agreement with Assurances. These actions, in combination with other conservation and research actions described in the candidate form, lead us to conclude that the magnitude of threats, while still high, is trending toward a moderatetolow range. While there is still concern for genetic constriction and isolation due to generally low numbers of individuals at existing sites, natural dispersal is occurring at some sites, and translocation efforts are being implemented each year. Based on the recent conservation efforts described above, it seems apparent there is now some commitment by various agencies and parties to initiate and implement conservation actions on behalf of the southern Idaho ground squirrel. These actions, in combination with other conservation and research actions described above, lead us to change the imminence of threats to nonimminent. Thus, the listing priority number is changed from a 3 to a 6. Birds

Gunnison sagegrouse (Centrocercus minimus)The range of the Gunnison sagegrouse has been reduced to less than 25 percent of its historical range. Size of the range and quality of its habitat have been reduced by direct habitat loss, fragmentation, and degradation from building development, road and utility corridors, fences, energy development, conversion of native habitat to hay or other crop fields, alteration or destruction of wetland and riparian areas, inappropriate livestock management, competition for winter range by big game, and creation of large reservoirs. Other factors affecting the Gunnison sagegrouse include fire suppression, overgrazing by elk (Cervus elaphus) and deer (Odocoileus hemionus), drought, disturbance or death by offhighway vehicles, harassment from people and pets, noise that impairs acoustical quality of leks (courtship areas), genetic depression, pesticides, pollution, and competition for habitat from other species. For greater detail, see 65 FR 82310 (December 28, 2000).

Numerous conservation actions have occurred and funding and plans for additional conservation actions are in place. However, threats to the sagegrouse currently have not been eliminated or reduced enough through conservation actions to remove the potential need for listing. With population numbers already low, the threat of droughtrelated declines, coupled with other threats, are of concern. Not only have sagegrouse numbers declined in 2003 and may decline in 2004 due to the 2002 drought, it is unknown how long drought conditions may last. Based on information available to date, including continued and significant population declines in 2003, threats to the sagegrouse have increased in the last year due to droughtrelated effects to the habitat and effects to chick survival and recruitment, and relaxation of restrictions on land use in Gunnison County, which harbors the only large population of the bird. Given these ongoing high magnitude threats, we are elevating the listing priority from a 5 to a 2. However, we do not believe that emergency listing is warranted at this time based on the size of the population remaining in the Gunnison Basin and continued prelisting conservation actions.

Fish

Fluvial arctic grayling, upper Missouri River DPS (Thymallus arcticus)The fluvial arctic grayling distinct vertebrate population segment (DPS) once ranged throughout the upper Missouri River drainage, but now the only remnant population is restricted to the upper Big Hole River, an area estimated to be less than 5 percent of the species' historical range. In fall of 2002, the remnant grayling population in the Big Hole River apparently had declined to such a low level that not enough fish were captured to estimate population density. The spring 2002 spawning surveys captured the lowest number of grayling in the past 14 years of sampling, and the spawning population was skewed to older fish, indicating limited recruitment for the past 2 years. In 2003, abundant numbers of grayling were found in the lower reaches of tributaries with the coolest water temperatures.

Efforts to reestablish grayling populations within the historic range in the upper Missouri River basin began in 1997. At this time, there is no evidence that these efforts have been successful in reestablishing selfsustaining populations at any of four
reintroduction sites. Drought conditions since 1999 have increased water temperatures, reduced flows, and exacerbated the effects of ongoing threats such as flow reductions from irrigation and stock water withdrawals, locally degraded habitat conditions, and potential competition or predation from nonnative fish. Cooperative, community based efforts have focused primarily on working with water users to leave water in the Big Hole River to increase flows and reduce water temperatures during periods of drought. The Big Hole Watershed Committee, the Montana Fish, Wildlife and Parks Department, and the Service's Partners for Fish and Wildlife program are committed to ongoing, ontheground conservation efforts for grayling. Despite these efforts, there continue to be periods when flows are well below those considered ``survival'' flows for grayling and water temperatures exceed the thermal tolerance of grayling. Based on the 2002 grayling population surveys, we are elevating the listing priority number for this population from a 9 to 3 because the threats continue to be imminent and the magnitude is now high. However, these threats do not rise to the level that emergency listing is necessary, since, among other things, biologists found increased population numbers in the lower, cooler reaches of tributaries to the mainstem Big Hole River, in 2002 and 2003, hopefully mitigating for the low numbers of grayling found in the mainstem Big Hole River.
[[Page 24882]]

