[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Proposed Rules]
[Pages 32900-32903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13288]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS-HQ-ES-2014-0012; FWS-HQ-ES-2014-0013; FWS-HQ-ES-2014-
0014; 450 003 0115]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
Petitions To List Two Tortoises as Endangered or Threatened and and a
Sloth as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice 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 two petitions to list two species (Flat-tailed tortoise
(Pyxis planicauda) and Spider tortoise (Pyxis arachnoides)) as
endangered or threatened and one petition to list one species (Pygmy
three-toed sloth (Bradypus pygmaeus)) as endangered under the
Endangered Species Act of 1973, as amended (Act). Based on our review,
we find that these petitions present substantial scientific or
commercial information indicating that the petitioned actions may be
warranted. Therefore, with the publication of this document, we are
initiating a review of the status of these species to determine if the
petitioned actions are warranted. To assure that the best scientific
and commercial data informs the status review and, if warranted, the
subsequent listing determinations, and to provide an opportunity for
all interested parties to provide information for consideration for the
status assessment, we are requesting information regarding these
species (see Request for Information, below). Based on the status
reviews, we will issue 12-month findings on the petitions, which will
address whether
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the petitioned action is warranted, as provided in section 4(b)(3)(B)
of the Act.
DATES: To allow us adequate time to conduct these status reviews, we
request that we receive information no later than September 8, 2014.
Information submitted electronically using the Federal eRulemaking
Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern
Time on the closing date.
ADDRESSES: You may submit 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, 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
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
below]; Division of Policy and Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA
22203.
We request that you send information only by the methods described
above. We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Request for Information).
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Species Docket No.
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Flat-tailed tortoise (Pyxis FWS-HQ-ES-2014-0012
planicauda).
Spider tortoise (Pyxis arachnoides) FWS-HQ-ES-2014-0013
Pygmy three-toed sloth (Bradypus FWS-HQ-ES-2014-0014
pygmaeus).
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FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of
Foreign Species, Ecological Services Program, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203;
telephone 703-358-2171; facsimile 703-358-1735. 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
When we make a finding that a petition presents substantial
information indicating that listing a species may be warranted, we are
required to promptly 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 range countries, governmental agencies, the scientific
community, industry, and any other interested parties. We seek
information on:
(1) Each 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
determination for a species under section 4(a)(1) 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'').
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 this finding will be available for you to review at http://www.regulations.gov, or you may make an appointment during normal
business hours at the U.S. Fish and Wildlife Service's Branch of
Foreign Species (see 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 a species presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted. We are to base this finding on information provided in the
petition and supporting information submitted with the petition. 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 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
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 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. A species may be determined to be
an endangered or threatened species due to one or more of the five
factors described in section 4(a)(1) of the Act (see Request for
Information).
In considering what factors might constitute threats, we must look
beyond the exposure of the species to a factor to evaluate whether the
species may respond to the factor in a way that causes actual impacts
to the species. If
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there is exposure to a factor and the species responds negatively, the
factor may be a threat and, during the status review, we attempt to
determine how significant a threat it is. The threat is significant if
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. However, the identification of
factors that could impact 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 factors may be operative threats that act on the
species to the point that the species may meet the definition of
endangered or threatened under the Act.
Review of Petition To List the Flat-Tailed Tortoise as Endangered or
Threatened Under the Act
Additional information regarding our review of this petition can be
found at http://www.regulations.gov under Docket No. FWS-HQ-ES-2014-
0012 in the document labeled Appendix for the flat-tailed tortoise.
Species and Range
The flat-tailed tortoise (Pyxis planicauda) is endemic to
Madagascar.
Petition History
On September 27, 2013, we received a petition from Friends of
Animals and WildEarth Guardians, requesting that the flat-tailed
tortoise be listed as endangered or threatened under the Act. The
petition clearly identified itself as such and included the
identification information for the petitioner required at 50 CFR
424.14(a). On October 25, 2013, we sent a response letter to the
Petitioner acknowledging receipt of the petition. This finding
addresses the petition.
