Federal Register, Volume 83 Issue 243 (Wednesday, December 19, 2018)

[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Proposed Rules]
[Pages 65127-65134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27467]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[4500090022]

Endangered and Threatened Wildlife and Plants; 12-Month Findings
on Petitions to List 13 Species as Endangered or Threatened Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 12-month petition findings.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 12-
month findings on petitions to list 13 species 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 Cedar Key mole skink, Florida sandhill crane, Fremont
County rockcress, Frisco buckwheat, Ostler's peppergrass, Frisco
clover, MacGillivray's seaside sparrow, Ozark pyrg, pale blue-eyed
grass, San Joaquin Valley giant flower-loving fly, striped newt, Tinian
monarch, and Tippecanoe darter. However, we ask the public to submit to
us at any time any new information that becomes available relevant to
the status of any of the species mentioned above or their habitats.

DATES: The findings in this document were made on December 19, 2018.

ADDRESSES: Detailed descriptions of the basis for each of these
findings are available on the internet at http://www.regulations.gov
under the following docket numbers:

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Species Docket No.
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Cedar Key mole skink....................................... FWS-R4-ES-2015-0047
Florida sandhill crane..................................... FWS-R4-ES-2018-0099
Fremont County rockcress................................... FWS-R6-ES-2018-0049
Frisco buckwheat, Ostler's peppergrass, and Frisco clover.. FWS-R6-ES-2018-0100
MacGillivray's seaside sparrow............................. FWS-R4-ES-2018-0067
Ozark pyrg................................................. FWS-R4-ES-2018-0101
Pale blue-eyed grass....................................... FWS-R1-ES-2018-0102
San Joaquin Valley giant flower-loving fly................. FWS-R8-ES-2015-0023
Striped newt............................................... FWS-R4-ES-2018-0065
Tinian monarch............................................. FWS-R1-ES-2018-0103
Tippecanoe darter.......................................... FWS-R5-ES-2018-0066
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Supporting information used to prepare these findings is available
for public inspection, by appointment, during normal business hours, by
contacting the appropriate person, as specified under FOR FURTHER
INFORMATION CONTACT. Please submit any new information, materials,
comments, or questions concerning these findings 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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Cedar Key mole skink......... Jay Herrington, Field Supervisor, North
Florida Ecological Services Field
Office, 904-731-3191.
Florida sandhill crane....... Jay Herrington, Field Supervisor, North
Florida Ecological Services Field
Office, 904-731-3191.
Fremont County rockcress..... Tyler Abbot, Project Leader, Wyoming
Ecological Services Field Office, 307-
772-2374, ext. 231.

[[Page 65128]]

Frisco buckwheat, Ostler's Jennifer Lewinsohn, Biologist, Utah
peppergrass, and Frisco Ecological Services Field Office, 801-
clover. 597-8352.
MacGillivray's seaside Thomas McCoy, Field Supervisor, South
sparrow. Carolina Ecological Services Field
Office, 843-300-0431.
Ozark pyrg................... Melvin Tobin, Field Supervisor, Arkansas
Ecological Services Field Office, 501-
513-4473.
pale blue-eyed grass......... Karen Reagan, Biologist, Washington Fish
and Wildlife Office, 360-753-7762.
San Joaquin Valley giant Josh Hull, Recovery and Listing Division
flower-loving fly. Chief, Sacramento Fish and Wildlife
Office, 916-414-6742.
striped newt................. Jay Herrington, Field Supervisor,
Northeast Florida Ecological Services
Field Office, 904-731-3191.
Tinian monarch............... Mary Abrams, Field Supervisor, Pacific
Islands Fish and Wildlife Office, 808-
792-9400.
Tippecanoe darter............ Robert Anderson, Field Supervisor,
Pennsylvania Field Office, 814-234-4090,
ext. 7447.
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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

