[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Proposed Rules]
[Pages 55991-55995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17726]


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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 Five 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 five 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 bleached sandhill skipper (Polites 
sabuleti sinemaculata), blue tree monitor lizard (Varanus macraei), 
Bornean earless monitor lizard (Lanthanotus borneensis), and pinyon jay 
(Gymnorhinus cyanocephalus) 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 these 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. 
We further find that the petition to list the least chub (Iotichthys 
phlegethontis) does not present substantial information indicating the 
petitioned action may be warranted. Therefore, we are not initiating a 
status review of the least chub.

DATES: These findings were made on August 17, 2023. As we commence our 
status reviews, we seek any new information concerning the status of, 
or threats to, the bleached sandhill skipper, blue tree monitor lizard, 
Bornean earless monitor lizard, or pinyon jay, 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 https://www.regulations.gov under the appropriate docket number (see tables 
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 scientific or commercial data or other 
information concerning the status of, or threats to, the bleached 
sandhill skipper, blue tree monitor lizard, Bornean earless monitor 
lizard, or pinyon jay, or their habitats, please provide those data or 
information by one of the methods listed below. For the Blue tree 
monitor and Bornean earless monitor, we specifically request 
information on: (a) identification of shortcomings in existing 
regulations that are contributing to population-level effects on the 
species; and (b) information on any trade in the species, including 
evidence of trade levels, trends, and patterns, and any changes over 
time.

[[Page 55992]]

    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R8-ES-2023-0035 for 
the bleached sandhill skipper, FWS-HQ-ES-2023-0033 for the blue tree 
monitor lizard, FWS-HQ-ES-2023-0034 for the Bornean earless monitor 
lizard, or FWS-R6-ES-2022-0177 for the pinyon jay. 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: [Enter Docket No.; please use FWS-R8-ES-2023-0035 
(for the bleached sandhill skipper), FWS-HQ-ES-2023-0033 (for the blue 
tree monitor lizard), FWS-HQ-ES-2023-0034 (for the Bornean earless 
monitor lizard), or FWS-R6-ES-2022-0177 (for the pinyon jay)], 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: 

------------------------------------------------------------------------
        Species common name                    Contact person
------------------------------------------------------------------------
Bleached sandhill skipper.........  Sue Cameron, Biologist, Asheville,
                                     North Carolina Field Office, 828-
                                     450-7469, [email protected].
Blue tree monitor lizard..........  Demetra Panos, Biologist, Ecological
                                     Services Headquarters, 636-346-
                                     4900, [email protected].
Bornean earless monitor lizard....  Amanda Hyman, Biologist, Ecological
                                     Services Headquarters, 703-358-
                                     2480, [email protected].
Pinyon jay........................  Yvette Converse, Project Leader,
                                     Utah Field Office, 801-975-3330;
                                     [email protected].
Least chub........................  Justin Barrett, Acting Field
                                     Supervisor, Reno Fish and Wildlife
                                     Field Office, 775-861-6300;
                                     [email protected].
------------------------------------------------------------------------

    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 bleached sandhill skipper, blue tree monitor 
lizard, Bornean earless monitor lizard, or pinyon jay, 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),

[[Page 55993]]

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).
    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 (5 U.S.C. 551 et seq.) 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.
    We note that listing a species on an emergency basis is not a 
petitionable action under the Act, and the question of when to list on 
an emergency basis is left to the discretion of the Service. If the 
Service determines that the standard for emergency listing in section 
4(b)(7) of the Act is met, the Service may exercise its authority to 
take an emergency listing action at any time and is prepared to do so.

Summaries of Petition Findings

    The petition findings contained in this document are listed in the 
tables below, and the basis for each finding, along with supporting 
information, is available on https://www.regulations.gov under the 
appropriate docket number.

                    Table 1--Internet Search Information for Status Reviews for Four Species
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                                                                                  URL to docket on https://
             Species common name                        Docket No.                   www.regulations.gov
----------------------------------------------------------------------------------------------------------------
Bleached sandhill skipper....................          FWS-R8-ES-2023-0035  https://www.regulations.gov/FWS-R8-ES-2023-0035.
Blue tree monitor lizard.....................          FWS-HQ-ES-2023-0033  https://www.regulations.gov/FWS-HQ-ES-2023-0033.
Bornean earless monitor lizard...............          FWS-HQ-ES-2023-0034  https://www.regulations.gov/FWS-HQ-ES-2023-0034.
Pinyon Jay...................................          FWS-R6-ES-2022-0177  https://www.regulations.gov/FWS-R6-ES-2022-0177.
----------------------------------------------------------------------------------------------------------------


