Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Proposed Rules 5401

Dated: January 18, 2005.

James Jones,

Director, Office of Pesticide Programs.

[FR Doc. 05–1990 Filed 2–1–05; 8:45 am]

BILLING CODE 6560–50–S

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 17 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To List the Gentry Indigo Bush 

as Endangered

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Notice of 90-day petition 

finding and initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (FWS), announce a 90-

day administrative finding on a petition 

to list the Gentry indigo bush (Dalea 

tentaculoides) under the Endangered 

Species Act of 1973, as amended (Act). 

We find that the petition presents 

substantial information indicating that 

listing the Gentry indigo bush may be 

warranted. Therefore, we are initiating a 

status review to determine if listing the 

species is warranted. To ensure that the 

review is comprehensive, we are 

soliciting information and data 

regarding this species.

DATES: The administrative finding 

announced in this document was made 

on January 25, 2005. To be considered 

in the 12-month finding for this 

petition, comments and information 

should be submitted to us by April 4, 

2005.

ADDRESSES: Data, information, 

comments, or questions concerning this 

petition and our finding should be 

submitted to the Field Supervisor, 

Arizona Ecological Services Office, 2321 

West Royal Palm Road, Suite 103, 

Phoenix, Arizona 85021–4951. The 

petition, administrative finding, 

supporting data, and comments will be 

available for public inspection, by 

appointment, during normal business 

hours at the above address.

FOR FURTHER INFORMATION CONTACT:

Mima Falk, Plant Ecologist, at the 

Tucson Sub-Office, 201 North Bonita 

Ave, Suite 141, Tucson, Arizona, 85745, 

or at 520–670–6150 x 225.

SUPPLEMENTARY INFORMATION: 

Background 

Section 4(b)(3)(A) of the Endangered 

Species Act of 1973, as amended (16 

U.S.C. 1531 et seq.) (Act), 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 all 

information available to us at the time 

we make the finding. 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 

this finding promptly in the Federal 

Register. 

Our standard for substantial 

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 information was 

presented, we are required to promptly 

commence a review of the status of the 

species, if one has not already been 

initiated, under our internal candidate 

assessment process. 

In making this finding, we relied on 

information provided by the petitioners 

and evaluated that information in 

accordance with 50 CFR 424.14(b). This 

finding summarizes information 

included in the petition and information 

available to us at the time of the petition 

review. Our process of coming to a 90-

day finding under section 4(b)(3)(A) of 

the Act and section 424.14(b) of our 

regulations is limited to a determination 

of whether the information in the 

petition meets the ‘‘substantial 

information’’ threshold.

We do not conduct additional 

research at this point, nor do we subject 

the petition to rigorous critical review. 

Rather, as the Act and regulations 

contemplate, in coming to a 90-day 

finding, we accept the petitioner’s 

sources and characterizations of the 

information unless we have specific 

information to the contrary. 

Our finding considers whether the 

petition states a reasonable case for 

listing on its face. Thus, our finding 

expresses no view as to the ultimate 

issue of whether the species should be 

listed. We reach a conclusion on that 

issue only after a more thorough review 

of the species’ status. In that review, 

which will take approximately 9 more 

months, we will perform a rigorous, 

critical analysis of the best available 

scientific and commercial information, 

not just the information in the petition. 

We will ensure that the data used to 

make our determination as to the status 

of the species is consistent with the Act 

and Information Quality Act. 

On January 7, 2002, we received a 

petition dated January 2, 2002, 

requesting that we list the Gentry indigo 

bush (Dalea tentaculoides) as an 

endangered species, and that critical 

habitat be designated concurrently with 

the listing. The petition, submitted by 

the Center for Biological Diversity 

(Center), was clearly identified as a 

petition for a listing rule, and contained 

the names, signatures, and addresses of 

the requesting parties. Included in the 

petition was supporting information 

regarding the species’ taxonomy and 

ecology, historical and current 

distribution, present status, and 

potential causes of decline. We 

acknowledged the receipt of the petition 

in a letter to Mr. Noah Greenwald, dated 

April 25, 2002. In that letter, we also 

advised the petitioners that due to 

funding constraints in fiscal year (FY) 

2002, we would not be able to begin 

processing the petition in a timely 

manner. 

