[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Proposed Rules]
[Pages 1368-1375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00157]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[4500030115]
Endangered and Threatened Wildlife and Plants; 90-Day Findings on
17 Petitions
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Petition findings and initiation of status reviews.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on various petitions to list, reclassify, or delist fish,
wildlife, or plants under the Endangered Species Act of 1973, as
amended (Act). Based on our review, we find that six petitions do not
present substantial scientific or commercial information indicating
that the petitioned actions may be warranted, and we are not initiating
status reviews in response to these petitions. We refer to these as
``not-substantial'' petition findings. We also find that 11 petitions
present substantial scientific or commercial information indicating
that the petitioned actions may be warranted. Therefore, with the
publication of this document, we announce that we plan to initiate a
review of the status of these species to determine if the petitioned
actions are warranted. To ensure that these status reviews are
comprehensive, we are requesting scientific and commercial data and
other information regarding these species. Based on the status reviews,
we will issue 12-month findings on the petitions, which will address
whether the petitioned action is warranted, as provided in section
4(b)(3)(B) of the Act.
DATES: When we conduct status reviews, we will consider all information
that we have received. To ensure that we will have adequate time to
consider submitted information during the status reviews, we request
that we receive information no later than March 14, 2016. Information
submitted electronically using the Federal eRulemaking Portal (see
ADDRESSES) should be received by 11:59 p.m. Eastern Time on the closing
date.
ADDRESSES: Not-substantial petition findings: The not-substantial
petition findings announced in this document are available on http://www.regulations.gov under the appropriate docket number (see Table 2 in
this section), or on the Service's Web site at ecos.fws.gov. Supporting
information in preparing these findings is available for public
inspection, by appointment, during normal business hours by contacting
the appropriate person, as specified under FOR FURTHER INFORMATION
CONTACT.
Status reviews: You may submit information on species for which a
status review is being initiated by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter the appropriate docket
number (see Table 1, below). You may submit information by clicking on
``Comment Now!'' If your information will fit in the provided comment
box, please use this feature of http://www.regulations.gov, as it is
most compatible with our information review procedures. If you attach
your information as a separate document, our preferred file format is
[[Page 1369]]
Microsoft Word. If you attach multiple comments (such as form letters),
our preferred format is a spreadsheet in Microsoft Excel.
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: [Insert appropriate docket number; see Table
1, below]; U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg
Pike; Falls Church, VA 22041-3803.
We request that you send information only by the methods described
above. We will post all information received on http://www.regulations.gov.
This generally means that we will post any
personal information you provide us (see Request for Information for
Status Reviews in SUPPLEMENTARY INFORMATION for more details).
Table 1--List of Substantial Findings
for Which a Status Review Is Being Initiated
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Common name Docket No.
URL to docket in regs.gov
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Culebra
skink................ FWS-R4-ES-2015-0085.................. http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0085.
Great Basin silverspot FWS-R6-ES-2015-0089.................. http://www.regulations.gov/#!docketDetail;D=FWS-R6-ES-2015-0089.
butterfly.
Greater Saint Croix skink.... FWS-R4-ES-2015-0090.................. http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0090.
Greater Virgin Islands skink. FWS-R4-ES-2015-0091.................. http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0091.
Lesser Saint Croix skink..... FWS-R4-ES-2015-0096.................. http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0096.
Mona skink................... FWS-R4-ES-2015-0100.................. http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0100.
Narrow-foot diving beetle.... FWS-R6-ES-2015-0102.................. http://www.regulations.gov/#!docketDetail;D=FWS-R6-ES-2015-0102.
Northern Rockies population FWS-R6-ES-2015-0104.................. http://www.regulations.gov/#!docketDetail;D=FWS-R6-ES-2015-0104.
of fisher.
Puerto Rican skink........... FWS-R4-ES-2015-0107.................. http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0107.
Scott riffle beetle.......... FWS-R6-ES-2015-0114.................. http://www.regulations.gov/#!docketDetail;D=FWS-R6-ES-2015-0114.
Virgin Islands bronze skink.. FWS-R4-ES-2015-0120.................. http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0120.
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Table 2--List of
Not-Substantial Findings
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Common name Docket No.