We are required to make a finding whether or not the petitioned
action is warranted within 12 months after receiving any petition we
determined contained substantial scientific or commercial information
indicating that the petitioned action may be warranted (section
4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.)) (``12-month finding'').
We must make a finding that the petitioned action is: (1) Not
warranted; (2) warranted; or (3) warranted but precluded. ``Warranted
but precluded'' means that (a) the petitioned action is warranted, but
the immediate proposal of a regulation implementing the petitioned
action is precluded by other pending proposals to determine whether
species are endangered or threatened species, and (b) expeditious
progress is being made to add qualified species to the Lists of
Endangered and Threatened Wildlife and Plants (Lists) and to remove
from the Lists species for which the protections of the Act are no
longer necessary. Section 4(b)(3)(C) of the Act requires that we treat
a petition for which the requested action is found to be warranted but
precluded as though resubmitted on the date of such finding, that is,
requiring that a subsequent finding be made within 12 months of that
date. We must publish 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. 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.
In considering whether a species may meet the definition of an
endangered species or a threatened species because of any of the five
factors, we must look beyond the mere exposure of the species to the
stressor to determine whether the species responds to the stressor in a
way that causes actual impacts to the species. If there is exposure to
a stressor, but no response, or only a positive response, that stressor
does not cause a species to meet the definition of an endangered
species or a threatened species. If there is exposure and the species
responds negatively, we determine whether that stressor drives or
contributes to the risk of extinction of the species such that the
species warrants listing as an endangered or threatened species. The
mere identification of stressors that could affect a species negatively
is not sufficient to compel a finding that listing is or remains
warranted. For a species to be listed or remain listed, we require
evidence that these stressors are operative threats to the species and
its habitat, either singly or in combination, to the point that the
species meets the definition of an endangered or a threatened species
under the Act.
In conducting our evaluation of the five factors provided in
section 4(a)(1) of the Act to determine whether the Cedar Key mole
skink (Plestiodon egregius insularis), Florida sandhill crane (Antigone
canadensis pratensis), Boechera pusilla (Fremont County rockcress),
Eriogonum soredium (Frisco buckwheat), Lepidium ostleri (Ostler's
peppergrass), Trifolium friscanum (Frisco clover), MacGillivray's
seaside sparrow (Ammodramus maritimus macgillivraii), Ozark pyrg
(Marstonia ozarkensis), Sisyrinchium sarmentosum (pale blue-eyed
grass), San Joaquin Valley giant flower-loving fly (Rhaphiomidas
trochilus), striped newt (Notophthalmus perstriatus), Tinian monarch
(Monarcha takatsukasae), and Tippecanoe darter (Etheostoma tippecanoe)
meet the 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. These evaluations may include information from recognized
experts; Federal, State, and tribal governments; academic institutions;
foreign governments; private entities; and other members of the public.
The species assessment forms for the Cedar Key mole skink, Florida
sandhill crane, Fremont County rockcress, Frisco buckwheat, Ostler's
peppergrass, Frisco clover, MacGillivray's seaside sparrow, Ozark pyrg,
pale blue-eyed grass, San Joaquin Valley giant flower-loving fly,
striped newt, Tinian monarch, and Tippecanoe darter contain more
detailed biological information, a thorough analysis of the listing
factors, and an explanation of why we determined that these species do
not meet the definition of an endangered species or a threatened
species. This supporting information can be found on the internet at
http://www.regulations.gov under the appropriate docket number (see

[[Page 65129]]

ADDRESSES, above). The following are informational summaries for each
of the findings in this document.

Cedar Key Mole Skink

Previous Federal Actions
On July 11, 2012, we received a petition from the Center for
Biological Diversity, C. Kenneth Dodd, Jr., Kenney Krysko, Michael J.
Lannoo, Thomas Lovejoy, Allen Salzberg, and Edward O. Wilson to list 53
amphibians and reptiles, including the Cedar Key mole skink, as
endangered or threatened species under the Act and to designate
critical habitat. On July 1, 2015, we published the 90-day finding in
the Federal Register (80 FR 37568), concluding that the petition
presented substantial information indicating the Cedar Key mole skink
may warrant listing. This document constitutes the 12-month finding on
the July 11, 2012, petition to list the Cedar Key mole skink under the
Act.
Summary of Finding
The Cedar Key mole skink is a shiny brown lizard reaching a total
length of approximately 15 centimeters (5.9 inches) with the light pink
colored tail accounting for two-thirds of the length. This subspecies
is semi-fossorial (adapted to digging, burrowing, and living
underground) and cryptic in nature but has also been seen running along
the substrate surface when exposed.
The Cedar Key mole skink inhabits the beach berm and dry coastal
hammock habitats on eight islands of the Cedar Keys along a 10-mile
section of Levy County along Florida's Gulf Coast. The Cedar Key mole
skink relies on dry, unconsolidated soils for movement, cover, and
nesting.
We evaluated all relevant factors under the five factors, including
any regulatory mechanisms and conservation measures ameliorating
stressors. The primary stressors include effects of sea-level rise and
climate change-associated shifts in rainfall, temperature, and storm
intensities. The continued occurrence of the Cedar Key mole skink in
low numbers on two of the historically surveyed islands, as well as
recent observations on five additional islands, indicates a level of
resiliency to the stressors that have been acting upon the subspecies
in the past and are currently acting on it. In addition, over time, the
subspecies has persisted on multiple islands, providing a level of
redundancy that will help the Cedar Key mole skink withstand the
potential increased catastrophic events into the future. Finally, the
subspecies should continue to exhibit a level of representation with
suitable habitat continuing to occur on multiple islands in varying
sizes and elevations across the range of the subspecies. In sum, we
find that the continued presence of occupied habitat (as well as
potentially occupied suitable habitat) and projected continuance of
suitable habitat across the subspecies' range continues to provide a
level of resiliency, redundancy, and representation to the subspecies
such that the Cedar Key mole skink is not presently in danger of
extinction throughout all or a significant portion of its range or
likely to become so within the foreseeable future. We find that the
stressors acting on the subspecies and its habitat, either singly or in
combination, are not of sufficient imminence, intensity, or magnitude
to indicate that this subspecies meets the definition of an endangered
species or a threatened species. Therefore, we find that listing the
Cedar Key mole skink as an endangered species or threatened species is
not warranted. A detailed discussion of the basis for this finding can
be found in the Cedar Key mole skink species assessment form and other
supporting documents (see ADDRESSES, above).