On January 21, 2003, the Center sent 

a Notice of Intent to sue for violating the 

Act by failing to make a timely 90-day 

finding on the petition to list the Gentry 

indigo bush. On September 17, 2003, 

the Center filed a complaint against the 

Secretary of the Interior and FWS for 

failure to make a 90-day petition finding 

under section 4 of the Act for the Gentry 

indigo bush. In a Stipulated Settlement 

Agreement, signed June 14, 2004, we 

agreed to submit a 90-day finding to the 

Federal Register by January 31, 2005 

[Center for Biological Diversity v. 

Norton, CV 03–473–TUC–FRZ (D. Az)]. 

This notice constitutes our 90-day 

finding for the petition to list the Gentry 

indigo bush. 

Biology and Distribution 

Gentry indigo bush is an erect 

perennial shrub that grows from a 

woody root crown and can be up to 1 

meter (m) (3.2 feet (ft)) tall. It is a 

member of the Leguminosae (Pea) 

Family. The leaves are compound, 3–6 

centimeters (cm) (1.2–2.4 inches (in)) 

long with 9–17 pairs of leaflets. The 

leaflets are hairless, notched at the tip, 

and dotted with punctuate (translucent 

pitted glands or colored dots) glands on 

the lower surface. The flowers are 

sessile (lacking a stalk), 6 millimeters 

(mm) (0.24 in) in length, and are 

presented in oblong clusters. The flower 

petals are rose-purple. Plants flower in 

the spring, from late March to mid-May. 

They may produce a second set of 

flowers in late summer and fall in 

response to monsoon precipitation. 

Howard S. Gentry originally described 

the species in 1950. It is a distinctive 

member of the genus Dalea with no 

closely related species (Gentry 1950, 

Barneby 1977). The main distinguishing 

character that serves to separate this 

5402 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Proposed Rules 

species from other sympatric species is 

the presence of elongate, brown 

tentacle-like glands on the calyx (the 

outer whorl of flowering parts) lobes, 

floral bracts (the reduced or modified 

leaf subtending a flower), and branches. 

Gentry indigo bush has been known 

historically from only three areas in 

southern Arizona: the west and north 

sides of the Baboquivari Mountains 

(Tohono O’odham Nation), the Coyote 

Mountains (Mendoza Canyon), and 

Sycamore Canyon (Coronado National 

Forest) in the Atascosa Mountains. 

Today, the only known extant 

population in the United States is in 

Sycamore Canyon. The plant was 

located in Mexico (NE of Huasabas in 

the State of Sonora) in 1995, and in 

2004, the species was reported from 

Sierra El Humo, SSW of Sasabe, 

Arizona, in northwestern Sonora, 

Mexico (L. Hahn, pers. comm., 2004). 

(The 2004 location information was not 

included in the petition.) There was no 

population information provided on the 

Mexican locations.

It is likely that the species still 

persists in the Baboquivari Mountains, 

but there have been no recent surveys to 

verify the presence of the species. These 

sites are within the Tohono O’odham 

Nation, and surveys could only be 

conducted by Tribal members or with 

permission from the Tribe. A status 

report for Gentry indigo bush was 

completed in 1992 (Gori et al.), and all 

of the known historical locations 

(except on the Tohono O’odham Nation) 

were surveyed. Areas of suitable habitat 

were also surveyed. No plants were 

found in the Coyote Mountains, and the 

authors surmised in the status report 

that the population was extirpated, 

possibly due to past grazing practices. In 

the status report the authors stated, 

‘‘Mendoza Canyon was heavily grazed 

by cattle and dominated by Acacia 

greggii (catclaw acacia) to an extent we 

have rarely encountered in Southern 

Arizona. Such heavy cover of invasive 

shrubs is indicative of a long history of 

overgrazing.’’ No plants were located in 

any of the other areas surveyed, 

including canyons in the following 

mountain ranges in Sonora, Mexico: 

Sierra Cibuta, La Colorada, Sierra el 

Tigre, Sierra los Ajos, Sierra Azul, 

Arroyo Las Fresnos, Sierra San Diego, 

La Angostura, and Sierra San Luis (Gori 

et al. 1992). 

Gentry indigo bush grows in scattered 

patches at elevations of 1,097 to 1,219 

m (3,600 to 4,000 ft) in Sycamore 

Canyon and several side channels. 

Plants are usually found on floodplain 

terraces in sandy or gravel soils, or, less 

commonly, on talus slopes close to the 

floodplain. The usual tree canopy for 

Gentry indigo bush consists of Arizona 

sycamore (Platanus wrightii), Arizona 

ash (Fraxinus velutina), Arizona walnut 

(Juglans major), and several oak species. 