URL to docket in regs.gov
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Colorado
desert fringe-toed FWS-R8-ES-2015-0082.................. http://www.regulations.gov/#!docketDetail;D=FWS-R8-ES-2015-0082.
lizard.
Grizzly bear (Cabinet-Yaak FWS-R6-ES-2015-0173.................. http://www.regulations.gov/#!docketDetail;D=FWS-R6-ES-2015-0173.
population)--Uplist.
Grizzly bear (Cabinet-Yaak FWS-R6-ES-2015-0174.................. http://www.regulations.gov/#!docketDetail;D=FWS-R6-ES-2015-0174.
population)--Delist.
Kings River slender salamander FWS-R8-ES-2015-0094.................. http://www.regulations.gov/#!docketDetail;D=FWS-R8-ES-2015-0094.
Sandstone night lizard........ FWS-R8-ES-2015-0113.................. http://www.regulations.gov/#!docketDetail;D=FWS-R8-ES-2015-0113.
Yellowstone bison............. FWS-R6-ES-2015-0123.................. http://www.regulations.gov/#!docketDetail;D=FWS-R6-ES-2015-0123.
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FOR
FURTHER INFORMATION CONTACT:
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Common name Contact person
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Colorado desert fringe-toed lizard..... Mendel Stewart, 760-431-9440;
Mendel_Stewart@fws.gov.
Culebra skink.......................... Andreas Moshogianis, 404-679-
7119;
Andreas_Moshgianis@fws.gov.
Great Basin silverspot butterfly....... Ann Timberman, 970-628-7181;
Ann_Timberman@fws.gov.
Greater Saint Croix skink.............. Andreas Moshogianis, 404-679-
7119;
Andreas_Moshgianis@fws.gov.
Greater Virgin Islands skink........... Andreas Moshogianis, 404-679-
7119;
Andreas_Moshgianis@fws.gov.
Grizzly bear (Cabinet-Yaak population). Chris Servheen, 406-243-4903;
Chris_Servheen@fws.gov.
Kings River slender salamander......... Jennifer Norris, 916-414-6600;
Jennifer_Norris@fws.gov.
Lesser Saint Croix skink............... Andreas Moshogianis, 404-679-
7119;
Andreas_Moshgianis@fws.gov.
Mona skink............................. Andreas Moshogianis, 404-679-
7119;
Andreas_Moshgianis@fws.gov.
Narrow-foot diving beetle.............. Mark Sattelberg, 307-772-2374;
Mark_Sattelberg@fws.gov.
Northern Rockies population of fisher.. Jodi Bush, 406-449-5225 x105;
Jodi_Bush@fws.gov.
Puerto Rican skink..................... Andreas Moshogianis, 404-679-
7119;
Andreas_Moshgianis@fws.gov.
Sandstone Night lizard................. Mendel Stewart, 760-431-9440;
Mendel_Stewart@fws.gov.
Scott riffle beetle.................... Jason Luginbill, 785-539-3474
x105; Jason_Luginbill@fws.gov.
Virgin Islands bronze skink............ Andreas Moshogianis, 404-679-
7119;
Andreas_Moshgianis@fws.gov.
Yellowstone bison...................... Mark Sattelberg, 307-772-2374;
Mark_Sattelberg@fws.gov.
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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 for Status Reviews
When we make a finding that a petition presents substantial
information indicating that listing, reclassification, or delisting a
species may be warranted, we are required to review the status of the
species (status review). For the status review to be complete and based
on the best available scientific and commercial information, we request
information on these species from governmental agencies, Native
American Tribes, the scientific community, industry, and any
[[Page 1370]]
other interested parties. We seek information on:
(1) The species' biology, range, and population trends, including:
(a) Habitat requirements;
(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, its
habitat, or both.
(2) The factors that are the basis for making a listing,
reclassification, or delisting determination for a species under
section 4(a) of the Act (16 U.S.C. 1531 et seq.), which are:
(a) The present or threatened destruction, modification, or
curtailment of its habitat or range (Factor A);
(b) Overutilization for commercial, recreational, scientific, or
educational purposes (Factor B);
(c) Disease or predation (Factor C);
(d) The inadequacy of existing regulatory mechanisms (Factor D); or
(e) Other natural or manmade factors affecting its continued
existence (Factor E).
(3) The potential effects of climate change on the species and its
habitat, and the extent to which it affects the habitat or range of the
species.