Florida Sandhill Crane

Previous Federal Actions
On April 20, 2010, we received a petition from the Center for
Biological Diversity, the Alabama Rivers Alliance, the Clinch
Coalition, Dogwood Alliance, the Gulf Restoration Network, Tennessee
Forests Council, and the West Virginia Highlands Conservancy to list
404 aquatic, riparian, and wetland species, including the Florida
sandhill crane, as endangered or threatened species under the Act. On
September 27, 2011, we published a 90-day finding in the Federal
Register (76 FR 59836), concluding that the petition presented
substantial information indicating the Florida sandhill crane may
warrant listing. This document constitutes the 12-month finding on the
April 20, 2010, petition to list the Florida sandhill crane under the
Act.
Summary of Finding
Florida sandhill cranes are graceful, monogamous, long-lived birds
in the Gruidae family. This subspecies is one of six that reside in
North America, and one of three that are non-migratory. The Florida
sandhill crane is a single, large population that ranges from the
Okefenokee Swamp in southern Georgia to the Everglades in southern
Florida, overlapping with the greater sandhill crane subspecies during
the winter season. Both males and females raise one to two chicks per
nesting attempt and are able to re-nest two to three times per year, if
necessary.
Florida sandhill cranes use a variety of adjacent, open upland
habitats, including grasslands, prairies, emergent palustrine wetlands,
open pine forests, pastures, and forest-pasture transition areas. They
also use the transition areas between wetland and upland habitats, and
they feed in human-manipulated environments year-round, such as (but
not limited to) agricultural lands, golf courses, airports, and
suburban areas.
We evaluated all relevant factors under the five factors, including
any regulatory mechanisms and conservation measures ameliorating
stressors. The primary threats to the Florida sandhill crane include
habitat loss/conversion/degradation, changing climate conditions
(drought and precipitation/heavy rain events), and mortalities
resulting from predation, collisions, or human interactions/nest
disturbances. The most significant of these threats for the long-term
persistence of Florida sandhill crane is loss, conversion, or
degradation of suitable habitat. Habitat has been lost historically and
is expected to be lost or converted into the future. However, the
Florida sandhill crane continues to currently occupy its historical
range, and is also expected to in the future, albeit as a smaller
(i.e., less abundant) population than is currently represented. Its
demonstrated ability to adapt to and use agricultural and suburban
habitats (e.g., croplands, pastures, golf courses, recreational areas)
for breeding, nesting, and feeding activities help ensure its
resiliency into the future. Although drought, precipitation changes/
events, and direct mortalities will play a role on the species'
resource needs and reproductive success, the best available information
suggests that any impacts are affecting and likely to affect the
subspecies at the individual level as opposed to the population/
rangewide level both currently and in the future. Therefore, we find
that listing the Florida sandhill crane as endangered or threatened is
not warranted. A detailed discussion of the basis for this finding can
be found in the Florida sandhill crane species assessment form and
other supporting documents (see ADDRESSES, above).

