[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Proposed Rules]
[Pages 15637-15639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05946]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES11110900000 212]
Endangered and Threatened Wildlife and Plants; 90-Day Findings
for Three Species
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 three petitions to add species to the Lists of
Endangered and Threatened Wildlife and 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 Rio Grande shiner (Notropis
jemezanus), Shasta snow-wreath (Neviusia cliftonii), and threecorner
milkvetch (Astragalus geyeri var. triquetrus) 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 March 24, 2021. 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).
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 to: Public Comments
Processing, Attn: [Insert appropriate docket number; see table under
SUPPLEMENTARY INFORMATION], U.S. Fish and Wildlife Service, MS: PRB/3W,
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:
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Species common name Contact person
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Rio Grande shiner...................... Andy Dean, 505-342-9900 x112,
andy_dean@fws.gov.
Shasta snow-wreath..................... Jenny Ericson, 503-841-3114,
jenny_ericson@fws.gov.
Threecorner milkvetch.................. Glen Knowles, 702-515-5230;
glen_knowles@fws.gov.
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[[Page 15638]]
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 effects of the threats on the species as a whole. We also
consider the cumulative effects 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
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URL to Docket on
Common name Docket No. http://www.regulations.gov
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Rio Grande shiner............. FWS-R2-ES-2020-00 https://
54. www.regulations.gov/
docket?D=FWS-R2-ES-
2020-0054.
Shasta snow-wreath............ FWS-R8-ES-2020-00 https://
55. www.regulations.gov/
docket?D=FWS-R8-ES-
2020-0055.
Threecorner milkvetch......... FWS-R8-ES-2020-00 https://
56. www.regulations.gov/
docket?D=FWS-R8-ES-
2020-0056.
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Evaluation of a Petition To List the Rio Grande Shiner
Species and Range
Rio Grande shiner (Notropis jemezanus); New Mexico, Texas, and
Mexico.
Petition History
On January 23, 2020, we received a petition dated January 21, 2020,
from WildEarth Guardians requesting that the Rio Grande shiner be
listed as an endangered species 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 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 that the petitioned action may be
warranted for the Rio Grande shiner due to potential threats associated
with the following: Dewatering, habitat fragmentation,
[[Page 15639]]
changes in stream morphology and flow regimes, and water quality
degradation (Factor A); predation from nonnative species (Factor C);
and climate change, human population growth, and small isolated
populations (Factor E). The petition also presented substantial
information that the existing regulatory mechanisms may be inadequate
to address impacts of these threats (Factor D). We will fully evaluate
all potential threats during our 12-month status review, pursuant to
the Act's requirement to review the best available scientific
information when making that finding.
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-R2-ES-2020-0054 under
the Supporting Documents section.
Evaluation of a Petition To List the Shasta Snow-Wreath
Species and Range
Shasta snow-wreath (Neviusia cliftonii); Shasta County, California.
Petition History
On October 3, 2019, we received a petition dated September 30,
2019, from Kathleen S. Roche and the California Native Plant Society,
requesting that Shasta snow-wreath (Neviusia cliftonii) 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 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 that the petitioned action may be
warranted for the Shasta snow-wreath due to potential threats under
Factor A, including impacts of: Raising Shasta Dam and related
activities; ongoing activities, such as mining, logging, and road or
trail maintenance; invasive species; and habitat changes, such as
landslides and soil slumping. The petition also presented substantial
information that the existing regulatory mechanisms may be inadequate
to address impacts of these threats (Factor D). We will fully evaluate
all potential threats during our 12-month status review, pursuant to
the Act's requirement to review 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-2020-0055 under
the Supporting Documents section.
Evaluation of a Petition To List the Threecorner Milkvetch
Species and Range
Threecorner milkvetch (Astragalus geyeri var. triquetrus); Clark
and Lincoln Counties, Nevada; Mohave County, Arizona.
Petition History
On April 25, 2019, we received a petition dated April 25, 2019,
from Basin and Range Watch and Western Watersheds Project, requesting
that the threecorner milkvetch 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, 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, we find that the petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted for the threecorner milkvetch due to potential threats
associated with energy development, utility infrastructure, and weedy
invasive plants (Factor A). The petition also presented substantial
information that the existing regulatory mechanisms may be inadequate
to address impacts of these threats (Factor D). The petition also
presented information suggesting livestock grazing, off-highway vehicle
use, urban development, increased recreation and visitor use in parks,
drought, and habitat fragmentation may be threats to the threecorner
milkvetch. We will fully evaluate all potential threats during our 12-
month status review, pursuant to the Act's requirement to review the
best available scientific information when making that finding.
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-2020-0056 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 Rio Grande
shiner, Shasta snow-wreath, and threecorner milkvetch 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.).
Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-05946 Filed 3-23-21; 8:45 am]
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