[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Proposed Rules]
[Pages 8629-8631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02620]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2023-0261; FF09E21000 FXES1111090FEDR 245]
Endangered and Threatened Wildlife and Plants; 90-Day Finding for
the Kings River Pyrg
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of petition finding and initiation of status
review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to add the Kings River pyrg (Pyrgulopsis
imperialis) to the List of Endangered and Threatened Wildlife under the
Endangered Species Act of 1973, as amended (Act). Based on our review,
we find that the petition to list the Kings River pyrg presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. Therefore, with the publication of
this document, we announce that we are initiating a status review to
determine whether the petitioned action is warranted. To ensure that
the status review is comprehensive, we request scientific and
commercial data and other information regarding Kings River pyrg and
factors that may affect its status. Based on the status review, we will
issue a 12-month petition finding, which will address whether or not
the petitioned action is warranted, in accordance with the Act.
DATES: This finding was made on February 8, 2024. As we commence our
status review, we seek any new information concerning the status of, or
threats to, the Kings River pyrg or its habitats. Any information we
receive during the course of our status review will be considered.
ADDRESSES:
Supporting documents: A summary of the basis for the petition
finding contained in this document is available on https://www.regulations.gov in Docket No. FWS-R8-ES-2023-0261. In addition,
this supporting information is available by contacting the appropriate
person, as specified in FOR FURTHER INFORMATION CONTACT.
Status reviews: If you have new scientific or commercial data or
other information concerning the status of, or threats to, the Kings
River pyrg or its habitat, 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-R8-ES-2023-0261,
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-R8-ES-2023-0261, 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.
FOR FURTHER INFORMATION CONTACT: Justin Barrett, Deputy Field
Supervisor, Reno Fish and Wildlife Office, telephone: 775-861-6300,
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:
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
[[Page 8630]]
information indicating that the petitioned action may be warranted. To
the maximum extent practicable, we are to make this finding within 90
days of our receipt of the petition and publish the finding promptly in
the Federal Register.
Our regulations establish that substantial scientific or commercial
information with regard to a 90-day petition finding refers to credible
scientific or commercial information in support of the petition's
claims such that a reasonable person conducting an impartial scientific
review would conclude that the action proposed in the petition may be
warranted (50 CFR 424.14(h)(1)(i)). A positive 90-day petition finding
does not indicate that the petitioned action is warranted; the finding
indicates only that the petitioned action may be warranted and that a
full review should occur.
A species may be determined to be an endangered species or a
threatened species because of one or more of the five factors described
in section 4(a)(1) of the Act (16 U.S.C. 1533(a)(1)). The five factors
are:
(a) The present or threatened destruction, modification, or
curtailment of its habitat or range (Factor A);
(b) Overutilization for commercial, recreational, scientific, or
educational purposes (Factor B);
(c) Disease or predation (Factor C);
(d) The inadequacy of existing regulatory mechanisms (Factor D);
and
(e) Other natural or manmade factors affecting its continued
existence (Factor E).
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to, or are reasonably likely to, affect
individuals of a species negatively. The term ``threat'' includes
actions or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition, or the action or condition itself. However, the mere
identification of any threat(s) may not be sufficient to compel a
finding that the information in the petition is substantial information
indicating that the petitioned action may be warranted. The information
presented in the petition must include evidence sufficient to suggest
that these threats may be affecting the species to the point that the
species may meet the definition of an endangered species or threatened
species under the Act.
If we find that a petition presents such information, our
subsequent status review will evaluate all identified threats by
considering the individual-, population-, and species-level effects and
the expected response by the species. We will evaluate individual
threats and their expected effects on the species, then analyze the
cumulative effect of the threats on the species as a whole. We also
consider the cumulative effect of the threats in light of those actions
and conditions that are expected to have positive effects on the
species--such as any existing regulatory mechanisms or conservation
efforts that may ameliorate threats. It is only after conducting this
cumulative analysis of threats and the actions that may ameliorate
them, and the expected effect on the species now and in the foreseeable
future, that we can determine whether the species meets 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.
Summary of Petition Finding
Species and Range
Kings River pyrg (Pyrgulopsis imperialis); Humboldt County, Nevada.
Evaluation of Information Summary
On October 31, 2023, we received a petition from the Western
Watersheds Project, requesting that the Kings River pyrg, an endemic
springsnail found in Humboldt County, Nevada, be listed as an
endangered species or a 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 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 spring modification (Factor A), we find that the
petition presents substantial scientific or commercial information
indicating that listing the Kings River pyrg may be warranted. The
petition presents credible information that all 13 known springs
occupied by the Kings River pyrg exhibited signs of habitat disturbance
during 2018 surveys and that the flows of 4 occupied springs have
already been modified.
The petition discusses several additional threats, which could
ultimately result in spring modification and impacts to Kings River
pyrg habitat. These threats include livestock grazing, roads, drought,
climate change, and the Thacker Pass Lithium Mine. The current State of
Nevada Division of Environmental Protection (NDEP) Water Pollution
Control permit for the Thacker Pass Lithium Mine does not authorize
mining below the groundwater table (NDEP 2022), which as written, may
significantly reduce the potential for spring modification from this
project. The petitioners also presented information suggesting that
nonnative aquatic species, small population size and limited
distribution, and the species' lack of mobility may be threats to the
Kings River pyrg. We will fully evaluate all potential threats to the
species 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.
[[Page 8631]]
The basis for our finding on this petition and other information
regarding our review of the petition can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-R8-ES-2023-0261 under
the Supporting Documents section.
Conclusion
On the basis of our evaluation of the information presented in the
petition under section 4(b)(3)(A) of the Act, we have determined that
the petition summarized above for the Kings River pyrg presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. We are, therefore, initiating a
status review of the species to determine whether the action is
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 action is not warranted, warranted, or
warranted but precluded by pending proposals to determine whether any
species is an endangered species or a threatened species.
Authors
The primary authors of this document are staff members of the
Pacific Southwest Region, Ecological Services Program, U.S. Fish and
Wildlife Service.
Authority
The authority for this action is 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. 2024-02620 Filed 2-7-24; 8:45 am]
BILLING CODE 4333-15-P