If, after the status review, we determine that listing is
warranted, we will propose critical habitat (see definition in section
3(5)(A) of the Act) for domestic (U.S.) species under section 4 of the
Act, to the maximum extent prudent and determinable at the time we
propose to list the species. Therefore, we also request data and
information for the species listed above in Table 1 (to be submitted as
provided for in the ADDRESSES section) on:
(1) What may constitute ``physical or biological features essential
to the conservation of the species,'' within the geographical range
occupied by the species;
(2) Where these features are currently found;
(3) Whether any of these features may require special management
considerations or protection;
(4) Specific areas outside the geographical area occupied by the
species that are ``essential for the conservation of the species''; and
(5) What, if any, critical habitat you think we should propose for
designation if the species is proposed for listing, and why such
habitat meets the requirements of section 4 of the Act.
Please include sufficient information with your submission (such as
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 actions
under consideration without providing supporting information, although
noted, will not 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 on http://www.regulations.gov.
Information and supporting documentation that we received and used
in preparing these 90-day findings is available for you to review at
http://www.regulations.gov, or you may make an appointment during
normal business hours at the appropriate lead U.S. Fish and Wildlife
Service Field Office (contact the person listed under FOR FURTHER
INFORMATION CONTACT).
Background
Section 4(b)(3)(A) of the 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. 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 commence a review of the status of the species, which will be
subsequently summarized in our 12-month finding.
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations at 50 CFR 424 set forth the procedures for adding a species
to, or removing a species from, the Federal Lists of Endangered and
Threatened Wildlife and Plants. A species may be determined to be an
endangered or threatened species because of one or more of the five
factors described in section 4(a)(1) of the Act (see Request for
Information for Status Reviews, above).
In considering whether conditions described within one or more of
the factors might constitute threats, we must look beyond the exposure
of the species to those conditions to evaluate whether the species may
respond to the conditions in a way that causes actual impacts to the
species. If there is exposure to a condition and the species responds
negatively, the condition qualify as a stressors and, during the
subsequent status review, we attempt to determine how significant the
stressor is. If the stressor is sufficiently significant that it
drives, or contributes to, the risk of extinction of the species such
that the species may warrant listing as endangered or threatened as
those terms are defined in the Act, the stressor constitutes a threat
to the species. Thus, the identification of conditions that could
affect a species negatively may not be sufficient to compel a finding
that the information in the petition and our files is substantial. The
information must include evidence sufficient to suggest that these
conditions may be operative threats that act on the species to a
sufficient degree that the species may meet the definition of an
endangered or threatened species under the Act.
Evaluation of a Petition To List the Colorado Desert Fringe-Toed Lizard
as an Endangered or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R8-ES-2015-0082 under the Supporting Documents section.
Species and Range
Colorado desert fringe-toed lizard (Uma notata); California, Baja
California, Mexico
Petition History
On July 11, 2012, we received a petition dated July 11, 2012, from
the Center for Biological Diversity, requesting that 53 species of
reptiles and amphibians, including the Colorado desert fringe-toed
lizard, be listed under
[[Page 1371]]
the Act as endangered or threatened species and that critical habitat
be designated under the Act. The petition clearly identified itself as
such and included the requisite identification information for the
petitioner, required at 50 CFR 424.14(a). This finding addresses the
Colorado desert fringe-toed lizard.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition does not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted for Colorado desert fringe-toed lizard (Uma
notata). Because the petition does not present substantial information
indicating that listing the Colorado desert fringe-toed lizard may be
warranted, we are not initiating a status review of this species in
response to this petition. Our justification for this finding can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R8-ES-2015-0082 under the Supporting Documents section. However, we
ask that the public submit to us any new information that becomes
available concerning the status of, or threats to, this species or its
habitat at any time (see FOR FURTHER INFORMATION CONTACT).
Evaluation of a Petition To List the Culebra Skink as an Endangered or
Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R4-ES-2015-0085 under the Supporting Documents section.
Species and Range
Culebra skink (Spondylurus culebrae); Caribbean
Petition History
On February 11, 2014, we received a petition dated February 11,
2014, from the Center for Biological Diversity, requesting that the
Culebra skink, greater Saint Croix skink, Mona skink, Puerto Rican
skink, Virgin Islands bronze skink, Greater Virgin Islands skink,
lesser Saint Croix skink, Monito skink, and lesser Virgin Islands skink
be listed as endangered or threatened and that critical habitat be
designated for these species under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(a). We
acknowledged receipt of this petition via email on February 12, 2014.
