Proposed Rule2025-19732
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
Primary source
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Published
October 31, 2025
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
In this candidate notice of review (CNOR), we, the U.S. Fish and Wildlife Service (Service or FWS), 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 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, 2022, through September 30, 2024. Combined with other decisions for individual species that were published separately from this CNOR in the past two years, the current number of species that are candidates for listing or uplisting is 16 (as of September 30, 2024). 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.
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[Federal Register Volume 90, Number 209 (Friday, October 31, 2025)]
[Proposed Rules]
[Pages 48912-48937]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19732]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 209 / Friday, October 31, 2025 /
Proposed Rules
[[Page 48912]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2023-0246; FF09E22000-256-FXES11130900000FEDR]
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 or FWS), 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 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,
2022, through September 30, 2024. Combined with other decisions for
individual species that were published separately from this CNOR in the
past two years, the current number of species that are candidates for
listing or uplisting is 16 (as of September 30, 2024). 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 October 31, 2025. We will
accept information on any of the species in this document at any time.
ADDRESSES: This document is available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and <a href="https://www.fws.gov/library/collections/candidate-notice-review">https://www.fws.gov/library/collections/candidate-notice-review</a>.
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 (<a href="https://ecos.fws.gov/tess_public/reports/candidate-species-report">https://ecos.fws.gov/tess_public/reports/candidate-species-report</a>). 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: For foreign species: Rachel London,
Manager, Branch of Delisting and Foreign Species, Ecological Services
Program, U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg Pike,
Falls Church, VA 22041-3803; telephone 703-358-1961. For domestic
species: Caitlin Snyder, Chief, Branch of Domestic Listing, U.S. Fish
and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA
22041-3803 (telephone: 703-358-1961). 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
[[Page 48913]]
assistance, please contact the appropriate Office listed under Request
for Information, below, or visit our website at: <a href="https://www.fws.gov/program/endangered-species/what-we-do">https://www.fws.gov/program/endangered-species/what-we-do</a>.
Previous CNORs
We have been publishing CNORs since 1975. The most recent was
published on June 27, 2023 (88 FR 41560). CNORs published since 1994
are available on our website at <a href="https://www.fws.gov/library/collections/candidate-notice-review">https://www.fws.gov/library/collections/candidate-notice-review</a>. For copies of CNORs published
prior to 1994, please contact the Branch of Delisting and Foreign
Species or the Branch of Domestic Listing (see FOR FURTHER INFORMATION
CONTACT, above).
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 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 at: <a href="https://www.govinfo.gov/content/pkg/FR-2016-07-27/pdf/2016-17818.pdf">https://www.govinfo.gov/content/pkg/FR-2016-07-27/pdf/2016-17818.pdf</a>. 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 June 27, 2023 (88 FR
41560), 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.
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, as of September 30, 2024, 16 candidate
species are awaiting preparation of a proposed listing rule or ``not-
warranted'' finding. Table 5 (below) identifies these 16 candidate
species, along with the 56 species proposed for listing (including one
species proposed for listing due to similarity of appearance) as of
September 30, 2024.
Table 6 (below) lists the changes for species identified in the
previous CNOR and includes 48 species identified in the previous CNOR
as either proposed for listing or classified as candidates that are no
longer in those categories because we have published a final listing
rule.
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
[[Page 48914]]
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), and
then, in accordance with section 4(b)(3)(B), we must 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 by higher priority
listing actions (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
include 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, the 14 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. Summaries for the monarch butterfly and Rio
Grande cutthroat trout are not included in this CNOR, as a proposed
[[Page 48915]]
listing rule (89 FR 100662) and 12-month finding (89 FR 99207),
respectively, have been published prior to the publication of this
document.
The immediate publication of proposed rules to list or uplist these
species was precluded by our work on higher priority listing actions,
listed below, during the period from October 1, 2022, through September
30, 2024. Below, we describe the actions that continue to 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 (see 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 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. For FY 2024, through the
Further Consolidated Appropriations Act, 2024 (Pub. L. 118-42, March 9,
2024), Congress appropriated $22,000,000 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 under the Act 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
[[Page 48916]]
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 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 actions 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 2024 we had 289 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 multiyear 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 April 2023 and May 2024, the
Service released updated Workplans for addressing the Act's domestic
listing and critical habitat decisions over the subsequent 5 years. The
updated May 2024 Workplan identified the Service's schedule for
addressing the two domestic species on the candidate list and
conducting 225 status reviews and accompanying 12-month findings by FY
2028 for domestic species that have been petitioned for Federal
protections under the Act. The National Listing Workplan is available
online at: <a href="https://www.fws.gov/project/national-listing-workplan">https://www.fws.gov/project/national-listing-workplan</a>.
Foreign Species Workplan
Similar to the National Listing Workplan, the Foreign Species
Workplan provides the Service's multiyear 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 June 2023, the Service
released its Foreign Species Workplan for addressing the Act's foreign
listing decisions over the subsequent 5 years. A more recent Foreign
Species Workplan was published in November 2024; however, this CNOR
addresses the time period of October 1, 2022, through September 30,
2024, so for the purposes of this CNOR, we reference the June 2023
version. The Foreign Species Workplan identifies the Service's
prioritization for addressing the 14 foreign species on the candidate
list and 48 status reviews and accompanying 12-month findings for
petitioned species, and it identifies which actions we plan to complete
by FY 2029. 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:
<a href="https://www.fws.gov/project/foreign-species-listing-workplan">https://www.fws.gov/project/foreign-species-listing-workplan</a>.
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;
[[Page 48917]]
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 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, mean 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 action with higher priority work.
Listing Program Workload
The National Listing Workplan that the Service released in 2024
outlined work for domestic species over the period from FY 2024 to FY
2028. The Foreign Species Workplan that the Service released in 2023
outlined work for foreign species over the period from FY 2024 to FY
2029. Tables 1 and 2 under Expeditious Progress, below, identify the
higher priority listing actions that we completed through FY 2024
(September 30, 2024), as well as those we have been working on in FY
2024 but have not yet completed. For FY 2023 and FY 2024, our workload
includes 48 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 2023 and FY 2024 were 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 2023 appropriations law appropriated $23,398,000 for
all domestic and foreign listing activities, and the FY 2024
appropriations law appropriated $22,000,000 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 2023 and FY 2024 (as of September
[[Page 48918]]
30, 2024) included 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 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 2023 and FY 2024 (as of September 30,
2024), we completed 90-day findings on petitions to list 21 domestic
species and 5 foreign 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 2023 and FY 2024 (as of September 30, 2024), we completed 12-
month findings for 99 domestic species and 1 foreign species. In
addition, we initiated 12-month findings for 89 domestic species, 23
foreign species, and 2 candidates. Although we did not complete all of
those actions during FY 2023 or FY 2024 (as of September 30, 2024), we
made expeditious progress towards doing so by initiating and making
progress on the status reviews to determine whether adding these
species to the Lists is warranted.
Third, we are making expeditious progress in adding qualified
species to the Lists. In FY 2023 and FY 2024 (as of September 30,
2024), we published final listing rules for 48 domestic species and 5
foreign species, including final critical habitat designations for 22
of those domestic species and final protective regulations under the
Act's section 4(d) for 33 of those domestic species and 2 foreign
species. In addition, we published proposed rules to list an additional
45 domestic species and 6 foreign species (including concurrent
proposed critical habitat designations for 24 domestic species and
concurrent protective regulations under the Act's section 4(d) for 15
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 2023 and FY 2024 (as of September
30, 2024), we finalized downlisting rules for 6 domestic species with
concurrent final protective regulations under the Act's section 4(d),
finalized delisting rules for 34 domestic species, proposed delisting
rules for 9 domestic species, and completed a 90-day finding for 1
domestic species.
Preclusion and Expeditious Progress
The tables below catalog the Service's progress in FY 2023 and FY
2024 (as of September 30, 2024) 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 2023 and FY 2024 that were not yet complete as
of September 30, 2024. 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
2023 and FY 2024
[As of September 30, 2024]
----------------------------------------------------------------------------------------------------------------
Publication date Title Action(s) Federal Register citation
----------------------------------------------------------------------------------------------------------------
10/06/2022............... Endangered Species Proposed Listing-- 87 FR 60612-60638.
Status for Lassics Endangered with
Lupine and Designation Critical Habitat.
of Critical Habitat.
10/07/2022............... Endangered Species Proposed Listing-- 87 FR 60957-60975.
Status for the San Endangered.
Francisco Bay-Delta
Distinct Population
Segment of the Longfin
Smelt.
