[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Proposed Rules]
[Pages 46927-46931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19226]
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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 a status review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on three petitions to add species to the List of
Endangered and Threatened Wildlife under the Endangered Species Act of
1973, as amended (Act), or to revise the critical habitat designation
for a listed species. Based on our review, we find that of the two
petitions to add species to the list, one 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 Mojave poppy bee (Perdita meconis) to determine whether the
petitioned action is warranted. To ensure that the status review is
comprehensive, we are requesting scientific and commercial data and
other information regarding that species. Based on the status review,
we will issue a 12-month petition finding, which will address whether
or
[[Page 46928]]
not the petitioned action is warranted, in accordance with the Act. We
find that the second petition to add a species to the list 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 Yellowstone National Park bison
(population of Bison bison bison) in response to the petition. We refer
to this finding as a ``not substantial'' petition finding. Lastly, we
find that the third petition--a petition to revise the critical habitat
designation for the currently listed Mount Graham red squirrel
(Tamiasciurus hudsonicus grahamensis)--presents substantial scientific
or commercial information indicating that the petitioned action may be
warranted. Therefore, we announce that we plan to determine how we will
proceed with the request to revise a critical habitat designation for
the species.
DATES: These findings were made on September 6, 2019. 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 available on http://www.regulations.gov under the appropriate docket number (see table
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 review and critical habitat review: If you have new
scientific or commercial data or other information concerning the
status of, or threats to, the species for which we are initiating a
status review, or information concerning the critical habitat of the
species for which we are initiating a review of the critical habitat
designation, 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 Tables 1 and 2 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
Tables 1 and 2 under SUPPLEMENTARY INFORMATION], U.S. Fish and Wildlife
Service, MS: JAO/1N, 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: 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 3 under SUPPLEMENTARY INFORMATION). This supporting
information is also 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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Species common name Contact person
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Mojave poppy bee............. Glen Knowles, 702-515-5230;
[email protected]
Mount Graham red squirrel.... Jeff Humphrey, 602-242-0210;
[email protected]
Yellowstone National Park Marjorie Nelson, 303-236-4258;
bison. [email protected]
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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, as well as for designating and
revising critical habitat for listed species.
For Petitions To Add or Remove Species From the Lists, or Change the
Listed Status of a Species
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 (``list'' a species),
remove a species from the Lists (``delist'' a species), or change a
listed species' status from endangered to threatened or from threatened
to endangered (``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.
For petitions to add, remove, or reclassify a species, 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. 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).
[[Page 46929]]
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 or the effects of 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 to add, remove, or reclassify a species
presents substantial scientific or commercial information indicating
that the petitioned action may be warranted, 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).
For Petitions To Revise Critical Habitat
Section 4(b)(3)(D) of the Act requires that we make a finding on
whether a petition to revise a critical habitat designation 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.
For petitions to revise critical habitat, 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 revision proposed in the petition may be warranted'' (50 CFR
424.14(i)(1)(i)).
In determining whether a revision of critical habitat may be
warranted, we may consider the following:
(1) Areas that the current designation does not include that should
be included, or includes that should no longer be included, and any
benefits of designating or not designating these specific areas as
critical habitat;
(2) The physical or biological features essential for the
conservation of the species and whether they may require special
management considerations or protection;
(3) For any areas petitioned to be added to critical habitat within
the geographical area occupied by the species at the time it was
listed, information indicating that the specific areas contain one or
more of the physical or biological features (including characteristics
that support ephemeral or dynamic habitat conditions) that are
essential to the conservation of the species, or that these features do
not require special management considerations or protection;
(4) For any areas petitioned for removal from currently designated
critical habitat within the geographical area occupied by the species
at the time it was listed, information indicating that the specific
areas do not contain the physical or biological features (including
characteristics that support ephemeral or dynamic habitat conditions)
that are essential to the conservation of the species, or that these
features do not require special management considerations or
protection; and
(5) For areas petitioned to be added to or removed from critical
habitat that were outside the geographical area occupied by the species
at the time it was listed, information indicating why the petitioned
areas are or are not essential for the conservation of the species.
If we find that a petition to revise critical habitat presents
substantial scientific or commercial information indicating that the
requested revision may be warranted, section 4(b)(3)(D)(ii) of the Act
requires us to determine how to proceed with the requested revision.
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 Review
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URL to docket on http://
Common name Docket No. www.regulations.gov
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Mojave poppy bee............................ FWS-R8-ES-2019-0083 https://www.regulations.gov/docket?D=FWS-R8-ES-2019-0083
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Table 2--Critical Habitat Review
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URL to docket on http://
Common name Docket No. www.regulations.gov
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Mount Graham red squirrel................... FWS-R2-ES-2019-0084 https://www.regulations.gov/docket?D=FWS-R2-ES-2019-0084
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[[Page 46930]]
Table 3--Not-Substantial Petition Finding
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URL to docket on http://
Common name Docket No. www.regulations.gov
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Yellowstone National Park bison............. FWS-R6-ES-2019-0085 https://www.regulations.gov/docket?D=FWS-R6-ES-2019-0085
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Evaluation of a Petition To List the Mojave Poppy Bee
Species and Range
Mojave poppy bee (Perdita meconis); Nevada.
