[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Proposed Rules]
[Pages 19657-19660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07165]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2022-0001; FF09E21000 FXES1111090FEDR 223]
RIN 1018-BG36
Endangered and Threatened Wildlife and Plants; Lower Colorado
River Distinct Population Segment of Roundtail Chub (Gila robusta);
Gila Chub (Gila intermedia)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of petition finding; advance notice of proposed
rulemaking.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce a finding on
a petition to list the Lower Colorado River basin distinct population
segment (DPS) of the roundtail chub (Gila robusta) as an 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 Lower Colorado River roundtail chub DPS as an endangered or
threatened species. However, in conducting the necessary research to
inform this petition finding, we have determined that we should
consider removing the Gila chub (Gila intermedia) from the protections
of the Act. Therefore, this document includes an advance notice of
proposed rulemaking pertaining to removing the Gila chub, currently
listed as endangered, from the List of Endangered and Threatened
Wildlife. We ask the public to submit to us any information relevant to
the status of these species or their habitats.
DATES: Petition finding: The finding in this document pertaining to the
Lower Colorado River basin DPS of the roundtail chub (Gila robusta) was
made on April 5, 2022.
Comment submission on the advance notice of proposed rulemaking: We
will accept comments pertaining to Gila chub (Gila intermedia) that are
received or postmarked on or before June 6, 2022. Comments submitted
electronically using the Federal eRulemaking Portal must be received by
11:59 p.m. Eastern Time on the closing date.
ADDRESSES: Petition finding: A detailed description of the basis for
this finding is available on the internet at https://www.regulations.gov under Docket No. FWS-R2-ES-2022-0001. Supporting
information used to prepare this finding is available by contacting the
person listed under FOR FURTHER INFORMATION CONTACT.
Comment submission on the advance notice of proposed rulemaking:
You may submit comments pertaining to Gila chub (Gila intermedia) by
one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R2-ES-2022-0001,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate this document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R2-ES-2022-0001, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
Information regarding the Lower Colorado River roundtail chub DPS:
We request that you submit any new information concerning the
taxonomy of, biology of, ecology of, status of, or stressors to the
Lower Colorado River roundtail chub DPS, whenever it becomes available,
to the person listed below under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Mark Lamb, Arizona Ecological Services
Field Office, 9828 North 31st Ave. C3, Phoenix, AZ 85051-2517;
telephone 602-242-0210. Individuals in the United States who are deaf,
deafblind, hard of hearing, or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access telecommunications relay services.
Individuals outside the United States should use the relay services
offered within their country to make international calls to the point-
of-contact in the United States.
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 a petition that 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 by pending
proposals regarding other species. 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 states that the term
``species'' includes 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 an ``endangered
species'' as any species that is in danger of extinction throughout all
or a significant portion of its range and a ``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. The Act requires that we determine whether
[[Page 19658]]
any species is 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.
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 the Lower Colorado
River roundtail chub distinct population segment (DPS) meets the
definition of an endangered species or a threatened species, we
considered and thoroughly evaluated the best scientific and commercial
information available regarding the past, present, and future stressors
and threats. Petition evaluations may include information from
recognized experts; Federal, State, and Tribal governments; academic
institutions; foreign governments; private entities; and other members
of the public. Therefore, we reviewed the petition, information
available in our files, and other available published and unpublished
information.
The species assessment form for the species 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
the species does not meet the Act's definition of an endangered species
or a threatened species. Additionally, a thorough review of the
taxonomy, life history, ecology, and stressors to the Lower Colorado
River roundtail chub DPS is presented in the species status assessment
report (Service 2022, entire). This supporting information can be found
on the internet at https://www.regulations.gov under Docket No. FWS-R2-
ES-2022-0001. The following is an informational summary for the finding
in this document.
Previous Federal Actions
On August 9, 2002, we published a proposed rule to list the Gila
chub (Gila intermedia), which historically was found throughout the
Gila River basin in southern Arizona, southwestern New Mexico, and
northeastern Sonora, Mexico, as endangered with critical habitat (67 FR
51948). On April 14, 2003, we received a petition from the Center for
Biological Diversity (CBD) requesting that we list both the headwater
chub (Gila nigra) and a DPS of the roundtail chub (Gila robusta) in the
Lower Colorado River basin as an endangered or threatened species under
the Act. The petition also requested designating critical habitat
concurrently with the listing for both species. Following receipt of
the 2003 petition, and pursuant to a stipulated settlement agreement,
we published a 90-day finding on July 12, 2005 (70 FR 39981), stating
that the petitioners had provided sufficient information to indicate
that listing of both species may be warranted.
On November 2, 2005, we published a final rule listing the Gila
chub (Gila intermedia) as endangered with critical habitat (70 FR
66664).
On May 3, 2006, we published a 12-month finding (71 FR 26007) that
listing was not warranted for the Lower Colorado River roundtail chub
DPS, and that listing for the headwater chub was warranted but
precluded by higher priority listing actions. On September 7, 2006, we
received a complaint from CBD for declaratory and injunctive relief,
challenging our decision not to list the Lower Colorado River basin DPS
of the roundtail chub as an endangered species under the Act. On
November 5, 2007, in a stipulated settlement agreement, we agreed to
commence a new status review of the petitioned Lower Colorado River
basin DPS of the roundtail chub and to submit a 12-month finding to the
Federal Register by June 30, 2009.
