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Environmental Law

: ESA Blawg

FWS lists three foreign petral species as endangered, and turns one endangered cactus into three, but listing of Goose Creek milkvetch precluded by higher priorities

By Keith Rizzardi

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74 Fed. Reg. 46914 / Vol. 74, No. 176 / Monday, September 14, 2009
DEPARTMENT OF THE INTERIOR Fish and Wildlife Service; 50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Listing the Chatham Petrel, Fiji Petrel, and Magenta Petrel as Endangered Throughout Their Ranges
ACTION: Final rule.

Magenta petrels are considered pelagic, occurring on the open sea generally out of sight of land, where they feed year round. They return to nesting sites on islands during the breeding season where they nest in colonies (Pettingill 1970, p. 206). The limited feeding habits data show that the magenta petrel preys on squid (Heather and Robertson 1997, p. 218; BirdLife International 2008c). The magenta petrel breeds exclusively on Chatham Island, New Zealand, within relatively undisturbed inland forests. Photo from BirdLife International.

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine endangered status for three petrel species (order Procellariiformes)— Chatham petrel (Pterodroma axillaris) previously referred to as (Pterodroma hypoleuca axillaris); Fiji petrel (Pseudobulweria macgillivrayi) previously referred to as (Pterodroma macgillivrayi); and the magenta petrel (Pterodroma magentae)—under the Endangered Species Act of 1973, as amended (Act). This rule implements the Federal protections provided by the Act for these three species.

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74 Fed. Reg. 47113 / Vol. 74, No. 177 / Tuesday, September 15, 2009
DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Taxonomic Change of Sclerocactus Glaucus to Three Separate Species
ACTION: Final rule.

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the revised taxonomy of Sclerocactus glaucus (Uinta Basin hookless cactus) under the Endangered Species Act of 1973, as amended (Act). We determine that S. glaucus (previously considered a complex), which is currently listed as a threatened species, is actually three distinct species: S. brevispinus, S. glaucus, and S. wetlandicus. We are revising the List of Endangered and Threatened Plants to reflect the scientifically accepted taxonomy and nomenclature of these species. In addition, we revise the common names for these species as follows: S. brevispinus (Pariette cactus), S. glaucus (Colorado hookless cactus), and S. wetlandicus (Uinta Basin hookless cactus). These three species will continue to be listed as threatened with no regulatory changes. Photo from the Center for Native Ecosystems.

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74 Fed. Reg. 46521 / Vol. 74, No. 174 / Thursday, September 10, 2009
DEPARTMENT OF THE INTERIOR Fish and Wildlife Service; 50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to List Astragalus anserinus (Goose Creek milkvetch) as Threatened or Endangered
ACTION: Notice of a 12–month petition finding.

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce our 12–month finding on a petition to list Astragalus anserinus (Goose Creek milkvetch) as a threatened or endangered species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of all available scientific and commercial information, we find that listing A. anserinus under the Act is warranted. However, listing is currently precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. We have assigned a listing priority number (LPN) of 5 to this species, because the threats affecting it have a high magnitude, but are non-imminent. Upon publication of this 12–month petition finding, A. anserinus will be added to our candidate species list. We will develop a proposed rule to list A. anserinus as our priorities allow. Any determinations on critical habitat will be made during development of the proposed rule.

Full post as published by ESA Blawg on September 15, 2009 (boomark / email).