Federal Register, Volume 77 Issue 107 (Monday, June 4, 2012)

[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Proposed Rules]
[Pages 32922-32927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13425]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R8-ES-2012-0026; 92220-1113-0000-C5]

Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To Delist or Reclassify From Endangered to Threatened Six
California Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition findings and initiation of status
reviews.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to delist the Inyo California towhee
(Pipilo crissalis eremophilus), and to reclassify from endangered to
threatened the arroyo toad (Anaxyrus californicus), Indian Knob
mountainbalm (Eriodictyon altissimum), Lane Mountain milk-vetch
(Astragalus jaegerianus), Modoc sucker (Catostomus microps), and Santa
Cruz cypress (Cupressus abramsiana) under the Endangered Species Act of
1973, as amended (Act). Based on our review, we find that the petition
presents substantial scientific or commercial information indicating
that the petitioned actions may be warranted. Therefore, with the
publication of this notice, we are initiating status reviews of these
taxa to determine if the respective actions of delisting and
reclassifying are warranted. Section 4(c)(2)(A) of the Act also
requires a status review of listed species at least once every 5 years.
The status reviews we are initiating will also fulfill the requirements
of section 4(c)(2) of the Act. To ensure that these status reviews are
comprehensive, we are requesting scientific and commercial data and
other information regarding these species and subspecies. Based on
these status reviews, we will issue 12-month

[[Page 32923]]

findings for each of the species in the petition, which will address
whether the petitioned actions are warranted under section 4(b)(3)(B)
of the Act.

DATES: To allow us adequate time to conduct this review, we request
that we receive information on or before August 3, 2012. Please note
that if you are using the Federal eRulemaking Portal (see ADDRESSES
section below), the deadline for submitting an electronic comment is
11:59 p.m. Eastern Standard Time on this date.

ADDRESSES: You may submit information by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. In
Search field, enter the Docket number for this finding, which is FWS-
R8-ES-2012-0026. Then click the Search button. You should then see an
entry for this document that includes a button that reads, ``Comment
Now!'' Please ensure that you have found the correct rulemaking before
submitting your comment. If your comments will fit in the provided
comment box, please use this feature of http://www.regulations.gov, as
it is most compatible with our comment review procedures. If you attach
your comments as a separate document, our preferred file format is
Microsoft Word. If you attach multiple comments (such as form letters),
our preferred format is a spreadsheet in Microsoft Excel.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R8-ES-2012-0026; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS
2042-PDM; Arlington, VA 22203.
We will post all information we receive on http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Request for Information
section below for more details).
After August 3, 2012, you must submit information directly to the
Field Office (see FOR FURTHER INFORMATION CONTACT). Please note that we
might not be able to address or incorporate information that we receive
after the above requested date.

FOR FURTHER INFORMATION CONTACT: For information regarding the Modoc
sucker, contact Laurie Sada, Field Supervisor, by mail at U.S. Fish and
Wildlife Service, Klamath Falls Fish and Wildlife Office, 1936
California Avenue, Klamath Falls, OR 97601; by telephone at 541-885-
8481; or by facsimile at 541-885-7837.
For information regarding the Inyo California towhee, arroyo toad,
Indian Knob mountainbalm, Lane Mountain milk-vetch, or Santa Cruz
cypress, contact Diane Noda, Field Supervisor, by mail at U.S. Fish and
Wildlife Service, Ventura Fish and Wildlife Office, 2493 Portola Road
Suite B, Ventura, CA 93003; by telephone at 805-644-1766; or by
facsimile at 805-644-3958. If you use a telecommunications device for
the deaf (TDD), please call the Federal Information Relay Service
(FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Request for Information

