[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Proposed Rules]
[Pages 44265-44267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15154]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES11110900000201]
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 Plants 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 Las Vegas bearpoppy (Arctomecon californica) and Tiehm's buckwheat
(Eriogonum tiehmii) to determine whether the petitioned actions are
warranted. To ensure that the status reviews are comprehensive,
[[Page 44266]]
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 July 22, 2020. 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 we
receive during the course of our status reviews will be considered.
ADDRESSES: Supporting documents: Summaries of the basis 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
------------------------------------------------------------------------
Las Vegas bearpoppy.......... Glen Knowles, 702-515-5230;
glen_knowles@fws.gov.
Tiehm's buckwheat............ Lee Ann Carranza, 775-861-6300; lee
ann_carranza@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 (Lists or List) in 50 CFR part 17.
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a 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);
and
(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
[[Page 44267]]
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 http://
Common name Docket No. www.regulations.gov
----------------------------------------------------------------------------------------------------------------
Las Vegas bearpoppy...................... FWS-R8-ES-2020-0016 https://www.regulations.gov/docket?D=FWS-R8-ES-2020-0016.
Tiehm's buckwheat........................ FWS-R8-ES-2020-0017 https://www.regulations.gov/docket?D=FWS-R8-ES-2020-0016.
----------------------------------------------------------------------------------------------------------------
Evaluation of a Petition To List the Las Vegas Bearpoppy
Species and Range
Las Vegas bearpoppy (Arctomecon californica); Clark County, Nevada,
and Mohave County, Arizona.
Petition History
On August 14, 2019, we received a petition from the Center for
Biological Diversity requesting that the Las Vegas bearpoppy be listed
as endangered and that 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,
as required at 50 CFR 424.14(c). This finding addresses the petition.
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 Las Vegas bearpoppy due to potential threats
associated with the following: Urbanization, mining, grazing, and
recreation (Factor A); and nonnative bees (including Africanized) and
climate change (Factor E). The petition also presented substantial
information 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-R8-ES-2020-0016 under
the Supporting Documents section.
Evaluation of a Petition To List Tiehm's Buckwheat
Species and Range
Tiehm's buckwheat (Eriogonum tiehmii); Esmeralda County, Nevada.
Petition History
On October 7, 2019, we received a petition from the Center for
Biological Diversity, requesting that Tiehm's buckwheat be emergency
listed as threatened or endangered 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, as required at 50 CFR 424.14(c). The Act does not provide
for a process to petition emergency listing; therefore, we are
evaluating this petition under the normal process of determining if it
presents substantial scientific or commercial information indicating
that the petitioned action may be warranted. This finding addresses the
petition.
Finding
Based on our review of the petition and sources cited in the
petition, and other readily available information, we find that the
petition presents substantial scientific or commercial information
indicating that the petitioned action may be warranted for Tiehm's
buckwheat due to the potential destruction of habitat from mining
(Factor A). The petitioners also presented information suggesting
invasive species, off-road vehicles, wildfires, climate change, and
grazing may be threats to Tiehm's buckwheat. We will fully evaluate
these potential threats during our 12-month status review, pursuant to
the Act's requirement to consider the best available scientific
information when making that finding.
The basis for our finding on this petition, and other information
regarding our review of this petition, can be found as an appendix at
http://www.regulations.gov under Docket No. FWS-R8-ES-2020-0017 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 Las Vegas
bearpoppy and Tiehm's buckwheat 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.).
Aurelia Skipwith,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-15154 Filed 7-21-20; 8:45 am]
BILLING CODE 4333-15-P