10/12/2022............... Finding for the Gopher 12-month Petition 87 FR 61834-61868.
Tortoise Eastern and Findings.
Western Distinct
Population Segments.
10/14/2022............... Endangered Species Proposed Listing-- 87 FR 62614-62674.
Status for Rim Rock Endangered with
Crowned Snake and Key Critical Habitat.
Ring-Necked Snake and
Designation of Critical
Habitat.
10/18/2022............... 12-Month Finding for the 12-month Petition 87 FR 63150-63199.
Kern Plateau Finding; Proposed
Salamander; Threatened Listing--Threatened
Species Status With with a Section 4(d)
Section 4(d) Rule for Rule and Critical
the Kern Canyon Slender Habitat; Proposed
Salamander and Listing--Endangered
Endangered Species with Critical Habitat.
Status for the
Relictual Slender
Salamander; Designation
of Critical Habitat.
10/19/2022............... 90-Day Findings for Four 90-day Petition 87 FR 63468-63472.
Species. Findings.
10/26/2022............... Threatened Species Final Listing-- 87 FR 64700-64720.
Status for Emperor Threatened with a
Penguin With Section Section 4(d) Rule.
4(d) Rule.
11/08/2022............... Threatened Species Final Listing-- 87 FR 67380-67396.
Status With Section Threatened with a
4(d) Rule for Sickle Section 4(d) Rule.
Darter.
11/25/2022............... Lesser Prairie-Chicken; Final Listing-- 87 FR 72674-72755.
Threatened Status With Threatened with a
Section 4(d) Rule for Section 4(d) Rule;
the Northern Distinct Final Listing--
Population Segment and Endangered.
Endangered Status for
the Southern Distinct
Population Segment.
11/30/2022............... Endangered Species Final Listing-- 87 FR 73488-73504.
Status for Northern Endangered.
Long-Eared Bat.
[[Page 48919]]
12/01/2022............... Threatened Species Final Listing-- 87 FR 73655-73682.
Status With Section Threatened with a
4(d) Rule for Puerto Section 4(d) Rule and
Rican Harlequin Critical Habitat.
Butterfly and
Designation of Critical
Habitat.
12/02/2022............... Endangered Species Final Listing-- 87 FR 73971-73994.
Status for the Dixie Endangered.
Valley Toad.
12/13/2022............... Endangered Status for Final Listing-- 87 FR 76112-76125.
the Dolphin and Union Endangered.
Caribou.
12/15/2022............... Threatened Species Final Listing-- 87 FR 76882-76917.
Status With Section Threatened with a
4(d) Rule for Whitebark Section 4(d) Rule.
Pine (Pinus albicaulis).
12/16/2022............... Endangered Species Final Listing-- 87 FR 77368-77401.
Status and Designation Endangered with
of Critical Habitat for Critical Habitat.
Tiehm's Buckwheat.
12/29/2022............... One Species Not 12-month Petition 87 FR 80080-80088.
Warranted for Delisting Findings *.
and Seven Species Not
Warranted for Listing
as Endangered or
Threatened Species.
01/31/2023............... Endangered Species Final Listing-- 88 FR 6177-6191.
Status for Sacramento Endangered.
Mountains Checkerspot
Butterfly.
02/23/2023............... California Spotted Owl; 12-month Petition 88 FR 11600-11639.
Endangered Status for Finding; Proposed
the Coastal-Southern Listing--Endangered;
California Distinct Proposed Listing--
Population Segment and Threatened with a
Threatened Status With Section 4(d) Rule.
Section 4(d) Rule for
the Sierra Nevada
Distinct Population
Segment.
02/28/2023............... Endangered Species Final Listing-- 88 FR 12572-12602.
Status for Prostrate Endangered with
Milkweed and Critical Habitat.
Designation of Critical
Habitat.
03/02/2023............... Threatened Species Final Listing-- 88 FR 13038-13070.
Status With Section Threatened with a
4(d) Rule for the Upper Section 4(d) Rule and
Coosa River Distinct Critical Habitat.
Population Segment of
Frecklebelly Madtom and
Designation of Critical
Habitat.
03/09/2023............... Threatened Species Final Listing-- 88 FR 14794-14869.
Status With Section Threatened with a
4(d) Rule for Longsolid Section 4(d) Rule and
and Round Hickorynut Critical Habitat.
and Designation of
Critical Habitat.
03/09/2023............... Petition Finding for 12-month Petition 88 FR 14536-14560.
Joshua Trees (Yucca Finding.
brevifolia and Y.
jaegeriana).
03/15/2023............... Endangered Species Final Listing-- 88 FR 15921-15938.
Status for Bog Buck Endangered.
Moth.
03/20/2023............... Endangered Species Proposed Listing-- 88 FR 16776-16832.
Status With Critical Endangered with
Habitat for Texas Critical Habitat;
Heelsplitter, and Proposed Listing--
Threatened Status With Threatened with a
Section 4(d) Rule and Section 4(d) Rule and
Critical Habitat for Critical Habitat.
Louisiana Pigtoe.
03/21/2023............... 90-Day Findings for Four 90-day Petition 88 FR 16933-16937.
Species. Findings.
03/30/2023............... Threatened Species Final Listing-- 88 FR 19004-19017.
Status With Section Threatened with a
4(d) Rule for Egyptian Section 4(d) Rule.
Tortoise.
04/03/2023............... Significant Portion of Final Determination; 88 FR 19549- 19559.
Its Range Analysis for Notification of
the Northern Distinct Additional Analysis.
Population Segment of
the Southern Subspecies
of Scarlet Macaw.
04/11/2023............... Threatened Species Final Listing-- 88 FR 21844-21876.
Status With Section Threatened with a
4(d) Rule for Bracted Section 4(d) Rule and
Twistflower and Critical Habitat.
Designation of Critical
Habitat.
04/25/2023............... Determination of Final Listing-- 88 FR 25208-25249.
Threatened Status for Threatened with a
Wright's Marsh Thistle Section 4(d) Rule and
With a Section 4(d) Critical Habitat.
Rule and Designation of
Critical Habitat.
04/27/2023............... Endangered Species Final Listing-- 88 FR 25543-25557.
Status for South Llano Endangered.
Springs Moss.
04/27/2023............... Threatened Species Final Listing-- 88 FR 25512-25542.
Status With Section Threatened with a
4(d) Rule for Big Creek Section 4(d) Rule and
Crayfish and St. Critical Habitat.
Francis River Crayfish
and Designation of
Critical Habitat.
05/31/2023............... Endangered Species Proposed Listing-- 88 FR 34800-34810.
Status for Sira Endangered.
Curassow and Southern
Helmeted Curassow.
06/08/2023............... Endangered Species Proposed Listing-- 88 FR 37490-37504.
Status for Swale Endangered.
Paintbrush.
06/13/2023............... Endangered Species Proposed Listing-- 88 FR 38455-38477.
Status for Navasota Endangered with
False Foxglove and Critical Habitat.
Designation of Critical
Habitat.
06/21/2023............... Endangered Species Proposed Listing-- 88 FR 40160-40189.
Status for Southern Endangered with
Elktoe and Designation Critical Habitat.
of Critical Habitat.
06/27/2023............... Threatened Species Final Listing-- 88 FR 41724-41771.
Status With Section Threatened with a
4(d) Rule for Western Section 4(d) Rule and
Fanshell and Critical Habitat.
``Ouachita'' Fanshell
and Designation of
Critical Habitat.
06/27/2023............... Review of Species That CNOR and 12-Month 88 FR 41560-41585.
Are Candidates for Petition Findings.
Listing as Endangered
or Threatened; Annual
Notification of
Findings on Resubmitted
Petitions; Annual
Description of Progress
on Listing Actions.
07/03/2023............... Endangered Species Proposed Listing-- 88 FR 42661-42677.
Status for the Dunes Endangered.
Sagebrush Lizard.
07/20/2023............... Threatened Species Final Listing-- 88 FR 46910-46950.
Status With Section Threatened with a
4(d) Rule for Cactus Section 4(d) Rule.
Ferruginous Pygmy-Owl.
07/25/2023............... Endangered Species Proposed Listing-- 88 FR 47952-47988.
Status for Salina Endangered with
Mucket and Mexican Critical Habitat.
Fawnsfoot and
Designation of Critical
Habitat.
07/25/2023............... Two Species Not 12-month Petition 88 FR 47839-47843.
Warranted for Listing Findings *.
as Endangered or
Threatened Species.
