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
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