[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Proposed Rules]
[Pages 41691-41694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17569]
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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 Three Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition findings and initiation of status reviews.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on three petitions to add or reclassify species under the
Endangered Species Act of 1973, as amended (Act). Based on our review,
we find that two petitions present substantial scientific or commercial
information indicating that the petitioned actions may be warranted.
Therefore, with the publication of this document, we announce that we
plan to initiate reviews of the statuses of those species to determine
whether the petitioned actions are warranted. To ensure that the status
reviews are comprehensive, we are requesting scientific and commercial
data and other information regarding those species. Based on the status
reviews, we will issue 12-month findings which will address whether or
not the petitioned actions are 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 that
species in response to the petition. We refer to this finding as a
``not substantial'' petition finding.
DATES: These findings were made on August 15, 2019. As we commence work
on the status reviews, we seek any new information concerning the
statuses of, or threats to, the species or their habitats. We will
consider any relevant information that we receive during our work on
the status reviews.
ADDRESSES:
Supporting documents: Summaries of the bases for the petition
findings contained in this document are available on http://www.regulations.gov under the appropriate docket number (see Tables 1
and 2 under SUPPLEMENTARY INFORMATION). In addition, this supporting
information is available for public inspection, by appointment, during
normal business hours 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 statuses of, or threats to, the
species for which a status review is being initiated, please provide
those data or 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 the 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 the
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.
Not-substantial petition finding: 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 listed under
FOR FURTHER INFORMATION CONTACT, below.
FOR FURTHER INFORMATION CONTACT:
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Species common name Contact person
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Gila topminnow.......................... Jeff Humphrey, 602-242-0210;
jeff_humphrey@fws.gov.
lake sturgeon........................... Barb Hosler, 517-351-1443;
barbara_hosler@fws.gov.
Siskiyou Mountains salamander........... Jenny Ericson, 530-841-3115;
jenny_ericson@fws.gov.
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[[Page 41692]]
If you use a telecommunications device for the deaf, 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) in 50 CFR part 17. Section 4(b)(3)(A) of the Act
requires that we make a finding on whether a petition to add a species
to the Lists (i.e., ``list'' a species), remove a species from the
Lists (i.e., ``delist'' a species), or change a listed species' status
from endangered to threatened or from threatened to endangered (i.e.,
``reclassify'' a species) presents substantial scientific or commercial
information indicating that the petitioned action may be warranted. To
the maximum extent practicable, we are to make this finding within 90
days of our receipt of the petition and publish the finding promptly in
the Federal Register.
Our regulations establish that substantial scientific or commercial
information with regard to a 90-day petition finding refers to
``credible scientific or commercial information in support of the
petition's claims such that a reasonable person conducting an impartial
scientific review would conclude that the action proposed in the
petition may be warranted'' (50 CFR 424.14(h)(1)(i)).
A species may be determined to be an endangered species or a
threatened species because of one or more of the five factors described
in section 4(a)(1) of the Act (16 U.S.C. 1533(a)(1)). The five factors
are:
(a) The present or threatened destruction, modification, or
curtailment of its habitat or range (Factor A);
(b) Overutilization for commercial, recreational, scientific, or
educational purposes (Factor B);
(c) Disease or predation (Factor C);
(d) The inadequacy of existing regulatory mechanisms (Factor D); 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, 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).
Summaries of Petition Findings
The petition findings contained in this document are listed in the
tables below, and the basis for each finding, along with supporting
information, is available on http://www.regulations.gov under the
appropriate docket number.
Table 1--Status Reviews
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URL to docket on http://
Common name Docket No. www.regulations.gov
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Gila topminnow....................... FWS-R2-ES-2018-0109....................... https://www.regulations.gov/docket?D=FWS-R2-ES-2018-0109 0109.
lake sturgeon........................ FWS-R3-ES-2018-0110....................... https://www.regulations.gov/docket?D=FWS-R3-ES-2018-0110 0110.
