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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Proposed Rules
population within the White Mountains.
The one remaining population has low resiliency, meaning that the population has a low probability of remaining extant and withstanding periodic or stochastic disturbances under its current condition. Representation is low, with the loss of one of two populations within its historical range. Species-level genetic and ecological diversity is likely extremely low, as one population is likely extirpated and the remaining population is small. Redundancy has declined dramatically because the Penasco least chipmunk remains on the landscape in only one population. As such, the Penasco least chipmunk is at greater risk of extinction due to a catastrophic event when compared to historical conditions.
The Penasco least chipmunk faces threats that put it at risk of extinction, including vegetation shifts, wildfire, forest encroachment, recreation, development, land use, and land management Factor A, nonnative species Factors A and C, disease Factor C, and small population size and lack of connectivity Factor E. We found small population size to be the main threat to the species currently. The current population is small and isolated, making it vulnerable to catastrophic or stochastic events. The risk of species extinction from a disease outbreak, large wildfire, or extreme drought is high.
The one remaining population is currently small and isolated, and we expect it to remain so in the future.
Neither ongoing management activities, nor existing regulatory mechanisms Factor D, are sufficient to mitigate the threats facing the Penasco least chipmunk.
Based on the assessment of the species resiliency, representation, and redundancy, which are at levels that put the species at risk of extinction throughout its range, we find the Penasco least chipmunk meets the definition of an endangered species. We find that a threatened species status is not appropriate for the Penasco least chipmunk because it is currently at risk of extinction.
Status Throughout a Significant Portion of Its Range Under the Act and our implementing regulations, a species may warrant listing if it is in danger of extinction or likely to become so in the foreseeable future throughout all or a significant portion of its range. We have determined that the Penasco least chipmunk is in danger of extinction throughout all of its range and accordingly did not undertake an analysis of any significant portion of its
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range. Because the Penasco least chipmunk warrants listing as endangered throughout all of its range, our determination is consistent with the decision in Center for Biological Diversity v. Everson, 2020 WL 437289
D.D.C. Jan. 28, 2020, in which the court vacated the aspect of the Final Policy on Interpretation of the Phrase Significant Portion of Its Range in the Endangered Species Acts Definitions of Endangered Species and Threatened Species 79 FR 37578; July 1, 2014
that provided the Services do not undertake an analysis of significant portions of a species range if the species warrants listing as threatened throughout all of its range.
Determination of Status Our review of the best available scientific and commercial information indicates that the Penasco least chipmunk meets the definition of an endangered species. Therefore, we propose to list the Penasco least chipmunk as an endangered species in accordance with sections 36 and 4a1 of the Act.
Available Conservation Measures Conservation measures provided to species listed as endangered or threatened species under the Act include recognition, recovery actions, requirements for Federal protection, and prohibitions against certain practices.
Recognition through listing results in public awareness and conservation by Federal, State, Tribal, and local agencies, as well as private organizations and individuals. The Act encourages cooperation with the States and other countries and calls for recovery actions to be carried out for listed species. The protection required by Federal agencies and the prohibitions against certain activities are discussed, in part, below.
The primary purpose of the Act is the conservation of endangered and threatened species and the ecosystems upon which they depend. The ultimate goal of such conservation efforts is the recovery of these listed species, so that they no longer need the protective measures of the Act. Subsection 4f of the Act calls for the Service to develop and implement recovery plans for the conservation of endangered and threatened species. The recovery planning process involves the identification of actions that are necessary to halt or reverse the species decline by addressing the threats to its survival and recovery. The goal of this process is to restore listed species to a point where they are secure, self-

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sustaining, and functioning components of their ecosystems.
Recovery planning consists of preparing draft and final recovery plans, beginning with the development of a recovery outline and making it available to the public within 30 days of a final listing determination. The recovery outline guides the immediate implementation of urgent recovery actions and describes the process to be used to develop a recovery plan.
Revisions of the plan may be done to address continuing or new threats to the species, as new substantive information becomes available. The recovery plan also identifies recovery criteria for review of when a species may be ready for reclassification from endangered to threatened downlisting or removal from protected status delisting, and methods for monitoring recovery progress. Recovery plans also establish a framework for agencies to coordinate their recovery efforts and provide estimates of the cost of implementing recovery tasks. Recovery teams composed of species experts, Federal and State agencies, nongovernmental organizations, and stakeholders are often established to develop recovery plans. When completed, the recovery outlines, draft recovery plans, and the final recovery plans will be available on our website https www.fws.gov/
endangered, or from our New Mexico Ecological Services Field Office see FOR
FURTHER INFORMATION CONTACT.
Implementation of recovery actions generally requires the participation of a broad range of partners, including other Federal agencies, States, Tribes, nongovernmental organizations, businesses, and private landowners.
Examples of recovery actions include habitat restoration e.g., restoration of native vegetation, research, captive propagation and reintroduction, and outreach and education. The recovery of many listed species cannot be accomplished solely on Federal lands because their range may occur primarily or solely on non-Federal lands. To achieve recovery of these species requires cooperative conservation efforts on private, State, and Tribal lands.
If this species is listed, funding for recovery actions may be available from a variety of sources, including Federal budgets, State programs, and cost share grants for non-Federal landowners, the academic community, and nongovernmental organizations. In addition, pursuant to section 6 of the Act, the State of New Mexico may be eligible for Federal funds to implement management actions that promote the protection or recovery of the Penasco least chipmunk. Information on our
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