[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Proposed Rules]
[Pages 47839-47843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15621]
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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; Two Species Not
Warranted for Listing as Endangered or Threatened Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of findings.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce
findings that two species are not warranted for listing as endangered
or threatened species under the Endangered Species Act of 1973, as
amended (Act). After a thorough review of the best available scientific
and commercial information, we find that it is not warranted at this
time to list the Illinois chorus frog (Pseudacris illinoensis) and
Venus flytrap (Dionaea muscipula). However, we ask the public to submit
to us at any time any new information relevant to the status of any of
the species mentioned above or their habitats.
DATES: The findings in this document were made on July 25, 2023.
ADDRESSES: Detailed descriptions of the bases for these findings are
available on the internet at https://www.regulations.gov under the
following docket numbers:
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Species Docket No.
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Illinois chorus frog...................... FWS-R3-ES-2023-0040
Venus flytrap............................. FWS-R4-ES-2023-0041
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Those descriptions are also available by contacting the appropriate
person as specified under FOR FURTHER INFORMATION CONTACT. Please
submit any new information, materials, comments, or questions
concerning this finding to the appropriate person, as specified under
FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
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Species Contact information
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Illinois chorus frog...................... Kraig McPeak, Field
Supervisor, Illinois and
Iowa Ecological Services
Field Office,
[email protected], 309-
757-5800.
Venus flytrap............................. Dale Suiter, Botanist,
Raleigh Ecological Services
Field Office,
[email protected], 919-
856-4520.
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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:
Background
Under section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), we
are required to make a finding on whether or not a petitioned action is
warranted within 12 months after receiving any petition that we have
determined contains substantial scientific or commercial information
indicating that the petitioned action may be warranted (hereafter a
``12-month finding''). We must make a finding that the petitioned
action is: (1) Not warranted; (2) warranted; or (3) warranted but
precluded by other listing activity. We must publish a notification of
these 12-month findings in the Federal Register.
Summary of Information Pertaining to the Five Factors
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations at part 424 of title 50 of the Code of Federal Regulations
(50 CFR part 424) set forth procedures for adding species to, removing
species from, or reclassifying species on the Lists of Endangered and
Threatened Wildlife and Plants (Lists). The Act defines ``species'' as
including any subspecies of fish or wildlife or plants, and any
distinct population segment of any species of vertebrate fish or
wildlife which interbreeds when mature (16 U.S.C. 1532(16)). The Act
defines ``endangered species'' as any species that is in danger of
extinction throughout all or a significant portion of its range (16
U.S.C. 1532(6)), and ``threatened species'' as any species that is
likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range (16 U.S.C.
1532(20)). Under section 4(a)(1) of the Act, a species may be
determined to be an endangered species or a threatened species because
of any of the following five factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
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 negatively
affect individuals of a species. 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) does not necessarily mean that the
species meets the statutory definition of an ``endangered species'' or
a ``threatened species.'' In determining whether a species meets either
definition, we must evaluate all identified threats by considering the
expected response by the species, and the effects of the threats--in
light of those actions and conditions that will ameliorate the
threats--on an individual, population, and species level. We evaluate
each threat and its expected effects on the species, then analyze the
cumulative effect of all 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 will have positive effects on the species,
such as any existing regulatory mechanisms or conservation efforts. The
Secretary determines whether the species meets the Act's definition of
an
[[Page 47840]]
``endangered species'' or a ``threatened species'' only after
conducting this cumulative analysis and describing the expected effect
on the species now and in the foreseeable future.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d), as revised in 2019, set
forth a framework for evaluating the foreseeable future on a case-by-
case basis. The term ``foreseeable future'' extends only so far into
the future as we can reasonably determine that both the future threats
and the species' responses to those threats are likely. In other words,
the foreseeable future is the period of time in which we can make
reliable predictions. ``Reliable'' does not mean ``certain''; it means
sufficient to provide a reasonable degree of confidence in the
prediction. Thus, a prediction is reliable if it is reasonable to
depend on it when making decisions.
It is not always possible or necessary to define foreseeable future
as a particular number of years. Analysis of the foreseeable future
uses the best scientific and commercial data available and should
consider the timeframes applicable to the relevant threats and to the
species' responses to those threats in view of its life-history
characteristics. Data that are typically relevant to assessing the
species' biological response include species-specific factors such as
lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
In conducting our evaluation of the five factors provided in
section 4(a)(1) of the Act to determine whether the Illinois chorus
frog and Venus flytrap meet the Act's definition of ``endangered
species'' or ``threatened species,'' we considered and thoroughly
evaluated the best scientific and commercial information available
regarding the past, present, and future stressors and threats. We
reviewed the petitions, information available in our files, and other
available published and unpublished information for all these species.