Plants can be found growing under 

these trees or out in the open. Gentry 

indigo bush grows in the semi-active 

floodplain, meaning they are exposed to 

periodic flooding and scouring events. 

Observations made by Gori et al. (1992) 

and Falk (1993) support the idea that 

plants are adapted to periodic, lowintensity floods. Plants that had been 

covered with sediment were found to be 

growing up through the deposited 

material. The plants reproduce 

vegetatively (asexually) and roots almost 

always connect young plants to nearby 

larger clumps. To date, there has been 

no documented sexual reproduction in 

the field. In fact, plants rarely, if ever, 

have been observed to produce seed 

(Falk 1993, Gori et al 1992). Staff from 

the Desert Botanical Garden collected 

approximately 50 seeds from plants they 

assumed to be Gentry indigo bush in 

1998, but no germination tests have 

been conducted (K. Rice, pers. comm. 

2004). 

This species has adaptations to 

withstand periodic, low-intensity 

flooding, but the population in 

Sycamore Canyon has experienced 

population fluctuations, some of those 

associated with flood events. Following 

severe winter flooding in 1993, a large 

portion of a monitoring plot that had 

been established on a floodplain terrace 

washed away and the population 

declined to 15–30 plants (Falk 1993). 

Gori et al. (1992) estimated that there 

were 1,400 ‘‘individuals’’ in Sycamore 

Canyon before the heavy rains of 1993. 

Previous Federal Actions 

Gentry indigo bush was determined to 

be a candidate species as published in 

the 1980 Plant Notice of Review (45 FR 

82480). A species with candidate status 

is one for which we have collected and 

assessed information sufficient to 

propose listing the species. The removal 

of candidate status for Gentry indigo 

bush was published on April 2, 1998 (63 

FR 16217). The reasons supporting 

removal from the candidate list were (1) 

the taxon was more abundant or 

widespread than previously believed or 

not subject to any identifiable threats; 

and (2) the FWS had insufficient 

information on biological vulnerability 

and threats to support issuance of a 

proposed rule to list. However, as 

described below, subsequent 

information from the U.S. Forest Service 

describes a significant decline in the 

only known U.S. population. 

Status Concerns 

Gentry indigo bush has always been 

considered rare. Gori et al. (1992) refer 

to the species as ‘‘extremely rare.’’ The 

loss of the population documented from 

Mendoza Canyon in the Coyote 

Mountains increased concerns regarding 

this rare taxon. Gentry indigo bush was 

once collected on the west slope of the 

Baboquivari Mountains. Toolin (1982) 

was unable to locate the species in 1981 

and observed that the habitat had been 

‘‘exceedingly modified’’ by overgrazing. 

This observation lends some uncertainty 

to the status of the populations on the 

Tohono O’odham Nation as the grazing 

regime is unknown in this area. Given 

these circumstances, attention on this 

species in the United States has been 

focused on the remaining population in 

Sycamore Canyon. As stated earlier, 

numbers of that population fluctuated 

dramatically between 1992 and 1993; 

numbers dropped from 1,400 to between 

15–30 plants. Additional survey work in 

Mexico has documented at least two 

locations of Gentry indigo bush from 

Mexico, but we have no information on 

the size of those populations. Also, we 

have no information related to the 

threats to these populations and are 

unaware of any protection for these 

sites.

A status report (Toolin 1982) 

documented only 100 plants from 

Sycamore Canyon. The Sycamore 

Canyon population was assessed in 

1997 (Bertelsen), and 499 individuals 

were located. A survey by Brooks (1999) 

found 194 plants in Sycamore and 

Penasco Canyons (a tributary to 

Sycamore). Since that time, there has 

been no systematic survey of Sycamore 

Canyon to determine the status of this 

population. A Forest Service biologist 

reported seeing some patches of Gentry 

indigo bush while surveying for Sonora 

chub in the canyon (2000, 2001). 

An internal memorandum to our files 

(Roller 1998) concluded ‘‘the species 

capacity to recover does not negate the 

threat of extirpation to this extremely 

localized endemic, as it relates to 

extreme flood events within the 

watershed.’’ We also expressed concern 

with the observed lack of seed 

production as this leaves the species 

without an effective seed bank that 

would be needed in order to recover 

from a catastrophic flood event. 

