[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)]
[Proposed Rules]
[Pages 61725-61727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28163]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[4500090022]
Endangered and Threatened Wildlife and Plants; 12-Month Findings
on Petitions To List a Species and Remove a Species From the Federal
Lists of Endangered and Threatened Wildlife and Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 12-month petition findings.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 12-
month findings on petitions to list a species as an endangered or
threatened species and remove a species from the Federal Lists of
Endangered and Threatened Wildlife and Plants (List or Lists) under the
Endangered Species Act of 1973, as amended (Act). After a thorough
review of the best available scientific and commercial information, we
find that it is not warranted at this time to add the beaverpond
marstonia to the Lists or remove the southwestern willow flycatcher
from the List. However, we ask the public to submit to us at any time
any new information that becomes available relevant to the status of
either of the species listed above or their habitats.
DATES: The findings in this document were made on December 29, 2017.
ADDRESSES: Detailed descriptions of the basis for each of these
findings are available on the internet at http://www.regulations.gov
under the following docket numbers:
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Species Docket number
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Beaverpond marstonia..................... FWS-R4-ES-2017-0090
Southwestern willow flycatcher........... FWS-R2-ES-2016-0039
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Supporting information used to prepare 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. Please submit any new information, materials,
comments, or questions concerning these findings to the appropriate
person, as specified under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
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Species Contact information
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Beaverpond marstonia......... Don Imm, Field Supervisor, Georgia
Ecological Services Field Office, 706-
613-9493, ext. 230.
Southwestern willow Steve Spangle, Field Supervisor, Arizona
flycatcher. Ecological Services Field Office, 602-
242-0210.
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[[Page 61726]]
If you use a telecommunications device for the deaf (TDD), please
call the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
We are required to make a finding whether or not the petitioned
action is warranted within 12 months after receiving any petition we
determined contained substantial scientific or commercial information
indicating that the petitioned action may be warranted (section
4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.) (``12-month finding'').
We must make a finding that the petitioned action is: (1) Not
warranted; (2) warranted; or (3) warranted but precluded. ``Warranted
but precluded'' means that (a) the petitioned action is warranted, but
the immediate proposal of a regulation implementing the petitioned
action is precluded by other pending proposals to determine whether
species are endangered or threatened species, and (b) expeditious
progress is being made to add qualified species to the Lists and to
remove from the Lists species for which the protections of the Act are
no longer necessary. Section 4(b)(3)(C) of the Act requires that we
treat a petition for which the requested action is found to be
warranted but precluded as though resubmitted on the date of such
finding, that is, requiring that a subsequent finding be made within 12
months of that date. We must publish these 12-month findings in the
Federal Register.
Summary of Information Pertaining to the Five Factors
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations at part 424 of title 50 of the Code of Federal Regulations
(50 CFR part 424) set forth procedures for adding species to, removing
species from, or reclassifying species on the Lists. The Act defines
``endangered species'' as any species that is in danger of extinction
throughout all or a significant portion of its range (16 U.S.C.
1532(6)), and ``threatened species'' as any species that is likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range (16 U.S.C. 1532(20)). Under
section 4(a)(1) of the Act, a species may be determined to be an
endangered species or a threatened species because of any of the
following five factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
In considering whether a species may meet the definition of a
threatened species or an endangered species because of any of the five
factors, we must look beyond the mere exposure of the species to the
stressor to determine whether the species responds to the stressor in a
way that causes actual impacts to the species. If there is exposure to
a stressor, but no response, or only a positive response, that stressor
does not cause a species to meet the definition of a threatened species
or an endangered species. If there is exposure and the species responds
negatively, we determine whether that stressor drives or contributes to
the risk of extinction of the species such that the species warrants
listing as an endangered or threatened species. The mere identification
of stressors that could affect a species negatively is not sufficient
to compel a finding that listing is or remains warranted. For a species
to be listed or remain listed, we require evidence that these stressors
are operative threats to the species and its habitat, either singly or
in combination, to the point that the species meets the definition of
an endangered or a threatened species under the Act.
In conducting our evaluation of the five factors provided in
section 4(a)(1) of the Act to determine whether the beaverpond
marstonia and southwestern willow flycatcher meet the definition of
``endangered species'' or ``threatened species,'' we considered and
thoroughly evaluated the best scientific and commercial information
available regarding the past, present, and future stressors and
threats. We reviewed the petitions, information available in our files,
and other available published and unpublished information. These
evaluations may include information from recognized experts; Federal,
State, and tribal governments; academic institutions; foreign
governments; private entities; and other members of the public.
The species assessment form for the beaverpond marstonia and the
12-month finding assessment for the southwestern willow flycatcher
contain more detailed biological information, a thorough analysis of
the listing factors, and an explanation of why we determined that these
species do not meet the definition of an endangered species or
threatened species. This supporting information can be found on the
internet at http://www.regulations.gov under the appropriate docket
number (see ADDRESSES, above). The following are informational
summaries for each of the findings in this notice.
Beaverpond marstonia (Marstonia castor)
Previous Federal Actions
On April 20, 2010, we received a petition from the Center for
Biological Diversity, Alabama Rivers Alliance, Clinch Coalition,
Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council,
and West Virginia Highlands Conservancy, requesting that the beaverpond
marstonia be listed as an endangered or threatened species under the
Act. On September 27, 2011, we published a 90-day finding in the
Federal Register (76 FR 59836) concluding that the petition presented
substantial information indicating that listing the beaverpond
marstonia may be warranted. Subsequently, we entered into a stipulated
settlement agreement with the Center for Biological Diversity that
required us to submit a 12-month finding to the Federal Register by
December 31, 2017. This notice constitutes the 12-month finding on the
April 20, 2010, petition to list the beaverpond marstonia under the
Act.