Fremont County Rockcress

Previous Federal Actions
On July 30, 2007, we received a petition from Forest Guardians (now
WildEarth Guardians), to list 206

[[Page 65130]]

Mountain-Prairie Region species, including the Fremont County
rockcress, as endangered or threatened species under the Act. On August
18, 2009, we published a 90-day finding in the Federal Register (74 FR
41649), concluding that the petition presented substantial information
indicating the Fremont County rockcress may warrant listing. On June 9,
2011, we published a 12-month finding in the Federal Register (76 FR
33924), concluding that listing the Fremont County rockcress is
warranted based on survey information indicating the species was in
decline. However, listing the species was precluded at that time by
higher priority actions, and the species was added to the candidate
species list with a listing priority number of 8. We subsequently
addressed the status of the species annually in our candidate notices
of review (76 FR 66370, October 26, 2011; 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). In 2016,
we revised the listing priority number from an 8 to an 11 because we
found that the threats affecting the species were no longer high in
magnitude nor were they imminent, and were instead low in magnitude and
non-imminent.
Summary of Finding
The Fremont County rockcress is a narrow endemic perennial herb
known to occur on approximately 18 acres (7 hectares) of habitat in the
southern foothills of the Wind River Range, Wyoming. The species'
habitat consists of sparsely vegetated, course, granite soil pockets in
exposed granite-pegmatite (igneous rock solidified from lava or magma)
outcrops, and the habitat faces extreme cold temperature and wind
conditions. The species is also characterized by its reproductive
system, in which individual plants reproduce through asexual seed
production.
We evaluated all relevant factors under the five factors, including
any regulatory mechanisms and conservation measures ameliorating
stressors. To assess the resiliency of the species, we reviewed the
abundance of flowering and non-flowering individuals and colonization
of populations, which is driven by the species' reproductive system,
winter precipitation, soil availability, sunlight, and freedom from
competition. Stochastic events such as severe precipitation events,
wildfire, and invasions of nonnative, invasive species affect the
resiliency of the species. However, we find that there are no stressors
currently impacting the species; the species has demonstrated
persistence as a narrow endemic; there are protections in place to
benefit the species; and its sole occurrence has sufficiently high
levels of flowering plant abundance, colonization, and suitable habitat
factors.
Considering that Fremont County rockcress presently exhibits high
levels of resiliency, and is expected to continue to be resilient
within the foreseeable future while retaining sufficient adaptive
capacity and the ability to withstand catastrophic events, we find that
the species is not presently in danger of extinction throughout all or
a significant portion of its range or likely to become so within the
foreseeable future. Therefore, we find that listing Fremont County
rockcress as an endangered species or threatened species is not
warranted. A detailed discussion of the basis for this finding can be
found in the Fremont County rockcress species assessment form and other
supporting documents (see ADDRESSES, above).

Frisco Buckwheat, Ostler's Peppergrass, and Frisco Clover

Previous Federal Actions
On July 30, 2007, we received a petition from Forest Guardians (now
WildEarth Guardians), to list 206 Mountain-Prairie Region species,
including the Frisco buckwheat, Ostler's peppergrass, and Frisco
clover, as endangered or threatened species under the Act. On August
18, 2009, we published 90-day findings in the Federal Register (74 FR
41649), concluding that the petition presented substantial information
indicating the Frisco buckwheat, Ostler's peppergrass, and Frisco
clover may warrant listing. On February 23, 2011, we published 12-month
findings in the Federal Register (76 FR 10166), concluding that listing
the Frisco buckwheat, Ostler's peppergrass, and Frisco clover is
warranted primarily due to the threat of habitat destruction from
mining activities. However, listing the species was precluded at that
time by higher priority actions, and the species were added to the
candidate species list with listing priority numbers of 8. We
subsequently addressed the status of these species annually in our
candidate notices of review (76 FR 66370, October 26, 2011; 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).
Summary of Finding
The Frisco buckwheat, Ostler's peppergrass, and Frisco clover are
rare endemic plants species found only in Utah. These species are
addressed here together as they occupy roughly the same area, have
similar life histories, and face similar potential threats. Frisco
buckwheat and Ostler's peppergrass occur together in three populations,
occupying 297 acres (120 hectares) and 153 acres (62 hectares) of
habitat, respectively. The Frisco clover is known from six populations
and occupies 360 acres (146 hectares) of habitat.
These three species are long-lived perennial plants that flower in
the spring and summer months and likely require pollinators for maximum
reproduction. Plant survival and successful recruitment require
suitable intact soils with microsites for establishment and growth. The
low canopy coverage of associated vegetation must result in low plant
competition but also appears to provide sufficient floral resources to
support pollinators. The health (long-term productivity) of populations
is affected by the population size, habitat quantity, and habitat
quality available to support stable or increasing populations. In
addition to proximity between populations, habitat connectivity is
important to support gene flow within populations.
We evaluated all relevant factors under the five factors, including
any regulatory mechanisms and conservation measures ameliorating
stressors. The primary stressors are precious metal exploration and
mining; stone mining; nonnative, invasive species; and climate change.
We found that there has been no reduction in redundancy or
representation from historic conditions for these species. Currently,
there is some stone mining occurring with minimum overlap with the
plant populations and no significant impact on current viability.
Despite some impacts from mining, invasive species, and climate change,
the species are likely to face minimal decreases in population
resiliency and minimal reduction in redundancy and representation, with
all populations persisting within the foreseeable future. Therefore, we
find that listing the Frisco buckwheat, Ostler's peppergrass, and
Frisco clover as endangered or threatened is not warranted. A detailed
discussion of the basis for this finding can be found in the Frisco
buckwheat, Ostler's peppergrass, and Frisco clover species assessment
form and other supporting documents (see ADDRESSES, above).

