[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Proposed Rules]
[Pages 60362-60366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27389]
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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
for Five Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of 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 several petitions to list or reclassify wildlife or
plants under the Endangered Species Act of 1973, as amended (Act).
Based on our review, we find that the petitions present substantial
scientific or commercial information indicating that the petitioned
actions may be warranted with respect to the species mentioned in this
notification. Therefore, with the publication of this document, we
announce that we plan to initiate a review of the status of each 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. After completing the status reviews, we will issue 12-month
findings on the petitions, which will address whether or not the
petitioned action is warranted, in accordance with the Act. In
addition, we announce a correction to information contained in the 90-
day petition finding for the leopard (Panthera pardus), which clarifies
the range and entity we are evaluating in our status review of the
species.
DATES: These findings were made on December 20, 2017.
ADDRESSES: Summaries of the bases for the petition findings contained
in this document are available on http://www.regulations.gov under the
appropriate docket number (see table under SUPPLEMENTARY INFORMATION).
Supporting information in preparing these findings is available for
public inspection, by appointment, during normal business hours by
contacting the appropriate person, as specified in FOR FURTHER
INFORMATION CONTACT. If you have new information concerning the status
of, or threats to, the species for which we made these petition
findings, or their habitats, please submit that information 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 under SUPPLEMENTARY INFORMATION). Then, click on the
Search button. After finding the correct document, 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 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
under SUPPLEMENTARY INFORMATION], 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 we receive 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, below, for more information).
FOR FURTHER INFORMATION CONTACT:
[[Page 60363]]
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Common name Contact person
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Oblong rocksnail....................... Brian Evans, 404-679-7118;
brian_evans@fws.gov.
Sturgeon chub and sicklefin chub....... Justin Shoemaker, 309-757-5800
x214;
justin_shoemaker@fws.gov.
Tricolored bat......................... Krishna Gifford, 413-253-8619;
krishna_gifford@fws.gov.
Venus flytrap.......................... Brian Evans, 404-679-7118;
brian_evans@fws.gov.
Leopard................................ Janine Van Norman, 703-358-
2370;
janine_vannorman@fws.gov.
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If you use a telecommunications device for the deaf (TDD), please
call the Federal Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations in title 50 of the Code of Federal Regulations (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
and Plants. 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 the finding promptly in the Federal
Register.
Last year, the Service and the National Marine Fisheries Service of
the Department of Commerce revised the regulations that outline the
procedures for evaluating petitions (81 FR 66462; September 27, 2016).
The new regulations at 50 CFR 424.14 were effective October 27, 2016.
We received the petitions referenced in this document prior to that
effective date. Therefore, we evaluated these petitions under the 50
CFR 424.14 requirements that were in effect prior to October 27, 2016,
as those requirements applied when the petitions were received. The
regulations in effect prior to October 27, 2016, establish that the
standard for substantial scientific or commercial information 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'' (former 50 CFR 424.14(b)).
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. The five factors 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).These factors represent broad categories of
natural or human-caused actions or conditions that could have an effect
on a species' continued existence (i.e., threats). In evaluating these
actions and conditions, we look for those that may have a negative
effect on individuals of the species, as well as for those that may
ameliorate any negative effects and those that may have positive
effects. In considering whether the petition presents substantial
information indicating the species may be threatened or endangered, we
must look beyond the exposure of the species to a threat to evaluate
whether the species may respond to the threat in a way that causes
actual impacts to the species. The mere identification of threats that
could affect a species negatively may not be sufficient to compel a
finding that the information in the petition is substantial information
indicating that the petitioned action may be warranted. The information
presented in the petition must include evidence sufficient to suggest
that these threats may be affecting the species to the point that the
species may meet the definition of an ``endangered species'' or
``threatened species'' under the Act.
If we find that a petition presents such information, our
subsequent status review will evaluate all identified threats by
considering the individual, population, and species-level effects, and
the expected response by the species. We will evaluate individual
threats and their expected effects on the species, then analyze the
cumulative effect of the threats on the species as a whole. We also
consider the cumulative effect of the threats in light of those actions
and conditions that will have positive effects on the species--such as
any existing regulatory mechanisms or conservation efforts that may
ameliorate threats. It is only after conducting this cumulative
analysis of threats and the actions that may ameliorate them, and the
expected effect on the species now and in the foreseeable future, that
we can determine whether the species meets the definition of an
``endangered species'' or ``threatened species.''
If we find that a petition presents substantial scientific or
commercial information, the Act requires us to promptly commence a
review of the status of the species, and we will subsequently complete
a status review in accordance with our prioritization methodology for
12-month findings (81 FR 49248; July 27, 2016).
Summaries of Petition Findings
The petition findings contained in this document are listed in the
table below and the bases for the findings, along with supporting
information, are available on http://www.regulations.gov under the
appropriate docket number.
Table--Substantial Findings and Correction Announced
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URL to docket on http://
Common name Docket No. www.regulations.gov
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Oblong rocksnail..................... FWS-R4-ES-2017-0042 http://www.regulations.gov/docket?D=FWS-R-ES-2017-0042.
