[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Proposed Rules]
[Pages 8137-8141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02287]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES1111090FEDR245]
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 north Oregon coast distinct population segment (DPS)
of the red tree vole (Arborimus longicaudus) and Plateau spot-tailed
earless lizard (Holbrookia lacerata). However, we ask the public to
submit to us at any time any new information relevant to the status of
either of the species mentioned above or their habitats.
DATES: The findings in this document were made on February 6, 2024.
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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North Oregon coast DPS of red tree vole..... FWS-R1-ES-2023-0259
Plateau spot-tailed earless lizard.......... FWS-R2-ES-2023-0260
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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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North Oregon coast DPS of red Kessina Lee, State Supervisor, Oregon
tree vole. Fish and Wildlife Office, 971-442-0560,
[email protected].
Plateau spot-tailed earless Karen Myers, Field Supervisor, Austin
lizard. Ecological Services Field Office, 512-
937-7371, [email protected].
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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 (``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. 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
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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 of the Interior determines whether
the species meets the Act's definition of an ``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) 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 the
Service 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' likely 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 north Oregon coast
DPS of red tree vole or Plateau spot-tailed earless lizard 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 of 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 the north Oregon coast DPS of red
tree vole and Plateau spot-tailed earless lizard 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
these species do 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 these two
species. Each SSA report 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). Our analyses for these decisions applied our current
regulations, portions of which were last revised in 2019. Given that we
proposed further revisions to these regulations on June 22, 2023 (88 FR
40764), we have also analyzed whether the decisions would be different
if we were to apply those proposed revisions. We concluded that the
decisions would have been the same if we had applied the proposed 2023
regulations. The analyses under both the regulations currently in
effect and the regulations after incorporating the June 22, 2023,
proposed revisions are included in our decision file for each action.
North Oregon Coast DPS of the Red Tree Vole
Previous Federal Actions
On June 18, 2007, we received a petition from the Center for
Biological Diversity, Oregon Chapter of the Sierra Club, Audubon
Society of Portland, Cascadia Wildlands Project, and Oregon Wild to
list the dusky tree vole (Arborimus longicaudus silvicola).
Alternatively, if we found the dusky tree vole was not a valid
subspecies, the petition requested that we list either the north Oregon
coast population of the red tree vole as a DPS or the red tree vole (A.
longicaudus) throughout all of its range as an endangered or threatened
species under the Act (16 U.S.C. 1531 et seq.).
On October 28, 2008, we published a 90-day finding in the Federal
Register (73 FR 63919) concluding that the petition presented
substantial information indicating that listing the north Oregon coast
DPS of the red tree vole may be warranted, and we initiated a status
review. During that review, we concluded that the dusky tree vole is
not a valid subspecies.
On October 13, 2011, we published a 12-month finding in the Federal
Register (76 FR 63720) in which we stated that listing the north Oregon
coast population of the red tree vole as a DPS was warranted primarily
due to habitat loss. However, listing was precluded at that time by
higher priority actions, and the DPS of the red tree vole was added to
our candidate species list.
From 2012 through 2016, we addressed the status of the north Oregon
coast DPS of the red tree vole annually in our candidate notice of
review, with the determination that listing was warranted but precluded
(see 77 FR 69994, November 21, 2012; 78 FR 70104, November 22, 2013; 79
FR 72450, December 5, 2014; 80 FR 80584, December 24, 2015; 81 FR
87246, December 2, 2016). Our 2019 candidate notice of review (84 FR
54732, October 10, 2019) retained that determination and also stated
that we were working on a thorough review of all available data for the
DPS.
On December 19, 2019, after completing a species status assessment,
we published a 12-month finding in the Federal Register (84 FR 69707)
determining that the north Oregon coast DPS of the red tree vole was
not warranted for listing as an endangered or threatened species under
the Act.