[[Page 65131]]

MacGillivray's Seaside Sparrow

Previous Federal Actions
On April 20, 2010, we received a petition from the Center for
Biological Diversity, the Alabama Rivers Alliance, the Clinch
Coalition, Dogwood Alliance, the Gulf Restoration Network, Tennessee
Forests Council, and the West Virginia Highlands Conservancy to list
404 aquatic, riparian, and wetland species, including the
MacGillivray's seaside sparrow, as endangered or threatened species
under the Act. On September 27, 2011, we published a 90-day finding in
the Federal Register (76 FR 59836), concluding that the petition
presented substantial information indicating the MacGillivray's seaside
sparrow may warrant listing. Subsequently, we entered into a stipulated
settlement agreement with the Center for Biological Diversity that
required us to submit a 12-month finding to the Federal Register by
September 30, 2018. The court later agreed to extend this deadline
until December 15, 2018. This document constitutes the 12-month finding
on the April 20, 2010, petition to list the MacGillivray's seaside
sparrow under the Act.
Summary of Finding
The MacGillivray's seaside sparrow is a subspecies of seaside
sparrow that occurs in Atlantic coastal marshes in South Carolina,
Georgia, and Florida. The MacGillivray's seaside sparrow is an olive-
gray bird with a relatively long bill and short, sharp tail, and the
subspecies reaches approximately 14 to 15 centimeters (5.5 to 6 inches)
in length.
MacGillivray's seaside sparrows spend their entire life in coastal
salt and brackish marshes. The subspecies is currently characterized by
four breeding populations. In South Carolina, the subspecies breeds in
lower elevation areas of natural high marsh and impoundments; in
Georgia, the MacGillivray's seaside sparrow breeds in higher elevation
areas of natural low salt marsh. The subspecies needs dense herbaceous
cover for nesting and sheltering, and high tide roosting sites in the
marsh to evade flooding. Adult MacGillivray's seaside sparrows have
behavioral adaptations to balance the trade-off in risk from predation
and flooding to nest success, and, therefore, will shift nest-site
placement along a nest height gradient to contend with these dual
risks.
We evaluated all relevant factors under the five factors, including
any regulatory mechanisms and conservation measures ameliorating
stressors. The primary stressors are predation, tidal flooding, sea
level rise, and increased storm frequency due to climate change. We
conclude that the viability of the MacGillivray's seaside sparrow will
continue to be characterized by four breeding populations across most
of the current range of coastal marshes in South Carolina, Georgia, and
Florida in the near term and within the foreseeable future. In
addition, although sea level rise will cause the loss of high abundance
breeding habitat, the MacGillivray's seaside sparrow will continue to
occur in different habitat types and thus will maintain some adaptive
capacity in the future.
We find that the stressors acting on the subspecies and its
habitat, either singly or in combination, are not of sufficient
imminence, intensity, or magnitude to indicate that this subspecies
meets the definition of an endangered species or a threatened species.
Therefore, we find that listing the MacGillivray's seaside sparrow as
endangered or threatened is not warranted. A detailed discussion of the
basis for this finding can be found in the MacGillivray's seaside
sparrow species assessment form and other supporting documents (see
ADDRESSES, above).