This finding addresses the Culebra skink (Spondylurus culebrae).
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that listing the Culebra skink
(Spondylurus culebrae) may be warranted based on Factors C and D.
However, during our status review, we will thoroughly evaluate all
potential threats to the species. Thus, for this species, the Service
requests information on the five listing factors under section 4(a)(1)
of the Act, including the factors identified in this finding (see
Request for Information for Status Reviews, above).
Evaluation of a Petition To List the Great Basin Silverspot as an
Endangered or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R6-ES-2015-0089 under the Supporting Documents section.
Species and Range
Great Basin silverspot (Speyeria nokomis nokomis); Arizona, Colorado,
New Mexico, Utah
Petition History
On April 24, 2013, we received a petition dated April 13, 2013,
from WildEarth Guardians, requesting that the Great Basin silverspot be
listed as endangered or threatened under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(a). This
finding addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that listing the Great Basin
silverspot (Speyeria nokomis nokomis) may be warranted based on Factors
A and E. However, during our status review, we will thoroughly evaluate
all potential threats to the species. Thus, for this species, the
Service requests information on the five listing factors under section
4(a)(1) of the Act, including the factors identified in this finding
(see Request for Information for Status Reviews, above).
Evaluation of a Petition To List the Greater Saint Croix Skink as an
Endangered or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R4-ES-2015-0090 under the Supporting Documents section.
Species and Range
Greater Saint Croix skink (Spondylurus magnacruzae); Caribbean
Petition History
On February 11, 2014, we received a petition dated February 11,
2014, from the Center for Biological Diversity, requesting that the
Culebra skink, greater Saint Croix skink, Mona skink, Puerto Rican
skink, Virgin Islands bronze skink, greater Virgin Islands skink,
lesser Saint Croix skink, Monito skink, and lesser Virgin Islands skink
be listed as endangered or threatened and that critical habitat be
designated for these species under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(a). We
acknowledged receipt of this petition via email on February 12, 2014.
This finding addresses the greater Saint Croix skink.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that listing the greater Saint Croix
skink (Spondylurus magnacruzae) may be warranted based on Factors C and
D. However, during our status review, we will thoroughly evaluate all
potential threats to the species. Thus, for this species, the Service
requests information on the five listing factors under section 4(a)(1)
of the Act, including the factors identified in this finding (see
Request for Information for Status Reviews, above).
Evaluation of a Petition To List the Greater Virgin Islands Skink as an
Endangered or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R4-ES-2015-0091 under the Supporting Documents section.
Species and Range
Greater Virgin Islands skink (Spondylurus spilonotus); Caribbean
[[Page 1372]]
Petition History
On February 11, 2014, we received a petition dated February 11,
2014, from the Center for Biological Diversity, requesting that the
Culebra skink, greater Saint Croix skink, Mona skink, Puerto Rican
skink, Virgin Islands bronze skink, greater Virgin Islands skink,
lesser Saint Croix skink, Monito skink, and lesser Virgin Islands skink
be listed as endangered or threatened and that critical habitat be
designated for these species under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(a). We
acknowledged receipt of this petition via email on February 12, 2014.
This finding addresses the greater Virgin Islands skink.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that listing the greater Virgin
Islands skink (Spondylurus spilonotus) may be warranted based on
Factors C and D. However, during our status review, we will thoroughly
evaluate all potential threats to the species. Thus, for this species,
the Service requests information on the five listing factors under
section 4(a)(1) of the Act, including the factors identified in this
finding (see Request for Information for Status Reviews, above).
Evaluation of a Petition To Reclassify the Grizzly Bear (Cabinet-Yaak
Population) From a Threatened Species to an Endangered Species Under
the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R6-ES-2015-0173 under the Supporting Documents section.
