[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Proposed Rules]
[Pages 70634-70637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21674]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2023-0106; FF09E21000 FXES11130900000234]
Endangered and Threatened Wildlife and Plants; 90-Day Findings
for Two Petitions To Reclassify the West Indian Manatee
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of petition findings and initiation of status
review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce two
90-day findings on petitions to reclassify the West Indian manatee
(Trichechus manatus), or populations thereof, under the Endangered
Species Act of 1973, as amended (Act). Two valid subspecies of the West
Indian manatee, the Florida manatee (Trichechus manatus latirostris)
and Antillean manatee (Trichechus manatus manatus), are currently
protected under the Act as part of the threatened West Indian manatee
species-level listing. One petition requests the Puerto Rico population
of the Antillean manatee be listed as an endangered distinct population
segment (DPS) and critical habitat be designated for this entity under
the Act. The second petition
[[Page 70635]]
requests to reclassify the West Indian manatee, including its
subspecies the Antillean manatee and Florida manatee, as endangered
species under the 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 a
status review to determine whether the petitioned actions are
warranted. To ensure that the status review is comprehensive, we are
requesting new scientific and commercial data and other information
regarding the West Indian manatee throughout its range, including
information specific to the Puerto Rico population of Antillean
manatee, and factors that may affect their status. Based on the status
review, we will issue a 12-month petition finding, which will address
whether or not the petitioned actions are warranted, in accordance with
the Act.
DATES: The findings announced in this document were made on October 12,
2023.
ADDRESSES:
Supporting documents: A summary of the basis for the petition
findings contained in this document is available on https://www.regulations.gov in Docket No. FWS-R4-ES-2023-0106. In addition,
this supporting information is available by contacting the person
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 West
Indian manatee, the Puerto Rico population of Antillean manatee, or
their habitats, particularly new information available since our April
5, 2017, reclassification (April 5, 2017; 82 FR 16668), 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 FWS-R4-ES-2023-0106,
which is the docket number for this action. 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: FWS-R4-ES-2023-0106, 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. Any information we receive during the course of our status
review will be considered, and 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.
FOR FURTHER INFORMATION CONTACT: Nicole Rankin, Division of
Conservation and Classification Manager, telephone: 404-679-7089,
email: [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 West Indian manatee, its subspecies or
populations, including the Puerto Rico population of Antillean manatee,
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 et seq.) 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) 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 Lists (i.e., ``list'' a species),
remove a species from the Lists (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.
[[Page 70636]]
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 a 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, including a potential DPS of
the Puerto Rico population of Antillean manatee) are reviewed under the
Administrative Procedure Act (5 U.S.C. 1531 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.
Species and Range
The West Indian manatee (Trichechus manatus) is currently listed on
the List of Endangered and Threatened Wildlife at 50 CFR 17.11(h) as a
threatened species under the Act (April 5, 2017; 82 FR 16668). The West
Indian manatee includes two valid subspecies, the Florida manatee
(Trichechus manatus latirostris) and Antillean manatee (Trichechus
manatus manatus). The range of the Florida manatee includes the U.S.
Atlantic and Gulf of Mexico coasts, as well as northern portions of the
Caribbean, from the Bahamas to Turks and Caicos. The Antillean manatee
is found in the southern portions of the Caribbean, including Cuba,
Hispaniola, Puerto Rico, Virgin Islands, Cayman Islands, and Jamaica;
in Central America from Mexico's southeast Caribbean coast to the
Caribbean coast of Panama; Trinidad and Tobago; and south to Brazil's
Atlantic coastline.
History of the Petitions Received
On October 21, 2021, we received a petition from Julio C.
Col[oacute]n requesting that the Puerto Rico population of the
Antillean manatee be listed as an endangered distinct population
segment (DPS) and that critical habitat be designated for this entity
under the Act. On November 21, 2022, we received a petition from the
Center for Biological Diversity, Brooks McCormick Jr. Animal Law &
Policy Program at Harvard Law School, Miami Waterkeeper, Save the
Manatee Club, and Frank S. Gonz[aacute]lez Garc[iacute]a requesting
that the West Indian manatee, including its subspecies Florida manatee
and Antillean manatee, be reclassified as endangered. Both petitions
clearly identified themselves as such and included the requisite
identification information for the petitioner, required at 50 CFR
424.14(c). This finding addresses both of those petitions.
Summary of Petition Findings
Evaluation of a Petition To Designate and Reclassify (Uplist) the
Puerto Rico Population of Antillean Manatee
Because the West Indian manatee includes two recognized subspecies,
the Florida manatee (Trichechus manatus latirostris) and the Antillean
manatee (Trichechus manatus manatus), the Puerto Rico population of the
Antillean manatee is currently protected under the Act as part of the
threatened West Indian manatee species-level listing. Julio C.