The 2007 petitioners (except for the Oregon Chapter of the Sierra
Club) filed a complaint in March 2021 challenging our December 19,
2019, not-warranted finding. We reached a settlement agreement with the
petitioners, which was approved by the court on May 23, 2022, to
withdraw our 2019 not-warranted finding and submit a new 12-month
finding to the Office of the Federal Register by January 31, 2024. In
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accordance with the settlement agreement, on October 19, 2022, we
withdrew our 2019 12-month not-warranted finding (87 FR 63472),
effectively returning the DPS to our candidate list, and initiated a
new species status assessment to inform a new 12-month finding. This
document constitutes our new 12-month finding as to whether the north
Oregon coast DPS of the red tree vole warrants listing as an endangered
or threatened species under the Act. In addition, in a memorandum to
the file (Service 2023a, entire), we explain differences between this
and previous findings, and highlight new information that became
available after our 2019 determination.
Summary of Finding
The red tree vole is an arboreal mouse-sized rodent found in
western Oregon south to northwestern California, with the north Oregon
coast DPS of the red tree vole (hereinafter ``tree vole'') occurring in
the northwestern quarter of the species' range. The DPS area is made up
mostly (69 percent) of private lands including industrial timber
forests; the remaining DPS area comprises Federal land managed
primarily by the U.S. Forest Service and the U.S. Bureau of Land
Management (17 percent), State land managed primarily as State forest
(12 percent), and 1 percent or less each of land owned by counties or
municipalities, Tribes, or nongovernmental organizations.
Tree voles live and nest in the canopy of conifer forests and feed
primarily on Douglas fir (Pseudotsuga menziesii) needles or, in one
narrow region within the DPS, alternatively on Sitka spruce (Picea
sitchensis) and western hemlock (Tsuga heterophylla) needles. They
rarely come to the ground, where they are vulnerable to predation,
except if needed on occasion to move between trees. The species' needs
are met in conifer stands with (1) trees large enough to supply
sufficient food, or with smaller trees connected to each other by
adjoining branches; (2) available structures to support nests; (3)
connected tree canopies to facilitate breeding and dispersal; and (4)
sufficiently large populations with intervening forest matrix between
them to provide connectivity. These features may be present in young
forests but are more common in older (80 years or more), taller,
structurally complex forests.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the tree vole, 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
tree vole's biological status include habitat loss and fragmentation,
timber harvest, and wildfire, Swiss needle cast disease, and vegetation
shift as influenced by climate change. We used published tree vole
habitat models to derive population areas based on habitat patches
large enough to accommodate approximately 100 or more individuals,
which resulted in 52 population areas within 17 geographic units that
represent potential meta-populations.
We modeled resiliency of population areas based on the estimated
habitat capacity and effective population size ratio of each population
area. We developed an overall resiliency rating for each geographic
unit by combining population-area resiliency ratings with measures of
connectivity, which we based on distance to neighboring populations
both within and between geographic units. Currently, 12 of the 17 tree
vole geographic units have moderate or high resiliency and are well-
distributed across the northern and southern regions of the DPS and
across both vegetation zones found in the DPS, indicating adequate
redundancy and representation. As such, we found that the tree vole is
not currently at risk of extinction (i.e., endangered) throughout the
DPS.
Thus, we proceed with determining whether the species is likely to
become endangered within the foreseeable future throughout all of its
range (i.e., threatened). We assessed future resiliency out to
approximately 2080 under two future scenarios, one representing a lower
plausible future condition and one representing an upper plausible
future condition. In modeling future resiliency, we considered
population-area resiliency and connectivity as we did for the current
condition, but we also considered the future effect of Swiss needle
cast disease and potential vegetation shifts as influenced by climate
change. We also assessed future redundancy by analyzing the risk of
catastrophic fire, considering potential fire size based on the
perimeter of the most catastrophic wildfires from the past 200 years,
relative suitability for fire, and potential fire severity as
determined by the land management type.
Under the upper plausible future scenario, 12 of the 17 geographic
units are projected to be highly resilient and are well distributed
across the northern and southern regions of the DPS and in both
vegetation zones, indicating adequate resiliency, redundancy, and
representation. Under the lower plausible future scenario, more
geographic units are projected to decline into low condition or become
extirpated, but the DPS would still maintain multiple large and
connected geographic units in moderate condition, spanning both the
northern and southern regions of the DPS. Although under this scenario
there would be a reduction in representation if the Sitka spruce
vegetation zone were lost due to extreme vegetation shift caused by
climate change, we expect that, because the largest of the units would
remain in moderate condition, they would provide adequate resiliency
and redundancy for the DPS. As such, we determined that the tree vole
is not likely to become endangered within the foreseeable future
throughout its range under either the upper or lower plausible future
scenarios.