Petition History
On October 17, 2018, we received a petition from the Center for
Biological Diversity, requesting that the Mojave poppy bee be listed as
endangered and that 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 Mojave poppy bee due to potential threats associated
with the following: grazing, recreation, and gypsum mining (Factor A);
and competition with nonnative honey bees (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-R8-ES-2019-0083 under
Supporting Documents.
Evaluation of a Petition To Revise the Critical Habitat Designation for
the Mount Graham Red Squirrel
Species and Range
Mount Graham red squirrel (Tamiasciurus hudsonicus grahamensis);
Arizona.
Petition History
On December 14, 2017, we received a petition from the Center for
Biological Diversity requesting that critical habitat for the Mount
Graham red squirrel be revised 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
The Mount Graham red squirrel is a small, grayish-brown arboreal
subspecies that is tinged rusty or yellowish along the back and occurs
in high-elevation forests down to approximately 7,500 feet (2,286
meters) in the Pinale[ntilde]o Mountains, Graham County, Arizona. On
January 5, 1990, we published a final rule in the Federal Register (55
FR 425) designating critical habitat in three units of dense stands of
mature spruce-fir forest, for a total of about 2,000 acres (800
hectares).
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 revising critical habitat for
the Mount Graham red squirrel may be warranted. Our conclusion is based
primarily on new information indicating significant changes to the
forest currently designated as critical habitat and regarding the
squirrel's use of habitat previously considered to be of lesser
importance.
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-2019-0084 under
Supporting Documents.
Evaluation of a Petition To List the Yellowstone National Park Bison
Species and Range
Plains bison (population of Bison bison bison); in and around
Yellowstone National Park in Idaho, Montana, and Wyoming.
Petition History
On November 14, 2014, we received a petition from Western
Watersheds Project and Buffalo Field Campaign, requesting that Plains
bison in and around Yellowstone National Park (Yellowstone National
Park bison) be listed as an endangered or threatened distinct
population segment (DPS) under the Act (first petition). The first
petition clearly identified itself as such and included the requisite
identification information for the petitioner, required at 50 CFR
424.14(c). On March 2, 2015, we received a second petition from James
Horsley, which also requested that Yellowstone National Park bison be
listed as endangered or threatened under the Act (second petition). On
January 12, 2016, we published a 90-day finding in the Federal Register
(81 FR 1368) concluding that the two petitions did not provide
substantial scientific or commercial information indicating that the
petitioned actions may be warranted. On September 26, 2016, petitioners
from the first petition, along with a third party (Friends of Animals),
brought suit under the Endangered Species Act and the Administrative
Procedure Act asserting that our determination was arbitrary and
capricious. On January 31, 2018, the Court remanded the case for the
Service to conduct a new 90-day finding. On March 16, 2018, we received
a new petition from James Horsley, requesting emergency listing for
Yellowstone National Park bison (third petition). The third 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 all three petitions.
Finding
Based on our review of the petitions and sources cited in the
petitions, we find that the petitions do not present substantial
scientific or commercial information indicating the petitioned action
may be warranted for Yellowstone National Park bison. Because the
petitions do not present substantial information indicating that
listing Yellowstone National Park bison may be warranted, we are not
initiating a status review of this species in response to the
petitions. However, we ask that the public submit to us any new
information that becomes available concerning the status of, or threats
to, the Yellowstone National Park bison or its habitat at any time (see
Not-substantial petition finding under ADDRESSES, above).
The basis for our finding on these petitions, and other information
regarding our review of the petitions, can be found as an appendix at
http://www.regulations.gov under Docket No. FWS-R6-ES-2019-0085 under
Supporting Documents.
[[Page 46931]]
Conclusion
On the basis of our evaluation of the information presented in the
petitions under sections 4(b)(3)(A) and 4(b)(3)(D)(i) of the Act, we
have determined that the petitions summarized above for the Mojave
poppy bee and Mount Graham red squirrel present substantial scientific
or commercial information indicating that the petitioned actions may be
warranted. We are, therefore, initiating a status review of the Mojave
poppy bee 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 are
initiating a review of the critical habitat designation for the Mount
Graham red squirrel to determine whether revising the designation is
warranted. At the conclusion of the review, we will issue a finding, in
accordance with section 4(b)(3)(D)(ii) of the Act, and we will
determine how to proceed.
Lastly, we have determined that the petitions summarized above for
Yellowstone National Park bison do not present substantial scientific
or commercial information indicating that the requested action may be
warranted. Therefore, we are not initiating a status review for
Yellowstone National Park bison.
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: August 29, 2019.
Stephen Guertin,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2019-19226 Filed 9-5-19; 8:45 am]
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