Species and Range
Grizzly bear (Cabinet-Yaak population) (Ursus arctos horribilis);
Montana, Idaho
Petition History
On December 17, 2014, we received a petition dated December 11,
2014, from the Alliance for the Wild Rockies, requesting that the
Cabinet-Yaak grizzly bear be reclassified as endangered and that
critical habitat be designated for this population under the Act. The
petition clearly identified itself as such and included the requisite
identification information for the petitioner, required at 50 CFR
424.14(a). In a February 2, 2015, letter to the petitioner
acknowledging receipt of the petition, we responded that we reviewed
the information presented in the petition and did not find that the
petition warranted an emergency listing. This finding addresses the
petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition does not present substantial
scientific or commercial information indicating that the petitioned
action (reclassifying from threatened status to endangered status) may
be warranted for the Cabinet-Yaak grizzly bear (Ursus arctos
horribilis). Because the petition does not present substantial
information indicating that reclassifying the Cabinet-Yaak grizzly bear
may be warranted, we are not initiating a status review of this species
in response to this petition. Our justification for this finding can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R6-ES-2015-0173 under the Supporting Documents section. However, we
ask that the public submit to us any new information that becomes
available concerning the status of, or threats to, this population or
its habitat at any time (see FOR FURTHER INFORMATION CONTACT).
Evaluation of a Petition To Remove the Grizzly Bear (Cabinet-Yaak
Population) From the List of Endangered and Threatened Wildlife
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R6-ES-2015-0174 under the Supporting Documents section.
Species and Range
Grizzly bear (Cabinet-Yaak population) (Ursus arctos horribilis);
Montana, Idaho
Petition History
On July 27, 2015, we received a petition dated July 24, 2015, from
Lincoln County, Montana, requesting that we remove Cabinet-Yaak grizzly
bears from the List of Endangered and Threatened Wildlife (i.e.,
``delist'' Cabinet-Yaak grizzly bears) due to recovery under the Act.
Grizzly bears, including the Cabinet-Yaak population, are currently
listed as threatened under the Act. The petition clearly identified
itself as such and included the requisite identification information
for the petitioner, required at 50 CFR 424.14(a). In an August 21,
2015, letter to the petitioner, we responded that we received the
petition. This finding addresses this portion of the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition does not present substantial
scientific or commercial information indicating that the petitioned
action (delisting) may be warranted for the Cabinet-Yaak population of
grizzly bear (Ursus arctos horribilis). Because the petition does not
present substantial information indicating that delisting the Cabinet-
Yaak population of grizzly bear may be warranted, we are not initiating
a status review of this species in response to this petition. Our
justification for this finding can be found as an appendix at http://www.regulations.gov under Docket No. FWS-R6-ES-2015-0174 under the
Supporting Documents section. However, we ask that the public submit to
us any new information that becomes available concerning the status of,
or threats to, this population or its habitat at any time (see FOR
FURTHER INFORMATION CONTACT).
Evaluation of a Petition To List the Kings River Slender Salamander as
an Endangered or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R8-ES-2015-0094 under the Supporting Documents section.
Species and Range
Kings River slender salamander (Batrachoseps regius); California
Petition History
On July 11, 2012, we received a petition dated July 11, 2012, from
the Center for Biological Diversity requesting that 53 species of
reptiles and amphibians, including the Kings River slender salamander,
be listed under the Act as endangered or threatened and that critical
habitat be designated under the Act. The petition clearly identified
itself as such and included the requisite identification information
for the petitioner, required at 50 CFR 424.14(a). This finding
addresses the Kings River slender salamander.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition does not present substantial
scientific or commercial information indicating that the
[[Page 1373]]
petitioned action may be warranted for the Kings River slender
salamander (Batrachoseps regius). Because the petition does not present
substantial information indicating that listing the Kings River slender
salamander may be warranted, we are not initiating a status review of
this species in response to this petition. Our justification for this
finding can be found as an appendix at http://www.regulations.gov under
Docket No. FWS-R8-ES-2015-0094 under the Supporting Documents section.
However, we ask that the public submit to us any new information that
becomes available concerning the status of, or threats to, this species
or its habitat at any time (see FOR FURTHER INFORMATION CONTACT).
Evaluation of a Petition To List the Lesser Saint Croix Skink as an
Endangered or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R4-ES-2015-0096 under the Supporting Documents section.
