North Florida Ecological Services Office
Southeast Region

Frequently Asked Questions
12-month Warranted but Precluded Finding on Petition
to List the Striped Newt (Notophthalmus perstriatus) as Threatened

Updated: June 7, 2011

Q1: What is a petition?

A1: A petition is a request filed under the Endangered Species Act (ESA) by an interested party asking that a species be listed on, delisted from, or reclassified on the federal List of Endangered and Threatened Wildlife and Plants, and/or a critical habitat designation be revised.

Q2: What is a 12-month Finding?

A2: Section 4(b) of the ESA requires the Service to make a finding on whether a petition presents substantial scientific or commercial information to indicate that the petitioned action may be warranted; this is referred to as a 90-day finding.  If the Service finds the petitioned action may be warranted, the ESA requires the Service to initiate a formal review to determine if listing of the species is warranted and, if so, how it intends to proceed with the requested listing.  This second determination is referred to as a 12-month finding and is normally made 12-months following the receipt of the petition.

Q3: Who petitioned the Service and what did they request?

A3: On July 14, 2008, the Service received a petition dated July 10, 2008, from Dr. D. Bruce Means, Ryan C. Means, and Rebecca P. M. Means of the Coastal Plains Institute and Land Conservancy requesting that the striped newt be listed as threatened under the ESA.  The petitioners included supporting information related to the request.

Q4: What did the Service conclude?

A4:  After a thorough review of best available scientific and commercial information, the Service found that listing of the striped newt as threatened under the ESA is warranted. Currently, however, listing the striped newt is precluded by higher priority listing actions.

Q5: What did the Service consider in reaching its conclusion and finding?

A5: In making this finding, the Service conducted a thorough status review using the best available scientific and commercial information in accordance with the Code of Federal Regulations (CFR): 50 CFR 424.14(c).  This included any new data or information provided during the public comment period.

Q6: What led the Service to reach this finding?

A6: The Service’s 12-month finding considers whether a species is threatened by any of the five factors and evaluates whether the species responds to those potential threats in a way that causes actual effects to the species.  This status review identified threats to the striped newt attributable to Factor A, habitat destruction and loss; Factor C, disease and predation; Factor D, inadequate regulatory mechanisms; and Factor E, other natural or manmade factors, such as droughts. 

Q7: What is the next step?

A7: While the Service found the petitioned action, listing the striped newt, was warranted; sufficient funds are not yet available to initiate the action due to higher priority listing actions The Service intends to initiate rulemaking when it completes the higher priorities and has the necessary resources to do so. In the interim, the striped newt will be added to the list of candidate species and will be evaluated yearly for change in status.

Q8: What are some of the recovery efforts being undertaken for the striped newt?

A8: The Service will continue to work with its partners to promote conservation and management of the striped newt throughout its range. These efforts have included range-wide surveys and appropriate land management when needed.  The Service’s ultimate goal, which is shared by many state wildlife agencies, private organizations, and individuals is to intervene and successfully address the needs of candidate species so that listing is no longer needed.

Q9: Will the public have an opportunity to comment on a future proposal to list the striped newt?

A9: Yes.  Any future change in the listing of the striped newt will include a proposed rulemaking process with ample opportunity for public review and comment. 

Q10: Where can I find more information on current and future actions related to the striped newt and the status review?

A10: Visit the Service’s web site at http://www.fws.gov/northflorida.

Notice of Finding

Literature Cited

News Release

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Last updated: May 1, 2013