Our evaluation may include information from recognized experts;
Federal, State, and Tribal governments; academic institutions; foreign
governments; private entities; and other members of the public.
In accordance with the regulations at 50 CFR 424.14(h)(2)(i), this
document announces the not-warranted findings on petitions to list two
species. We have also elected to include brief summaries of the
analyses on which these findings are based. We provide the full
analyses, including the reasons and data on which the findings are
based, in the decisional file for each of the two actions included in
this document. The following is a description of the documents
containing these analyses:
The species assessment forms for Illinois chorus frog and Venus
flytrap contain more detailed biological information, a thorough
analysis of the listing factors, a list of literature cited, and an
explanation of why we determined that each species does not meet the
Act's definition of an ``endangered species'' or a ``threatened
species.'' To inform our status reviews, we completed species status
assessment (SSA) reports for the Illinois chorus frog and the Venus
flytrap. Each SSA contains a thorough review of the taxonomy, life
history, ecology, current status, and projected future status for each
species. This supporting information can be found on the internet at
https://www.regulations.gov under the appropriate docket number (see
ADDRESSES, above).
Illinois Chorus Frog
Previous Federal Actions
On July 11, 2012, we received a petition from the Center for
Biological Diversity (CBD) and others to list 53 species of amphibians
and reptiles, including the Illinois chorus frog, as endangered or
threatened species under the Act. On July 1, 2015, we published a 90-
day finding in the Federal Register (80 FR 37568) concluding that the
petition presented substantial scientific or commercial information
indicating that listing the Illinois chorus frog may be warranted. On
February 27, 2020, CBD filed a complaint alleging, amongst other
things, that the Service failed to make the statutorily required 12-
month findings for 241 species, including the Illinois chorus frog. On
May 4, 2022, the court approved a settlement agreement between CBD and
the Service to deliver a 12-month finding to the Federal Register on or
before September 28, 2023. This document constitutes our 12-month
finding on the July 11, 2012, petition to list the Illinois chorus frog
under the Act.
Summary of Finding
The Illinois chorus frog is a member of the ``Fat Frog'' clade of
North American chorus frogs that occurs in remnant sand prairie and
sandy alluvial deposits in west-central Illinois, southeastern
Missouri, and northeastern Arkansas. The species was first described as
a subspecies of Strecker's chorus frog from Morgan County, Illinois.
The Illinois chorus frog was subsequently suggested for recognition as
a full species, although continuing genetic and morphological studies
have failed to fully resolve its taxonomic status. We will use the
species designation hereafter, as the Illinois chorus frog is
recognized as a distinct species by the current taxonomic authorities
and the States in which the species occurs.
The Illinois chorus frog is dependent on both aquatic and
terrestrial habitats for survival and reproduction. Aquatic habitats--
used by egg and tadpole life stages for rearing and adult life stages
for breeding--are typically ephemeral wetlands that retain water from
mid-February through mid-June and have limited abundances of egg and
tadpole predators. Terrestrial life-stages of Illinois chorus frogs are
closely associated with remnant sand prairies, sand savannas, or other
deposits of sand and sandy soils. Sand is critical for the burrowing
nature of the frog, as individuals actively select sand substrates and
are unable to burrow in sod or other moderately compacted soils.
Burrows are used to mitigate desiccation risk and to overwinter below
the frost line. Suitable aquatic breeding and terrestrial non-breeding
habitats must occur within close proximity to allow for the species to
complete its life cycle.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Illinois chorus frog, and we evaluated all relevant factors
under the five listing factors, including any regulatory mechanisms and
conservation measures addressing these threats. The primary threats
affecting the Illinois chorus frog's biological status include habitat
loss and climate change. We also examined a number of other factors
including flooding, agricultural chemicals, sand mining, and disease,
but these factors did not rise to such a level that affected the
species as a whole.