Species and Range
Lesser Saint Croix skink (Capitellum parvicruzae); Caribbean
Petition History
On February 11, 2014, we received a petition dated February 11,
2014, from the Center for Biological Diversity, requesting that the
Culebra skink, greater Saint Croix skink, Mona skink, Puerto Rican
skink, Virgin Islands bronze skink, greater Virgin Islands skink,
lesser Saint Croix skink, Monito skink, and lesser Virgin Islands skink
be listed as endangered or threatened and that critical habitat be
designated for these species under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(a). We
acknowledged receipt of this petition via email on February 12, 2014.
This finding addresses the lesser Saint Croix skink.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that listing the lesser Saint Croix
skink (Capitellum parvicruzae) may be warranted based on Factors C and
D. However, during our status review, we will thoroughly evaluate all
potential threats to the species. Thus, for this species, the Service
requests information on the five listing factors under section 4(a)(1)
of the Act, including the factors identified in this finding (see
Request for Information for Status Reviews, above).
Evaluation of a Petition To List the Mona Skink as an Endangered or
Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R4-ES-2015-0100 under the Supporting Documents section.
Species and Range
Mona skink (Spondylurus monae); Caribbean
Petition History
On February 11, 2014, we received a petition dated February 11,
2014, from the Center for Biological Diversity, requesting that the
Culebra skink, greater Saint Croix skink, Mona skink, Puerto Rican
skink, Virgin Islands bronze skink, greater Virgin Islands skink,
lesser Saint Croix skink, Monito skink, and lesser Virgin Islands skink
be listed as endangered or threatened and that critical habitat be
designated for these species under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(a). We
acknowledged receipt of this petition via email on February 12, 2014.
This finding addresses the Mona skink.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that listing the Mona skink
(Spondylurus monae) may be warranted based on Factors A, C, and D.
However, during our status review, we will thoroughly evaluate all
potential threats to the species. Thus, for this species, the Service
requests information on the five listing factors under section 4(a)(1)
of the Act, including the factors identified in this finding (see
Request for Information for Status Reviews, above).
Evaluation of a Petition To List the Narrow-Foot Diving Beetle as an
Endangered or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R6-ES-2015-0102 under the Supporting Documents section.
Species and Range
Narrow-foot diving beetle (Hygrotus diversipes); Wyoming
Petition History
On July 17, 2013, we received a petition dated July 9, 2013, from
WildEarth Guardians, requesting that the narrow-foot diving beetle be
listed as endangered or threatened under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(a). This
finding addresses the narrow-foot diving beetle.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that listing the narrow-foot diving
beetle (Hygrotus diversipes) may be warranted based on Factors A and E.
However, during our status review, we will thoroughly evaluate all
potential threats to the species. Thus, for this species, the Service
requests information on the five listing factors under section 4(a)(1)
of the Act, including the factors identified in this finding (see
Request for Information for Status Reviews, above).
Evaluation of a Petition To List the Fisher (Northern Rockies
Population) as an Endangered or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R6-ES-2015-0104 under the Supporting Documents section.
Species and Range
Fisher (Northern Rockies population) (Martes pennanti); Idaho, Montana
Petition History
On September 23, 2013, we received a petition dated September 23,
2013, from the Center for Biological Diversity, Defenders of Wildlife,
Friends of the Bitterroot, Friends of the Clearwater, Western
Watersheds Project, and Friends of the Wild Swan, requesting that the
fisher in its U.S. Northern Rocky Mountains (USNRMs) range be listed as
endangered or threatened under the Act. The petition clearly identified
itself as such and included the requisite identification information
for the petitioner, required at 50 CFR 424.14(a). In an October 31,
2013, letter to the petitioner, we responded that we reviewed the
information presented in the petition and did not find that the
[[Page 1374]]
petition warranted an emergency listing. This finding addresses the
petition.
On June 30, 2011, we published a 12-month finding (76 FR 38504)
following a full status review of fishers in the USNRMs that concluded
listing the entity as endangered or threatened under the Act was not
warranted.
Finding
Based on our review of the petition and sources cited in the
petition, including new information that petitioners submitted after
the 2011 finding, we find that the petition presents substantial
scientific or commercial information indicating that listing the fisher
(Northern Rockies population) (Martes pennanti) may be warranted based
on Factors B and E. However, during our status review, we will
thoroughly evaluate all potential threats to the species. In the course
of reviewing the status of the species, we will consider any
information that has become available since the 2011 finding, including
the new information provided by the petitioners. Thus, for this
species, the Service requests information on the five listing factors
under section 4(a)(1) of the Act, including the factors identified in
this finding (see Request for Information for Status Reviews, above).