Snails

Page springsnail (Pyrgulopsis morrisoni)The Page springsnail is known to exist only within a complex of springs located within an approximately 1.5kilometer (0.93mile) stretch along the west side of Oak Creek around the community of Page Springs, Yavapai County, Arizona. Many of the springs where the Page springsnail occurs have been subjected to some level of modification to meet domestic, agricultural, ranching, fish hatchery, and recreational needs. Arizona Game and Fish Department (AGFD) management plans for the Bubbling Ponds and Page Springs fish hatcheries included commitments to replace lost habitat and to monitor remaining populations of invertebrates such as the Page springsnail. Based on recent survey data, it appears that the Page springsnail is abundant within its habitats and is more widely distributed than previously known. Monitoring by AGFD and Service biologists no longer entails snail removal, which appears to have had a temporary impact on population numbers. In addition, the threat of ground water withdrawal is not considered imminent because recent studies indicate that the groundwater system of the Verde Valley has not yet been affected by development and base flow in the Verde River Valley has remained virtually unchanged since 1915. Because these threats are nonimminent, we changed the listing priority number from 2 to 5 for this species.

Insects

The Surprising Cave beetle (Pseudanophthalmus inexpectatus)This species was described from specimens collected in the historic section of Mammoth Cave and White Cave, Mammoth Cave National Park (MCNP), Edmonston County, Kentucky. Subsequent to these original discoveries, the species was also found in MCNP's Great Onyx Cave. In 2002, MCNP discovered a previously unknown population of this species in a fourth MCNP cave. The insect genus Pseudanophthalmus is in the predatory groundbeetle family Carabidae. Most members of this genus are cave dependent (troglobites) and are not found outside the cave environment. Their limited distributions make these species vulnerable to isolated events that would only have a minimal effect on the more wideranging members of the genus. Events such as toxic chemical spills, discharges of large amounts of polluted water, closure of entrances, alteration of entrances, or the creation of new entrances could have serious adverse impacts on these cave beetles and could result in their extinction. In September 2001, MCNP and the Service entered into a Candidate Conservation Agreement for the surprising cave beetle. The Agreement will ensure that all habitat components required to protect and improve the conservation status of this species, especially an adequate food source, are provided through the MCNP's management of the caves that support the species. Under this agreement MCNP has developed and implemented a monitoring program for the species and its habitat. Thus, the magnitude of the threat to the surprising cave beetle is reduced because of its location on Federal land and the formal commitment through a Candidate Conservation Agreement between MCNP and the Service to protect the species. Therefore, we changed the listing priority number for the surprising cave beetle from a 5 to an 11.

Flowering Plants

San Fernando Valley spineflower (Chorizanthe parryi var. fernandina)San Fernando Valley spineflower is currently known from only two populations. The plants are under threat by habitat loss due to residential development, competition from nonnative plants (e.g., several nonnative grasses), stochastic events, such as erosion and fire, and the potential loss of the native pollinator community due to competition with and predation by the nonnative Argentine ants (Linepithema humilis). The site in Los Angeles County, the Newhall Ranch, is proposed for residential development that has the potential to cause the loss of most, if not all, of the remaining plants at that site. Development at this site is expected to begin in 2004. While the landowner has approached us with the idea to enter into a Candidate Conservation Agreement, no documents have been submitted nor any agreement processed, so we cannot assume that the immediate threats from the Newhall Ranch development are gone. However, the site in Ventura County, the former Ahmanson Ranch, is now under the auspices of the Santa Monica Mountains Conservancy; a joint powers authority operated by the State to conserve lands within the Conservancy's sphere of influence. We believe the direct threats to the species from the former Ahmanson Ranch development plan have been eliminated, and we are working with the new landowners to manage the site for the benefit of Chorizanthe parryi var. fernandina. Since the threats to Chorizanthe parryi var. fernandina from habitat destruction or modification are less than they were 2 years ago, we are lowering the listing priority number from a 3 to a 6 reflecting threats that are high but nonimmenent.