When we make a finding that a petition presents substantial
information indicating that delisting or reclassifying a species may be
warranted, we are required to promptly review the status of the species
(status review). For the status reviews to be complete and based on the
best available scientific and commercial information, we request
information on the Inyo California towhee, arroyo toad, Indian Knob
mountainbalm, Lane Mountain milk-vetch, Modoc sucker, and Santa Cruz
cypress from governmental agencies, Native American tribes, the
scientific community, industry, and any other interested parties. We
seek information on:
(1) The species' biology, range, and population trends, including:
(a) Habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, their
habitats, or both.
(2) The factors that are the basis for making a listing, delisting,
or downlisting determination for a species under section 4(a) of the
Act, as amended (16 U.S.C. 1531 et seq.):
(a) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(b) Overutilization for commercial, recreational, scientific, or
educational purposes;
(c) Disease or predation;
(d) The inadequacy of existing regulatory mechanisms; and
(e) Other natural or manmade factors affecting its continued
existence.
Please include sufficient information with your submission (such as
references to scientific journal articles or other publications) to
allow us to verify any scientific or commercial information you
include.
Submissions merely stating support for or opposition to the action
under consideration without providing supporting information, although
noted, cannot be considered in making a determination. Section
4(b)(1)(A) of the Act directs that determinations as to whether any
species is an endangered or threatened species must be made ``solely on
the basis of the best scientific and commercial data available.''
You may submit your information concerning these status reviews by
one of the methods listed in the ADDRESSES section. If you submit
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the
Web site. If you submit a hardcopy that includes personal identifying
information, you may request at the top of your document that we
withhold this personal identifying information from public review.
However, we cannot guarantee that we will be able to do so. We will
post all hardcopy submissions at http://www.regulations.gov.
Information and supporting documentation that we received and used
in preparing this finding are available for you to review at http://www.regulations.gov, or you may make an appointment during normal
business hours at the U.S. Fish and Wildlife Service, Klamath Falls or
Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Background

Section 4(b)(3)(A) of the Act (16 U.S.C. 1533(b)(3)(A)) requires
that we make a finding on whether a petition to list, delist, or
reclassify a species presents substantial scientific or commercial
information indicating that the petitioned action may be warranted. We
are to base this finding on information provided in the petition,
supporting information submitted with the petition, and information
otherwise available in our files. To the maximum extent practicable, we
are to make this finding within 90 days of our receipt of the petition
and publish our notice of the finding promptly in the Federal Register.
Our standard for substantial scientific or commercial information
within the Code of Federal Regulations (CFR) with regard to a 90-day
petition finding is ``that amount of information that would lead a
reasonable person to believe that the measure proposed in the petition
may be warranted'' (50 CFR 424.14(b)). If we find that substantial
scientific or commercial information was presented, we are required to
promptly conduct a species status review, which we

[[Page 32924]]

subsequently summarize in our 12-month finding.
Section 4(c)(2)(A) of the Act requires that we conduct a review of
listed species at least once every 5 years. We are then, under section
4(c)(2)(B), to determine on the basis of such a review whether or not
any species should be removed from the List (delisted), or reclassified
from endangered to threatened, or threatened to endangered. Our
regulations at 50 CFR 424.21 require that we publish a notice in the
Federal Register announcing those species currently under active
review. This notice announces our active review of the Inyo California
towhee, arroyo toad, Indian Knob mountainbalm, Lane Mountain milk-
vetch, Modoc sucker, and Santa Cruz cypress.

Petition History

On December 21, 2011, we received a petition dated December 19,
2011, from The Pacific Legal Foundation, requesting the Service to
delist the Inyo California towhee, and to reclassify from endangered to
threatened the arroyo toad, Indian Knob mountainbalm, Lane Mountain
milk-vetch, Modoc sucker, and Santa Cruz cypress, based on the analysis
and recommendations contained in the most recent 5-year reviews for
these taxa. The petition clearly identified itself as such and included
the requisite identification information for the petitioner, as
required by 50 CFR 424.14(a).