Conservation Status 

Under section 4(a) of the Act, we may 

list a species on the basis of any of five 

factors, as follows: ‘‘(A) the present or 

threatened destruction, modification, or 

curtailment of its habitat or range; (B) 

overutilization for commercial, 

Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Proposed Rules 5403

recreational, scientific, or educational 

purposes; (C) disease or predation; (D) 

the inadequacy of existing regulatory 

mechanisms; (E) other natural or 

manmade factors affecting its continued 

existence.’’ The petitioners contend that 

four of the five factors (A, C, D, and E) 

are applicable to the Gentry indigo bush 

(see below). A brief discussion of how 

each of the five listing factors applies to 

the Gentry indigo bush follows: 

Factor A: The present or threatened 

destruction, modification, or 

curtailment of its habitat or range. 

With respect to Factor A, the 

petitioners cite the loss of plants and 

alteration of habitat associated with 

livestock grazing as threats to the Gentry 

indigo bush. The petitioners note that 

Gentry indigo plants are palatable to 

livestock, subject to trampling, and that 

livestock grazing may alter the stream 

dynamics associated with Gentry indigo 

bush habitat. The alteration of stream 

habitat includes soil compaction, 

streambank erosion, and removal of 

riparian vegetation. Although the Gentry 

indigo bush may benefit from some 

disturbance due to its ability to 

reproduce asexually, increased surface 

runoff, higher intensity floods, stream 

downcutting, and increased scouring 

and deposition could contribute to the 

elimination of populations. 

Information currently available 

indicates that the loss of plants and 

habitat to these causes may be a 

significant threat to the status of this 

species. Toolin (1982) states, ‘‘Habitat of 

this species in canyons on the west 

slope of the Baboquivari Mountains 

where this species formerly occurred 

has been exceedingly modified by overgrazing by livestock, and that 

population has apparently been 

extirpated.’’ Gori et al. (1992) 

concluded, ‘‘Our surveys of Sycamore 

and Mendoza Canyons lead us to 

believe that grazing constitutes a threat 

to D. tentaculoides. We observed direct 

evidence of livestock browsing on, and 

even uprooting, the species in lower 

Sycamore Canyon where trespass cows 

from Mexico enter the canyon up to an 

impassable narrows.’’

Sycamore Canyon is within the 

boundaries of the Coronado National 

Forest, Nogales Ranger District. It is also 

within a designated Research Natural 

Area (Goodding RNA). Livestock grazing 

is not permitted within the boundaries 

of the RNA, but trespass cattle use has 

been a sporadic problem (U.S. 

Department of Agriculture 1998). Cattle 

have been observed in the upper reaches 

of the canyon (Falk pers. observation, 

Brooks 1999), and Brooks noted heavy 

cattle use below ‘‘the narrows,’’ most 

likely attributable to trespass livestock 

from Mexico. In 1997, the Forest Service 

proposed a set of actions in Sycamore 

Canyon to protect the federally 

threatened Sonora chub (Gila ditaenia). 

One of those actions included building 

a fence at the northern portion of the 

canyon to restrict livestock access to the 

riparian areas. If this fence is 

maintained, it could help alleviate 

problems with cattle in the upper 

reaches of Sycamore Canyon. However, 

trespass cattle from Mexico are another 

problem. Sycamore Canyon extends 

south into Mexico. Historically, the 

border fence has been in a state of 

continual disrepair. In the fall of 1998, 

2.4 kilometers (km) (1.5 miles (mi)) of 

fence along the border was repaired. We 

do not know the current condition of 

this fence. Recent increases in 

undocumented U.S. and Mexico border 

crossing activity contribute to the fence 

being continually cut.

Watershed degradation maybe a 

concern in this canyon. The Bear Valley 

allotment surrounds Sycamore Canyon. 

It is 9,197.5 hectares (ha) (22,710 acres 

(ac)) in size. Site-specific soil surveys 

(2002) indicated that 75 percent of the 

allotment is in satisfactory condition, 16 

percent impaired, 8 percent 

unsatisfactory and 1 percent is 

unsuitable condition. A Forest Service 

hydrologist (Lefevre 2000) concluded, 

‘‘Mankind’s influence on Sycamore 

Canyon is mostly related to downcutting 

of the channel system, sediment 

movement, and sediment yield to the 

stream. Human settlement and cattle 

grazing, and the roads associated with 

these activities, has resulted in erosion 

rates above that which would be 

expected under unroaded, unmined and 

ungrazed conditions. The effects of this 

additional sediment may be seen in the 

reaches of the channel where deposits of 

gravel have filled pools. Downcut 

channel reaches may also be attributed 

to mankind’s effects on the uplands 

because peak flows were artificially 

increased during the past century.’’