Whorled sunflower (Helianthus verticillatus)This species is found in moist, prairielike openings in woodlands and along adjacent creeks in northwest Georgia, Alabama, and Tennessee. This species appears to be a narrow habitat specialist occurring in natural wet meadows or prairies and calcareous barrens. The greatest threat to this species appears to be from industrial forestry practices. The largest population is permanently protected through a conservation easement with The Nature Conservancy. The magnitude of threat is now considered moderate due to this recent development. The threats are viewed as not imminent, in that the species is able to withstand some disturbance and we know of no projects/activities at this time that imminently threaten the other populations. Thus, we changed the listing priority number from a 5 to an 11.

Graham beardtongue (Penstemon grahamii)Penstemon grahamii is restricted to calcareous soils derived from oil shale barrens of the Green River Formation in the Uinta Basin of northeastern Utah and adjacent Colorado. The species population is estimated at about 7,000 individuals with 36 known occurrences. Most of the occupied habitat of P. grahamii is within developed and expanding oil and gas fields with several wells and access roads within the species' occupied habitat. The location of P. grahamii habitat exposes it to possibility of habitat destruction from offroad vehicle (ORV) use and road, pipeline, and wellsite construction in connection with oil and gas development. With such a small population and limited occupied habitat, any destruction, modification, or curtailment of the habitat could negatively impact the species. Collection of plants and seeds is a significant threat due to the desire of rockgarden enthusiasts to obtain this very attractive plant. The species is heavily grazed by wildlife (rodents, rabbits, and possibly deer) and by livestock (primarily sheep). Livestock trampling is affecting some populations. Historical overgrazing is thought to have caused the extirpation of some P. grahamii populations. The potential threats associated with oil and gas development within the habitat of P. grahamii are considered to be imminent in light of the increased seismic survey and petroleum leasing. Therefore, we have elevated the LPN for this species [[Page 24883]]
from 5 to 2 because the threats continue to be of high magnitude, and are now considered imminent.

Ferns and Allies

Palapali (Microlepia strigosa var. mauiensis)This fern was formally known as the full species Microlepia mauiensis. In a recent review of the taxonomy of Hawaiian ferns, it was changed to a variety of M. strigosa. This fern, now classified as a variety, continues to be a candidate; however, this taxonomic change changes the priority number from a 2 to a 3.

Christella boydiaeThis Hawaiian fern species (no common name) was originally described in 1897 in the genus Christella. It was then placed in the genus Thelypteris. More recently, in 1999, it was placed in the genus Cyclosorus and split into two varieties (var. kipahuluensis and var. boydiae). Both of these varieties were recognized in the June 13, 2002, CNOR as candidates, each with the priority number of 6. In a 2002 review of Hawaiian ferns, the species was returned to the genus Christella. The most recent taxonomic description removes recognition of the two former varieties within the species of Christella boyidae; however, the entire species remains a candidate. Therefore, the priority number moves from 6 to 5. Other Taxonomic Changes in Candidates