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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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Siskiyou Mountains salamander........ FWS-R8-ES-2018-0111....................... https://www.regulations.gov/docket?D=FWS-R8-ES-2018-0111 0111.
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[[Page 41693]]
Evaluation of a Petition To Reclassify the Gila Topminnow
Species and Range
Gila topminnow (Poeciliopsis occidentalis occidentalis); Arizona,
New Mexico, and Mexico.
Petition History
On May 16, 2018, we received a petition from the Arizona Game and
Fish Department, requesting that the Gila topminnow be reclassified
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 the petitioned action may be
warranted for the Gila topminnow due to potential reduction or
mitigation of threats associated with the following: Destruction,
modification, or curtailment of the species' habitat or range (Factor
A); predation (Factor B); competition with nonnative aquatic species
(Factor E); and cumulative effects associated with these threats.
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-R2-ES-2018-0109 under
the Supporting Documents section.
Evaluation of a Petition To List the Lake Sturgeon as an Endangered or
Threatened Species Under the Act
Species and Range
Lake sturgeon (Acipenser fulvescens); Great Lakes, St. Lawrence,
Hudson Bay, and Mississippi River basins in Illinois, Indiana, Iowa,
Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, New York,
North Dakota, Ohio, Pennsylvania, Tennessee, Vermont, and Wisconsin;
Coosa River in Alabama and Georgia.
Petition History
On May 23, 2018, we received a petition from the Center for
Biological Diversity, requesting that lake sturgeon be listed as
threatened rangewide or that nine distinct population segments (DPSs)
be listed as endangered or threatened 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
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 lake sturgeon due to potential threats associated
with the following: Dams and hydroelectric facilities, dredging and
channelization, and contaminants (Factor A); and habitat fragmentation,
the species' life-history characteristics, and invasive species (Factor
E). The petition also presented substantial information that the
existing regulatory mechanisms may be inadequate to address impacts of
these threats (Factor D).
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-R3-ES-2018-0110 under
the Supporting Documents section.
Evaluation of a Petition To List the Siskiyou Mountains Salamander as
an Endangered or Threatened Species Under the Act
Species and Range
Siskiyou Mountains salamander (Plethodon stormi); California and
Oregon.
Petition History
On March 13, 2018, we received a petition from the Center for
Biological Diversity, Klamath-Siskiyou Wildlands Center, Environmental
Protection Information Center, and Cascadia Wildlands requesting that
the Siskiyou Mountains salamander be listed as endangered or threatened
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
Based on our review of the petition and sources cited in the
petition, we find that the petition does not present substantial
scientific or commercial information indicating the petitioned action
may be warranted for the Siskiyou Mountains salamander. The petitioners
have not provided information to support their assertions that the
activities or conditions they identify as potential threats--logging,
habitat fragmentation, fire, roads, mining, developed recreation,
disease, and climate change--affect the species negatively, as the
regulations require at 50 CFR 424.14(d). Because the petition does not
present substantial information indicating that listing the Siskiyou
Mountains salamander 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 the petition, can be found as an appendix at
http://www.regulations.gov under Docket No. FWS-R8-ES-2018-0111 under
the Supporting Documents section.
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 petitions summarized above for the Gila topminnow and lake sturgeon
present substantial scientific or commercial information indicating
that the petitioned actions may be warranted. We are, therefore,
initiating status reviews to determine whether the actions are
warranted under the Act. At the conclusion of the status reviews, we
will issue findings, in accordance with section 4(b)(3)(B) of the Act,
as to whether the petitioned actions are not warranted, warranted, or
warranted but precluded by pending proposals to determine whether any
species is an endangered species or a threatened species.
In addition, we have determined that the petition summarized above
for the Siskiyou Mountains salamander does not present substantial
scientific or commercial information indicating that the requested
action 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.).
[[Page 41694]]
Dated: August 2, 2019.
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. 2019-17569 Filed 8-14-19; 8:45 am]
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