Despite impacts from the primary stressors and some declines in
extent of area historically occupied, the Illinois chorus frog
currently occupies 878,282 acres (3,554 square kilometers) in 31
analysis units. Of the 31 analysis units, 7 healthy analysis units
encompass 85 percent of the known historical range and 92 percent of
breeding sites within two of the three representation units (areas that
contain potentially unique adaptive diversity). Healthy analysis units
are characterized as those that have 10 or more documented breeding
sites, with connectivity among the breeding sites, and at least 5
breeding sites having documented strong breeding choruses (a group of
11 or more calling male frogs). The North
[[Page 47841]]
representation unit contains three healthy analysis units that
constitute 64 percent of the occupied area within the unit, and the
South representation unit contains four healthy analysis units that
constitute 97 percent of the occupied area within the unit. The total
number of breeding sites contained per analysis unit ranges from 56 to
763 breeding sites, and based on recent surveys, the number of known
breeding sites has increased in all three representation units from the
number of known historical sites.
To evaluate future conditions of the Illinois chorus frog, we
evaluated the impacts of projected habitat loss and climate change at
2055 and 2075. Across the Illinois chorus frog's range, some future
declines in resiliency are projected due to impacts from habitat loss
and climate change; however, the impacts are not projected to lead to a
substantial reduction in redundancy and representation. The projected
rates of habitat loss due to development and changes in climatic
conditions are not expected to result in substantial reduction of the
species or its habitat into the future. Minor projected increases in
development may affect the availability of suitable habitat, with 2
percent of currently suitable habitat projected to be converted to non-
suitable habitats across the species' range. The projected loss of
habitat due to development is projected to be greatest in the Central
representation unit, with between 23 and 25 percent of cropland being
converted to non-suitable land-use types. Although habitat loss is
projected to occur at a higher rate within this unit, it comprises 0.9
percent of the overall acreage occupied by the species. Within the
North and South representation units, only 1 to 2 percent of cropland
is projected to be converted to non-suitable land-use and land cover
types by 2075.
The projected impacts of climate on the Illinois chorus frog are
less certain. We considered changes to climatic variables that could
impact aspects of the species' life history such as breeding activity,
development of tadpoles, dispersal, foraging, and overwintering. Mean
temperatures, potential evapotranspiration, the length of the frost-
free period, and winter and spring precipitation are projected to
increase throughout the Illinois chorus frog's range, but summer
precipitation is projected to decrease. However, the overall impact of
these changes may be positive or negative, depending on the timing and
duration of impact. The burrowing nature of the Illinois chorus frog
also may mitigate the effects of climate change to some degree given
that the species' behavior reduces desiccation risk. In terms of
potential impacts from climate changes to the wetlands used for
breeding, some spring temperatures and evapotranspiration rates are
projected to increase. However, these changes may be offset by
increased winter and spring precipitation. Because the Illinois chorus
frog is able to use a wide variety of breeding habitats and the tadpole
period is relatively short (35-50 days), rates of drought would need to
substantially increase in frequency and duration (i.e., extended
droughts over consecutive years resulting in reduced recruitment) to
affect the species' viability.
Given the minimal projected increases in habitat loss and influence
of climatic impacts, the threats are not likely to impact the Illinois
chorus frog to a degree where there are substantial reductions in
resiliency, redundancy, or representation. The species is currently
well distributed throughout its historical range, and the threats are
not projected to lead to loss of any representation unit. Although the
Central representation unit is projected to have increased risk when
compared to the other representation units, the threats are not
projected to increase to a degree that the Central representation unit
will be at risk of extinction in the foreseeable future. Furthermore,
this representation unit encompasses only 0.9 percent of the Illinois
chorus frog's current range. Thus, we found no biologically meaningful
portion of the Illinois chorus frog's range where threats are impacting
individuals to an extent that the status of the species in that portion
differs from any other portion of the species' range.
After assessing the best available information, we concluded that
the Illinois chorus frog is not in danger of extinction or likely to
become in danger of extinction throughout all of its range or in any
significant portion of its range. Therefore, we find that listing the
Illinois chorus frog as an endangered species or threatened species
under the Act is not warranted. A detailed discussion of the basis for
this finding can be found in the Illinois chorus frog species
assessment and other supporting documents on https://www.regulations.gov under Docket No. FWS-R3-ES-2023-0040 (see
ADDRESSES, above).
Peer Review
In accordance with our July 1, 1994, peer review policy (59 FR
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo
on the Peer Review Process, we solicited independent scientific reviews
of the information contained in the Illinois chorus frog SSA report.
The Service sent the SSA report to four independent peer reviewers and
received four responses. Results of this structured peer review process
can be found at https://www.regulations.gov under Docket No. FWS-R3-ES-
2023-0040. We incorporated the results of these reviews, as
appropriate, into the SSA report, which is the foundation for this
finding.