We also evaluated whether the north Oregon coast DPS of red tree
vole is endangered or threatened in a significant portion of its range.
We did not find any portions of the north Oregon coast DPS of red tree
vole's range for which both (1) the portion is significant; and (2) the
species is in danger of extinction in that portion, either now or
within the foreseeable future. Thus, after assessing the best available
information, we conclude that the north Oregon coast DPS of red tree
vole is not in danger of extinction in a significant portion of its
range now, or within the foreseeable future.
After assessing the best available information, we concluded that
the tree vole 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 tree vole 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 tree vole species assessment form and other supporting
documents, which are available on https://www.regulations.gov under
docket number FWS-R1-ES-2023-0259.
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 2023 tree vole SSA report. The
Service sent the SSA report to three independent peer reviewers and
received two responses. We also received seven technical reviews on the
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SSA report. Results of this structured peer review process can be found
at https://www.regulations.gov under docket number FWS-R1-ES-2023-0259.
We incorporated the results of these reviews, as appropriate, into the
SSA report, which is the foundation for this finding.
Plateau Spot-Tailed Earless Lizard
Previous Federal Actions
On January 13, 2010, we received a petition from WildEarth
Guardians requesting that the Service list the spot-tailed earless
lizard (Holbrookia lacerata) as a threatened or endangered species and
designate critical habitat under the Act. In a July 19, 2010, letter to
the petitioner, the Service acknowledged receipt of the petition. On
May 24, 2011, the Service published a 90[hyphen]day finding on the
spot-tailed earless lizard, stating that the petition presented
substantial scientific information indicating that listing may be
warranted (76 FR 30082). In 2019, the two subspecies known as H. l.
lacerata and H. l. subcaudalis were formally described as full species,
and the common name for the updated entity of H. lacerata became the
Plateau spot-tailed earless lizard (used herein). The status of the
entity now referred to as H. subcaudalis is being evaluated separately.
This document constitutes our 12-month finding on the January 13, 2010,
petition to list the Plateau spot-tailed earless lizard under the Act.
Summary of Finding
The Plateau spot-tailed earless lizard is a small, ground-dwelling
lizard found in central and western Texas, primarily within the Edwards
Plateau region. The Colorado River forms the northern boundary, and the
Balcones Escarpment serves as the southern boundary of the species'
range. The Plateau spot-tailed earless lizard is found in habitats
broadly defined as grasslands or historical grasslands (e.g., mesquite
savannahs, prairies, flat stony plateaus, agricultural fields). In the
part of the species' range that would otherwise succeed into shrublands
or forests, the habitat is associated with frequent disturbance from
herbivory and fire. In other parts of the species' range, soils and
climate characteristics limit the development of shrublands and
forests, maintaining a more open, grass-dominated vegetation community.
Plateau spot-tailed earless lizards spend most of their time
underground and are able to self-bury under loose soil or utilize
existing animal burrows or soil fissures for shelter. They need minimal
woody plant canopy cover, open areas with bare soil, and warm, sunny
days so that they can bask and increase their internal body temperature
before moving around on the surface. The Plateau spot-tailed earless
lizard is believed to be a sit-and-wait predator and an ``opportunistic
generalist'' in terms of diet, which includes a variety of arthropods
(e.g., beetles, grasshoppers, and termites).
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Plateau spot-tailed earless lizard, 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 Plateau spot-tailed earless
lizard's biological status include habitat loss and modification due to
development, suppression of disturbance processes, grazing practices,
and vehicle strikes. We also examined a number of other factors
including climate change, energy development, red-imported fire ants,
and pesticides, but these factors did not rise to such a level that
they affected the species as a whole. The impact of red-imported fire
ants, which was identified as a substantial threat in the petition,
likely occurred primarily during the period of invasion in the 1930s or
1940s, but the consequences of that invasion have played out and the
presence of red-imported fire ants does not pose a significant threat
to the Plateau spot-tailed earless lizard today.
