[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Proposed Rules]
[Pages 16819-16822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07707]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[4500030115]
Endangered and Threatened Wildlife and Plants; 90-Day Findings
for Two Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition findings and initiation of a status review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on two petitions to list, reclassify, or delist wildlife
or plants under the Endangered Species Act of 1973, as amended (Act).
Based on our review, we find that one petition 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 plan to initiate a review of the status
of that species to determine if the petitioned action is warranted. To
ensure that this status review is comprehensive, we are requesting
scientific and commercial data and other information regarding this
species. Based on the status review, we will issue a 12-month finding
on the petition, which will address whether or not the petitioned
action is warranted, in accordance with the Act. We also find that one
petition does not present substantial scientific or commercial
information indicating that the petitioned action may be warranted.
Therefore, we are not initiating a status review of this species in
response to that petition. We refer to this finding as a ``not
substantial'' petition finding.
DATES: These findings were made on April 17, 2018. As we commence work
on the status review, we seek any new information concerning the status
of, or threats to, the species or its habitat. Any information received
during our work on the status review will be considered.
ADDRESSES:
Supporting documents: Summaries of the bases for the petition
findings contained in this document are
[[Page 16820]]
available on http://www.regulations.gov under the appropriate docket
number (see table under SUPPLEMENTARY INFORMATION). Supporting
information in preparing these findings is available for public
inspection, by appointment, during normal business hours by contacting
the appropriate person, as specified in FOR FURTHER INFORMATION
CONTACT.
Submitting information: If you have new scientific or commercial
data or other information concerning the status of, or threats to, the
species for which we made these petition findings, or their habitats,
please submit that information by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter the appropriate docket
number (see Table 1 under SUPPLEMENTARY INFORMATION). Then, click on
the Search button. After finding the correct document, you may submit
information by clicking on ``Comment Now!'' If your information will
fit in the provided comment box, please use this feature of http://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 or hand-delivery to: Public
Comments Processing, Attn: [Insert appropriate docket number; see Table
1 under SUPPLEMENTARY INFORMATION], U.S. Fish and Wildlife Service, MS:
BPHC, 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 http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see Request for Information for
Status Reviews, below, for more information).
Not-substantial petition finding: A summary of the basis for the
not-substantial petition finding contained in this document is
available on http://www.regulations.gov under the appropriate docket
number (see Table 2 under SUPPLEMENTARY INFORMATION). Supporting
information in preparing this finding is available for public
inspection, by appointment, during normal business hours by contacting
the appropriate person, as specified under FOR FURTHER INFORMATION
CONTACT. If you have new information concerning the status of, or
threats to, this species, or its habitat, please submit that
information to the appropriate person.
FOR FURTHER INFORMATION CONTACT:
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Common name Contact person
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Cape mountain zebra.................... Bridget Fahey, 703-358-2163;
bridget_fahey@fws.gov.
Preble's meadow jumping mouse.......... Mike Thabault, 303-236-4210;
michael_thabault@fws.gov.
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If you use a telecommunications device for the deaf (TDD), please
call the Federal Relay Service at 800-877-8339.
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 a species to, or removing a
species from, the Federal Lists of Endangered and Threatened Wildlife
and Plants (Lists). 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''), remove a species from the Lists (i.e., ``delist''), or to
change a listed species' status from endangered to threatened, or from
threatened to endangered (i.e., ``reclassify'') 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 in the Code of Federal Regulations (CFR) 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 or threatened
species because of one or more of the five factors described in section
4(a)(1) of the Act (16 U.S.C 1531 et seq.). 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); or
(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 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) 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 will have positive effects on the species--such as
[[Page 16821]]
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.''
If we find that a petition presents substantial scientific or
commercial information, the Act requires us to 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).
Summaries of Petition Findings
The petition findings contained in this document are listed in the
tables below and the bases for the findings, along with supporting
information, are available on http://www.regulations.gov under the
appropriate docket number.
Table 1--Status Review
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URL to docket on http://
Common name Docket No. www.regulations.gov.
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Cape mountain zebra................. FWS-HQ-ES-2017-0100 https://www.regulations.gov/docket?D=FWS-HQ-ES-2017-0100.
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Table 2--Not-Substantial Petition Finding
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URL to docket on http://
Common name Docket No. www.regulations.gov
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Preble's meadow jumping mouse....... FWS-R6-ES-2017-0102 https://www.regulations.gov/docket?D=FWS-R6-ES-2017-0102.
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Evaluation of a Petition To Delist the Cape Mountain Zebra or
Reclassify the Subspecies as a Threatened Species Under the Act
Species and Range
Cape mountain zebra (Equus zebra zebra): South Africa (Eastern and
Western Cape provinces).