Venus Flytrap
Previous Federal Actions
On October 21, 2016, we received a petition from Donald Waller and
25 other individuals to list the Venus flytrap, as an endangered or
threatened species and to designate critical habitat under the Act. On
December 20, 2017, we published a 90-day finding (82 FR 60362) that the
petition contained substantial information indicating listing may be
warranted for the species. This document constitutes our 12-month
finding on the October 21, 2016, petition to list the Venus flytrap
under the Act.
Summary of Finding
The Venus flytrap is a perennial herbaceous vascular plant species
endemic to southeastern North Carolina and northeastern South Carolina.
It has a historical range within approximately 100 miles (161
kilometers) of and including Wilmington, North Carolina. The
carnivorous plant is well known for its ability to trap prey in its
distinctive leaves.
A population of Venus flytrap may vary widely in size, ranging from
a single cluster of a few individuals to tens of thousands of
individuals distributed over several hectares. The Venus flytrap occurs
in wetland habitats in the Outer and Inner Coastal Plain and Sandhills
ecoregions. In the Outer Coastal Plain, where it is more common, large
populations of Venus flytrap occur in sandy pine savannas and wet pine
flatwoods. In the Sandhills region, Venus flytrap plants are limited to
seeps between evergreen shrub bogs along small creeks and pine/scrub
oak uplands. The species needs abundant light, abundant moisture, moist
acidic soils, arthropods, as well as sustainable population size and
connectivity between populations. Only sites that are well managed with
prescribed fire are likely to support Venus flytrap populations over
time. The Venus flytrap is well adapted to fire and can be abundant and
a major component of
[[Page 47842]]
the herbaceous understory where favorable conditions exist.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Venus flytrap, and we evaluated all relevant factors under the
five listing factors, including any regulatory mechanisms and
conservation measures addressing these threats. The primary threats
affecting the Venus flytrap's status are associated with various
actions that modify or destroy habitat, such as fire suppression. Other
threats that modify or destroy habitat include right-of-way maintenance
and conversion to agriculture (including silviculture) and residential
and commercial development. Additional stressors that could have a
negative effect on the species include poaching and small population
size.
While there are several stressors to the species and several small/
isolated populations have been extirpated, the largest and most robust
populations of Venus flytrap have maintained resiliency in the face of
these threats. The Venus flytrap has multiple resilient populations
distributed in wetlands in the Coastal Plain and Sandhills of
southeastern North Carolina and northeastern South Carolina, which is
an indication that the species can withstand catastrophic events.
Habitat loss and modification is the primary factor influencing the
species rangewide, yet 18 populations are in moderate to high
condition, and these populations contain nearly 865,000 plants. The
Venus flytrap has maintained robust populations over decades, many in
protected areas, which supports the idea that the species can withstand
stochastic events and indicates population resiliency. Furthermore,
there are many ongoing positive actions that benefit the Venus flytrap,
such as habitat protection and management, State felony laws that
protect the Venus flytrap from poaching, international permitting
requirements, and horticultural availability of ethically grown plants.
Thus, the threats appear to have low imminence and magnitude such that
they are not significantly affecting the species' current viability.
We analyzed future scenarios over a 50-year timeframe that
incorporated the best available information for future projections of
habitat loss (i.e., development) under two different climate change
futures (SSP2 and SSP5), as well as burn concern and fire management
potential. Considering land use changes caused by development in the
future scenarios, the threat of habitat loss would not change the
conditions of most of the Venus flytrap populations by the year 2070.
In fact, the results of our future conditions analysis indicate no
change in the future resiliency of Venus flytrap populations that are
currently in high resiliency condition, regardless of fire management
scenario, climate scenario, and year. Within fire management scenarios,
the total resiliency conditions remained the same in 2050 and 2070 for
SSP2. SSP5 showed greater variation within management scenarios and
time steps. The SSA report describes some of the future uncertainties,
but, considering the available data, the risk of extinction is low in
the future. The eight populations currently in high resiliency
condition are all predicted to remain in high resiliency condition 30
and 50 years into the future. This is primarily because these
populations are currently protected and managed, and those conditions
are not likely to change in the future. These highly resilient
populations represent 92 percent of the area occupied by populations on
the landscape.
Therefore, after assessing the best available information, we
determine that the Venus flytrap is not in danger of extinction now or
likely to become so in the foreseeable future throughout all of its
range.