  Table 2--Internet Search Information for Not-Substantial Finding for
                               Least Chub
------------------------------------------------------------------------
                                          URL to docket on https://
            Docket No.                       www.regulations.gov
------------------------------------------------------------------------
FWS-R6-ES-2022-0015...............  https://www.regulations.gov/FWS-R6-ES-2022-0015.
------------------------------------------------------------------------

Evaluation of a Petition To List the Bleached Sandhill Skipper

Species and Range
    Bleached sandhill skipper (Polites sabuleti sinemaculata); Humboldt 
County, Nevada.
Petition History
    On October 16, 2022, we received a petition from the Center for 
Biological Diversity requesting that the bleached sandhill skipper be 
listed, or emergency listed, as an endangered species or a threatened 
species and critical habitat be designated for this subspecies 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).
    Listing a species on an emergency basis is not a petitionable 
action under the Act, and the question of when to list on an emergency 
basis is left to the discretion of the Service. If the Service 
determines that the standard for emergency listing in section 4(b)(7) 
of the Act is met, the Service may exercise that discretion to take an 
emergency listing action at any time. Therefore, we are considering the 
October 16, 2022, petition as a petition to list the bleached sandhill 
skipper. This finding addresses the petition.
Finding
    We reviewed the petition, sources cited in the petition, and other 
readily available information (within the constraints of the Act and 50 
CFR 424.14(h)(1)). We considered the credible information that the 
petition provided regarding effects of the threats that fall within 
factors under the Act's section 4(a)(1) as potentially ameliorated or 
exacerbated by any existing regulatory mechanisms or conservation 
efforts. Based on our review of the petition and readily available 
information regarding geothermal energy production (Factor A) and the 
inadequacy of existing regulatory mechanisms (Factor D), we find that 
the petition presents substantial scientific or commercial information 
indicating that listing the bleached sandhill skipper as an endangered 
species or a threatened species may be warranted. The petitioners also 
presented information suggesting grazing, water diversions, and climate 
change may be threats to the bleached sandhill skipper. We will fully 
evaluate these potential threats during our 12-month status review, 
pursuant to the Act's requirement to

[[Page 55994]]

review the best scientific and commercial information available when 
making that finding.
    The basis for our finding on this petition and other information 
regarding our review of the petition can be found at https://www.regulations.gov under Docket No. FWS-R8-ES-2023-0035 under the 
Supporting Documents section.

Evaluation of a Petition To List the Blue Tree Monitor Lizard

Species and Range
    Blue tree monitor lizard (Varanus macraei); Batanta Island and 
surrounding small offshore islets, Raja Ampat archipelago, West Papua 
Province, Indonesian New Guinea.
Petition History
    On April 25, 2022, we received a petition from the Center for 
Biological Diversity requesting that the blue tree monitor lizard be 
listed as an endangered species or a threatened 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 petitioners additionally requested that the Service 
immediately protect the blue tree monitor lizard with the emergency 
listing authority under 16 U.S.C. 1533(b)(7).
    Listing a species on an emergency basis is not a petitionable 
action under the Act, and the question of when to list on an emergency 
basis is left to the discretion of the Service. If the Service 
determines that the standard for emergency listing in section 4(b)(7) 
of the Act is met, the Service may exercise that discretion to take an 
emergency listing action at any time. Therefore, we are considering the 
April 25, 2022, petition as a petition to list the blue tree monitor 
lizard. We are aware of the potential for a rush on trade and are 
prepared to issue an emergency listing if the standards for emergency 
listing per section 4(b)(7) of the Act are met. This finding addresses 
the petition.
Finding
    We reviewed the petition, sources cited in the petition, and other 
readily available information (within the constraints of the Act and 50 
CFR 424.14(h)(1)). We considered the credible information that the 
petition provided regarding effects of the threats that fall within 
factors under the Act's section 4(a)(1) as potentially ameliorated or 
exacerbated by any existing regulatory mechanisms or conservation 
efforts. Based on our review of the petition and readily available 
information regarding the international pet trade (Factor B), we find 
that the petition presents substantial scientific or commercial 
information indicating that listing the blue tree monitor lizard may be 
warranted. The petitioners also presented information suggesting 
habitat loss, disease, and climate change may also be threats to the 
blue tree monitor lizard. 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 this petition and other information 
regarding our review of the petition can be found at https://www.regulations.gov under Docket No. FWS-HQ-ES-2023-0033 under the 
Supporting Documents section.