Petition History
On May 10, 2017, we received a petition dated May 10, 2017, from
Conservation Force and the Professional Hunters Association of South
Africa requesting that we delist the Cape mountain zebra (Equus zebra
zebra) or reclassify the subspecies from an endangered species to 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). This finding
addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted for the Cape mountain zebra due to the reduction or
elimination of threats related to the following: Habitat availability
(Factor A); commercial and recreational use (Factor B); disease and
predation (Factor C); hybridization and inbreeding (Factor E); and the
inadequacy of existing regulations with regards to a number of these
threats (Factor D) (for information about these factors, see
Background, above). However, during our status review, we will
thoroughly evaluate all potential threats to the subspecies, including
the extent to which any protections or other conservation efforts have
reduced those threats. Thus, for this subspecies, the Service requests
any information relevant to whether the subspecies falls within the
definition of either ``endangered species'' under section 3(6) of the
Act or ``threatened species'' under section 3(20) of the Act, including
information on the five listing factors under section 4(a)(1) (see
Request for Information for Status Reviews, below).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
http://www.regulations.gov under Docket No. FWS-HQ-ES-2017-0100 under
Supporting Documents.
Evaluation of a Petition To Delist the Preble's Meadow Jumping Mouse
Under the Act
Species and Range
Preble's meadow jumping mouse (Zapus hudsonius preblei): Colorado
and Wyoming.
Petition History
On March 30, 2017, we received a petition dated March 29, 2017,
from Pacific Legal Foundation (on behalf of Dr. Rob Roy Ramey II;
Center for Environmental Science, Accuracy and Reliability; Wyoming
Stock Growers Association; Colorado Cattlemen's Association; Colorado
Association of Home Builders; and Housing and Building Association of
Colorado Springs), requesting that the Preble's meadow jumping mouse be
delisted under the Act due to an error in taxonomic information. The
petition clearly identified itself as such and included the requisite
identification information for the petitioners, required at 50 CFR
424.14(c). This finding addresses the petition.
Finding
Based on our review of the petition and the source cited in the
petition, we find that the petition presents no additional or new
information that would support a taxonomic revision for the Preble's
mouse or that would indicate that the subspecies is not a valid entity
under the Act. Therefore, we find that the petition does not present
substantial scientific or commercial information indicating that
delisting the Preble's meadow jumping mouse may be warranted. Because
the petition does not present substantial information indicating that
delisting the Preble's meadow jumping mouse 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 Not-substantial
petition finding under ADDRESSES, above).
The basis for our finding on this petition, and other information
regarding our review of this petition, can be found as an appendix at
http://www.regulations.gov under Docket No. FWS-R6-ES-2017-0102 under
Supporting Documents.
Request for Information for Status Reviews
When we make a finding that a petition presents substantial
[[Page 16822]]
information indicating that listing, reclassification, or delisting of
a species may be warranted, we are required to review the status of the
species (a status review). For the status review to be complete and
based on the best available scientific and commercial information, we
request information on the species from governmental agencies, Native
American Tribes, the scientific community, industry, and any other
interested parties. We seek information on:
(1) The species' biology, range, and population trends, including:
(a) Habitat requirements;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
and
(d) Historical and current population levels and current and
projected trends.
(2) The five factors described in section 4(a)(1) of the Act (see
Background, above) that are the basis for making a listing,
reclassification, or delisting determination for a species under
section 4(a) of the Act, including past and ongoing conservation
measures that could decrease the extent to which one or more of the
factors affect the species, its habitat, or both.
(3) The potential effects of climate change on the species and its
habitat, and the extent to which it affects the habitat or range of the
species.
Submissions merely stating support for or opposition to the actions
under consideration without providing supporting information, although
noted, will not be considered in making a determination. Section
4(b)(1)(A) of the Act directs that determinations as to whether any
species is an endangered or threatened species must be made ``solely on
the basis of the best scientific and commercial data available.''
You may submit your information concerning the status review by one
of the methods listed in ADDRESSES. If you submit information via
http://www.regulations.gov, your entire submission--including any
personal identifying information--will be posted on the website. If you
submit a hardcopy that includes personal identifying information, you
may request at the top of your document that we withhold this personal
identifying information from public review. However, we cannot
guarantee that we will be able to do so. We will post all hardcopy
submissions on http://www.regulations.gov.
It is important to note that the standard for a 90-day finding
differs from the Act's standard that applies to a status review to
determine whether a petitioned action is warranted. In making a 90-day
finding, we consider information in the petition and sources cited in
the petition, as well as information that is readily available, and we
evaluate merely whether that information constitutes ``substantial
information'' indicating that the petitioned action ``may be
warranted.'' In a 12-month finding, we must complete a thorough status
review of the species and evaluate the ``best scientific and commercial
data available'' to determine whether a petitioned action ``is
warranted.'' Because the Act's standards for 90-day and 12-month
findings are different, a substantial 90-day finding does not mean that
the 12-month finding will result in a ``warranted'' finding.
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 petition summarized above for the Cape mountain zebra presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. We are, therefore, initiating a
status review 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.
In addition, we have determined that the petition summarized above
for the Preble's meadow jumping mouse does not present substantial
scientific or commercial information indicating that the requested
actions may be warranted. Therefore, we are not initiating a status
review for this species.
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.).
Dated: February 23, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-07707 Filed 4-16-18; 8:45 am]
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