Comment on FR Doc # E8-26275

November 14, 2008 Kenneth Stansell Division of Policy and Directives Management U.S. Fish and Wildlife Service 4401 N. Fairfax Drive, Suite 222 Arlington, VA 22203 Sent Via Email: http://www.regulations.gov Subject: Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to Delist Cirsium vinaceum (Sacramento Mountain Thistle) [FWS-R2-ES-2008-0114] Dear Mr. Kenneth Stansell: A. Introduction We are three concerned citizens and law students at the University of Denver Sturm College of Law who have a particular interest in natural resource and environmental issues. After consulting with the Colorado environmental conservation group, WildEarth Guardians, we write to oppose the delisting of Cirsium vinaceum (Sacramento Mountain Thistle). B. Cirsium vinaceum There is no conclusive evidence or a strong reason for delisting Cirsium vinaceum. While petitioners, the Board of County Commissioners of Otero County, New Mexico, provided accurate information regarding the growth rate and total population of Cirsium vinaceum, Cirsium vinaceum should remain listed as a threatened species for the following reasons: 1. The risk from habitat invasion by the non-native Dipsacus sylvestris (teasel) in the south central New Mexico region. (See Laura Foster Huenneke and James K. Thomson, “Potential Interference Between a Threatened Endemic Thistle and an Invasive Nonnative Plant”, 1994, Department of Biology, New Mexico State University, Las Cruces, NM 88003, U.S.A.). 2. The future threats to Cirsium vinaceum from a decline in the Lincoln National Forrest Pine Stand population as a result of increased incidence of wildfire, insect infestations, and disease. (See Conklin, D.A.; Keller, R.; Perez, A.E.; Pingitore, N.E., “Health Assessment of the White Pine Community in the Lincoln National Forest of New Mexico Through Spectral Reflectivity Variance”, 2003, University of Texas at El Paso, Department of Geological Sciences, 500 W. University Avenue, El Paso, TX 79968, U.S.A.). 3. Unanimous scientific data showing Cirsium vinaceum habitat to exist exclusively in New Mexico, and particularly in the Lincoln National Forrest. This data suggests that any threat to Cirsium vinaceum in its sole habitat will pose a risk to its future existence as a species. (See United States Department of Agriculture Rare Plant Profile, http://plants.usda.gov/java/profile?symbol=CIVI4). As illustrated above, the best available science indicates there are both present and future risks to Cirsium vinaceum population, which do not warrant a delisting of Cirsium vinaceum at this time. C. Conclusion We have attached the above referenced material for your consideration. Thank you for considering our comment in regard to the potential delisting of Cirsium vinaceum from the Federal List of Threatened and Endangered Plants under the Endangered Species Act of 1973. Best Regards, /s/ Alison Eastley /s/ Kathleen Rowland /s/ Julia Scott Enclosures: “Potential Interference Between a Threatened Endemic Thistle and an Invasive Nonnative Plant” “Health Assessment of the White Pine Community in the Lincoln National Forest of New Mexico Through Spectral Reflectivity Variance” “United States Department of Agriculture Rare Plant Profile”