Sturgeon chub and sicklefin chub..... FWS-R6-ES-2017-0010 http://www.regulations.gov/docket?D=FWS-R6-ES-2017-0010 0010.
Tricolored bat....................... FWS-R5-ES-2017-0011 http://www.regulations.gov/docket?D=FWS-R5-ES-2017-0011 0011.
Venus flytrap........................ FWS-R4-ES-2017-0041 http://www.regulations.gov/docket?D=FWS-R4-ES-2017-0041 0041.
Leopard.............................. FWS-HQ-ES-2016-0131 http://www.regulations.gov/docket?D=FWS-HQ-ES-2016-0131 0131.
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[[Page 60364]]
Evaluation of a Petition To List the Oblong Rocksnail as an Endangered
or Threatened Species Under the Act
Species and Range
Oblong rocksnail (Leptoxis compacta): Cahaba River, Shelby County,
Alabama.
Petition History
On June 21, 2016, we received a petition dated the same day from
the Center for Biological Diversity and Cahaba Riverkeeper requesting
that the oblong rocksnail be listed as endangered or threatened and
that critical habitat be designated for this species under the Act. The
petition clearly identified itself as such and included the requisite
identification information for the petitioners, required at former 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 the petitioned action may be
warranted for the oblong rocksnail, based on Factors A and E as set
forth in section 4(a)(1) of the Act (for information about these
factors, see Background, above). However, during our status review, we
will thoroughly evaluate all potential threats to the species,
including the extent to which any protections or other conservation
efforts have reduced those threats. Thus, for this species, the Service
requests any information relevant to whether the species falls within
the definition of either ``endangered species'' under section 3(6) of
the Act or ``threatened species'' under section 3(20) of the Act,
including information on the five listing factors under section 4(a)(1)
(see Request for Information for Status Reviews, below).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
http://www.regulations.gov under Docket No. FWS-R4-ES-2017-0042 under
the Supporting Documents section.
Evaluation of a Petition To List the Sturgeon Chub and Sicklefin Chub
as Endangered or Threatened Species Under the Act
Species and Range
Sturgeon chub (Macrhybopsis gelida): Arkansas, Illinois, Iowa,
Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska,
North Dakota, South Dakota, Tennessee, and Wyoming (Missouri River,
tributaries to the Yellowstone and Missouri Rivers, Middle and Lower
Mississippi River).
Sicklefin chub (Macrhybopsis meeki): Arkansas, Illinois, Iowa,
Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska,
North Dakota, South Dakota, and Tennessee (Missouri River, Lower
Yellowstone River, and Middle and Lower Mississippi River).
Petition History
On August 15, 2016, we received a petition dated August 11, 2016,
from WildEarth Guardians requesting that the sturgeon chub and
sicklefin chub 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 former 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 the petitioned action may be
warranted for the sturgeon chub and sicklefin chub, based on Factors A,
C, D, and E as set forth in section 4(a)(1) of the Act (for information
about these factors, see Background, above). However, during our status
review, we will thoroughly evaluate all potential threats to the
species, including the extent to which any protections or other
conservation efforts have reduced those threats. Thus, for these
species, the Service requests any information relevant to whether the
species fall within the definition of either ``endangered species''
under section 3(6) of the Act or ``threatened species'' under section
3(20) of the Act, including information on the five listing factors
under section 4(a)(1) (see Request for Information for Status Reviews,
below).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
http://www.regulations.gov under Docket No. FWS-R6-ES-2017-0010 under
the Supporting Documents section.
Evaluation of a Petition To List the Tricolored Bat as an Endangered or
Threatened Species Under the Act
Species and Range
Tricolored bat (Perimyotis subflavus): Alabama, Arkansas, Colorado,
Connecticut, Delaware, District of Columbia, Florida, Georgia,
Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska,
New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio,
Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota,
Tennessee, Texas, Vermont, Virginia, West Virginia, and Wisconsin;
Canada (New Brunswick, Nova Scotia, Ontario, and Quebec); Mexico
(Eastern and southern regions: Coahuila to Chiapas); Central America
(Guatemala)
Petition History
On June 14, 2016, we received a petition dated June 14, 2016, from
the Center for Biological Diversity and Defenders of Wildlife
requesting that the tricolored bat be listed as endangered or
threatened and that critical habitat be designated for this species
under the Act. The petition clearly identified itself as such and
included the requisite identification information for the petitioners,
required at former 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 the petitioned action may be
warranted for the tricolored bat, based on Factors A, C, and E as set
forth in section 4(a)(1) of the Act (for information about these
factors, see Background, above). However, during our status review, we
will thoroughly evaluate all potential threats to the species,
including the extent to which any protections or other conservation
efforts have reduced those threats. Thus, for this species, the Service
requests any information relevant to whether the species falls within
the definition of either ``endangered species'' under section 3(6) of
the Act or ``threatened species'' under section 3(20) of the Act,
including information on the five listing factors under section 4(a)(1)
(see Request for Information for Status Reviews, below).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
http://www.regulations.gov under Docket No. FWS-R5-ES-2017-0011 under
the Supporting Documents section.