Previous Federal Actions

Under the Act, we maintain the Lists of Endangered and Threatened
Wildlife and Plants at 50 CFR 17.11 (for animals) and 17.12 (for
plants) (Lists). We amend the Lists by publishing final rules in the
Federal Register. Section 4(c)(2)(A) of the Act requires that we
conduct a review of listed species at least once every 5 years. Section
4(c)(2)(B) requires that we determine: (1) Whether a species no longer
meets the definition of threatened or endangered and should be removed
from the Lists (delisted), (2) whether a species listed as endangered
more properly meets the definition of threatened and should be
reclassified to threatened (downlisted), or (3) whether a species
listed as threatened more properly meets the definition of endangered
and should be reclassified to endangered (uplisted). Using the best
scientific and commercial data available, we will consider a species
for delisting if the data substantiate that the species is neither
endangered nor threatened for one or more of the following reasons: (1)
The species is considered extinct; (2) the species is considered
recovered; or (3) the original data available when the species was
listed, or the interpretation of such data, were in error.
The Inyo California towhee was listed as threatened in 1987, and
critical habitat was designated concurrent with the listing (52 FR
28780, August 3, 1987). At the time of listing, this species was
classified as the subspecies Pipilo fuscus eremophilus. Following the
American Ornithologist Union (1989), we now recognize this subspecies
as the Inyo California towhee (P. crissalis eremophilus). A recovery
plan was published for the species in 1998 (Service 1998a). A notice
initiating a 5-year review was published for the Inyo California towhee
in 2006 (71 FR 14538, March 22, 2006). A 5-year review completed in
2008 recommended that the Inyo California towhee be delisted (74 FR
12878, March 25, 2009; Service 2008a, p. 20).
The arroyo toad was listed as endangered in 1994 (59 FR 64859,
December 16, 1994). At the time the species was listed, it was
classified as a subspecies (Bufo microscaphus californicus) of the
southwestern toad (B. microscaphus). However, the taxonomy of the
arroyo toad was re-examined (Gergus 1998), and as a result, in 2001,
the Service formally changed the name on the List of Endangered and
Threatened Wildlife to B. californicus (66 FR 9414, February 7, 2001).
Based on a phylogenetic analysis of comparative anatomical and
molecular genetic data for amphibians (Frost et al. 2006, p. 363), the
Service again formally changed the name on the List to Anaxyrus
californicus in 2011 (76 FR 7246, February 9, 2011). A recovery plan
was published in 1999 (Service 1999). Critical habitat was designated
in 2001 (66 FR 9414, February 7, 2001) and revised in 2005 (70 FR
19562, April 13, 2005). Critical habitat was revised a second time in
2011 (76 FR 7246, February 9, 2011). A notice initiating a 5-year
review was published in 2008 (73 FR 11945, March 5, 2008), and a 5-year
review completed in 2009 recommended that the arroyo toad be
reclassified to threatened (75 FR 28636, May 21, 2010; Service 2009a,
p. 31).
Indian Knob mountainbalm was listed as endangered in 1994 (59 FR
64613, December 15, 1994). Critical habitat has not been designated for
this species. A recovery plan was published in 1998 (Service 1998b). A
notice of review initiating a 5-year review was published in 2006 (71
FR 14538, March 22, 2006), and a 5-year review completed in 2009
recommended that Indian knob mountainbalm be reclassified to threatened
(75 FR 28636, May 21, 2010; Service 2009b, p. 15).
Lane Mountain milk-vetch was listed as endangered in 1998 (63 FR
53596, October 6, 1998). In 2005, we completed a critical habitat
rulemaking process that resulted in a decision to designate zero (0)
acres of critical habitat for this species (70 FR 18220, April 8,
2005). In 2011, we revised the critical habitat designation and
designated 14,069 acres (76 FR 29108, May 19, 2011). No recovery plan
has been completed for Lane Mountain milk-vetch. A notice initiating a
5-year review was published for the species in 2006 (71 FR 14538, March
22, 2006), and a 5-year review completed in 2008 recommended that Lane
Mountain milk-vetch be reclassified to threatened (74 FR 12878, March
25, 2009; Service 2008b, p. 20)).
Modoc sucker was listed as endangered in 1985, and critical habitat
was designated concurrent with the listing (50 FR 24526, June 11,
1985). At the time of listing, the Service, the California Department
of Fish and Game, and the U.S. Forest Service were developing an
``Action Plan for the Recovery of the Modoc sucker.'' The April 27,
1983, revision of this Plan was formally signed by all participants in
1984 (Service 1984). We determined that the Action Plan and its 1989
revisions adequately fulfilled the requirements of a recovery plan, and
in a 1992 memorandum from the Regional Director (Region 1) to the
Service's Director, we adopted it as the Recovery Plan for the Modoc
sucker (Service 1992). A notice initiating a 5-year review was
published for the Modoc sucker in 2006 (71 FR 14538, March 22, 2006),
and a 5-year review completed in 2009 recommended that the Modoc sucker
be reclassified to threatened (75 FR 28636, May 21, 2010; Service
2009c, p. 38).
Santa Cruz cypress was listed as endangered in 1987 (52 FR 675,
January 8, 1987), and critical habitat has not been designated. A
recovery plan was completed for the species in 1998 (Service 1998c). A
notice initiating a 5-year review was published for Santa Cruz cypress
in 2007 (72 FR 7064, February 14, 2007), and a 5-year review completed
in 2009 recommended that Santa Cruz cypress be reclassified to
threatened (75 FR 28636, May 21, 2010; Service 2009d, p. 18).