Evaluation of a Petition To List the Puerto Rico Skink as an Endangered
or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R4-ES-2015-0107 under the Supporting Documents section.
Species and Range
Puerto Rico skink (Spondylurus nitidus); Caribbean
Petition History
On February 11, 2014, we received a petition dated February 11,
2014, from the Center for Biological Diversity, requesting that the
Culebra skink, greater Saint Croix skink, Mona skink, Puerto Rican
skink, Virgin Islands bronze skink, greater Virgin Islands skink,
lesser Saint Croix skink, Monito skink, and lesser Virgin Islands skink
be listed as endangered or threatened and that critical habitat be
designated for these species under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(a). We
acknowledged receipt of this petition via email on February 12, 2014.
This finding addresses the Puerto Rican skink.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that listing the Puerto Rico skink
(Spondylurus nitidus) may be warranted based on Factors A, C, and D.
However, during our status review, we will thoroughly evaluate all
potential threats to the species. Thus, for this species, the Service
requests information on the five listing factors under section 4(a)(1)
of the Act, including the factors identified in this finding (see
Request for Information for Status Reviews, above).
Evaluation of a Petition To List the Sandstone Night Lizard as an
Endangered or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R8-ES-2015-0113 under the Supporting Documents section.
Species and Range
Sandstone night lizard (Xantusia gracilis); California
Petition History
On July 11, 2012, we received a petition dated July 11, 2012, from
the Center for Biological Diversity requesting that 53 species of
reptiles and amphibians, including the sandstone night lizard, be
listed under the Act as endangered or threatened and that critical
habitat be designated under the Act. The petition clearly identified
itself as such and included the requisite identification information
for the petitioner, required at 50 CFR 424.14(a). This finding
addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition does not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted for the sandstone night lizard (Xantusia
gracilis). Because the petition does not present substantial
information indicating that listing the sandstone night lizard may be
warranted, we are not initiating a status review of this species in
response to this petition. Our justification for this finding can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R8-ES-2015-0113 under the Supporting Documents section. However, we
ask that the public submit to us any new information that becomes
available concerning the status of, or threats to, this species or its
habitat at any time (see FOR FURTHER INFORMATION CONTACT).
Evaluation of a Petition To List the Scott Riffle Beetle as an
Endangered or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R6-ES-2015-0114 under the Supporting Documents section.
Species and Range
Scott riffle beetle (Optioservus phaeus gilbert); Kansas
Petition History
On September 20, 2013, we received a petition dated September 18,
2013, from WildEarth Guardians, requesting that the Scott riffle beetle
be listed as endangered or threatened under the Act. The petition
clearly identified itself as such and included the requisite
identification information for the petitioner, required at 50 CFR
424.14(a). This finding addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that listing the Scott riffle beetle
(Optioservus phaeus gilbert) may be warranted based on Factors A, C, D,
and E. However, during our status review, we will thoroughly evaluate
all potential threats to the species. Thus, for this species, the
Service requests information on the five listing factors under section
4(a)(1) of the Act, including the factors identified in this finding
(see Request for Information for Status Reviews, above).
Evaluation of a Petition To List the Virgin Islands Bronze Skink as an
Endangered or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R4-ES-2015-0120 under the Supporting Documents section.
Species and Range
Virgin Islands bronze skink (Spondylurus sloanii); Caribbean
Petition History
On February 11, 2014, we received a petition dated February 11,
2014, from the Center for Biological Diversity, requesting that the
Culebra skink,
[[Page 1375]]
greater Saint Croix skink, Mona skink, Puerto Rican skink, Virgin
Islands bronze skink, greater Virgin Islands skink, lesser Saint Croix
skink, Monito skink, and lesser Virgin Islands skink be listed as
endangered or threatened and that critical habitat be designated for
these species under the Act. The petition clearly identified itself as
such and included the requisite identification information for the
petitioner, required at 50 CFR 424.14(a). We acknowledged receipt of
this petition via email on February 12, 2014. This finding addresses
the Virgin Islands bronze skink.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that listing the Virgin Islands
bronze skink (Spondylurus sloanii) may be warranted based on Factors C
and D. However, during our status review, we will thoroughly evaluate
all potential threats to the species. Thus, for this species, the
Service requests information on the five listing factors under section
4(a)(1) of the Act, including the factors identified in this finding
(see Request for Information for Status Reviews, above).
