[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Proposed Rules]
[Pages 63468-63472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22643]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES1111090FEDR 234]
Endangered and Threatened Wildlife and Plants; 90-Day Findings
for Four Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification 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 petitions to add four 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 to list the southern population of bog turtle
(Glyptemys muhlenbergii), Pedernales River Springs salamander (Eurycea
species 1.), ghost orchid (Dendrophylax lindenii), and tall western
penstemon (Penstemon hesperius) 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 are initiating status reviews of these species to
determine whether the petitioned actions are warranted. To ensure that
the status reviews are comprehensive, we request 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 the
petitioned actions are warranted, in accordance with the Act.
DATES: These findings were made on October 19, 2022. As we commence our
status reviews, we seek any new information concerning the status of,
or threats to, the southern population of bog turtle, Pedernales River
Springs salamander, ghost orchid, or tall western penstemon, 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 each of the
petition findings contained in this document are available on https://www.regulations.gov under the appropriate docket number (see table
under SUPPLEMENTARY INFORMATION). In addition, this supporting
information is available 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 southern
population of bog turtle, Pedernales River Springs salamander, ghost
orchid, or tall western penstemon, or their habitats, please provide
those data or information by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://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.'' If your information will fit in
the provided comment box, please use this feature of https://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 https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see Information Submitted for a
Status Review, below).
FOR FURTHER INFORMATION CONTACT:
[[Page 63469]]
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Species common name Contact person
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Bog turtle, southern population... Janet Mizzi, Field Supervisor,
Asheville Ecological Services Field
Office, telephone 828-258-3939,
janet_mizzi@fws.gov.
Pedernales River Springs Michael D. Warriner, Supervisory
salamander. Fish and Wildlife Biologist, Austin
Ecological Services Field Office,
telephone 512-490-0057, x236,
michael_warriner@fws.gov.
Ghost orchid...................... Lourdes Mena, Florida Classification
and Recovery Division Manager,
Florida Ecological Services Field
Office, telephone 904-460-4970,
lourdes_mena@fws.gov.
Tall western penstemon............ Craig Rowland, Acting State
Supervisor, Oregon Fish and
Wildlife Office, telephone 503-231-
6179, craig_rowland@fws.gov.
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Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
Information Submitted for a Status Review
You may submit your comments and materials concerning the status
of, or threats to, the southern population of bog turtle, Pedernales
River Springs salamander, ghost orchid, or tall western penstemon, or
their habitats, by one of the methods listed above in ADDRESSES. We
request that you send comments only by the methods described in
ADDRESSES. 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.
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing these findings, will be available
for public inspection on https://www.regulations.gov.
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 positive 90-day petition finding
does not indicate that the petitioned action is warranted; the finding
indicates only that the petitioned action may be warranted and that a
full review should occur.
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 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
[[Page 63470]]
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).
We note that designating critical habitat is not a petitionable
action under the Act. Petitions to designate critical habitat (for
species without existing critical habitat) are reviewed under the
Administrative Procedure Act and are not addressed in this finding (see
50 CFR 424.14(j)). To the maximum extent prudent and determinable, any
proposed critical habitat will be addressed concurrently with a
proposed rule to list a species, if applicable.
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 https://www.regulations.gov under the
appropriate docket number.
Table--Internet Search Information for Status Reviews for Four Species
Petitioned for Federal Listing
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URL to docket on
Common name Docket No. https://
www.regulations.gov
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Bog turtle, southern FWS-R4-ES-2022-00 https://
population. 42. www.regulations.gov/
docket/FWS-R4-ES-
2022-0042.
Pedernales River Springs FWS-R2-ES-2022-00 https://
salamander. 14. www.regulations.gov/
docket/FWS-R2-ES-
2022-0014.
Ghost orchid.................. FWS-R4-ES-2022-00 https://
41. www.regulations.gov/
docket/FWS-R4-ES-
2022-0041.
Tall western penstemon........ FWS-R1-ES-2022-00 https://
71. www.regulations.gov/
docket/FWS-R1-ES-
2022-0071.