We then evaluated the range of the Venus flytrap to determine if
the species is in danger of extinction now or likely to become so in
the foreseeable future in any significant portion of its range. The
Outer Coastal Plain is considered a biologically meaningful portion of
the species' range, as it contains the majority of extant populations
and is considered the core of the range. This portion contains the
majority of populations with high and medium resiliency, and the
populations are largely on lands that are protected and managed for
conservation. For these reasons, the Outer Coastal Plain portion was
not determined to have a different status than the species' range as a
whole.
The Inner Coastal Plain portion contains only one low-resiliency
population of the Venus flytrap, indicating that this small and
isolated population is currently at risk of extirpation, primarily
because the lack of resiliency makes the population susceptible to both
stochastic and catastrophic events. Threats to this small population
could have a disproportionate impact in this portion. Therefore, this
portion does have a different status than the species' range as a
whole, and the species is in danger of extinction now in the Inner
Coastal Plain. However, the Inner Coastal Plain is comprised of
primarily agricultural land, and most sites where the species occurred
historically and the one site where it currently exists are considered
marginal habitat. This habitat does not provide high value habitat to
the species, nor is the habitat considered to have unique value, as it
is marginal and not overly conducive to the species' survival. In
addition, the Inner Coastal Plain, which consists primarily of the
narrow corridor along the Cape Fear River between the Outer Coastal
Plain and the Sandhills, makes up a very small portion (0.7%) of the
overall species' range. For these reasons, the Inner Coastal Plain is
not considered to be a significant portion.
The Sandhills portion contains two medium-resiliency populations
and seven low-resiliency populations of the Venus flytrap. The two
medium-resiliency populations are considered protected in habitat
managed with fire by the Department of Defense and are predicted to
maintain medium resiliency over the next 50 years. However, the high
number of low-resiliency populations, which are small and isolated,
indicates some susceptibility to extirpation from stochastic and
catastrophic events. The timing of whether any or all of these
populations could be extirpated is uncertain, but is considered
possible in the foreseeable future, and these losses in this portion
could potentially put the species at risk of extirpation in the future.
With the potential loss of populations in this portion, we determined
that it is possible for this portion to have a different status than
the species' range as a whole, and thus consider the species in danger
of extinction within the foreseeable future in the Sandhills.
The habitat that supports the Venus flytrap in the Sandhills is
different than in other parts of the range. Because of its requirement
for moist soils, the Venus flytrap in the Sandhills is limited to seeps
that are narrow, moist ecotones between streamhead pocosins (linear,
evergreen shrub bogs along small creeks), and pine/scrub oak uplands.
These seeps are likely the only areas in the Sandhills that provide
conditions suitable for the Venus flytrap to grow. However, they do not
represent unique value habitat, as they are simply the wetter ecotones
that provide suitable conditions for Venus flytrap plants to grow.
These areas are also not necessarily high value relative to habitat in
the remaining portions of the range, particularly when compared to
habitat in the Outer Coastal Plain that continues to be the stronghold
for the range of the
[[Page 47843]]
species. Furthermore, the Sandhills make up only 0.4 percent of the
total area of the range of the species, which is a very small portion
relative to the range as a whole. For these reasons, we determined that
the Sandhills is not a significant portion.
After assessing the best available information, we concluded that
the Venus flytrap is not in danger of extinction or likely to become in
danger of extinction throughout all of its range or in any significant
portion of its range. Therefore, we find that listing the Venus flytrap
as an endangered species or threatened species under the Act is not
warranted. A detailed discussion of the basis for this finding can be
found in the Venus flytrap SSA report and other supporting documents on
https://www.regulations.gov under Docket No. FWS-R4-ES-2023-0041 (see
ADDRESSES, above).
Peer Review
In accordance with our July 1, 1994, peer review policy (59 FR
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo
on the Peer Review Process, we solicited independent scientific reviews
of the information contained in the Venus flytrap SSA report. The
Service sent the SSA report to six independent peer reviewers and
received four responses. Results of this structured peer review process
can be found at https://www.regulations.gov under Docket No. FWS-R4-ES-
2023-0041. We incorporated the results of these reviews, as
appropriate, into the SSA report, which is the foundation for this
finding.
References Cited
A list of the references cited in this petition finding is
available in the relevant species assessment form, which is available
on the internet at https://www.regulations.gov in the appropriate
docket (see ADDRESSES, above) and upon request from the appropriate
person (see FOR FURTHER INFORMATION CONTACT, above).
Authors
The primary authors of this document are the staff members of the
Species Assessment Team, Ecological Services Program.
Authority
The authority for this action is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-15621 Filed 7-24-23; 8:45 am]
BILLING CODE 4333-15-P