Evaluation of a Petition To List the Bornean Earless Monitor Lizard

Species and Range
    Bornean earless monitor lizard (Lanthanotus borneensis); Sarawak, 
Malaysia and Kalimantan, Indonesia.
Petition History
    On November 2, 2022, we received a petition from the Center for 
Biological Diversity requesting that the Bornean earless monitor lizard 
be emergency listed as an endangered species or a threatened 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).
    Listing a species on an emergency basis is not a petitionable 
action under the Act, and the question of when to list on an emergency 
basis is left to the discretion of the Service. If the Service 
determines that the standard for emergency listing in section 4(b)(7) 
of the Act is met, the Service may exercise that discretion to take an 
emergency listing action at any time. Therefore, we are considering the 
November 2, 2022, petition as a petition to list the Bornean earless 
monitor lizard. We are aware of the potential for a rush on trade and 
are prepared to issue an emergency listing if the standards for 
emergency listing per section 4(b)(7) of the Act are met. This finding 
addresses the petition.
Finding
    We reviewed the petition, sources cited in the petition, and other 
readily available information (within the constraints of the Act and 50 
CFR 424.14(h)(1)). We considered the credible information that the 
petition provided regarding the effects of the threats that fall within 
factors under the Act's section 4(a)(1) as potentially ameliorated or 
exacerbated by any existing regulatory mechanisms or conservation 
efforts. Based on our review of the petition and readily available 
information regarding deforestation of the species' habitat for logging 
and plantations (Factor A), we find that the petition presents 
substantial scientific or commercial information indicating that 
listing the Bornean earless monitor lizard as an endangered species or 
a threatened species may be warranted. The petitioners also presented 
information suggesting trade and climate change, including shifting 
weather regimes and sea level rise, may be threats to the Bornean 
earless monitor lizard. 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 this petition and other information 
regarding our review of the petition can be found at https://www.regulations.gov under Docket No. FWS-HQ-ES-2023-0034 under the 
Supporting Documents section.

Evaluation of a Petition To List the Pinyon Jay

Species and Range
    The pinyon jay (Gymnorhinus cyanocephalus); Arizona, California, 
Colorado, Idaho, Montana, Nebraska, Nevada, New Mexico, Oklahoma, 
Oregon, South Dakota, Utah, and Wyoming, and Baja California, Mexico.
Petition History
    On April 25, 2022, we received a petition from Defenders of 
Wildlife requesting that pinyon jay be listed as an endangered species 
or threatened 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
    We reviewed the petition, sources cited in the petition, and other 
readily available information (within the constraints of the Act and 50 
CFR 424.14(h)(1)). We considered the credible information that the 
petition provided regarding effects of the threats that fall within 
factors under the Act's

[[Page 55995]]

section 4(a)(1) as potentially ameliorated or exacerbated by any 
existing regulatory mechanisms or conservation efforts. Based on our 
review of the petition and readily available information regarding 
adverse habitat treatments in pi[ntilde]on-juniper woodlands (Factor 
A), increased wildfire frequency (Factor A), invasive species (Factor 
A), inadequacy of existing regulatory mechanisms (Factor D), and 
climate change (Factor E), we find that the petition presents 
substantial scientific or commercial information indicating that the 
petitioned action to list the pinyon jay as an endangered or threatened 
species 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 and commercial 
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 at https://www.regulations.gov under Docket No. FWS-R6-ES-2022-0177 under the 
Supporting Documents section.

Evaluation of a Petition To List the Least Chub

Species and Range
    Least chub (Iotichthys phlegethontis); Utah.
Petition History
    On September 30, 2021, we received a petition from the Center for 
Biological Diversity requesting that the least chub be listed as an 
endangered species or a threatened species and critical habitat be 
designated for the 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
    We reviewed the petition, sources cited in the petition, and other 
readily available information (within the constraints of the Act and 50 
CFR 424.14(h)(1)). We considered the credible information that the 
petition provided regarding the individual and cumulative effects of 
threats that fall within factors under the Act's section 4(a)(1) as 
potentially ameliorated or exacerbated by any existing regulatory 
mechanisms or conservation efforts. Based on our review of the 
petition, sources cited in the petition, and other readily available 
information, we find that the petition does not provide substantial 
scientific or commercial information indicating that listing the least 
chub as an endangered or a threatened species may be warranted. We are 
not initiating a status review of this species in response to this 
petition. However, we ask that the public submit to us any new 
information that becomes available concerning the status of, or threats 
to, this species or its habitat at any time (see FOR FURTHER 
INFORMATION CONTACT, above).
    The basis for our finding on this petition, and other information 
regarding our review of the petition can be found at https://www.regulations.gov under Docket No. FWS-R6-ES-2022-0015 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 bleached sandhill skipper, blue 
tree monitor lizard, Bornean earless monitor lizard, and pinyon jay 
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. 
In addition, we have determined that the petition summarized above for 
the least chub does not present substantial scientific or commercial 
information indicating that the petitioned action may be warranted. We 
are, therefore, not initiating a status review for the least chub in 
response to the petition.

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.).

Wendi Weber,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-17726 Filed 8-16-23; 8:45 am]
BILLING CODE 4333-15-P