Evaluation of a Petition To List the Yellowstone Bison as an Endangered
or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R6-ES-2015-0123 under the Supporting Documents section.
Species and Range
Yellowstone bison (Bison bison bison); Wyoming
Petition History
On November 14, 2014, we received a petition dated November 13,
2014, from the Western Watersheds Project and Buffalo Field Campaign,
requesting that Yellowstone National Park bison be listed as endangered
or threatened under the Act. The petition clearly identified itself as
such and included the requisite identification information for the
petitioner, required at 50 CFR 424.14(a).
On March 2, 2015, we received a second petition dated March 2,
2015, from Mr. James A. Horsley, requesting that Yellowstone National
Park bison be listed as endangered or threatened under the Act. The
petition clearly identified itself as such and included the requisite
identification information for the petitioner, required at 50 CFR
424.14(a). In a March 24, 2015, letter to the petitioner, we responded
that we reviewed the information presented in the petition and did not
find that the petition warranted an emergency listing.
This finding addresses both petitions, as they request the same
action for the same entity.
Finding
Based on our review of the petitions and sources cited in the
petitions, we find that the petitions do not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted for the Yellowstone bison (Bison bison bison).
Because the petitions do not present substantial information indicating
that listing the Yellowstone bison may be warranted, we are not
initiating a status review of this subspecies in response to these
petitions. Our justification for this finding can be found as an
appendix at http://www.regulations.gov under Docket No. FWS-R6-ES-2015-
0123 under the Supporting Documents section. However, we ask that the
public submit to us any new information that becomes available
concerning the status of, or threats to, this subspecies or its habitat
at any time (see FOR FURTHER INFORMATION CONTACT).
Conclusion
On the basis of our evaluation of the information presented under
section 4(b)(3)(A) of the Act, we have determined that the petitions
summarized above for the Cabinet-Yaak population of grizzly bear (two
petitions), Colorado desert fringe-toed lizard, Kings River slender
salamander, sandstone night lizard, and the Yellowstone bison do not
present substantial scientific or commercial information indicating
that the requested actions may be warranted. Therefore, we are not
initiating status reviews for these species.
The petitions summarized above for the Culebra skink, Great Basin
silverspot butterfly, greater Saint Croix skink, greater Virgin Islands
skink, lesser Saint Croix skink, Mona skink, narrow-foot diving beetle,
Northern Rockies population of fisher, Puerto Rico skink, Scott riffle
beetle, and Virgin Islands bronze skink present substantial scientific
or commercial information indicating that the requested actions may be
warranted.
Because we have found that these petitions present substantial
information indicating that the petitioned actions may be warranted, we
are initiating status reviews to determine whether these actions under
the Act are warranted. At the conclusion of the status reviews, we will
issue a finding, in accordance with section 4(b)(3)(B) of the Act, as
to whether or not the Service believes listing is warranted.
It is important to note that the standard for a 90-day finding
differs from the Act's standard that applies to a status review to
determine whether a petitioned action is warranted. In making a 90-day
finding, we consider only the information in the petition and in our
files, and we evaluate merely whether that constitutes ``substantial
information'' indicating that the petitioned action ``may be
warranted.'' In a 12-month finding, we must complete a thorough status
review of the species and evaluate the ``best scientific and commercial
data available'' to determine whether a petitioned action ``is
warranted.'' Because the Act's standards for 90-day and 12-month
findings are different, a substantial 90-day finding does not mean that
the 12-month finding will result in a ``warranted'' finding.
References Cited
A complete list of references cited is available on the Internet at
http://www.regulations.gov and upon request from the appropriate lead
field offices (contact the person listed under FOR FURTHER INFORMATION
CONTACT).
Authors
The primary authors of this notice are staff members of the
Ecological Services Program, U.S. Fish and Wildlife Service.
Authority
The authority for these actions is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: December 31, 2015.
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-00157 Filed 1-11-16; 8:45 am]
BILLING CODE 4333-15-P