[[Page 48920]]
07/26/2023............... Threatened Species Proposed Listing-- 88 FR 48294-48349.
Status With Section Threatened with a
4(d) Rule for Green Section 4(d) Rule and
Floater and Designation Critical Habitat.
of Critical Habitat.
07/27/2023............... Endangered Species Proposed Listing-- 88 FR 48414-48424.
Status for the Endangered.
Fluminense Swallowtail,
Harris' Mimic
Swallowtail, and
Hahnel's Amazonian
Swallowtail.
08/17/2023............... 90-Day Findings for Five 90-day Petition 88 FR 55991-55995.
Species. Findings.
08/17/2023............... Endangered Species Proposed Listing-- 88 FR 55962-55991.
Status for Texas Endangered with
Kangaroo Rat and Critical Habitat.
Designation of Critical
Habitat.
08/18/2023............... Endangered Species Final Listing-- 88 FR 56471-56489.
Status for Magnificent Endangered with
Ramshorn and Critical Habitat.
Designation of Critical
Habitat.
08/22/2023............... Threatened Status With Proposed Listing-- 88 FR 57292-57327.
Section 4(d) Rule for Threatened with a
Brawleys Fork Crayfish Section 4(d) Rule and
and Designation of Critical Habitat.
Critical Habitat.
08/22/2023............... Endangered Species Proposed Listing-- 88 FR 57046-57060.
Status for Toothless Endangered.
Blindcat and Widemouth
Blindcat.
08/22/2023............... Endangered Status for Proposed Listing-- 88 FR 57224-57290.
Salamander Mussel and Endangered with
Designation of Critical Critical Habitat.
Habitat.
08/22/2023............... Threatened Species Final Listing-- 88 FR 57180-57222.
Status With Section Threatened with a
4(d) Rule for Sand Dune Section 4(d) Rule and
Phacelia and Critical Habitat.
Designation of Critical
Habitat.
08/22/2023............... Endangered Species Proposed Listing-- 88 FR 57060-57077.
Status for Tennessee Endangered.
Clubshell, Tennessee
Pigtoe, and Cumberland
Moccasinshell.
08/23/2023............... Nine Species Not 12-month Petition 88 FR 57388-57400.
Warranted for Listing Findings *.
as Endangered or
Threatened Species.
08/29/2023............... Foothill Yellow-Legged Final Listing-- 88 FR 59698-59727.
Frog; Threatened Status Threatened with a
With Section 4(d) Rule Section 4(d) Rule;
for Two Distinct Final Listing--
Population Segments and Endangered.
Endangered Status for
Two Distinct Population
Segments.
09/13/2023............... Endangered and Proposed Listing-- 88 FR 62725-62747.
Threatened Wildlife and Endangered with
Plants; Endangered Critical Habitat.
Species Status for
Quitobaquito Tryonia
and Designation of
Critical Habitat.
09/20/2023............... Threatened Species Proposed Listing-- 88 FR 64856-64870.
Status With Section Threatened with a
4(d) Rule for the Miami Section 4(d) Rule.
Cave Crayfish.
09/20/2023............... One Species Not 12-month Petition 88 FR 64870-64880.
Warranted for Delisting Findings *.
and Six Species Not
Warranted for Listing
as Endangered or
Threatened Species.
10/03/2023............... Threatened Species Proposed Listing-- 88 FR 68370-68399.
Status With Section Threatened with a
4(d) Rule for the Section 4(d) Rule.
Northwestern Pond
Turtle and Southwestern
Pond Turtle; Proposed
Rule.
10/03/2023............... Threatened Species Proposed Listing-- 88 FR 68070-68093.
Status With Section Threatened with a
4(d) Rule for Short- Section 4(d) Rule.
Tailed Snake.
10/05/2023............... Endangered Species Final Listing-- 88 FR 69074-69098.
Status for Lassics Endangered with
Lupine and Designation Critical Habitat.
of Critical Habitat.
10/12/2023............... 90-Day Findings for Two 90-day Petition 88 FR 70634-70637.
Petitions To Reclassify Findings.
the West Indian Manatee.
10/31/2023............... Endangered Species Proposed Listing-- 88 FR 74390-74400.
Status for Oblong Endangered.
Rocksnail (Leptoxis
compacta).
11/29/2023............... Seven Species Not 12-month Petition 88 FR 83368-83377.
Warranted for Listing Findings *.
as Endangered or
Threatened Species.
11/30/2023............... Threatened Species Final Listing-- 88 FR 83726-83772.
Status With Section Threatened with a
4(d) Rule for North Section 4(d) Rule.
American Wolverine.
12/05/2023............... Threatened Status With Proposed Listing-- 88 FR 84252-84278.
Section 4(d) Rule for Threatened with a
the Northern and Section 4(d) Rule.
Southern Distinct
Population Segments of
the Western Spadefoot.
12/20/2023............... Ten Species Not 12-month Petition 88 FR 88035-88040.
Warranted for Listing Findings *.
as Endangered or
Threatened Species.
12/20/2023............... Endangered Species Proposed Listing-- 88 FR 88012-88035.
Status for West Endangered with
Virginia Spring Critical Habitat.
Salamander and
Designation of Critical
Habitat.
12/21/2023............... Threatened Species Proposed Listing-- 88 FR 88338-88359.
Status for Coal Darter Threatened with a
With Section 4(d) Rule. Section 4(d) Rule.
12/28/2023............... Endangered Species Final Listing-- 88 FR 89611-89626.
Status for Black-Capped Endangered.
Petrel.
01/25/2024............... 90-Day Findings for 10 90-day Petition 89 FR 4884-4890.
Species. Findings.
02/06/2024............... Two Species Not 12-month Petition 89 FR 8137-8141.
Warranted for Listing Findings *.
as Endangered or
Threatened Species.
02/07/2024............... Finding for the Gray 12-month Petition 89 FR 8391-8395.
Wolf in the Northern Findings.
Rocky Mountains and the
Western United States.
02/08/2024............... 90-Day Finding for the 90-day Petition 89 FR 8629-8631.
Kings River Pyrg. Findings.
02/15/2024............... Threatened Species Final Listing-- 89 FR 11750-11772.
Status With Section Threatened with a
4(d) Rule for the Section 4(d) Rule.
Silverspot Butterfly.
[[Page 48921]]
03/19/2024............... Endangered Species Proposed Listing-- 89 FR 19526-19546.
Status for Bushy Endangered with
Whitlow-Wort and Critical Habitat.
Designation of Critical
Habitat.
03/26/2024............... Threatened Species Proposed Listing-- 89 FR 20928-20939.
Status With Section Threatened with a
4(d) Rule for Pygmy Section 4(d) Rule.
Three-Toed Sloth.
04/23/2024............... 12-Month Finding for 12-month Petition 89 FR 30311-30314.
Lake Sturgeon. Findings.
05/20/2024............... Endangered Species Final Listing-- 89 FR 43748-43769.
Status for the Dunes Endangered.
Sagebrush Lizard.
06/04/2024............... Endangered Species Final Listing-- 89 FR 48034-48130.
Status With Critical Endangered with
Habitat for Guadalupe Critical Habitat;
Fatmucket, Texas Final Listing--
Fatmucket, Guadalupe Threatened with a
Orb, Texas Pimpleback, Section 4(d) Rule and
Balcones Spike, and Critical Habitat.
False Spike, and
Threatened Species
Status With Section
4(d) Rule and Critical
Habitat for Texas
Fawnsfoot.
06/20/2024............... Three Species Not 12-month Petition 89 FR 51864-51869.
Warranted for Listing Findings *.
as Endangered or
Threatened Species.
06/27/2024............... Threatened Status for Final Listing-- 89 FR 53507-53528.
the Suwannee Alligator Threatened with a
Snapping Turtle with a Section 4(d) Rule.
Section 4(d) Rule.
07/03/2024............... Threatened Species Final Listing-- 89 FR 55091-55113.
Status for Mount Threatened with a
Rainier White-Tailed Section 4(d) Rule.
Ptarmigan With a
Section 4(d) Rule.
07/12/2024............... Threatened Species Final Listing-- 89 FR 57206-57236.
Status for Pearl River Threatened with a
Map Turtle With Section Section 4(d) Rule.
4(d) Rule; and
Threatened Species
Status for Alabama Map
Turtle, Barbour's Map
Turtle, Escambia Map
Turtle, and Pascagoula
Map Turtle Due to
Similarity of
Appearance With Section
4(d) Rule.
07/25/2024............... Endangered Species Final Listing-- 89 FR 60319-60328.
Status for Sira Endangered.