[[Page 60365]]
Evaluation of a Petition To List the Venus Flytrap as an Endangered or
Threatened Species Under the Act
Species and Range
Venus flytrap (Dionaea muscipula Ellis): Southeastern North
Carolina and northeastern South Carolina, and one introduced population
each in Florida and New Jersey.
Petition History
On October 21, 2016, we received a petition dated the same day from
Donald M. Waller, J.T. Curtis Professor of Botany and Environmental
Studies, University of Wisconsin-Madison, and 25 additional supporters
requesting that the Venus flytrap be listed as endangered or threatened
and that critical habitat be designated for this species under the Act.
The petition clearly identified itself as such and included the
requisite identification information for the petitioners, required at
former 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 the petitioned action may be
warranted for the Venus flytrap, based on Factors A, B, and D as set
forth in section 4(a)(1) of the Act (see Background, above). However,
during our status review, we will thoroughly evaluate all potential
threats to the species, including the extent to which any protections
or other conservation efforts have reduced those threats. Thus, for
this species, the Service requests any information relevant to whether
the species falls within the definition of either ``endangered
species'' under section 3(6) of the Act or ``threatened species'' under
section 3(20) of the Act, including information on the five listing
factors under section 4(a)(1) (see Request for Information for Status
Reviews, below).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
http://www.regulations.gov under Docket No. FWS-R4-ES-2017-0041 under
the Supporting Documents section.
Correction to our Evaluation of a Petition To Reclassify the Leopard as
an Endangered Species Throughout Its Range
On November 30, 2016, we published a document in the Federal
Register (81 FR 86315) announcing 90-day findings on three petitions to
list or reclassify wildlife or plants under the Endangered Species Act
of 1973, as amended (Act; 16 U.S.C. 1531 et seq.). That document
included a finding on a petition to reclassify leopard (Panthera
pardus) as an endangered species throughout its range. However, in the
discussion of our finding and supporting documentation, we made two
errors. Therefore, with this document, we correct those errors, clarify
our intent to evaluate the status of the species throughout its range.
The public is welcome to submit information on the species in light of
these corrections (see ADDRESSES, above). If you sent information
previously, you need not resend it.
The first error we made in the November 30, 2016, 90-day finding is
that we mistakenly titled the action ``Evaluation of a Petition To
Reclassify Leopards Currently Listed as Threatened Species to
Endangered Species Under the Act,'' inadvertently implying that we will
evaluate the status of the species only in the countries in which it is
currently listed as threatened. However, the petition requests that we
reclassify leopards as endangered throughout the species' current
range, and we evaluated the petition based on that request. Our finding
on the petition--that the petition contains substantial information
that listing the leopard as endangered throughout its range may be
warranted--has not changed. Therefore, we clarify that we will evaluate
the status of leopards throughout their current range in our assessment
of the species' status.
The second error we made in the November 30, 2016, 90-day finding
is that we mistakenly described the current range of the leopard as:
Democratic Republic of the Congo, Gabon, Kenya, and Uganda. However,
the correct current range of the species is as follows:
Species and Range
Leopard (Panthera pardus): 62 countries in Africa and Asia.
The corrected information regarding our review of this petition can
be found as an appendix at http://www.regulations.gov under Docket No.
FWS-HQ-ES-2016-0131 in the Supporting Documents section.
Request for Information for Status Reviews
When we make a finding that a petition presents substantial
information indicating that listing, reclassification, or delisting of
a species may be warranted, we are required to review the status of the
species (a 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 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;
and
(d) Historical and current population levels and current and
projected trends.
(2) The five factors described in section 4(a)(1) of the Act (see
Background, above) 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.), including past and
ongoing conservation measures that could decrease the extent to which
one or more of the factors affect the species, its habitat, or both.
(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 at section
3(5)(A) of the Act) for domestic (United States) 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 (submitted as provided for in ADDRESSES, above) for the
species listed in the table above 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 or not 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 falls within the definition of ``critical habitat'' at section
3(5) 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.
[[Page 60366]]
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 ADDRESSES. If you submit information via
http://www.regulations.gov, your entire submission--including any
personal identifying information--will be posted on the website. 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.
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 information in the petition and sources cited in
the petition, as well as information which is readily available, and we
evaluate merely whether that information 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.
Conclusion
On the basis of our evaluation of the information presented in the
petitions under section 4(b)(3)(A) of the Act, we have determined that
the petitions referenced above for the oblong rocksnail, sturgeon chub,
sicklefin chub, tricolored bat, and Venus flytrap 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 are warranted under the Act. At the conclusion of each
status review, we will issue a finding, in accordance with section
4(b)(3)(B) of the Act, as to whether or not the petitioned action is
warranted.
Authors
The primary authors of this document 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: October 23, 2017.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, exercising the
authority of the Director U.S. Fish and Wildlife Service.
[FR Doc. 2017-27389 Filed 12-19-17; 8:45 am]
BILLING CODE 4333-15-P