[Federal Register Volume 84, Number 244 (Thursday, December 19, 2019)]
[Proposed Rules]
[Pages 69713-69715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27338]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[4500030115]
Endangered and Threatened Wildlife and Plants; 90-Day Findings
for Two Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition findings and initiation of status reviews.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on two petitions to add species to the List of Endangered
and Threatened Wildlife 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. Therefore, with the publication of
this document, we announce that we plan to initiate status reviews of
the Bethany Beach firefly (Photuris bethaniensis) and Gulf Coast
solitary bee (Hesperapis oraria) to determine whether the petitioned
actions are warranted. To ensure that the status reviews are
comprehensive, we are requesting scientific and commercial data and
other information regarding the species and factors that may affect
their status. Based on the status reviews, we will issue 12-month
petition findings, which will address whether or not the petitioned
actions are warranted, in accordance with the Act.
DATES: These findings were made on December 19, 2019. As we commence
our status reviews, we seek any new information concerning the status
of, or threats to, the species or their habitats. Any information
received during the course of our status reviews will be considered.
ADDRESSES: Supporting documents: 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). In addition, this supporting
information is available for public inspection, by appointment, during
normal business hours by contacting the appropriate person, as
specified in FOR FURTHER INFORMATION CONTACT.
Status reviews: If you have new scientific or commercial data or
other information concerning the status of, or threats to, the species
for which we are initiating status reviews, please provide those data
or 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:
JAO/1N, 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.
FOR FURTHER INFORMATION CONTACT:
------------------------------------------------------------------------
Species common name Contact person
------------------------------------------------------------------------
Bethany Beach firefly.................. Krishna Gifford, 413-253-8619;
krishna_gifford@fws.gov.
Gulf Coast solitary bee................ Sean Blomquist, 850-769-0552;
sean_blomquist@fws.gov.
------------------------------------------------------------------------
If you use a telecommunications device for the deaf, please call
the Federal Relay Service 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 species to, removing species
from, or reclassifying species on the Federal Lists of Endangered and
Threatened Wildlife and Plants (List or Lists) in 50 CFR part 17.
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a
[[Page 69714]]
petition to add a species to the List (i.e., ``list'' a species),
remove a species from the List (i.e., ``delist'' a species), or change
a listed species' status from endangered to threatened or from
threatened to endangered (i.e., ``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.
Our regulations establish that substantial scientific or commercial
information with regard to a 90-day petition finding refers to
``credible scientific or commercial information in support of the
petition's claims such that a reasonable person conducting an impartial
scientific review would conclude that the action proposed in the
petition may be warranted'' (50 CFR 424.14(h)(1)(i)).
A species may be determined to be an endangered species or a
threatened species because of one or more of the five factors described
in section 4(a)(1) of the Act (16 U.S.C. 1533(a)(1)). 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. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to, or are reasonably likely to, affect
individuals of a species negatively. The term ``threat'' includes
actions or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself. However, the mere
identification of any threat(s) 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 are expected to 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 under the Act. If we
find that a petition presents substantial scientific or commercial
information indicating that the petitioned action may be warranted, the
Act requires that we 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 basis for each finding, along with supporting
information, is available on http://www.regulations.gov under the
appropriate docket number.
Table: Status Reviews
------------------------------------------------------------------------
URL to Docket on
Common name Docket No. http://www.regulations.gov
------------------------------------------------------------------------
Bethany Beach firefly......... FWS-R5-ES-2019-00 https://
88. www.regulations.gov/
docket?D=FWS-R5-ES-
2019-0088.
Gulf Coast solitary bee....... FWS-R4-ES-2019-00 https://
89. www.regulations.gov/
docket?D=FWS-R4-ES-
2019-0089.
------------------------------------------------------------------------
Evaluation of a Petition To List the Bethany Beach Firefly
Species and Range
Bethany Beach firefly (Photuris bethaniensis); Sussex County,
Delaware.
Petition History
On May 15, 2019, we received a petition from the Center for
Biological Diversity and Xerces Society for Invertebrate Conservation
requesting that the Bethany Beach firefly be listed as endangered or
threatened and 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 petitioner, required
at 50 CFR 424.14(c). This finding addresses whether the petition
presents substantial information indicating the petitioned action may
be warranted.
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 the petitioned action may be
warranted for the Bethany Beach firefly due to potential threats
associated with the following: Habitat loss, degradation, or
modification (via urban development, wetland conversion, and habitat
fragmentation) (Factor A); overutilization for recreational purposes
(Factor B); and other natural or manmade factors (via light pollution,
invasive species, pesticide use, and the effects of climate change (sea
level rise, increased incidence of severe storms, and increased
temperature and phenology changes)) (Factor E). The petition also
presented substantial information indicating that the existing
regulatory mechanisms may be inadequate to address impacts of these
threats (Factor D).
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://
[[Page 69715]]
www.regulations.gov under Docket No. FWS-R5-ES-2019-0088 under the
Supporting Documents section.
Evaluation of a Petition To List the Gulf Coast Solitary Bee
Species and Range
Gulf Coast solitary bee (Hesperapis oraria); Jackson County,
Mississippi; Mobile and Baldwin Counties, Alabama; Escambia, Okaloosa,
Walton, Santa Rosa, and Bay Counties, Florida.
Petition History
On April 2, 2019, we received a petition dated March 27, 2019, from
the Center for Biological Diversity, requesting that the Gulf Coast
solitary bee be listed as endangered or threatened and 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 petitioner, required at 50 CFR 424.14(c). This
finding addresses whether the petition presents substantial information
indicating the petitioned action may be warranted.
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 the petitioned action may be
warranted for the Gulf Coast solitary bee due to potential threats
associated with the following: Effects from climate change, pesticide
spraying, and urbanization (Factor A); and loss of pollination
mutualism (Factor E). The petition also presented substantial
information indicating that the existing regulatory mechanisms may be
inadequate to address impacts of these threats (Factor D).
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-2019-0089 under
the Supporting Documents section.
Conclusion
On the basis of our evaluation of the information presented in the
petitions under sections 4(b)(3)(A) and 4(b)(3)(D)(i) of the Act, we
have determined that the petitions summarized above for the Bethany
Beach firefly and Gulf Coast solitary bee present substantial
scientific or commercial information indicating that the petitioned
actions may be warranted. We are, therefore, initiating status reviews
of these species to determine whether the actions are warranted under
the Act. At the conclusion of the status reviews, we will issue
findings, in accordance with section 4(b)(3)(B) of the Act, as to
whether the petitioned actions are not warranted, warranted, or
warranted but precluded by pending proposals to determine whether any
species is an endangered species or a threatened species.
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: December 5, 2019.
Margaret E. Everson,
Principal Deputy Director, U.S. Fish and Wildlife Service, Exercising
the Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2019-27338 Filed 12-18-19; 8:45 am]
BILLING CODE 4333-15-P