Curassow and Southern
Helmeted Curassow.
07/30/2024............... Endangered Species Final Listing-- 89 FR 61029-61049.
Status for the San Endangered.
Francisco Bay-Delta
Distinct Population
Segment of the Longfin
Smelt.
08/06/2024............... Endangered Status for Proposed Listing-- 89 FR 63888-63909.
the Eastern Regal Endangered; Final
Fritillary, and Listing--Threatened
Threatened Status With with a Section 4(d)
Section 4(d) Rule for Rule.
the Western Regal
Fritillary.
08/08/2024............... Endangered Species Proposed Listing-- 89 FR 65124-65160.
Status for Cedar Key Endangered with
Mole Skink and Critical Habitat.
Designation of Critical
Habitat.
08/08/2024............... Endangered Species Proposed Listing-- 89 FR 64852-64865.
Status for the Long Endangered.
Valley Speckled Dace.
08/13/2024............... Threatened Species Proposed Listing-- 89 FR 65816-65835.
Status With Section Threatened with a
4(d) Rule for the Santa Section 4(d) Rule.
Ana Speckled Dace.
09/10/2024............... Endangered Species Proposed Listing-- 89 FR 73330-73349.
Status for the Alabama Endangered; Proposed
Hickorynut and Listing--Threatened
Threatened Status With with a Section 4(d)
Section 4(d) Rule for Rule.
Obovaria cf. unicolor.
09/10/2024............... Endangered Species Proposed Listing-- 89 FR 73512-73554.
Status for Black Creek Endangered with
Crayfish and Critical Habitat.
Designation of Critical
Habitat.
09/17/2024............... Endangered Species Proposed Listing-- 89 FR 76196-76233.
Status for Kentucky Endangered with
Creekshell and Critical Habitat.
Designation of 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
2024 That Were Not Published as of September 30, 2024
------------------------------------------------------------------------
Species Action
------------------------------------------------------------------------
Amur sturgeon.......................... Final listing determination.
Bethany Beach firefly.................. 12-month finding.*
Big Bar hesperian...................... 12-month finding.
Big red sage........................... 12-month finding.*
Bi-state sage grouse................... Final listing determination.
Blanding's turtle...................... 12-month finding.
Bleached sandhill skipper.............. Discretionary proposed listing
determination.*
Blueridge springfly.................... 12-month finding.
Blue tree monitor...................... 12-month finding.*
Bog spicebush.......................... 12-month finding.
Bornean earless monitor................ 12-month finding.
Brawleys Fork crayfish................. Final listing determination.
California spotted owl (Coastal- Final listing determination.
Southern California DPS).
California spotted owl (Sierra Nevada Final listing determination.
DPS).
Cascade Caverns salamander............. 12-month finding.
Cascade torrent salamander............. 12-month finding.
Coosa creekshell....................... 12-month finding.
Cumberland moccasinshell............... Final listing determination.
[[Page 48922]]
Eastern diamondback rattlesnake........ 12-month finding.
Edwards Aquifer diving beetle.......... 12-month finding.
Flat-tailed tortoise................... 12-month finding.
Florida Keys mole skink................ Final listing determination.
Florida pine snake..................... 12-month finding.
Fluminense swallowtail................. Final listing determination.*
Giraffe................................ 12-month finding.*
Hahnel's Amazonian butterfly........... Final listing determination.*
Harris' mimic swallowtail.............. Final listing determination.*
Kern Canyon slender salamander......... Final listing determination.
Key ring-neck snake.................... Final listing determination.
Las Vegas bearpoppy.................... 12-month finding.*
Lobed roachfly......................... 12-month finding.
Longnose darter........................ 12-month finding.
Long-tailed chinchilla................. 12-month finding.
Louisiana pigtoe....................... Final listing determination.
Lowland loosestrife.................... 12-month finding.
Miami cave crayfish.................... Final listing determination.
Monarch butterfly...................... 12-month finding.*
Navasota false foxglove................ Final listing determination.
Northern bog lemming................... 12-month finding.
Ocmulgee skullcap...................... Final listing determination.*
Pangolin............................... 12-month finding.*
Pecos pupfish.......................... 12-month finding.*
Pe[ntilde]asco least chipmunk.......... Final listing determination.*
Peppered shiner........................ 12-month finding.
Persian sturgeon....................... Final listing determination.
Piebald madtom......................... 12-month finding.
Pygmy three-toed sloth................. Final listing determination.
Quitobaquito tryonia................... Final listing determination.
Relictual slender salamander........... Final listing determination.
Rim rock crown snake................... Final listing determination.
Rio Grande cutthroat trout............. 12-month finding.*
Robust redhorse........................ 12-month finding.
Russian sturgeon....................... Final listing determination.
Salamander mussel...................... Final listing determination.
Saltmarsh sparrow...................... Discretionary proposed listing
determination.
Shasta chaparral....................... 12-month finding.
Shasta hesperian....................... 12-month finding.
Shasta sideband........................ 12-month finding.
Ship sturgeon.......................... Final listing determination.
Short-tailed chinchilla................ 12-month finding.
Southern elktoe........................ Final listing determination.
Spider tortoise........................ 12-month finding.
Spotted turtle......................... 12-month finding.
Stellate sturgeon...................... Final listing determination.
Swale paintbrush....................... Final listing determination.*
Tennessee clubshell.................... Final listing determination.
Tennessee pigtoe....................... Final listing determination.
Texas heelsplitter..................... Final listing determination.
Texas kangaroo rat..................... Final listing determination.
Texas salamander....................... 12-month finding.
Texas screwstem........................ 12-month finding.
Tharp's bluestar....................... 12-month finding.
Toothless blindcat..................... Final listing determination.
Tri-colored bat........................ Final listing determination.
Virginia stone......................... 12-month finding.
West Indian manatee.................... 12-month finding.*
Western bumble bee..................... 12-month finding.
Widemouth blindcat..................... Final listing determination.
Wintu sideband......................... 12-month finding.
Wood turtle............................ 12-month finding.
------------------------------------------------------------------------
* Denotes species for which a 12-month finding or listing determination
has published subsequent to the end of FY 2024 (after September 30,
2024).
[[Page 48923]]
Table 3--Published Domestic and Foreign Proposed and Final Downlistings and Delistings in FY 2023 and FY 2024
[As of September 30, 2024]
----------------------------------------------------------------------------------------------------------------
Publication date Title Action(s) Federal Register citation
----------------------------------------------------------------------------------------------------------------
10/05/2022............... Removing the Snail Final Rule--Delisting.. 87 FR 60298-60313.
Darter From the List of
Endangered and
Threatened Wildlife.
11/04/2022............... Reclassification of Palo Final Rule--Downlisting 87 FR 66591-66607.
de Rosa From Endangered with Section 4(d) Rule.
to Threatened With a
Section 4(d) Rule.
12/01/2022............... Removing Island Bedstraw Proposed Rule-- 87 FR 73722-73741.
and Santa Cruz Island Delisting.
Dudleya From the List
of Endangered and
Threatened Plants.
12/02/2022............... Reclassification of Final Rule--Downlisting 87 FR 73994-74013.
Eugenia woodburyana with Section 4(d) Rule.
From Endangered to
Threatened With a
Section 4(d) Rule.
01/12/2023............... Reclassifying Fender's Final Rule--Downlisting 88 FR 2006-2028.
Blue Butterfly From with Section 4(d) Rule.
Endangered to
Threatened With a
Section 4(d) Rule.
01/25/2023............... Removing Five Species Final Rule--Delisting.. 88 FR 4761-4792.
That Occur on San
Clemente Island From
the Federal Lists of
Endangered and
Threatened Wildlife and
Plants.
02/06/2023............... 90-Day Findings for 90-day Petition 88 FR 7658-7660.
Three Petitions To Findings.
Delist the Grizzly Bear
in the Lower-48 States.
02/15/2023............... Removal of the Southeast Proposed Rule-- 88 FR 9830-9850.
U.S. Distinct Delisting.
Population Segment of
the Wood Stork From the
List of Endangered and
Threatened Wildlife.
04/11/2023............... Removal of the Colorado Proposed Rule-- 88 FR 21582-21600.
Hookless Cactus From Delisting.
the Federal List of
Endangered and
Threatened Wildlife.
05/10/2023............... Reclassifying Furbish's Final Rule--Downlisting 88 FR 30047-30057.
Lousewort (Pedicularis with Section 4(d) Rule.
furbishiae) From
Endangered to
Threatened Status With
a Section 4(d) Rule.