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Evaluation of a Petition To List the Southern Population of Bog Turtle
Species and Range
Bog turtle (southern population of Glyptemys muhlenbergii);
Georgia, North Carolina, South Carolina, Tennessee, Virginia.
Petition History
On January 13, 2022, we received a petition from the Center for
Biological Diversity (CBD), requesting that the southern population of
the bog turtle (Glyptemys muhlenbergii) be listed as a threatened or an
endangered species and critical habitat be designated for this species
under the Act. On April 7, 2022, we received an additional petition
from William Schultz requesting to join the CBD petition and that we
list the southern population as threatened under the Act. Both
petitions clearly identified themselves as such and included the
requisite identification information for the petitioners, required at
50 CFR 424.14(c). This finding addresses these petitions.
Evaluation of Information Summary
In 1997, we listed the northern distinct population segment (DPS)
of bog turtle (62 FR 59605, November 4, 1997). We concluded that the
southern population of bog turtle did not meet the definition of a
threatened or endangered species; however, we listed the southern
population as a threatened species due to similarity of appearance to
the northern population.
After reviewing the current information provided by the
petitioners, we have determined that substantial new information exists
indicating the southern population of bog turtle may warrant listing
under the Act. The petitioners provided credible information indicating
that there are potential threats to the species within the southern
population due to loss and degradation of wetland habitat. The
petitioners also presented information suggesting that threats to the
species include development, vehicles and roads, overutilization (i.e.,
poaching and collection for the pet trade), disease and predation,
invasive species, climate change, succession and lack of wetland
management, and small population size and other biological factors as
well as information suggesting that existing regulatory mechanisms may
be inadequate to address these potential threats. We will fully
evaluate these potential threats during our 12-month status review for
the species.
Finding
We reviewed the petitions, sources cited in the petitions, and
other readily available information. Based on our review of the
petitions and readily available information, we find that the petitions
present substantial scientific or commercial information indicating the
petitioned entity may qualify as a DPS and that listing the southern
population of bog turtle (Glyptemys muhlenbergii) as a threatened or
endangered species may be warranted due to loss and degradation of
wetland habitat (Factor A). The petitioners also presented information
suggesting that development, vehicles and roads, overutilization (i.e.,
collection and poaching), disease and predation, invasive species,
climate change, succession and lack of wetlands management, small
population size and other biological factors may be threats to the
southern population of bog turtle and regulatory mechanisms may be
inadequate to address these potential threats (CBD 2022, pp. 30-49;
Schultz 2022, pp. 3-7). We will fully evaluate these potential threats
during our 12-month status review, pursuant to the Act's requirement to
review the best scientific and commercial information available when
making that finding.
The basis for our finding on these petitions and other information
regarding our overview of the petitions can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-R4-ES-2022-0042 under
the Supporting Documents section.
Evaluation of a Petition To List the Pedernales River Springs
Salamander
Species and Range
Pedernales River Springs salamander (Eurycea species 1.); Texas.
Petition History
On September 20, 2021, we received a petition dated the same, from
Save our Springs Alliance and Wimberley Valley Watershed Association,
requesting that Pedernales River Springs salamander be emergency-listed
as an endangered species or a threatened species and critical habitat
be designated for this species under the Act. The Act does not provide
for a process to petition for 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. 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.
[[Page 63471]]
Evaluation of Information
The petitioner provided credible information indicating there are
potential threats to the Pedernales River Springs salamander due to
water quantity and quality degradation, physical modification of
surface habitat, disease, predation, and limited range. The petitioner
also provided credible information that the existing regulatory
mechanisms may be inadequate to address these potential threats (Factor
D). While we found that the petition provided documentation of one
example of salamanders being stolen from a fish hatchery, there is no
credible information to support overutilization impacts to the
Pedernales River Springs salamander such that the species may warrant
listing.
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 Pedernales River Springs salamander due to potential
threats associated with the following: Water quantity and quality
degradation and physical modification of surface habitat (Factor A);
development activities leading to the introduction of predators and
increased risk of disease (Factor C); and vulnerability due to the
limited range of the species (Factor E).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-R2-ES-2022-0014 under
the Supporting Documents section.