Ozark Pyrg

Pale Blue-Eyed Grass

Previous Federal Actions
On July 30, 2007, we received a petition from Forest Guardians (now
WildEarth Guardians), to list 206 Mountain-Prairie Region species,
including the pale blue-eyed grass, as endangered or threatened species
under the Act. On August 18, 2009, we published a 90-day finding in the
Federal Register (74 FR 41649), concluding that the petition presented
substantial information indicating the pale blue-eyed grass may warrant
listing. This document constitutes the 12-month finding on the July 30,
2007, petition to list the pale blue-eyed grass under the Act.
Summary of Finding
The pale blue-eyed grass is a long-lived perennial herb in the iris
family that produces small, pale blue flowers. The species is a narrow
endemic known from a limited area in the Cascade Range of south-central
Washington and north-central Oregon. Individual plants need early
seral, open habitats with cool temperatures to break seed dormancy,
adequate moisture to germinate and establish, and warm sunny days to
stimulate flowering. Individual plants need pollinators for sexual
exchange of genetic materials and adequate seed set but can reproduce
by self-fertilizing and by sprouting rhizomes to reproduce
vegetatively. Seeds need a dispersal mechanism that moves them away
from the parent plant, thereby reducing intraspecific competition and
exposure to pathogens that may have infected older established plants.

[[Page 65132]]

For robust resiliency over time, it can be assumed that pale blue-
eyed grass populations likely need numerous individuals representing a
diversity of genotypes within habitat patches of adequate area,
quality, and connectivity to maintain survival and reproduction in
spite of disturbance and shifting environmental conditions. Redundant
populations across the range are needed to increase the species'
chances of surviving catastrophic events. Representation through
genetic and environmental diversity within and among populations is
necessary to conserve long-term adaptive capability.
We evaluated all relevant factors under the five factors, including
any regulatory mechanisms and conservation measures ameliorating
stressors. The primary stressors affecting the pale blue-eyed grass'
status include grazing, motor vehicles, invasive plants, putative
hybridization, camping and recreation, habitat-disturbing management
activities, habitat encroachment, and effects of climate change.
Despite impacts from these stressors at an individual level, the
species has maintained resilient populations. Although we predict some
continued impacts from these stressors in the future, we anticipate the
species will continue to be viable in resilient populations that are
distributed widely throughout both of its representative areas
(Washington and Oregon). Therefore, we find that listing the pale blue-
eyed grass as an endangered species or threatened species is not
warranted. A detailed discussion of the basis for this finding can be
found in the pale blue-eyed grass species assessment form and other
supporting documents (see ADDRESSES, above).

San Joaquin Valley Giant Flower-Loving Fly

Previous Federal Actions
On June 26, 2014, we received a petition from Gregory R. Ballmer
and Kendall H. Osborne to list the San Joaquin Valley giant flower-
loving fly as an endangered species under the Act. On April 10, 2015,
we published a 90-day finding in the Federal Register (80 FR 19259),
concluding that the petition presented substantial information
indicating that listing the San Joaquin Valley giant flower-loving fly
may be warranted. This document constitutes the 12-month finding on the
June 26, 2014, petition to list the San Joaquin Valley giant flower-
loving fly under the Act.
Summary of Finding
San Joaquin Valley giant flower-loving fly larvae have small, foot-
like protrusions like caterpillars, and grow to about 6.4 centimeters
(2.5 inches). They burrow down to moist sands below the surface, where
they prey on the burrowing larvae of other insects. After 1 to 2 years,
the fly larva produces a pupa, which metamorphoses into an adult.
Adults are strong flyers, are 2.5 to 3.5 centimeters (1 to 1.5 inches)
long, and live about 3 days. The species' ``flight season'' lasts about
7 weeks, from mid-August to early October. Males seek potential mates
by sight, occasionally defending territories from other males. After
mating, females lay eggs in shaded areas, either on the surface of bare
sandy soil, or in shallow holes dug into the sand using their abdomens.
Eggs likely hatch in about 10 days.
The San Joaquin Valley giant flower-loving fly's known historical
range includes eight locations across the San Joaquin Valley,
California, but it is now known only from Sand Ridge, a large stable
sand dune about 24 kilometers (15 miles) east of Bakersfield, in Kern
County, California. For over 20 years prior to discovery of the Sand
Ridge population in 1997, the species was thought to be extinct. A
second, smaller population was also discovered in 1997, about 16
kilometers (10 miles) south of Bakersfield, but no individuals have
been observed there since 2006.
We evaluated all relevant factors under the five factors, including
any regulatory mechanisms and conservation measures ameliorating
stressors. The primary stressors that may be affecting the species
include effects of climate change, urban and agricultural development,
sand mining, vegetation overgrowth, small population size, off-highway
vehicles, and pesticide drift. Despite the fly being dependent on rare
areas of inland dune sand and having lost seven of eight historically
known populations, we found that the remaining population provides
sufficient resiliency, redundancy, and representation now and in the
future. Further, we found that the stressors we assessed are not of
sufficient imminence, intensity, or magnitude, either singly or in
combination, to indicate that the fly is in danger of extinction
throughout all or a significant portion of its range now or in the
foreseeable future. Therefore, we find that listing the San Joaquin
Valley giant flower-loving fly as an endangered species or threatened
species is not warranted. A detailed discussion of the basis for this
finding can be found in the San Joaquin Valley giant flower-loving fly
species assessment form and other supporting documents (see ADDRESSES,
above).