[[Page 32925]]

Table 1--Previous Federal Actions for the Six Taxa Addressed in This Petition Finding
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Critical habitat Most recent 5-year review and
Species name Date listed and status designated Recovery plan published recommendation
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Inyo California towhee (Pipilo August 3, 1987 (52 FR August 3, 1987 (52 FR April 10, 1998................... September 30, 2008.
crissalis eremophilus). 28780). 28780). Delist.
Threatened............
Arroyo toad (Anaxyrus californicus) December 16, 1994 (59 February 9, 2011 (76 July 24, 1999.................... August 17, 2009.
FR 64859). FR 7246). Downlist.
Endangered............
Eriodictyon altissimum (Indian Knob December 15, 1994 (59 None.................. September 26, 1998............... February 4, 2009.
mountainbalm). FR 64613). Downlist.
Endangered............
Astragalus jaegerianus (Lane October 6, 1998 (63 FR May 19, 2011 (76 FR None............................. July 10, 2008.
Mountain milk-vetch). 53596). 29108). Downlist.
Endangered............
Modoc sucker (Catostomus microps).. June 11, 1985 (50 FR June 11, 1985 (50 FR February 28, 1992................ August 3, 2009.
24526). 24526). Downlist.
Endangered............
Cupressus abramsiana (Santa Cruz January 8, 1987 (52 FR None.................. September 29, 1998............... August 17, 2009.
cypress). 675). Downlist.
Endangered............
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Species Information