Sheathtailed bat (Emballonura semicaudata semicaudata and E. semicaudata rotensis)This species was included in the 2002 CNOR as a Distinct Vertebrate Population Segment within the U.S. Territories, which encompasses a subspecies and a Distinct Population Segment of a second subspecies: E. semicaudata rotensis, endemic to the Mariana Islands; and the American Samoa DPS of E. semicaudata semicaudata, endemic to Western and American Samoa, Tonga, Fiji, and Vanuatu. In 1997, Koopman described four subspecies to E. semicaudata, which are now widely accepted. The sheathtailed bats that continue to warrant candidacy are within E. semicaudata rotensis and the American Samoa DPS of Emballonura semicaudata semicaudata. Thus, with this 2003 CNOR and accompanying candidate form, we are renaming the continuing candidate entity as the following two entities: the subspecies historically found in the Marianas Islands (E. s. rotensis) and the American Samoan DPS of E. s. semicaudata that was historically found in Samoa, Fiji, Tonga, and Vanuatu. In addition, due to a clerical error, we previously identified this species being subject to an active petition and therefore requiring a ``resubmitted warrantedbutprecluded'' 12month petition finding. In this notice we do not treat the sheathtailed bat among the petitioned candidates.

Populations of E. s. rotensis on the Mariana Islands of Guam and Rota have been extirpated and the Mariana population on Aguijan has been reduced to approximately 10 individuals. A similar drastic decline has occurred in American Samoa where populations of E. s. semicaudata were estimated at over 10,000 in 1976. In 1993, only four bats were recorded. E. s. semicaudata occurs only on Tutuila Island and is probably extirpated from Western Samoa. The nearest population is in Tonga.

Tutuila is within the U.S. territory of American Samoa, thus this DPS is delimited by international government boundaries. The sheath tailed bat resides in caves and is very susceptible to disturbance. Roost sites have been rendered unsuitable for bats by human intrusion into caves and the use of some caves as garbage dumps. Typhoons have also damaged some caves by blocking entrances or by flooding coastal caves. No single threat appears to be the cause of the reduced range of the sheathtailed bat in the Marianas and in American Samoa. The loss of roosting caves, the loss of foraging habitat due to deforestation, disturbance by feral ungulates, introduced predators, and possibly pesticide use are appear to be the primary factors. In addition, small populations and limited numbers of populations place these two candidate sheathtailed bats at great risk of extinction from inbreeding, random events, and storms. Based on immediate threats of a high magnitude, we retained the listing priority number of the sheath tailed bat for the two candidate entities: E. s. rotensis and the American Samoa DPS of E. s. semicaudata, each a listing priority number of 3.
Candidate Removals

Ferns and Allies

Hohiu kilau (Dryopteris glabra var. pusilla (formerly Dryopteris tenebrosa))This recently discovered small terrestrial fern was previously treated as one of six separate species that are now all recognized as varieties of one species, Dryopteris glabra, which occurs widely through Hawaii. It is believed that the variety pusilla is more widespread than currently recorded, and additional surveys are needed. Therefore, we are removing it from candidate status.

Petition for a Candidate Species

The Act provides two mechanisms for considering species for listing. First, the Act requires us to identify and propose for listing those species that require listing under the standards of section 4(a)(1). We implement this through the candidate program, discussed above. Second, the Act provides a mechanism for the public to petition us to add a species to the Lists. Under section 4(b)(3)(A), when we receive such a petition, we must determine within 90 days, to the maximum extent practicable, whether the petition presents substantial information that listing may be warranted (a ``90day finding''). If we make a positive 90day finding, under section 4(b)(3)(B) we must make one of three possible findings within 12 months of the receipt of the petition (a ``12month finding'').

The first possible 12month finding is that listing is not warranted, in which case we need take no further action on the petition. Second, we may find that listing is warranted, in which case we must promptly publish a proposed rule to list the species. Once we publish a proposed rule for a species, section 4(b)(5) and 4(b)(6) govern further procedures, regardless of whether or not we issued the proposal in response to a petition. Third, we may find that listing is warranted but precluded. Such a finding means that immediate publication of a proposed rule to list the species is precluded by higher priority listing proposals, and that we are making expeditious progress to add and remove species from the Lists, as appropriate.