Striped Newt

Previous Federal Actions
On July 14, 2008, we received a petition from Dr. D. Bruce Means,
Ryan C. Means, and Rebecca P.M. Means of the Coastal Plains Institute
and Land Conservancy, requesting that the striped newt be listed as a
threatened species under the Act. On March 23, 2010, we published a 90-
day finding in the Federal Register (75 FR 13720), concluding that the
petition presented substantial information indicating that listing the
striped newt may be warranted. On June 7, 2011, we published a 12-month
finding in the Federal Register (76 FR 32911), concluding that listing
the striped newt was warranted due to threats associated with habitat
loss, disease, drought, and inadequacy of existing regulatory
mechanisms to address those threats. However, listing the species was
precluded at that time by higher priority actions, and the species was
added to the candidate species list with a listing priority number of
8. We subsequently addressed the status of the species annually in our
candidate notices of review (76 FR 66370, October 26, 2011; 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).
Summary of Finding
The striped newt uses ephemeral wetlands and the upland habitat
(e.g., scrub, mesic flatwoods, sandhills) that surrounds those
wetlands. Striped newts have a lifespan of 12 to 15 years and use
aquatic and terrestrial habitats during their complex life cycle. Adult
striped newts can occur as both a gilled aquatic form and a terrestrial
form.
The current range of the striped newt extends from southern Georgia
to north-central Florida, with 105 breeding ponds extant in Florida and
11 in Georgia. Striped newts are divided into two regions: the Eastern
Region (peninsular Florida and eastern Georgia) and the Western Region
(panhandle Florida and western Georgia). Patterns in precipitation and
temperature cause ecological differentiation between these two regions.
We evaluated all relevant factors under the five factors, including
any regulatory mechanisms and conservation measures ameliorating
stressors. The primary stressors are land

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use change, fire suppression, effects of climate change, and off-road
vehicle impacts. Potential impacts associated with overutilization and
predation were also analyzed but found not to affect the species to
such an extent that they would have a negative impact on species'
viability.
We have concluded that the threats currently impacting the striped
newt are of lower magnitude than were previously thought. Furthermore,
new populations of striped newt have been discovered since the species
was added to the candidate species list, resulting in increased
resiliency, redundancy, and representation for the species.
Additionally, past conservation efforts, including captive rearing and
release of striped newts, have helped reestablish striped newt
populations in previously extirpated areas, such as in the Apalachicola
National Forest. Finally, 85 percent of striped newt populations
currently occur on conserved lands.
Based on the best available information, we find that the striped
newt does not meet the definition of an endangered species or
threatened species. Therefore, we find that listing the striped newt as
an endangered species or threatened species is not warranted. A
detailed discussion of the basis for this finding can be found in the
striped newt species assessment form and other supporting documents
(see ADDRESSES, above).

Tinian Monarch

Previous Federal Actions
On December 12, 2013, we received a petition from the Center for
Biological Diversity requesting that the Tinian monarch be listed as an
endangered or threatened species under the Act. On September 18, 2015,
we published a 90-day finding in the Federal Register (80 FR 56423),
concluding that the petition presented substantial information
indicating that listing the Tinian monarch may be warranted. This
document constitutes the 12-month finding on the December 12, 2013,
petition to list the Tinian monarch under the Act.
Summary of Finding
The Tinian monarch is a small flycatcher bird about 15 centimeters
(6 inches) bill to tail. Tinian monarchs are dull with light rufous
underparts, olive-brown upperparts, and dark chocolate brown wings and
tail. This species is endemic to the island of Tinian, which is part of
the Northern Mariana Islands in the western Pacific Ocean.
The Tinian monarch lives mainly in forested habitat where it
shelters, breeds, and forages for insects. There are various types of
forest on Tinian including native limestone, secondary-mixed, and
nonnative tangantangan forest, all of which are inhabited by the
monarch. Individuals breed year round beginning at about 2 years of age
and live around 10 years.
We evaluated all relevant factors under the five factors, including
any regulatory mechanisms and conservation measures ameliorating
stressors. The primary potential stressors affecting the Tinian monarch
include the risk of the invasive, predatory brown treesnake
establishing on Tinian and habitat loss from civilian and military
development, including loss via potential resulting wildfires. We find
that the risk of brown treesnake establishing on Tinian now and in the
future is low, because of the sufficient interdiction program on Guam
and Tinian that prevents the spread of the snake to areas where it is
not found, including Tinian. We also find that despite extensive
historical impacts to Tinian's forest habitat, the Tinian monarch is
currently thriving. This is the result of expansive forest regrowth and
the species' highly resilient nature, which is evidenced by its rebound
following historical periods of habitat loss and by its ability to
forage and reproduce within the remaining native forest, abundant
nonnative forest, and mixed forest on Tinian. Therefore, we find that
listing the Tinian monarch as an endangered species or threatened
species is not warranted. A detailed discussion of the basis for this
finding can be found in the Tinian monarch species assessment form and
other supporting documents (see ADDRESSES, above).