The Inyo California towhee is a subspecies of the California towhee
(Pipilo crissalis) found in the southern Argus Mountains of the Mojave
Desert in Inyo County, California. This subspecies requires areas of
dense riparian vegetation to provide nesting substrate, protection from
predators, and shade from the desert sun. It also uses upland creosote
vegetation for nesting and foraging. For more information on the life
history, biology, and distribution of Inyo California towhee, see the
2008 5-year review of the species at http://www.regulations.gov or
http://www.fws.gov/endangered/.
The arroyo toad is a small, dark-spotted toad that occurs in the
headwaters of coastal drainages in southern California. Its breeding
habitat consists of slow-moving streams with shallow pools, nearby
sandbars, and adjacent stream terraces. The arroyo toad breeds and
deposits egg masses in shallow sandy pools that are usually bordered by
sand and gravel flood terraces. Outside of the breeding season, arroyo
toads are essentially terrestrial and are known to use a variety of
upland habitats. For more information on the life history, biology, and
distribution of the arroyo toad, see the 2009 5-year review of the
species at http://www.regulations.gov or http://www.fws.gov/endangered/.
Indian Knob mountainbalm is a perennial plant species endemic to
southwestern San Luis Obispo County, California. It is a diffusely
branched evergreen shrub that can reach heights of 6 to 13 feet (2 to 4
meters). New growth occurs primarily from rhizomatous suckers (shoots
extending from a root-like subterranean stem), but flowers can also
produce numerous tiny seeds. Indian Knob mountainbalm occurs within
coastal dune scrub and coastal chaparral plant communities where it
grows on tar sand or sandy loam soils. For more information on the life
history, biology, and distribution of Indian Knob mountainbalm, see the
2009 5-year review of the species at http://www.regulations.gov or
http://www.fws.gov/endangered/.
Lane Mountain milk-vetch is a perennial plant species found in the
west Mojave Desert in San Bernardino County, California. It typically
twines up through a host shrub that it uses for structural support.
Although the taproot is perennial, the aboveground portion of the plant
is herbaceous and resprouts from the taproot or old stems with the
first winter rains, dying back during the drier summer months. In years
with little rainfall, taproots may remain dormant and few plants will
be visible. In years with more rainfall, individuals may grow
vegetatively and produce seed. For more information on the life
history, biology, and distribution of Lane Mountain milk-vetch, see the
2008 5-year review of the species at http://www.regulations.gov or
http://www.fws.gov/endangered/.
The Modoc sucker is a relatively small member of the sucker family
(Catasomidae), usually reaching only 7 inches (17.8 cm) in total length
when mature. It is known from three stream drainages in the Pit River
Basin, including the Goose Lake subbasin in northeastern California
(Modoc and Lassen Counties) and south-central Oregon (Lake County).
Modoc suckers typically occupy small, moderate-gradient streams with
low summer flow. They are most abundant in pools, especially those
deeper than 1 foot (0.3 m), where they graze on algae and small benthic
invertebrates. For more information on the life history, biology, and
distribution of the Modoc sucker, see the 2009 5-year review of the
species at http://www.regulations.gov or http://www.fws.gov/endangered/.
Santa Cruz cypress is a small-statured tree in the cypress family
(Cupressaceae), with mature trees reaching 82 feet (25 meters) in
height. This species occurs as patches within a mosaic of coastal
chaparral and mixed evergreen forests located on dry ridges inland from
the coastal fog belt. At an average of 11 years of age, trees begin
producing cones that slowly release seeds throughout the life of the
tree. However, fire can accelerate seed release, and areas that have
been recently disturbed by fire or mechanical means can produce a high
number of saplings. This species is known from five populations in the
Santa Cruz Mountains in Santa Cruz and San Mateo Counties, California.
For more information on the life history, biology, and distribution of
Santa Cruz cypress, see the 2009 5-year review of the species at http://www.regulations.gov or http://www.fws.gov/endangered/.

Evaluation of Information for This Finding

Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations at 50 CFR part 424 set forth the procedures for adding a
species to, or removing a species from, the Federal Lists of Endangered
and Threatened Wildlife

[[Page 32926]]

and Plants. A species may be determined to be an endangered or
threatened species due to one or more of the five factors described in
section 4(a)(1) of the Act:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
We must consider these same five factors in delisting a species. We
may delist a species according to 50 CFR 424.11(d) if the best
available scientific and commercial data indicate that the species is
neither endangered nor threatened for the following reasons:
(1) The species is extinct;
(2) The species has recovered and is no longer endangered or
threatened; or
(3) The original scientific data used at the time the species was
classified were in error.
In making this 90-day finding, we evaluated whether information
regarding threats to Inyo California towhee, arroyo toad, Indian Knob
mountainbalm, Lane Mountain milk-vetch, Modoc sucker, and Santa Cruz
cypress, as presented in the petition and other information available
in our files, is substantial, thereby indicating that the petitioned
actions may be warranted. Our evaluation of this information is
presented below.