While there are several stressors to the species, the Plateau spot-
tailed earless lizard currently occupies an area roughly the size of
its historical range. The Plateau spot-tailed earless lizard has
multiple resilient populations in three of the six ecoregions it
occupies in central and western Texas, which is an indication that the
species has redundancy. Habitat loss and modification is the primary
factor influencing the species rangewide; however, 13 population
analysis units comprising 91 percent of the land within the range of
the species are currently in moderate to high condition. While land
management has changed over time, this land management has not resulted
in substantial changes to habitat conditions across the species' range,
and most population analysis units are highly resilient based on the
current proportion of suitable habitat. Similarly, most population
analysis units are highly resilient based on the current level of
traffic intensity. The threats of habitat loss and modification and
vehicle strikes appear to be impacting a small proportion of the
species' range. Overall, the majority of population analysis units and
a majority of the areas in the population analysis units are
characterized by populations with the ability to withstand stochastic
events (e.g., disturbance).
The Plateau spot-tailed earless lizard has maintained
representation similar to historical levels, thereby maintaining its
ability to adapt to environmental change. The threats to date have not
significantly affected the species' viability. The SSA report describes
some of the uncertainties about potential threats and the species'
response to these potential threats, but the best available information
indicates the risk of extinction is low. Therefore, we conclude that
the Plateau spot-tailed earless lizard is not in danger of extinction
throughout all of its range and does not meet the definition of an
endangered species.
Thus, we proceed with determining whether the species is likely to
become endangered within the foreseeable future throughout all of its
range (i.e., threatened). The SSA report's analysis of future scenarios
through 2050 encompasses the best available information for future
projections of habitat suitability (i.e., tree and shrub encroachment)
and traffic intensity (i.e., road mortality). We determined that this
timeframe enabled us to consider the threats/stressors acting on the
species and draw reliable predictions about the species' response in
the 20 years following these factors (i.e., 10 generations, to the year
2070) because it provides a reasonable timeframe to assess the effects
of environmental changes. Based on our two plausible future scenarios,
we projected that 7 to 10 population analysis units comprising 69 to 77
percent of the area occupied by the species will have moderate to high
resiliency in the future; thus, these populations will have the ability
to withstand stochastic events. In both scenarios, the species is
expected to maintain redundancy at the scale of its entire range and to
maintain representation because it will continue to be distributed
throughout most of its known historical range. Therefore, after
assessing the best available information, we conclude that the Plateau
spot-tailed earless lizard does not meet the definition of a threatened
species because it is not likely to become endangered within the
foreseeable future throughout all of its range.
We also evaluated whether the Plateau spot-tailed earless lizard is
endangered or threatened in a significant portion of its range. We did
not find any portions of the Plateau spot-tailed earless lizard's range
for
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which both (1) the portion is significant, and (2) the species is in
danger of extinction in that portion, either now or within the
foreseeable future. Thus, after assessing the best available
information, we conclude that the Plateau spot-tailed earless lizard is
not in danger of extinction in a significant portion of its range now,
or within the foreseeable future.
After assessing the best available information, we concluded that
the Plateau spot-tailed earless lizard 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 Plateau spot-tailed earless lizard 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 Plateau
spot-tailed earless lizard species assessment form and other supporting
documents, which are available on https://www.regulations.gov under
docket number FWS-R2-ES-2023-0260.
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 Plateau spot-tailed earless lizard
SSA report. The Service sent the SSA report to three independent peer
reviewers and received three responses. Results of this structured peer
review process can be found at https://www.regulations.gov under docket
number FWS-R2-ES-2023-0260. We incorporated the results of these
reviews, as appropriate, into the SSA report, which is the foundation
for this finding.
New Information
We request that you submit any new information concerning the
taxonomy of, biology of, ecology of, status of, or stressors to the
north Oregon coast DPS of red tree vole or Plateau spot-tailed earless
lizard to the appropriate person, as specified under FOR FURTHER
INFORMATION CONTACT, whenever it becomes available. New information
will help us monitor these species and make appropriate decisions about
their conservation and status. We encourage local agencies and
stakeholders to continue cooperative monitoring and conservation
efforts.
References
A complete list of the references used in these petition findings
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. 2024-02287 Filed 2-5-24; 8:45 am]
BILLING CODE 4333-15-P