06/28/2023............... Removal of the Okaloosa Final Rule--Delisting.. 88 FR 41835-41854.
Darter From the Federal
List of Endangered and
Threatened Wildlife.
07/19/2023............... Removing Golden Final Rule--Delisting.. 88 FR 46088-46110.
Paintbrush From the
Federal List of
Endangered and
Threatened Plants.
08/11/2023............... Removing the Apache Proposed Rule-- 88 FR 54548-54564.
Trout From the List of Delisting.
Endangered and
Threatened Wildlife.
09/27/2023............... Reclassification of the Final Rule--Downlisting 88 FR 66280-66296.
Relict Darter From with Section 4(d) Rule.
Endangered to
Threatened With a
Section 4(d) Rule.
10/17/2023............... Removal of 21 Species Final Rule--Delisting.. 88 FR 71644-71682.
From the List of
Endangered and
Threatened Wildlife;
Final Rule.
10/17/2023............... Removing Nelson's Final Rule--Delisting.. 88 FR 71491-71504.
Checker-Mallow From the
Federal List of
Endangered and
Threatened Plants.
11/01/2023............... Reclassifying Final Rule--Downlisting 88 FR 74890-74907.
Mitracarpus polycladus with Section 4(d) Rule.
From Endangered to
Threatened With a
Section 4(d) Rule.
11/07/2023............... Removing Island Bedstraw Final Rule--Delisting.. 88 FR 76679-76696.
and Santa Cruz Island
Dudleya From the List
of Endangered and
Threatened Plants.
03/05/2024............... Removal of Chrysopsis Final Rule--Delisting.. 89 FR 15763-15779.
floridana (Florida
Golden Aster) From the
Federal List of
Endangered and
Threatened Plants.
03/19/2024............... Removal of the North Proposed Rule-- 89 FR 19546-19566.
Park Phacelia From the Delisting.
List of Endangered and
Threatened Plants.
04/02/2024............... Removal of Roanoke Proposed Rule-- 89 FR 22649-22662.
Logperch From the List Delisting.
of Endangered and
Threatened Wildlife.
07/02/2024............... Removal of White Sedge Proposed Rule-- 89 FR 54758-54761.
(Carex albida) From the Delisting.
List of Endangered and
Threatened Plants.
07/31/2024............... Removal of Northeastern Proposed Rule-- 89 FR 61387-61396.
Bulrush From the Delisting.
Federal List of
Endangered and
Threatened Plants.
09/06/2024............... Removal of the Apache Final Rule--Delisting.. 89 FR 72739-72757.
Trout 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. Given our limited budget for
implementing section 4 of the Act, these efforts also contribute toward
our expeditious progress in adding and removing qualified species to
and from the Lists.
Findings for Petitioned Candidate Species
For all 14 candidates, we continue to find that listing is
warranted but precluded as of the date of publication of this document.
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 14 of the 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
[[Page 48924]]
developments with respect to the species since publication of the last
CNOR, which are available on <a href="https://www.regulations.gov">https://www.regulations.gov</a> under docket
number FWS-HQ-ES-2023-0246.
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.
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.
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), and again in the June 27,
2023, CNOR (88 FR 41560), the Jamaican kite swallowtail was assigned an
LPN of 2. After reevaluating the factors affecting the Jamaican kite
swallowtail for this CNOR, 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 3,000 meters (m) (4,900 to 10,000 feet (ft)) above
sea level, in the foothills of the Himalayan Mountains and other
mountainous regions farther 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
[[Page 48925]]
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 European Union
Wildlife Trade Regulations; species listed on Annex B require an import
permit.
In the May 3, 2022, CNOR (87 FR 26152), and again in the June 27,
2023, CNOR (88 FR 41560), the Kaiser-i-Hind swallowtail was assigned an
LPN of 8. After reevaluating the threats to this species for this CNOR,
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 (ICBP) 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 29354) 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\) (122,000 square miles (mi\2\)) of
breeding range with a slightly larger nonbreeding range of 377,000
km\2\ (146,000 mi\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), and again in the June 27,
2023, CNOR (88 FR 41560), we assigned the black-backed tanager an LPN
of 8. After reevaluating the available information for this CNOR, 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 (8,200-13,000 ft) above sea
level. On May 6, 1991, we received a petition from the ICBP 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
contained substantial information indicating that listing may be
warranted for all species. On May 21, 2004, we published in the Federal
Register (69 FR 29354) 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\ (4,300 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 cover
only 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), and again in the June 27,
2023, CNOR (88 FR 41560), the Bogot[aacute] rail was assigned an LPN of
2. After reevaluating the threats to this species for this CNOR, we
have determined that
[[Page 48926]]
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 ICBP 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 29354) 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
(2,600-3,300 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' gallery 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, changes in precipitation and
temperature patterns 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), and again in the June 27,
2023, CNOR (88 FR 41560), we assigned the Bras[iacute]lia tapaculo an
LPN of 2. After reevaluating the available information for this CNOR,
we have determined that no change to an LPN is warranted. The species
occurs in only 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 Islands Oystercatcher
The Chatham Islands oystercatcher (Haematopus chathamensis;
formerly referred to as the Chatham oystercatcher) is the rarest
oystercatcher in the world, endemic to the four islands of the Chatham
Island group 860 km (530 mi) east of mainland New Zealand. On November
28, 1980, we received a petition from the ICBP to list 79 bird species,
of which 19 were species on U.S. territory and 60 were foreign species,
including Chatham Islands 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
Islands oystercatcher. On May 21, 2004, we published in the Federal
Register (69 FR 29354) 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 Islands 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 Islands
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
one to three 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 the Chatham Islands
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 Islands 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 Islands 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 Islands 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), and again in the June 27,
2023, CNOR (88 FR 41560), the Chatham Islands oystercatcher was
assigned an LPN of 8. After reevaluating the available information for
this CNOR, we have determined that no change in the LPN is warranted.
Although the
[[Page 48927]]
population appears to have stabilized, it remains very small
(approximately 250 mature individuals), and occupied breeding habitat
is also small (fewer than 800 hectares (2,000 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.
Ghizo White-Eye
The Ghizo 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 ICBP to list 79 bird species, of which 19 were
species on U.S. territory and 60 were foreign species, including the
Ghizo 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 Ghizo white-eye. On May 21, 2004,
we published in the Federal Register (69 FR 29354) 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 Ghizo 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
Ghizo 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 the main causes for loss of old-growth 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), and again in the June 27,
2023, CNOR (88 FR 41560), the Ghizo white-eye was assigned an LPN of 2.
After reevaluating the available information for this CNOR, 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 May 6, 1991, we received a petition from ICBP requesting
the addition of 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 29354) 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
was classified as Drycopus galeatus. We recognized the helmeted
woodpecker in the genus Celeus in 2021 (as reflected in our May 3,
2022, CNOR (87 FR 26152)), and we recognize the species as C. galeatus
and treat D. galeatus and Hylatomus galeatus as synonyms.
Helmeted woodpeckers prefer mature trees in old-growth 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 midstory 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 to 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), and again in the June 27,
2023, CNOR (88 FR 41560), we assigned the helmeted woodpecker an LPN of
8. After reevaluating the available information for this CNOR, 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 ICBP 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 29354) 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
[[Page 48928]]
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 nonbreeding seasons. The average territory size is between 4.4
to 7.3 hectares (11 to 18 acres).
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 currawongs often
prey on small rodents and are naturally curious, they were 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 procures roughly half its
food. 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), and again in the June 27,
2023, CNOR (88 FR 41560), the Lord Howe Island pied currawong was
assigned an LPN of 6. After reevaluating the threats to the Lord Howe
Island pied currawong for this CNOR, 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 ICBP 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 29354) 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 we 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), and again in the June 27,
2023, CNOR (88 FR 41560), the Okinawa woodpecker was assigned an LPN of
2.
[[Page 48929]]
After reevaluating the best available information for this CNOR, 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.
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 ICBP 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
29354) 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), and again in the June 27,
2023, CNOR (88 FR 41560), the orange-fronted parakeet was assigned an
LPN of 8. After reevaluating the threats to the orange-fronted parakeet
for this CNOR, 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 ICBP 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 29354) 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
remains present in only 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 rhizomes 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), and again in the June 27,
2023, CNOR (88 FR 41560), the takah[emacr] was assigned an LPN of 8.
After reevaluating the threats to the takah[emacr] for this CNOR, 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.