The movement of water and sediment 

in Sycamore Canyon may have affected 

the plants. After the 1993 El Nin ̃ o 

winter rains, most of the monitoring 

plot had been washed away and the 

plant population had experienced a 

dramatic decline, with more than 90 

percent of the known individuals 

washed away or covered with sediment. 

Recovery has been slow; at last count 

there were only 194 plants in Sycamore 

Canyon (Brooks 1999). That is only 14 

percent of the 1,400 plants documented 

in 1992. The watershed conditions in 

the Sycamore Canyon drainage may 

have contributed to the current status of 

Gentry indigo bush. 

Factor B: Overutilization for 

commercial, recreational, scientific, or 

educational purposes. 

With respect to Factor B, the 

petitioners did not provide information. 

We also have no information on the 

overutilization of this plant species for 

commercial, recreational, educational, 

or scientific purposes. 

Factor C: Disease or predation. 

With respect to Factor C, the 

petitioners again referred to the plant’s 

palatability, both to livestock and 

rabbits. They provided one observation 

of a plant being almost totally eaten by 

a rabbit (Brooks 1999). We acknowledge 

that rabbits may eat plants, but do not 

think this constitutes a major threat to 

the species because of the size of mature 

plants. We have already discussed the 

effects of livestock grazing on Gentry 

indigo bush under Factor A. 

Factor D: The inadequacy of existing 

regulatory mechanisms.

With respect to Factor D, the 

petitioners cite the inadequacies of the 

protections put forth by the Forest 

Service for the Goodding RNA and 

Sycamore Canyon. The Forest Service 

has stated that Gentry indigo bush is 

afforded a high level of protection 

because it shares its habitat with critical 

habitat of the federally listed Sonora 

chub. The Forest Service has done much 

work to improve the habitat of Sonora 

chub, including removal of a road at the 

mouth of Sycamore Canyon, protection 

of riparian areas at the northern end of 

Sycamore Canyon, and the expansion of 

the Goodding RNA. These actions have 

contributed to improvement of Sonora 

chub habitat and perhaps to Gentry 

indigo bush habitat. 

There are several other possible 

management concerns in the canyon. 

The cutting of the border fence with 

Mexico continues to be an issue. Until 

this is resolved, cattle from Mexico will 

continue to enter Sycamore Canyon and 

graze on Gentry indigo bush. 

Undocumented migrants crossing the 

border into the United States also use 

this area. Human traffic associated with 

this activity in the canyon bottom may 

directly trample plants and is likely 

contributing to Gentry indigo bush 

habitat degradation. 

The amount of sediment and surface 

runoff within the Sycamore Canyon 

watershed may continue to affect Gentry 

indigo bush. The plants have 

adaptations for persisting with flood 

events, but it is unknown when the 

threshold will be crossed, in terms of 

the magnitude of flows, that will likely 

remove the population from the canyon. 

Recovery may be hampered by the 

seemingly low reproductive potential of 

this plant. The Forest Service maintains 

5404 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Proposed Rules 

a road density of 0.58 km/km2 (0.93 

mile/mi2) within the watershed and 

considers these roads to be ‘‘a primary 

source of erosion and sediment’’

(Lefevre 2000). The Forest Service has 

no plans to address the effects of roads 

in Sycamore Canyon watershed; thus 

there will continue to be sediment 

deposition and scouring in and along 

the stream channel. 

Sycamore Canyon is a very popular 

place for recreation. The petitioners cite 

trampling and compaction of soils from 

foot traffic as negatively affecting the 

Gentry indigo bush in Sycamore 

Canyon. Gentry indigo bush plants grow 

on the floodplain terraces where hikers 

often create trails to avoid walking in 

the stream (Falk, pers. observation). Due 

to its narrow width, there are limited 

terraces in the canyon intensifying the 

use of Gentry indigo bush habitat as 

places to create trails. These activities 

degrade habitat and may reduce the 

areas occupied by Gentry indigo bush. 

We know of no plan to address the 

effects of recreation in this area. 

The Forest Service has not 

systematically monitored the species on 

its land. While lack of monitoring is not 

a direct threat to the species, it does 

prevent us from adequately assessing 

the current status of the population. 