Information Provided in the Petition

The petitioner requested that the Service delist the Inyo
California towhee, and reclassify the arroyo toad, Indian Knob
mountainbalm, Lane Mountain milk-vetch, Modoc sucker, and Santa Cruz
cypress based on the analysis and recommendations contained in the most
recent 5-year reviews of these taxa. The petitioner cited the 5-year
reviews for each of these species as supporting information for the
petition.

Evaluation of Information Provided in the Petition and Available in
Service Files

On March 25, 2009, we published a notice of completion of 42 5-year
reviews (74 FR 12878), including the recommendation of status changes
for the Inyo California towhee and Lane Mountain milk-vetch. On May 21,
2010, we published a notice of completion of 96 5-year reviews (75 FR
28636), including the recommendation of status changes for the arroyo
toad, Indian Knob mountainbalm, Modoc sucker, and Santa Cruz cypress.
Status change recommendations for these species are shown in Table 1.
Each 5-year review contains general background and life-history
information, overview of recovery criteria, an analysis of threats
specific to each taxon based on the five listing factors in section 4
the Act, and recommendation of status change, if appropriate. The
petitioner cited the 5-year reviews for each of these species as
supporting information for the petition, but provided no other
information. We hereby cite and incorporate the data and
recommendations in the 5-year reviews for each of these species.
Accordingly, we have already evaluated information regarding threats as
presented in the petition (see the 5-year reviews of the species at
http://www.regulations.gov or http://www.fws.gov/endangered/.).
The primary rationale for the recommendation in the 2008 5-year
review to delist the Inyo California towhee was the substantial
increase in population numbers and expansion of the species' range
(Service 2008a, p. 19). Additionally, the primary threats identified at
the time of listing (habitat loss due to grazing, recreation, water
diversion, and mining) have been significantly reduced. Approximately
94 percent of the species' range is federally owned and measures are
being implemented to conserve the species (Service 2008a, p. 19). The
best available information indicated that the species no longer met the
definition of endangered or threatened.
The primary rationale for the recommendation in the 2009 5-year
review to downlist the arroyo toad was the achievement of the recovery
plan downlisting criterion of establishing 20 self-sustaining
populations of arroyo toads (Service 2009a, p. 19). Since listing the
arroyo toad in 1994, new locations in areas not previously known to be
occupied by arroyo toads have been discovered as a result of site-
specific surveys. In addition, a new population was discovered in
Monterey County, and the area known to be occupied by the original 22
populations has expanded as a result of the discovery of new arroyo
toad localities. Threats to the arroyo toad identified at the time it
was listed in 1994 are still present. However, many of these threats
have been reduced as a result of various conservation measures
undertaken for the species and management plans that include the
species (Service 2009a, p. 19). The best available information
indicated that the species was no longer in imminent danger of
extinction and best met the definition of threatened.
The primary reason for the recommendation in the 2009 5-year review
to downlist Indian Knob mountainbalm was the removal of the threat of
development throughout the species' range (Service 2009b, p. 11). The
best available information indicated that occurrences of Indian Knob
mountainbalm were self-sustaining and stable, were no longer in
imminent danger of extinction, and that the species best met the
definition of threatened.
The primary reason for the recommendation in the 2008 5-year review
to downlist Lane Mountain milk-vetch was the increased abundance and
range of the species (Service 2008b, p. 14) compared to that at the
time of listing. Additionally, information available at the time
indicated that, while 20 percent of the species' range was at risk of
extirpation from military exercises, most of the remaining habitat had
been placed under various conservation designations. Based on this new
understanding of abundance and range and the planned conservation
measures, the best available information indicated that Lane Mountain
milk-vetch was no longer in imminent danger of extinction and best met
the definition of threatened (Service 2008b, p. 14). Since the 5-year
review, new information has become available indicating that the number
of individuals has declined between 2001 and 2011. The information
provided with the petition, as well as new information contained in our
files, will be evaluated in the 12-month finding.
The primary rationale for the 2009 5-year review recommendation to
downlist the Modoc sucker was the substantial reduction in the threats
of habitat modification, range reduction, and hybridization (Service
2009c, p. 26). Habitat conditions on both public and private lands have
shown substantial improvement. The distribution of known populations
has remained stable or expanded over the past 20 years. A greater
understanding of genetic relationships and natural gene flow between
the Modoc and Sacramento sucker has reduced concerns about
hybridization between the species. The principal remaining threat is
predation by nonnative fishes, in particularly brown trout (Salmo
trutta) and largemouth bass (Micropterus salmoides). Based on the
increased range and reduction of threats, the best available
information indicated that the Modoc sucker was no longer in imminent
danger of extinction and best met the definition of threatened (Service
2009c, p. 26).