[[Page 48930]]
Yellow-Browed Toucanet
The yellow-browed toucanet (Aulacorhynchus huallagae) is a member
of the toucan family that occurs in the Andes Mountains in Peru. On May
6, 1991, we received a petition from the ICBP 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 29354) 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 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), and again in the June 27,
2023, CNOR (88 FR 41560), the yellow-browed toucanet was assigned an
LPN of 2. After reevaluating the available information for this CNOR,
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 (78 FR 24604), determined that the
species warrants protection, but was precluded from listing at the
time.
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 any estimates of the total population for the
entire range of the species. The historical population of the Colorado
Delta clam in the upper Gulf of California 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 have lost 94% of its population in the upper Gulf since
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 or worsen if anticipated 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), and again in the June 27,
2023, CNOR (88 FR 41560), the Colorado Delta clam was assigned an LPN
of 8. After reevaluating the threats to this species for this CNOR, 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 the
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) 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. For the
delta smelt 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
[[Page 48931]]
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
The northern spotted owl is the largest of three subspecies of
spotted owls. 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 is relatively long-lived, has a long
reproductive life span, invests significantly in parental care, and
exhibits high adult survivorship relative to other North American owls.
Nesting and roosting habitat characteristics are usually found in older
forests and include moderate to high canopy cover; multiple canopy
layers; large trees with deformities such as large cavities, broken
tops, or mistletoe infections; large snags and fallen trees; and space
beneath the canopy for flight. Foraging habitat varies greatly across
the range, as does diet, and may coincide with or differ from nesting
and roosting habitat. Landscapes supporting dispersal typically include
a high proportion of the area in forested cover with trees larger than
11 inches (28 centimeters) in diameter at breast height and more than
30 to 40 percent canopy cover. Northern spotted owls can be found in
younger forest stands that have the structural characteristics of older
forests or retained structural elements from the previous forest,
especially in redwood forests and mixed conifer-hardwood forests along
the coast of northwestern California. 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 incursion of the nonnative barred owl
(Strix varia) is currently the stressor with the largest negative
impact on northern spotted owls.
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 the Bureau
of Land Management lands in western Oregon are expected to do the same;
however, forest ecosystem processes continue to change, and the
expansion of barred owl populations is altering the capacity of intact
habitat to support northern spotted owls. Therefore, we find that
reclassification of the northern spotted owl as an endangered species
under the Act is warranted.
Because the northern spotted owl's current classification as
threatened and the blanket section 4(d) rule that has prescribed
protections for the species since it was listed (see 50 CFR 17.31(a))
already provide the species the full protections afforded by the Act,
uplisting the species to endangered status would not substantively
increase protections for the northern spotted owl but would more
accurately classify the species given its current status. The listing
priority number for the northern spotted owl is 3, reflecting the high
magnitude of the threats, which are causing steep population declines.
It also reflects the immediacy of the threats. Competition with barred
owls is depressing demographic rates in nearly all populations
throughout the northern spotted owl's range. Finally, the listing
priority number reflects the status of the northern spotted owl as a
subspecies.
A detailed discussion of the basis for this finding can be found in
our northern spotted owl species assessment form (see ADDRESSES,
above), as well as in our 12-month finding published in the Federal
Register on December 15, 2020 (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
Delta smelt are slender-bodied fish, translucent with a steely blue
sheen to their sides and are generally about 60 to 70 millimeters (2.36
to 2.75 inches) long. They consist of a single population that
primarily occupies open-water habitats in Suisun Bay and marsh and the
Sacramento-San Joaquin Delta.
The delta smelt is primarily an annual species, meaning that it
completes its life cycle in one year. It occupies pelagic, cool,
turbid, low-salinity and freshwater habitats. It feeds on small,
planktonic crustaceans, especially calanoid copepods, at all stages of
its life. Adults spawn on sandy or hard substrate. As a small fish,
delta smelt shift vertically and longitudinally within the water column
with the tidal currents to stay where food is available and to
distribute throughout the delta to spawn. The species needs clean,
contaminant-free water; abundant zooplankton prey; water channels free
from invasive vegetation; and hydrologic conditions that place their
low-salinity habitat in locations that both maximize the volume of
habitat and minimize the fish's risk of entrainment into both poor
habitat conditions and water export facilities.
The primary known threats cited in the April 7, 2010, 12-month
finding for reclassifying the delta smelt from threatened to endangered
(75 FR 17667) are entrainment by water export facilities, increases in
salinity due to reductions in freshwater flow and summer and fall
increases in water clarity, effects from introduced species,
contaminant exposure, and small population size. The 2021 California
Department of Fish and Wildlife and Service adult abundance estimates
are the lowest ever recorded. Although conservation measures are in
place to protect the species, including the 2019 biological opinion,
experimental release, and supplementation, these measures have not been
sufficient to halt the decline of the species. Therefore, based on a
review of the best scientific and commercial information available, we
find that the delta smelt still meets the definition of an endangered
species under the Act, and that it warrants reclassification from
threatened to endangered. However, at this time, the promulgation of a
formal rulemaking to reclassify delta smelt is precluded by higher
priority actions. Because the delta smelt's current classification as
threatened and the blanket section 4(d) rule that has prescribed
protections for the species since it was listed (see 50 CFR 17.31(a))
already provide the species the full protections afforded by the Act,
uplisting the species to endangered status would not substantively
increase protections for the delta smelt but would more accurately
classify the species given its current status. In addition, although
the identified threats are imminent and substantial, emergency
uplisting would provide no additional benefit to the species.
In our 12-month finding published in the Federal Register on April
7, 2010 (75 FR 17667), the delta smelt was assigned an LPN of 2. For
this update, there is no change in its LPN. The majority of threats
identified in 2010 remain. Therefore, the LPN is valid for this species
to reflect imminent threats of moderate magnitude.
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
[[Page 48932]]
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, 2024). 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 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. Lower numbers have higher 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
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 (88 FR 41560; June 27, 2023) that are no longer proposed species
or candidates for listing (as of September 30, 2024). In FY 2023 and FY
2024 (or after; please see note to table 6, below), we listed 52
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.
SAT--Species we listed as threatened due to similarity of
appearance.
Rc--Species we removed from the candidate list or is no longer
proposed for listing, because currently available information does not
support a proposed listing.
Rp--Species we removed from the candidate list or is no longer
proposed for listing, 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):
A--Species that are more abundant or widespread than previously
believed and species that are not subject to the degree of threats
sufficient that the species is a candidate for listing (for reasons
other than that conservation efforts have removed or reduced the
threats to the species).
I--Species for which the best available information on biological
vulnerability and threats is insufficient to support a conclusion that
the species is an endangered species or a threatened species.
L--Species we added to the Lists of Endangered and Threatened
Wildlife and Plants.
M--Species we mistakenly included as candidates or proposed species
in the last notice of review.
N--Species that are not listable entities based on the Act's
definition of ``species'' and current taxonomic understanding.
U--Species that are not subject to the degree of threats sufficient
to warrant issuance of a proposed listing and therefore are not
candidates for listing, due, in part or totally, to conservation
efforts that remove or reduce the threats to the species.
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;
[[Page 48933]]
(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 Contact name Address and telephone
----------------------------------------------------------------------------------------------------------------
Dolly varden............................ Bridget Fahey............................. Acting Regional Director,
U.S. Fish and Wildlife
Service, Eastside Federal
Complex, 911 N.E. 11th
Avenue, Portland, OR
97232-4181; telephone:
503-231-2111.
Bushy whitlow-wort, Louisiana pigtoe, Stewart Jacks............................. Acting Regional Director,
Mexican fawnsfoot, Navasota false U.S. Fish and Wildlife
foxglove, Quitobaquito tryonia, Salina Service, 500 Gold Avenue
mucket, Texas heelsplitter, Texas SW., Room 4012,
kangaroo rat, toothless blindcat, Albuquerque, NM 87102;
widemouth blindcat. telephone: 505-248-6620.
Monarch butterfly, salamander mussel.... Will Meeks................................ Regional Director, U.S.
Fish and Wildlife
Service, 5600 American
Blvd. West, Suite 990,
Bloomington, MN 55437-
1458; telephone: 612-750-
9866.
Alabama hickorynut, alligator snapping Mike Oetker............................... Regional Director, U.S.
turtle, Black Creek crayfish, Brawleys Fish and Wildlife
Fork crayfish, Cedar Key mole skink, Service, 1875 Century
coal darter, Cumberland moccasinshell, Boulevard, Suite 200,
Florida Keys mole skink, Key ring- Atlanta, GA 30345;
necked snake, Miami Cave crayfish, telephone: 404-679-4000.
oblong rocksnail, Obovaria cf.
unicolor, Ocmulgee skullcap, rim rock
crowned snake, short-tailed snake,
southern elktoe, Tennessee clubshell,
Tennessee pigtoe, West Indian manatee.