Col[oacute]n's petition requests that we determine the Puerto Rico
population of the Antillean manatee is a DPS, uplist it as an
endangered species, and designate critical habitat for the DPS under
the Act. We find that the petition presents substantial information
that the Puerto Rico population of Antillean manatee may qualify as a
DPS. Additionally, we find that the petition presents substantial
information that boat collisions (Factor E) and low genetic diversity
and isolation (Factor E) may be threats to the Puerto Rico manatee
population such that the population may meet the definition of an
endangered species under the Act. Therefore, we find that the petition
presents substantial information that the petitioned action,
identifying and then reclassifying as endangered a Puerto Rico DPS, may
be warranted, and we will commence a status review to determine if the
action is warranted. During our 12-month status review, if we determine
the Puerto Rico manatee population is a DPS, we will fully evaluate all
relevant threats and conservation actions in detail pursuant to the
Act's requirement to review the best scientific and commercial
information available to support a finding that the Puerto Rico DPS is
in danger of extinction throughout all or a significant portion of its
range.
Evaluation of a Petition To Reclassify (Uplist) the West Indian Manatee
and Subspecies Florida Manatee and Antillean Manatee
The petition from the Center for Biological Diversity, Brooks
McCormick Jr. Animal Law & Policy Program at Harvard Law School, Miami
Waterkeeper, Save the Manatee Club, and Frank S. Gonz[aacute]lez
Garc[iacute]a requests that we reclassify the West Indian manatee,
including its subspecies Florida manatee and Antillean manatee, as an
endangered species under the Act. We find the petition presents
substantial information that seagrass loss (Factor A) may be a threat
to the species such that it may meet the definition of an endangered
species under the Act. Therefore, we find that the petition presents
substantial information that the petitioned action, reclassifying the
West Indian manatee as endangered, may be warranted and we will
commence a status review to determine if the action is warranted.
[[Page 70637]]
The petition also presented information suggesting other activities
may be threats to the West Indian manatee, including loss of warm-water
refugia, loss of freshwater access, coastal development, and boating
and recreational disturbance (Factor A); harassment (Factor B);
bacterial infections (Factor C); and boat strikes, marine debris,
contaminants, invasive species, and climate change (Factor E). Our
status review will evaluate all relevant threats and conservation
actions in detail based on the best scientific and commercial data
available, including whether these threats towards the listed or
listable entities may be ameliorated or exacerbated by any existing
regulatory mechanisms or conservation efforts to support a finding that
the West Indian manatee, Florida manatee, or Antillean manatee is in
danger of extinction throughout all or a significant portion of its
range.
Evaluation of Information Summary and Finding
We reviewed the petitions, sources cited in the petitions, and
other readily available information. We considered the factors under
section 4(a)(1) of the Act and assessed the effect that the threats
identified within the factors may have on the Puerto Rico population of
Antillean manatee and the West Indian manatee now and in the
foreseeable future. We also considered existing regulatory mechanisms
or conservation efforts that may ameliorate, reduce, or exacerbate the
threats. Based on our review of the petitions and readily available
information regarding boat collisions, genetic diversity loss, and
seagrass loss, we find that these two petitions present credible and
substantial information that the petitioned actions may be warranted.
We will fully evaluate these and all other potential threats for the
listed and listable entities, as well as the validity of the Puerto
Rico DPS, in detail based on the best scientific and commercial data
available when we conduct a status assessment and make the 12-month
findings.
In accordance with the requirements of the statute, our 12-month
findings on these two petitions to identify and reclassify a DPS in
Puerto Rico, as well as reclassify (uplist) the West Indian manatee and
its subspecies, the Florida manatee and Antillean manatee, will be
based upon the best scientific and commercial data available and will
not be limited to the information presented in the petitions.
Similarly, if we make one or more ``warranted'' 12-month findings, we
may identify a DPS in that finding based on the best scientific and
commercial data available; we will not be limited to the possible DPS
described in the petition. If we do identify and propose to uplist a
DPS, we will consider that proposal in the context of the ongoing
recovery for the rest of the population in the larger currently listed
entity.
The basis for our finding on these petitions, and other information
regarding our review of the petitions, including the 2017
reclassification and 2007 5-year status review, can be found at https://www.regulations.gov under Docket No. FWS-R4-ES-2023-0106 under the
Supporting & Related Material 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 two petitions summarized above for the Puerto
Rico population of Antillean manatee, as well as the West Indian
manatee, present substantial scientific or commercial information
indicating that the petitioned actions may be warranted. We are,
therefore, initiating a status review of the West Indian manatee
rangewide. This status review will include a determination on whether a
Puerto Rico DPS for the Antillean manatee has the same or a different
status than the Antillean manatee rangewide. This status review will
determine whether the petitioned actions are warranted under the Act.
At the conclusion of the status review, we will issue a finding, 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 other species are
an endangered or threatened species.
Authors
The primary authors of this document are staff members of the
Division of Conservation and Classification, 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.).
Janine Velasco,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-21674 Filed 10-11-23; 8:45 am]
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