[Federal Register Volume 86, Number 89 (Tuesday, May 11, 2021)]
[Rules and Regulations]
[Pages 25806-25808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09748]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES11110900000 212]
Endangered and Threatened Wildlife and Plants; Two Species Not
Warranted for Listing as Endangered or Threatened Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of findings.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce
findings that two species are not warranted for listing 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 Hall's bulrush (Schoenoplectiella hallii) or triangle
pigtoe (formerly Fusconaia lananensis). However, we ask the public to
submit to us at any time any new information relevant to the status of
any of the species mentioned above or their habitats.
DATES: The findings in this document were made on May 11, 2021.
ADDRESSES: Detailed descriptions of the bases for 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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Hall's bulrush................... FWS-R3-ES-2020-0144
Triangle pigtoe.................. FWS-R2-ES-2020-0145
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Supporting information used to prepare this finding is available by
contacting the appropriate person as specified under FOR FURTHER
INFORMATION CONTACT. Please submit any new information, materials,
comments, or questions concerning this finding 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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Hall's bulrush......................... Karen Herrington, Field
Supervisor, Missouri
Ecological Services Field
Office, 573-234-2132,
karen_herrington@fws.gov.
Triangle pigtoe........................ Debra Bills, Field Supervisor,
Arlington Ecological Services
Field Office, 817-277-1100
x22113, debra_bills@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
Under section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), we
are required to make a finding whether or not a petitioned action is
warranted within 12 months after receiving any petition for which we
have determined contains substantial scientific or commercial
information indicating that the petitioned action may be warranted
(``12-month finding''). We must make a finding that the petitioned
action is: (1) Not warranted; (2) warranted; or (3) warranted but
precluded. We must publish a notice of 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 of Endangered and
Threatened Wildlife and Plants (Lists). The Act defines ``species'' as
any subspecies of fish or wildlife or plants, and any distinct
population segment of any species of vertebrate fish or wildlife which
interbreeds when mature. 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;
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(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
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) does not necessarily mean that the
species meets the statutory definition of an ``endangered species'' or
a ``threatened species.'' In determining whether a species meets either
definition, we must evaluate all identified threats by considering the
expected response by the species, and the effects of the threats--in
light of those actions and conditions that will ameliorate the
threats--on an individual, population, and species level. We evaluate
each threat and its expected effects on the species, then analyze the
cumulative effect of all 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 any existing regulatory mechanisms or conservation efforts. The
Secretary determines whether the species meets the definition of an
``endangered species'' or a ``threatened species'' only after
conducting this cumulative analysis and describing the expected effect
on the species now and in the foreseeable future.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d) set forth a framework for
evaluating the foreseeable future on a case-by-case basis. The term
``foreseeable future'' extends only so far into the future as the
Service can reasonably determine that both the future threats and the
species' responses to those threats are likely. In other words, the
foreseeable future is the period of time in which we can make reliable
predictions. ``Reliable'' does not mean ``certain''; it means
sufficient to provide a reasonable degree of confidence in the
prediction. Thus, a prediction is reliable if it is reasonable to
depend on it when making decisions.
It is not always possible or necessary to define foreseeable future
as a particular number of years. Analysis of the foreseeable future
uses the best scientific and commercial data available and should
consider the timeframes applicable to the relevant threats and to the
species' likely responses to those threats in view of its life-history
characteristics. Data that are typically relevant to assessing the
species' biological response include species-specific factors such as
lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
In conducting our evaluation of the five factors provided in
section 4(a)(1) of the Act to determine whether Hall's bulrush meets
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. In conducting our taxonomic evaluation of triangle pigtoe,
we determined that it does not meet the definition of a species or
subspecies under the Act, and, as a result, we concluded that triangle
pigtoe is not a listable entity. We reviewed the petitions, information
available in our files, and other available published and unpublished
information for both of these species. Our evaluation 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 form for Hall's bulrush contains more
detailed biological information, a thorough analysis of the listing
factors, a list of literature cited, and an explanation of why we
determined that this species do not meet the definition of an
endangered species or a threatened species. The species assessment form
for triangle pigtoe contains more detailed taxonomic information, a
list of literature cited, and an explanation of why we determined that
this species does not meet the definition of a species or subspecies.
This supporting information can be found on the internet at http://www.regulations.gov under the appropriate docket number (see ADDRESSES,
above). The following are informational summaries for the findings in
this document.
Hall's Bulrush
Previous Federal Actions
On April 20, 2010, the Service received a petition from the CBD to
list 404 aquatic, riparian, and wetland species from the southeastern
United States, including Hall's bulrush (Schoenoplectiella hallii), as
endangered or threatened under the Act (CDB 2010, entire). On September
27, 2011, we published a 90-day finding (76 FR 59836) for 374 of the
404 petitioned species, including Hall's bulrush; that finding stated
that the petition presented substantial information that listing Hall's
bulrush may be warranted, due to the threats of present or threatened
destruction, modification, or curtailment of the species' habitat or
range; predation; inadequacy of existing regulatory mechanisms; and
other natural or manmade factors, including pollution, global climate
change, drought, invasive species, and synergies between multiple
threats. The finding solicited information on, and initiated a status
review for, the species.