Eastern regal fritillary, green floater, Sharon Marino............................. Acting Regional Director,
tricolored bat, West Virginia spring U.S. Fish and Wildlife
salamander. Service, 300 Westgate
Center Dr., Hadley, MA
01035; telephone: 413-253-
8851.
Western regal fritillary................ Matt Hogan................................ Regional Director, U.S.
Fish and Wildlife
Service, P.O. Box 25486,
Denver Federal Center,
Denver, CO 80225-0486;
telephone: 303-236-7920.
Bi-state sage-grouse, California spotted Adam Johnson.............................. Acting Regional Director,
owl, Kern Canyon slender salamander, U.S. Fish and Wildlife
Long Valley speckled dace, northwestern Service, 2800 Cottage
pond turtle, relictual slender Way, Suite W2606,
salamander, Santa Ana speckled dace, Sacramento, CA 95825;
southwestern pond turtle, western telephone: 541-885-2526.
spadefoot.
Amur sturgeon, black-backed tanager, Gina Shultz............................... Acting Assistant Director,
Bogota rail, Brasilia tapaculo, Chatham Ecological Services, U.S.
Island oystercatcher, Colorado delta Fish and Wildlife
clam, Ghizo white-eye, helmeted Service, 5275 Leesburg
woodpecker, Jamaican kite swallowtail Pike, MS: ES, Falls
butterfly, Kaiser-i-Hind swallowtail Church, VA 22041;
butterfly, Lord Howe pied currawong, telephone: 202-208-4469.
Okinawa woodpecker, orange-fronted
parakeet, Persian sturgeon, pygmy three-
toed sloth, Russian sturgeon, ship
sturgeon, stellate sturgeon,
takah[emacr], yellow-browed toucanet.
----------------------------------------------------------------------------------------------------------------
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 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.).
Brian R. Nesvik
Director, U.S. Fish and Wildlife Service.
[[Page 48934]]
Table 5--Candidate Notice of Review (Animals and Plants)
[Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.]
----------------------------------------------------------------------------------------------------------------
Status
------------------------- Scientific name Family Common name Historical range
Category Priority
----------------------------------------------------------------------------------------------------------------
MAMMALS
----------------------------------------------------------------------------------------------------------------
PE............ ........ Perimyotis Vespertilionidae........ Bat, tricolored.... U.S.A. (AL, AR,
subflavus. CO, CT, DE, DC,
FL, GA, IL, IN,
IA, KS, KY, LA,
ME, MD, MA, MI,
MN, MS, MO, NE,
NH, NJ, NM, NY,
NC, OH, OK, PA,
RI, SC, SD, TN,
TX, VT, VA, WV,
WI, WY), Canada,
Guatemala,
Honduras, Mexico.
PE............ ........ Neotamias minimus Sciuridae............... Chipmunk, U.S.A. (NM)
atristriatus. Pe[ntilde]asco
least *.
PE............ ........ Dipodomys elator... Heteromyidae............ Kangaroo rat, Texas U.S.A. (OK, TX).
PT............ 2 Bradypus pygmaeus.. Bradypodidae............ Sloth, pygmy three- Panama.
toed.
----------------------------------------------------------------------------------------------------------------
BIRDS
----------------------------------------------------------------------------------------------------------------
C............. 6 Strepera graculina Cracticidae............. Currawong, Lord Lord Howe Island,
crissalis. Howe Island pied. New South Wales,
Australia.
PE............ ........ Strix occidentalis Strigidae............... Owl, California U.S.A. (CA).
occidentalis. spotted [Coastal-
Southern
California DPS].
PT............ ........ Strix occidentalis Strigidae............... Owl, California U.S.A. (CA, NV).
occidentalis. spotted [Sierra
Nevada DPS].
C............. 8 Haematopus Haematopodidae.......... Oystercatcher, Chatham Islands,
chathamensis. Chatham. New Zealand.
C............. 8 Cyanoramphus Psittacidae............. Parakeet, orange- New Zealand.
malherbi. fronted.
C............. 2 Rallus semiplumbeus Rallidae................ Rail, Bogota....... Colombia.
PT............ ........ Centrocercus Phasianidae............. Sage-grouse, U.S.A. (CA, NV).
urophasianus. greater [Bi-State
DPS].
C............. 8 Porphyrio Rallidae................ Takah[emacr]....... New Zealand.
hochstetteri.
C............. 8 Tangara peruviana.. Thraupidae.............. Tanager, black- Brazil.
backed.
C............. 2 Scytalopus Rhinocryptidae.......... Tapaculo, Brasilia. Brazil.
novacapitalis.
C............. 2 Aulacorhynchus Ramphastidae............ Toucanet, yellow- Peru.
huallagae. browed.
C............. 2 Zosterops Zosteropidae............ White-eye, Ghizo... Solomon Islands.
luteirostris.
C............. 8 Celeus galeatus.... Picidae................. Woodpecker, Argentina, Brazil,
helmeted. Paraguay.
C............. 2 Dendrocopos Picidae................. Woodpecker, Okinawa Okinawa Island,
noguchii. Japan.
----------------------------------------------------------------------------------------------------------------
REPTILES
----------------------------------------------------------------------------------------------------------------
PE............ ........ Plestiodon egregius Scincidae............... Skink, Cedar Key U.S.A. (FL).
insularis. mole.
PT............ ........ Plestiodon egregius Scincidae............... Skink, Florida Keys U.S.A. (FL).
egregius. mole.
PE............ ........ Diadophis punctatus Colubridae.............. Snake, Key ring- U.S.A. (FL).
acricus. necked.
PE............ ........ Tantilla oolitica.. Colubridae.............. Snake, rim rock U.S.A. (FL).
crowned.
PT............ ........ Lampropeltis Colubridae.............. Snake, short-tailed U.S.A. (FL).
extenuata.
PT............ ........ Macrochelys Chelydridae............. Turtle, alligator U.S.A. (AL, AR,
temminckii. snapping. FL, GA, IL, KS,
KY, LA, MS, MO,
OK, TN, TX).
PT............ 4 Actinemys marmorata Chelydridae............. Turtle, U.S.A. (CA, NV,
northwestern pond. OR, WA).
PT............ 4 Actinemys pallida.. Chelydridae............. Turtle, U.S.A (CA),
southwestern pond. Mexico.
----------------------------------------------------------------------------------------------------------------
AMPHIBIANS
----------------------------------------------------------------------------------------------------------------
PT............ ........ Batrachoseps Plethodontidae.......... Salamander, Kern U.S.A. (CA).
simatus. Canyon slender.
PE............ ........ Batrachoseps Plethodontidae.......... Salamander, U.S.A. (CA).
relictus. relictual slender.
PE............ 3 Gyrinophilus Plethodontidae.......... Salamander, West U.S.A. (WV).
subterraneus. Virginia spring.
PT............ ........ Spea hammondii..... Scaphiopodidae.......... Spadefoot, western U.S.A. (CA).
[Northern DPS].
PT............ ........ Spea hammondii..... Scaphiopodidae.......... Spadefoot, western U.S.A. (CA) and
[Southern DPS]. Mexico.
----------------------------------------------------------------------------------------------------------------
FISHES
----------------------------------------------------------------------------------------------------------------
PE............ ........ Trogloglanis Ictaluridae............. Blindcat, toothless U.S.A. (TX).
pattersoni.
PE............ ........ Satan eurystomus... Ictaluridae............. Blindcat, widemouth U.S.A. (TX).
PE............ 3 Rhinichthys Leuciscidae............. Dace, Long Valley U.S.A. (CA).
nevadensis caldera. speckled.
PT............ 2 Rhinichthys Leuciscidae............. Dace, Santa Ana U.S.A. (CA).
gabrielino. speckled.
PT............ ........ Percina brevicauda. Percidae................ Darter, coal....... U.S.A (AL).
PE............ ........ Acipenser Acipenseridae........... Sturgeon, Amur..... China, Russia.
schrenckii.
PE............ ........ Acipenser persicus. Acipenseridae........... Sturgeon, Persian.. Armenia, +5
countries.
PE............ ........ Acipenser Acipenseridae........... Sturgeon, Russian.. Armenia, +19
gueldenstaedtii. countries.
PE............ ........ Acipenser Acipenseridae........... Sturgeon, ship..... Armenia, +18
nudiventris. countries.