Evaluation of a Petition To List the Ghost Orchid
Species and Range
Ghost orchid (Dendrophylax lindenii); Florida and Cuba.
Previous Federal Actions
On January 24, 2022, we received a petition from The Institute for
Regional Conservation, the National Parks Conservation Association, and
CBD requesting that the ghost orchid be listed as a threatened species
or 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.
Evaluation of Information Summary
The petitioner provided credible information indicating past and
current threats to individuals of the species within multiple
subpopulations due to habitat destruction and alteration through
hydrological change (Factor A) and other natural or manmade factors
such as hurricanes (Factor E). The petition also provided information
about threats from recreation and competition from invasive plants
(Factor A); poaching and overutilization of recreational areas (Factor
B); pest insects (Factor C); sea level rise (Factor E); and overall
declining subpopulation numbers (Factor E), although these claims were
not evaluated for this finding. The petition also claimed that the
existing regulatory mechanisms may be inadequate to address these
potential threats (Factor D). We found that the petition provided
documentation of potential threats currently occurring within the range
of the ghost orchid, and these threats are likely to impact not only
individual orchids but also multiple subpopulations, particularly with
regard to changes in hydrology.
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 ghost orchid due to potential threats associated with
habitat destruction and alteration through hydrological change. The
petitioners also presented additional information regarding threats due
to recreation and competition from invasive plants; poaching and
overutilization of recreational areas; pest insects; and sea level rise
and hurricanes. We will fully evaluate these other 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
https://www.regulations.gov under Docket No. FWS-R4-ES-2022-0041 under
the Supporting Documents section.
Evaluation of a Petition To List the Tall Western Penstemon
Species and Range
Tall western penstemon (Penstemon hesperius) is an herbaceous
perennial flowering plant found in wetlands in Washington County,
Oregon, and Clark County, Washington.
Petition History
On December 4, 2020, we received a petition dated December 3, 2020,
from CBD and the Native Plant Society of Oregon, requesting that tall
western penstemon be listed as a threatened species or 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.
Evaluation of Information
Tall western penstemon is a valid recognized taxon (Hitchcock and
Cronquist 2018, p. 461) with a limited range in Washington County,
Oregon, and Clark County, Washington. The species is currently known
from five sites, all of which occur on protected public lands. One
small population appears to have been extirpated in 2009 as part of a
road-widening project (Maffit 2012, p. 49). Although some additional
populations may still exist outside of protected sites, any such
populations would be vulnerable to ongoing development. The full
historical range of the species is unknown, although substantially more
suitable habitat likely occurred prior to large-scale habitat
alteration for agriculture and urbanization in the Portland-Vancouver
Metropolitan Area. Although the narrow range and limited number of
populations of tall western penstemon on their own do not necessarily
indicate that the species may be at risk of extinction now or in the
foreseeable future, the petition presents substantial information
indicating that the species faces ongoing potential risks associated
with habitat alteration and conversion (Factor A), invasive species
(Factor A), genetic isolation (Factor E), and climate change (Factor
E).
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. Based on our review of the petition
regarding habitat loss or alteration due to wetland development and
conversion to agriculture (Factor A), habitat alteration by invasive
species (Factor A), effects of climate change (Factor E), and the
possible inadequacy of existing regulatory mechanisms to address these
threats (Factor D), we find that the petition presents substantial
scientific or commercial information indicating that listing the tall
western penstemon as a threatened or endangered species
[[Page 63472]]
may be warranted. We will fully evaluate these 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
https://www.regulations.gov under Docket No. FWS-R1-ES-2022-0071 under
the Supporting Documents section.
Conclusion
On the basis of our evaluation of the information presented in the
petitions under section 4(b)(3)(A) of the Act, we have determined that
the petitions summarized above for the southern population of bog
turtle, Pedernales River Springs salamander, ghost orchid, and tall
western penstemon 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.).
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-22643 Filed 10-18-22; 8:45 am]
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