New information would greatly enhance 

our status review. 

Two locations have been noted in 

Mexico. We have no information on 

population status or threats at these 

sites. We are not aware of any protection 

for these areas. As such, until further 

information is provided, we do not 

know how the Mexican populations will 

contribute to the status of this species. 

Factor E: Other natural or manmade 

factors affecting its continued existence. 

With respect to Factor E, the 

petitioners cite the rarity of the species 

and the possible extinction risk 

associated with stochastic events such 

as drought, flood, and wildfire. This 

species would most likely be negatively 

affected by environmental stochasticity 

(variations over time in the population’s 

operational environment) and natural 

catastrophes (Menges 1991). We agree, 

based both on information presented by 

the petitioner and other information in 

our files. The most likely scenario is 

that of catastrophic flooding. Increased 

rainfall combined with an altered 

hydrograph in Sycamore Canyon may 

result in the species being washed out. 

Long-term drought (as the one we are 

currently in) may affect the species’

ability to recover. The combination of 

small population size, reduced 

reproductive potential, and isolation 

makes this species vulnerable to 

extinction. 

Finding 

On the basis of our review, we find 

that the petition presents substantial 

information indicating that listing the 

Gentry indigo bush may be warranted. 

The main potential threat to the species 

appears to be loss of plants and habitat 

associated with heavy livestock use, an 

altered hydrograph in Sycamore 

Canyon, sediment loads in the 

Sycamore Canyon watershed, and the 

effects of recreation and other human 

uses of the drainage. There is also a 

possible increased risk of extinction 

associated with small, isolated 

populations from stochastic events.

We have reviewed the available 

information to determine if the existing 

and foreseeable threats pose an 

emergency. We have determined that an 

emergency listing is not warranted at 

this time, because the population has 

recovered in some degree, the 

population is within a RNA with some 

protections, and the potential exists for 

additional populations in Mexico. 

However, if at any time we determine 

that emergency listing of the Gentry 

indigo bush is warranted, we will seek 

to initiate an emergency listing. 

The petitioners also requested that 

critical habitat be designated for this 

species. We always consider the need 

for critical habitat designation when 

listing species. If we determine in our 

12-month finding that listing the Gentry 

indigo bush is warranted, we will 

address the designation of critical 

habitat in the subsequent proposed rule. 

Public Information Solicited 

When we make a finding that 

substantial information is presented to 

indicate that listing a species may be 

warranted, we are required to promptly 

commence a review of the status of the 

species. To ensure that the status review 

is complete and based on the best 

available scientific and commercial 

information, we are soliciting 

information on the Gentry indigo bush. 

We request any additional information, 

comments, and suggestions from the 

public, other concerned governmental 

agencies, Native American Tribes, the 

scientific community, industry, or any 

other interested parties concerning the 

status of the Gentry indigo bush. We are 

seeking information regarding the 

species’ historical and current status 

and distribution, its biology and 

ecology, ongoing conservation measures 

for the species and its habitat, and 

threats to the species and its habitat, 

especially where it occurs in Mexico. 

If you wish to comment or provide 

information, you may submit your 

comments and materials concerning this 

finding to the Field Supervisor (see

ADDRESSES section). 

Our practice is to make comments and 

materials provided, including names 

and home addresses of respondents, 

available for public review during 

regular business hours. Respondents 

may request that we withhold a 

respondent’s identity, to the extent 

allowable by law. If you wish us to 

withhold your name or address, you 

must state this request prominently at 

the beginning of your submission. 

However, we will not consider 

anonymous comments. To the extent 

consistent with applicable law, we will 

make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Comments and materials received will 

be available for public inspection, by 

appointment, during normal business 

hours at the above address. 

References Cited 

A complete list of all references cited 

herein is available upon request from 

the Field Supervisor (see ADDRESSES

section). 

Author 

The primary author of this document 

is Mima Falk, Tucson Sub-Office (see

ADDRESSES section). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.).

Dated: January 25, 2005. 

Marshall Jones, 

Acting Director, Fish and Wildlife Service.

[FR Doc. 05–1905 Filed 2–1–05; 8:45 am] 

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AU12 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding on a 

Petition To Delist the Preble’s Meadow 

Jumping Mouse (Zapus hudsonius 

preblei) and Proposed Delisting of the 

Preble’s Meadow Jumping Mouse

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Notice of 12-month petition 

finding and proposed rule.