PE............ ........ Acipenser stellatus Acipenseridae........... Sturgeon, stellate. Armenia, +19
countries.
PSAT.......... ........ Salvelinus malma... Salmonidae.............. Trout, Dolly varden U.S.A. (AK, OR,
WA), Canada, East
Asia.
C............. 4 Oncorhynchus Salmonidae.............. Trout, Rio Grande U.S.A. (CO, NM,
clarkii virginalis. cutthroat*. TX).
----------------------------------------------------------------------------------------------------------------
CLAMS
----------------------------------------------------------------------------------------------------------------
C............. 8 Mulinia modesta.... Mactridae............... Clam, Colorado Mexico.
delta.
PE............ ........ Pleurobema oviforme Unionidae............... Clubshell, U.S.A. (AL, GA,
Tennessee. KY, NC, TN, VA).
PE............ ........ Alasmidonta Unionidae............... Elktoe, southern... U.S.A. (AL, GA,
triangulata. FL).
PE............ ........ Truncilla cognata.. Unionidae............... Fawnsfoot, Mexican. U.S.A. (TX) and
Mexico.
PT............ ........ Lasmigona Unionidae............... Floater, green..... U.S.A. (DC, GA,
subviridis. MD, NJ, NY, NC,
PA, TN, VA, WV).
PE............ ........ Potamilus Unionidae............... Heelsplitter, Texas U.S.A. (LA, TX).
amphichaenus.
[[Page 48935]]
PE............ 3 Obovaria unicolor.. Unionidae............... Hickorynut, Alabama U.S.A. (AL, MS).
PT............ ........ Obovaria cf. Unionidae............... Hickorynut, no U.S.A. (AL, LA,
unicolor. common name. MS).
PE............ ........ Medionidus Unionidae............... Moccasinshell, U.S.A. (AL, GA,
conradicus. Cumberland. KY, NC, TN, VA).
PE............ ........ Potamilus Unionidae............... Mucket, Salina..... U.S.A. (TX) and
metnecktayi. Mexico.
PE............ ........ Simpsonaias ambigua Unionidae............... Mussel, salamander. U.S.A. (AR, IL,
IN, IA, KY, MI,
MN, MO, NY, OH,
PA, TN, WV, WI).
PT............ ........ Pleurobema Unionidae............... Pigtoe, Louisiana.. U.S.A. (AR, LA,
riddellii. MS, OK, TX).
PE............ ........ Pleuronaia Unionidae............... Pigtoe, Tennessee.. U.S.A. (AL, GA,
barnesiana. KY, MS, NC, TN,
VA, WV).
----------------------------------------------------------------------------------------------------------------
SNAILS
----------------------------------------------------------------------------------------------------------------
PE............ 4 Leptoxis compacta.. Pleuroceridae........... Rocksnail, oblong.. U.S.A. (AL).
PE............ ........ Tryonia Cochliopidae............ Tryonia, U.S.A. (AZ).
quitobaquitae. Quitobaquito.
----------------------------------------------------------------------------------------------------------------
INSECTS
----------------------------------------------------------------------------------------------------------------
C............. 8 Danaus plexippus... Nymphalidae............. Butterfly, monarch* U.S.A. + 90
Countries.
PE............ 4 Argynnis idalia Nymphalidae............. Fritillary, eastern U.S.A. (PA).
idalia. regal.
PT............ 4 Argynnis idalia Nymphalidae............. Fritillary, western U.S.A. (AR, CO,
occidentalis. regal. IL, IN, IA, KS,
MN, MO, MT, NE,
ND, OK, SD, WI,
WY).
PE............ 2 Parides ascanius... Papilionidae............ Swallowtail, Brazil.
Fluminense*.
PE............ 2 Parides hahneli.... Papilionidae............ Swallowtail, Brazil.
Hahnel's
Amazonian*.
PE............ 3 Eurytides (= Papilionidae............ Swallowtail, Brazil.
Mimoides) Harris' mimic*.
lysithous
harrisianus.
C............. 2 Protographium (= Papilionidae............ Swallowtail, Jamaica.
Eurytides) Jamaican kite.
marcellinus.
C............. 8 Teinopalpus Papilionidae............ Swallowtail, Kaiser- Bhutan, China,
imperialis. i-Hind. India, Loas,
Myanmar, Nepal,
Thailand,
Vietnam.
----------------------------------------------------------------------------------------------------------------
CRUSTACEANS
----------------------------------------------------------------------------------------------------------------
PE............ ........ Procambarus pictus. Cambaridae.............. Crayfish, Black U.S.A. (FL).
Creek.
PT............ ........ Cambarus williami.. Cambaridae.............. Crayfish, Brawleys U.S.A. (TN).
Fork.
PT............ ........ Procambarus milleri Cambaridae.............. Crayfish, Miami U.S.A. (FL).
Cave.
----------------------------------------------------------------------------------------------------------------
FLOWERING PLANTS
----------------------------------------------------------------------------------------------------------------
PE............ 3 Paronychia congesta Caryophyllaceae......... Bushy whitlow-wort. U.S.A. (TX).
PE............ ........ Agalinis Orobanchaceae........... Navasota false U.S.A. (TX).
navasotensis. foxglove.
PT............ ........ Scutellaria Lamiaceae............... Ocmulgee skullcap*. U.S.A. (GA, SC).
ocmulgee.
PE............ ........ Castilleja ornata.. Orobanchaceae........... Swale paintbrush*.. U.S.A. (NM),
Mexico.
----------------------------------------------------------------------------------------------------------------
*Denotes species for which a proposed or final listing determination has published subsequent to the end of FY
2024 (after September 30, 2024)
Table 6--Animals and Plants: Formerly Candidates or Formerly Proposed for Listing
[Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.]
----------------------------------------------------------------------------------------------------------------
Status
---------------------- Scientific name Family Common name Historical range
Category Expl.
----------------------------------------------------------------------------------------------------------------
MAMMALS
----------------------------------------------------------------------------------------------------------------
E........... L...... Myotis Vespertilionidae................ Bat, northern U.S.A. (AL, AR,
septentrionalis. long-eared. CT, DE, DC, GA,
IL, IN, IA, KS,
KY, LA, ME, MD,
MA, MI, MN, MS,
MO, MT, NC, ND,
NE, NH, NJ, NY,
OH, OK, PA, RI,
SC, SD, TN, VT,
VA, WV, WI, WY),
Canada.
E........... L...... Rangifer tarandus Cervidae........................ Caribou, barren- Canada (Victoria
groenlandicus. ground [Dolphin Island,
and Union Coronation Gulf,
caribou DPS]. Dolphin and
Union Strait,
Dease Strait,
and Canadian
Mainland in
Nunavut and
Northwest
Territories).
T........... L...... Gulo gulo luscus. Mustelidae...................... Wolverine, North U.S.A. (CA, CO,
American ID, MN, MT, ND,
[Contiguous U.S. NV, OR, UT, WA,
DPS]. WY).
----------------------------------------------------------------------------------------------------------------
BIRDS
----------------------------------------------------------------------------------------------------------------
E........... L...... Pauxi koepckeae.. Cracidae........................ Curassow, Sira... Peru.
E........... L...... Pauxi unicornis.. Cracidae........................ Curassow, Bolivia.
southern
helmeted.
T........... L...... Aptenodytes Spheniscidae.................... Penguin, emperor. Antarctica.
forsteri.
E........... L...... Pterodroma Procellariidae.................. Petrel, black- U.S.A. (FL, GA,
hasitata. capped. LA, NC, PR, SC,
VI), Dominican
Republic, Haiti.
T........... L...... Tympanuchus Phasianidae..................... Prairie-chicken, U.S.A. (CO, KS,
pallidicinctus. lesser [Northern NM, OK, TX).
DPS].
E........... L...... Tympanuchus Phasianidae..................... Prairie-chicken, U.S.A. (CO, KS,
pallidicinctus. lesser [Southern NM, OK, TX).
DPS].
T........... L...... Lagopus leucura Phasianidae..................... Ptarmigan, Mount U.S.A. (WA),
rainierensis. Rainier white- Canada (BC).
tailed.
[[Page 48936]]
T........... L...... Glaucidium Strigidae....................... Pygmy-owl, cactus U.S.A. (AZ, TX),
brasilianum ferruginous. Mexico.
cactorum.
----------------------------------------------------------------------------------------------------------------
REPTILES
----------------------------------------------------------------------------------------------------------------
E...........
[…truncated; see source link]Indexed from Federal Register on October 31, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.