Tippecanoe Darter

Previous Federal Actions
On April 20, 2010, we received a petition from the Center for
Biological Diversity, the Alabama Rivers Alliance, the Clinch
Coalition, Dogwood Alliance, the Gulf Restoration Network, Tennessee
Forests Council, and the West Virginia Highlands Conservancy to list
404 aquatic, riparian, and wetland species, including the Tippecanoe
darter, as endangered or threatened species under the Act. On September
27, 2011, we published a 90-day finding in the Federal Register (76 FR
59836), concluding that the petition presented substantial information
indicating that listing the Tippecanoe darter may be warranted. This
notice constitutes the 12-month finding on the April 20, 2010, petition
to list the Tippecanoe darter under the Act.
Summary of Finding
The Tippecanoe darter is one of the smallest species of darters (35
millimeters (1.38 inches) in length). Males are distinguished by their
gold or orange color with blue-black vertical bars, while females are
more subdued in color. The fish has a relatively widespread, disjunct
distribution with 12 of its 15 historical populations extant across six
States: Indiana, Kentucky, Ohio, Pennsylvania, Tennessee, and West
Virginia. The species is expanding its range in some areas.
Tippecanoe darters inhabit fourth-order and larger streams and
rivers, and prefer riffles and runs with rocky bottom substrates and
adequate water flow to keep spaces between and under rocks free from
sediment. Individuals are mature within their first year, spawn in May
to early August, and live to between 1 and 2 years of age.
We evaluated all relevant factors under the five factors, including
any regulatory mechanisms and conservation measures ameliorating
stressors. The primary stressors affecting the Tippecanoe darter
include habitat fragmentation from dams and impairments to water
quality, including sedimentation and agricultural and urban runoff.
Despite impacts from these stressors, the species has maintained
resilient populations and is increasing occupancy in some reaches,
likely due to improved water quality or improved survey techniques.
Although we predict some continued impacts from these stressors in the
future, we anticipate the species will persist in resilient populations
that are distributed widely throughout each of its representative
physiographic provinces.
In summary, we find that the stressors acting on the species and
its habitat, either singly or in combination, are not of sufficient
imminence, intensity, or magnitude to indicate that this species meets
the definition of an endangered species or a threatened species.
Therefore, we find that listing the Tippecanoe darter as an endangered
species or threatened species is not warranted. A detailed discussion
of the basis for this finding can be found in the Tippecanoe darter
species assessment form and other supporting documents (see ADDRESSES,
above).

New Information

We request that you submit any new information concerning the
taxonomy of, biology of, ecology of, status of, or stressors to the
Cedar Key mole skink, Florida sandhill crane, Fremont County rockcress,
Frisco buckwheat, Ostler's peppergrass, Frisco clover,

[[Page 65134]]

MacGillivray's seaside sparrow, Ozark pyrg, pale blue-eyed grass, San
Joaquin Valley giant flower-loving fly, striped newt, Tinian monarch,
and Tippecanoe darter 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 Cited

Lists of the references cited in the petition findings are
available on the internet at http://www.regulations.gov in the dockets
provided above in ADDRESSES and upon request from the appropriate
person, as specified under FOR FURTHER INFORMATION CONTACT.

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.).

Dated: December 7, 2018.
Margaret E. Everson,
Principal Deputy Director, U.S. Fish and Wildlife Service, Exercising
the Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-27467 Filed 12-18-18; 8:45 am]
BILLING CODE 4333-15-P