On December 5, 1996, we made a final decision to redefine ``candidate species'' to mean those species for which the Service has on file sufficient information on biological vulnerability and threat(s) to support issuance of a proposed rule to list, but for which issuance of the proposed rule is precluded (61 FR 64481, December 6, 1996). Therefore, the standard for making a species a candidate is identical to the standard for making a ``warrantedbutprecluded'' 12 month petition finding on a petition to list, and we add all petitioned species subject to a ``warrantedbutprecluded'' 12month finding to the candidate list.

This publication also provides notice of both the positive 90day finding and the warranted but precluded 12month findings pursuant to section 4(b)(3) for candidate species listed on Table 1 that have been the subject of a petition to list. Even though all candidate species have warranted but precluded status (and thus the equivalent of positive 90
[[Page 24884]]
day and warranted but precluded 12month findings), we will continue to publish specific section 4(b)(3) findings on subsequent petitions to list candidate species in the first CNOR following receipt of the petition.

In addition, pursuant to section 4(b)(3)(C)(i) of the Act, once a petition is filed regarding a candidate species, the Service must make a 12month petition finding in compliance with section 4(b)(3)(B) of the Act at least once a year, until the Service proposes the species for listing or makes a final ``notwarranted'' finding. Section 4(b)(3)(C)(iii) of the Act requires the Service to ``implement a system to monitor effectively the status of all species'' subject to a ``warrantedbutprecluded'' 12month 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 Service's monitoring of all candidate species by seeking information regarding the status of those species. The Service reviews all new information on candidate species as it becomes available, and identifies any species for which emergency listing may be appropriate. If the Service determines that emergency listing is appropriate for any candidate, the Service will make prompt use of its authority under section 4(b)(7). We have been reviewing and will continue to review at least annually the status of all candidates whether or not we receive a petition. Thus, the CNOR and accompanying candidate forms also constitute the Service's annual finding on the status of petitioned species pursuant to section 4(b)(3)(C)(i).

On June 20, 2001, the United States Court of Appeals for the Ninth Circuit held that the 1999 CNOR (64 FR 57534, October 25, 1999) did not fulfill the second component of ``warranted but precluded'' 12month petition findings for the Gila chub and Chiracahua leopard frog (Center for Biological Diversity v. Norton, 254 F.3d 833 (9th Cir. 2001)). In particular, while the Court found designation as a candidate arguably constitutes a 90day finding that there is substantial information that listing may be warranted and the first prong of a 12month finding that protection is warranted, the Court also found that the one line designation in the table of candidates in the 1999 CNOR, with no further explanation, did not satisfy section 4(b)(3)(B)(iii)'s requirement that the Service publish a finding pursuant to section 4 of the Act. The Court suggested that this oneline statement of candidate status also precluded meaningful judicial review and may have diminished the obligation to monitor the species on an annual basis.

We have drafted subsequent CNORs (including this one) to address the Court's concerns. We have included below a description of why the listing of every petitioned candidate species is both warranted and precluded at this time. Pursuant to section 4(b)(3)(C)(ii) and the Administrative Procedure Act (5 U.S.C. section 206), any party with standing may challenge the merits of any ``not warranted'' or ``warranted but precluded'' petition findings incorporated in this CNOR. The analysis included herein, together with the administrative record for the decision at issue (particularly the supporting candidate form), will provide an adequate basis for a court to review the petition finding. Finally, nothing in this document or any of our policies should be construed as in any way modifying the Act's requirement that we make a new 12month petition finding for each petitioned candidate within 1 year of the date of publication of this CNOR. If we fail to make any such finding on a timely basis, whether through publication of a new CNOR or some other form of notice, any party with standing may seek judicial review.

We reviewed the current status of and threats to the 42 candidates and 5 listed species for which we have received a petition and for which we have found listing or reclassification from threatened to endangered to be warranted but precluded. This includes 43 candidate or listed species for which we previously have published findings. For 42 of these 43 species, we have incorporated any new information we have gathered since the prior finding (for blacktailed prairie dog, see below) and, as a result of this review, we made continued ``warranted butprecluded'' 12month findings on the petitions for these species. There also are 3 new candidate species for which we have received petitions, and for which we are announcing initial ``warrantedbut precluded'' findings in this CNOR. Additionally, for one new candidate species for which we have received a petition, we recently published a separate initial ``warrantedbutprecluded'' finding.