Summary of Finding
Hall's bulrush is a tufted annual bulrush with a stem length
ranging from 1.6 to 31 inches (4 to 80 centimeters). It is historically
found across 14 States: Massachusetts, Georgia, Ohio, Kentucky,
Michigan, Indiana, Wisconsin, Illinois, Iowa, Missouri, Nebraska,
Kansas, Oklahoma, and Texas. Biologists have concluded the species has
been extirpated from Georgia and Massachusetts.
Hall's bulrush requires multiple adequately timed seasonal flood
events to break seed dormancy and to trigger germination. For a seed to
germinate, it also needs bare soil, presence of ethylene, light,
adequate temperature, and moist soil. Seedlings and mature plants need
light, moist soil, space, nutrients, and pollination (mature plant
only).
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to Hall's bulrush, and we evaluated all relevant factors under the five
listing factors, including any regulatory mechanisms and conservation
measures addressing these stressors and the cumulative impact of these
stressors. The primary stressors affecting Hall's bulrush's biological
status include habitat alteration, destruction, and conversion;
hybridization; and grazing. Hall's
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bulrush has little population abundance information available across
its range. The best available demographic data do not allow us to
evaluate the ability of Hall's bulrush populations to withstand
demographic stochastic events. Annual variation (in timing and
duration) of rain events mean that Hall's bulrush populations are
cyclic and dependent on water fluctuations. Therefore, we assessed the
population status based on the condition of the habitat, including the
presence of potential hybridizing plants. We made the assumption that
healthy habitat, (i.e., higher habitat metric scores on the
Environmental Protection Agency's Watershed Index Online tool and
higher average scores of the Natural Resources Conservation Service
depth to water table) will support a healthy population of Hall's
bulrush.
Despite impacts from the primary stressors, the species has
maintained populations throughout its range in multiple ecoregions. We
anticipate sufficient quality and quantity of habitat to support the
viability of the species for the foreseeable future. Hall's bulrush
currently has healthy (moderately or highly resilient) populations
across its range (32 extant populations across seven ecoregions). The
species' representation among ecoregions has not changed significantly
between the historical and most recent surveys. Hall's bulrush has
retained redundancy (and we project it to be maintained into the
future) based on multiple resilient populations being spread across its
historical range in seven ecoregions. Based on these conditions, the
Hall's bulrush current risk of extinction is very low. Although we
predict some continued impacts from these stressors in the future, we
anticipate the species will continue to maintain resilient populations
into the foreseeable future throughout its range and that are
distributed widely throughout each of its ecoregions (representative
units). Therefore, we find that listing Hall's bulrush as an endangered
species or threatened species under the Act is not warranted. A
detailed discussion of the basis for this finding can be found in the
Hall's bulrush species assessment form and other supporting documents
(see ADDRESSES, above).
Triangle Pigtoe
Previous Federal Actions
On June 25, 2007, the Service received a petition dated June 18,
2007, from Forest Guardians (now WildEarth Guardians) requesting that
the Service list 475 species, including the triangle pigtoe (formerly
Fusconaia lananensis), as endangered or threatened species and
designate critical habitat under the Act.
On December 16, 2009, the Service published a 90-day finding (74 FR
66866) on 192 of the 475 species and stated that the petition presented
substantial scientific information indicating that listing may be
warranted for 67 of the 192 species, including the triangle pigtoe. As
a result, the Service initiated status reviews for all 67 species.
Summary of Finding
We have carefully assessed the best scientific and commercial
information available regarding the triangle pigtoe and evaluated the
petition's claims that the species warrants listing under the Act.
Genetic and morphometric analyses indicate that the triangle pigtoe is
synonymous with the wider-ranging Texas pigtoe (Fusconaia askewi).
These studies have been accepted by the relevant scientific community,
including NatureServe, the Freshwater Mollusk Conservation Society,
Texas Parks and Wildlife Department, and the Service. Therefore, the
triangle pigtoe is not a valid taxonomic entity; does not meet the
definition of a species or subspecies under the Act; and, as a result,
does not warrant listing under the Act. A detailed discussion of the
basis for this finding can be found in the triangle pigtoe 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 Hall's
bulrush or triangle pigtoe 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
A list of the references cited in this petition finding is
available on the internet at http://www.regulations.gov in the species
assessment form or in the appropriate docket 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.).
Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the
Director. U.S. Fish and Wildlife Service.
[FR Doc. 2021-09748 Filed 5-10-21; 8:45 am]
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