[[Page 32927]]

The primary reasons for the 2009 5-year review recommendation to
downlist Santa Cruz cypress were the reduction in threats and survey
information indicating there are a substantially greater number of
individuals than were known at the time of listing (Service 2009d, p.
12). The threats of residential development, agricultural conversion,
and logging have decreased since the time of listing, primarily as a
result of land acquisition for conservation purposes. The species still
faces threats to its long-term persistence due to a low level of
regeneration. Based on the reduced threats and increased abundance, the
best available information indicated that Santa Cruz cypress was no
longer in imminent danger of extinction and best met the definition of
threatened (Service 2009d, p. 12).
Any additional information we receive in response to this finding
will be incorporated into our status review.

Finding

On the basis of our determination under section 4(b)(3)(A) of the
Act, we have determined that the petition and information in our files
present substantial scientific or commercial information indicating
that delisting the Inyo California towhee and reclassifying from
endangered to threatened the arroyo toad, Indian Knob mountainbalm,
Lane Mountain milk-vetch, Modoc sucker, and Santa Cruz cypress may be
warranted. This finding is based on information provided in our
analyses of the threats to each taxon contained in the most recent 5-
year reviews for each of these taxa.
Because we have found that the petition presents substantial
information indicating that delisting the Inyo California towhee, and
reclassifying the arroyo toad, Indian Knob mountainbalm, Lane Mountain
milk-vetch, Modoc sucker, and Santa Cruz cypress may be warranted, we
are initiating status reviews for the taxa to determine whether the
petitioned actions of delisting or reclassifying are warranted.
The ``substantial information'' standard for a 90-day finding
differs from the Act's ``best scientific and commercial data'' standard
that applies to a status review to determine whether a petitioned
action is warranted. A 90-day finding does not constitute a status
review under the Act. We will complete a thorough status review of each
species following a substantial 90-day finding. In the resulting 12-
month finding, we will determine whether a petitioned action is
warranted. Because the Act's standards for 90-day and 12-month findings
are different, as described above, a substantial 90-day finding does
not mean that the 12-month finding will result in a warranted finding.

5-Year Reviews

Section 4(c)(2)(A) of the Act requires that we conduct a review of
listed species at least once every 5 years. We are then, under section
4(c)(2)(B), to determine on the basis of such a review whether or not
any species should be removed from the List (delisted), or reclassified
from endangered to threatened, or threatened to endangered. Our
regulations at 50 CFR 424.21 require that we publish a notice in the
Federal Register announcing those species currently under active
review. This notice announces our active review of the Inyo California
towhee, arroyo toad, Indian Knob mountainbalm, Lane Mountain milk-
vetch, Modoc sucker, and Santa Cruz cypress.

References Cited

A complete list of references cited is available on the Internet at
http://www.regulations.gov and upon request from the Klamath Falls or
Ventura Fish and Wildlife Offices (see FOR FURTHER INFORMATION
CONTACT).

Authors

The primary authors of this notice are the staff members of the
U.S. Fish and Wildlife Service Pacific Southwest Regional Office in
Sacramento, California.

Authority: The authority for this action is the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

Dated: May 17, 2012.
Gregory E. Siekaniec,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2012-13425 Filed 6-1-12; 8:45 am]
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