We have identified the 41 species that are candidates and for which we received petitions by the code ``C*'' in the category column on the left side of Table 1. As discussed above, this finding means that the immediate publication of proposed rules to list these species was precluded by our work on the higher priority listing actions, listed below, during the period from June 13, 2002 through April 19, 2004. We will continue to monitor the status of all candidate species, including petitioned species, as new information becomes available. This review will determine if a change in status is warranted, including the need to emergencylist a species under section 4(b)(7) of the Act.

In addition to identifying petitioned candidate species in Table 1, we also present brief summaries of why these particular candidates warrant listing. More complete information, including references, is found in the candidate forms. You may obtain a copy of these forms from the Regional office that has the lead for the species, or from the Fish and Wildlife Service's Internet Web site: http://endangered.fws.gov/.

We find that the immediate issuance of a proposed rule and timely promulgation of a final rule for each of these actions has been, for the preceding months, and continues to be, precluded by higher priority listing actions. As described in section 4(b)(3)(B)(iii) of the Act, in order for us to make a ``warranted but precluded'' finding on a petitioned action, we must be 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. This notice describes our progress in revising the lists since our June 13, 2002, publication of the last CNOR. We intend to publish these descriptions annually.

On February 20, 2003, the President signed into law the Fiscal Year (FY) 2003 Omnibus Appropriations Bill (Omnibus Bill), which appropriates funding to many Federal agencies and programs, including the Service's program for completing listing and critical habitat rules pursuant to Section 4 of the ESA (Listing Program), for the period from October 1, 2002, through September 30, 2003. Through the Omnibus Bill, Congress specified that the Service could not spend more than $9,077,000 on Listing Program actions in FY 2003. Of that total, Congress also specified that the Service could not spend more than $6 million on designating critical habitat for alreadylisted species, leaving $3,077,000 for other listing activities. The Service has worked to ensure that Congress understands the level of funding necessary to comply with all of the Service's statutory requirements. In a January 7, 2003, Effects Statement to Conference Managers, the Department of the Interior informed Congress about these listing program requirements and requested an increase in the FY 2003 listing budget to $11.8 million.
[[Page 24885]]
Congress, nevertheless, retained the $9 million limit for spending.

For Fiscal Year (FY) 2004, the President requested an increase of $3,209,000 above the FY 2003 request to bring the Listing Program budget to $12,286,000. The request included $8,900,000 for designation of critical habitat for alreadylisted species, and $3,386,000 to conduct other Listing Program work. Subsequent to the President's FY 2004 budget request, a number of factors increased the amount of funding needed to complete judiciallymandated critical habitat work in FY 2004. Most significantly, the work that the Service was compelled to defer from FY 2003 had to be funded under the FY 2004 budget, at an estimated cost of $2,000,000. The Service also received several additional court orders requiring the Service to perform critical habitat work in FY 2004. In an October 2003 Effect Statement to the Conference managers, the Department of the Interior informed Congress that, because of these additional obligations, the Service needed an additional $2.5 million for the Listing Program in FY 2004.

Congress did not approve a Listing Program appropriation for FY 2004 until November 7, 2003, more than a month after the start of the fiscal year. On November 10, 2003, the President signed the 2004 Interior and Related Agencies Appropriations Bill, which funded nearly fully the amount of the President's request (Pub. L. 108108 (Nov. 10, 2003)). However, the bill did not address the Service's request for an additional $2.5 million to fully fund

FOR FURTHER INFORMATION CONTACT The Endangered Species Coordinator(s) in the appropriate Regional Office(s) or Chris Nolin, Chief, Division of Conservation and Classification (7033582171).