Finding
Based on our review of the information provided in the petition and
in the 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 flat-tailed
tortoise based on factors A and E (see Appendix for the flat-tailed
tortoise). Thus, for the flat-tailed tortoise, the Service requests
information on the five listing factors under section 4(a)(1) of the
Act (see Request for Information).
Review of Petition To List the Spider Tortoise as Endangered or
Threatened Under the Act
Additional information regarding our review of this petition can be
found at http://www.regulations.gov under Docket No. FWS-HQ-ES-2014-
0013 in the document labeled Appendix for the spider tortoise.
Species and Range
The spider tortoise (Pyxis arachnoides) is endemic to Madagascar.
Petition History
On September 27, 2013, we received a petition from Friends of
Animals and WildEarth Guardians, requesting that the spider tortoise be
listed as endangered or threatened under the Act. The petition clearly
identified itself as such and included the identification information
for the petitioner required at 50 CFR 424.14(a). On October 25, 2013,
we sent a response letter to the Petitioner acknowledging receipt of
the petition. This finding addresses the petition.
Finding
Based on our review of the information provided in the petition and
in the 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 spider tortoise
based on factors A, B, D, and E (see Appendix for the spider tortoise).
Thus, for the spider tortoise, the Service requests information on the
five listing factors under section 4(a)(1) of the Act (see Request for
Information).
Review of Petition To List the Pygmy Three-Toed Sloth as Endangered
Under the Act
Additional information regarding our review of this petition can be
found at http://www.regulations.gov under Docket No. FWS-HQ-ES-2014-
0014 in the document labeled Appendix for the pygmy three-toed sloth.
Species and Range
The pygmy three-toed sloth (Bradypus pygmaeus) is endemic to Panama
on the island of Isla Escudo de Veraguas (Isla Escudo).
Petition History
On November 15, 2013, we received a petition from the Animal
Welfare Institute requesting that we emergency-list the pygmy three-
toed sloth as endangered under the Act. The petition clearly identified
itself as such and included the identification information for the
petitioner required by 50 CFR 424.14(a). In a December 4, 2013, letter
to the petitioner, we responded that we reviewed the information
presented in the petition and did not find that the species warranted
an emergency listing. This finding addresses the petition.
Finding
Based on our review of the information provided in the petition and
in the 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 pygmy three-toed
sloth based on factors A, B, C, and E (see Appendix for the pygmy
three-toed sloth). Thus, for the pygmy three-toed sloth, the Service
requests information on the five listing factors under section 4(a)(1)
of the Act (see Request for Information).
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 three
petitions summarized above present substantial scientific or commercial
information indicating that the requested actions may be warranted, and
we are initiating status reviews to determine whether these actions are
warranted under the Act. At the conclusion of the status reviews, we
will issue 12-month findings in accordance with section 4(b)(3)(B) of
the Act, as to whether or not listing is warranted.
It is important to note that the ``substantial information''
standard for a 90-day finding differs from the Act's ``best scientific
and commercial data'' standard that applies to a status review to
determine whether a petitioned action is warranted. A 90-day finding
does not constitute a status review under the Act. In a 12-month
finding, we will determine whether a petitioned action is warranted
after we have completed a thorough review of the species. Because the
Act's standards for 90-day and 12-month findings are different, as
described above, a substantial 90-day finding does not mean that the
12-month finding will result in a warranted finding.
References Cited
On http://www.regulations.gov, the docket for each species (see
table under ADDRESSES) contains the relevant appendix and petition
mentioned above. Each appendix contains a list of references cited.
Each appendix is also available upon request from the Branch of Foreign
Species (see FOR FURTHER INFORMATION CONTACT).
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Author
The primary author of this document is Amy Brisendine, Branch of
Foreign Species, Ecological Services Program, U.S. Fish and Wildlife
Service (see FOR FURTHER INFORMATION CONTACT).
Authority
The authority for these actions is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: May 27, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-13288 Filed 6-6-14; 8:45 am]
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