Summary of Finding
The beaverpond marstonia is a freshwater snail in the Hydrobiidae
family. The tan-colored shell of the beaverpond marstonia is less than
4 millimeters (mm) (0.2 inches (in)) in length. The species has been
found at only three creeks in Georgia, and, like other members of its
family, it has limited dispersal capabilities and a narrow distribution
in a local drainage system.
Little is known about the biology and ecology of the beaverpond
marstonia, but in the creeks where it was located, it was found
primarily by clumps of vegetation in shallow, clear water with a slight
current. In this fragile habitat, the beaverpond marstonia relies on
fine particulate organic matter and aquatic microorganisms as its
primary food sources.
The beaverpond marstonia was last observed in 2000. Repeated
surveys for the species, starting in 2014 through March of 2017, in the
locations where it was previously found and in surrounding areas with
similar habitat have yielded no specimens. Based on both the results of
repeated species surveys by qualified species experts at all three
historical locations and suitable habitat in surrounding areas, the
best available science indicates there are no extant populations of
beaverpond marstonia.
[[Page 61727]]
Therefore, we believe the beaverpond marstonia to be extinct. As a
result, the beaverpond marstonia does not fall within the statutory
definition of either a threatened species or an endangered species and,
accordingly, does not warrant listing under the Act. A detailed
discussion of the basis for this finding can be found in the beaverpond
marstonia species assessment form and other supporting documents (see
ADDRESSES, above).
Southwestern Willow Flycatcher (Empidonax traillii extimus)
Previous Federal Actions
The southwestern willow flycatcher was listed as an endangered
species under the Act on February 27, 1995 (60 FR 10694). On August 20,
2015, we received a petition from The Pacific Legal Foundation
(representing The Center for Environmental Science, Accuracy, and
Reliability, Building Industry Legal Defense Fund, California Building
Industry Association, California Cattlemen's Association, New Mexico
Business Coalition, New Mexico Cattle Growers Association, New Mexico
Farm and Livestock Bureau, and New Mexico Wool Growers Inc.),
requesting that the southwestern willow flycatcher be removed from the
Federal List of Endangered and Threatened Wildlife under the Act. On
March 16, 2016, we published a 90-day finding in the Federal Register
(81 FR 14058) concluding that the petition presented substantial
information indicating that removing the southwestern willow flycatcher
may be warranted based on information related to the taxonomic status.
This notice constitutes the 12-month finding on the August 19, 2015,
petition to remove the southwestern willow flycatcher from the List.
Summary of Finding
The southwestern willow flycatcher is a small, neotropical migrant
bird that grows to about 15 centimeters (cm) (6 in) in length. During
its breeding season from about May to September, this subspecies of
willow flycatcher is found in the southwestern United States in parts
of California, Nevada, Utah, Colorado, Arizona, New Mexico, and Texas.
The southwestern willow flycatcher breeds in areas from near sea
level to over 2,600 meters (m) (8,500 feet (ft)) in vegetation
alongside rivers, streams, or other wetlands. It establishes nesting
territories, builds nests, and forages in mosaics of relatively dense
and expansive growths of trees and shrubs, near or adjacent to surface
water or underlain by saturated soil. The subspecies eats a wide range
of terrestrial and aquatic invertebrates including flying and ground-
and vegetation-dwelling insects.
We evaluated the subspecies classification and all relevant
stressors under the five factors, including any regulatory mechanisms
and conservation measures addressing these stressors. In our evaluation
of the subspecies classification, we considered information provided in
the petition suggesting that the southwestern willow flycatcher is not
a valid subspecies, reports and literature (including more recent
quantitative data), the professional opinion of a broad group of
ornithological organizations, and additional analyses of recent
flycatcher studies evaluating diagnostic subspecies characteristics. We
found that the southwestern willow flycatcher is a valid subspecies and
that the following threats are acting on the subspecies such that it
continues to meet the definition of an endangered species under the
Act: habitat loss and modification caused by dams and reservoirs,
diversion and groundwater pumping, invasive plants and beetles, river
management, urbanization, agricultural development, livestock grazing
and management, fire and fire management, cowbird parasitism, and
recreation (Factor A); other natural or manmade factors including
drought and the effects of climate change, vulnerability of small or
isolated populations, and genetic effects (Factor E); and cumulative
effects of these threats. The existing regulatory mechanisms are not
adequate to ameliorate these threats (Factor D). Therefore, we find
that removing the southwestern willow flycatcher from the List is not
warranted. A detailed discussion of the basis for this finding can be
found in the southwestern willow flycatcher 12-month finding assessment
and other supporting documents (see ADDRESSES, above).
New Information
We request that you submit any new information concerning the
taxonomy, biology, ecology, status of, or stressors to, the
southwestern willow flycatcher. We further request that you contact us
as soon as possible if new information becomes available suggesting
specimens of beaverpond marstonia have been located. Please contact the
appropriate person, as specified under FOR FURTHER INFORMATION CONTACT,
whenever it becomes available. New information will help us monitor the
species and make appropriate decisions about their conservation and
status. We encourage local agencies and stakeholders to continue
cooperative monitoring and conservation efforts.
References Cited
Lists of the references cited in the petition findings are
available on the internet at http://www.regulations.gov in the dockets
listed above in ADDRESSES and upon request from the appropriate person,
as specified under FOR FURTHER INFORMATION CONTACT.
Authors
The primary authors of this document are the staff members of the
Species Assessment Team, Ecological Services Program.
Authority
The authority for this action is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: December 3, 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. 2017-28163 Filed 12-28-17; 8:45 am]
BILLING CODE 4333-15-P