On July 7, 2009, we published a 12-month finding (74 FR 32352) on
the Lower Colorado River roundtail chub DPS. The finding determined
that the entity qualified as a DPS by satisfying the discreteness and
significance elements of the Interagency Policy Regarding the
Recognition of Distinct Vertebrate Population Segments Under the Act
(DPS Policy; 61 FR 4722,
[[Page 19659]]
February 7, 1996). However, we further concluded that listing of the
Lower Colorado River roundtail chub DPS was warranted but precluded due
to higher priority listing actions at the time. The DPS remained on the
candidate list from 2009 to 2014 (74 FR 57804, November 9, 2009; 75 FR
69222, November 10, 2010; 76 FR 66370, October 26, 2011; 77 FR 69993,
November 21, 2012; 78 FR 70103, November 22, 2013; 79 FR 72449,
December 5, 2014).
On October 7, 2015, following completion of a species status
assessment, we published a proposed rule to list the headwater chub and
the Lower Colorado River roundtail chub DPS as threatened species under
the Act (80 FR 60754). On April 7, 2017, we withdrew the 2015 proposed
rule following a taxonomic revision that concluded the available
evidence did not support species-level status for the headwater chub
(G. nigra) and the Gila chub (G. intermedia), collapsing them into
roundtail chub (G. robusta) (Page et al. 2017, p. 459) (82 FR 16981).
However, despite this taxonomic revision, Gila chub was unaffected by
the 2017 withdrawal and remains listed as endangered on the List of
Endangered and Threatened Wildlife.
In 2018, CBD challenged our withdrawal of the proposed rule on the
headwater chub and Lower Colorado River roundtail chub DPS. On March
31, 2021, the U.S. District Court found the withdrawal of the 2015
proposed rule was arbitrary and capricious because we withdrew the rule
based on taxonomic revisions, but never fully reevaluated the
petitioned entity, the DPS. In other words, the taxonomic revisions
created a new biological entity in the Lower Colorado River basin that,
under the Act, we were still obligated to assess under the original
2003 petition. The court vacated the withdrawal of the proposed rule
and ordered that a new 12-month finding be completed by March 31, 2022.
Importantly, the court order concerns only the Lower Colorado River
basin DPS, since that was the portion of the roundtail chub range for
which the Service was originally petitioned. This finding addresses
that court order.
Summary of Finding
The original petition to list roundtail chub in the Lower Colorado
River basin included populations found in the Bill Williams, Gila, and
Little Colorado River basins, which are located in Arizona and New
Mexico. Traditionally, the Colorado River basin has been divided into
two sections, the Upper and Lower basins, that are demarcated by Lee's
Ferry, which is located in northern Arizona downstream of Glen Canyon
Dam. This demarcation combines the Bill Williams, Gila, and Little
Colorado River basins into the traditional geographical definition of
the Lower Colorado River basin.
In regard to roundtail chub populations in these basins, genetic
research has revealed that roundtail chub in the Lower and Upper
Colorado River basins are genetically distinct. This research has also
found that roundtail chub from the Little Colorado River, traditionally
geographically placed in the Lower Colorado River basin, belong to the
same genetic lineage as roundtail chub in the Upper Colorado River
basin. Therefore, as part of this finding, we separated roundtail chub
occupying the Little Colorado River from those occupying the remainder
of the Lower Colorado River basin (i.e., Bill Williams and Gila River
basins) and considered them a separate biological entity.
After reviewing the DPS Policy, we determined that the Lower
Colorado River basin (i.e., Bill Williams and Gila River basins)
portion of the roundtail chub's range was both discrete and
significant. This entity will hereafter be referred to as the ``Lower
Colorado River roundtail chub DPS.'' Roundtail chub in the Little
Colorado River do meet the threshold of discrete under the policy, but
not the standard for significant. Therefore, this 12-month finding
specifically addresses the status of roundtail chub only in the Lower
Colorado River DPS. A more thorough examination of the DPS
determination can be found in the species assessment form that
accompanies this 12-month finding.
Within the Lower Colorado River DPS, roundtail chub exhibit a
complex population structure determined by hydrological regimes and
connections. Roundtail chub occupy a variety of aquatic habitats within
this range, and the amount and complexity of available habitat
influences population abundance and resiliency. Across the roundtail
chub's range, there is variation in ecological settings and genetic
diversity that represent potential adaptive capacity for the species.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Lower Colorado River roundtail chub DPS, and we evaluated all
relevant factors under the five listing factors, including any
regulatory mechanisms and conservation measures addressing these
threats. We identified several influences that could affect the
viability of the species. These influences include nonnative species
and alterations to the hydrological regime, which have reduced the
distribution and abundance of roundtail chub in the past and continue
to impact populations today. These influences may be exacerbated by
climate change into the future, which will affect precipitation
patterns, drought, and water usage. Several Federal and State agencies
and Tribal nations have been implementing conservation measures through
best management practices, specific to the roundtail chub, to help
sustain the species and its habitat where possible. These efforts have
stabilized most existing populations and expanded the species'
distribution through translocations. Since 2004, to increase population
sizes and aid in population establishment and persistence, 20
populations of roundtail chub have been introduced, reintroduced, or
expanded within the Lower Colorado River basin and at least 37
augmentations in 14 streams have occurred at locations occupied by
roundtail chub.
Currently, we estimate that the Lower Colorado River basin
roundtail chub DPS occupies around 34 percent of its historical range
in the basin and has been extirpated from two of the nine major basins
it historically occupied. Within its current range, 83 populations
occupy a cumulative total of 1,146 miles (1,845 kilometers) of stream
length. Most of these populations are stable or increasing, despite the
co-occurrence of nonnative species across much of the range.
The factors most likely to influence the future status of roundtail
chub in the Lower Colorado River basin are nonnative species,
modification to the hydrological regime, and conservation management.
Climate change is also expected to affect the Lower Colorado River
basin roundtail chub DPS, mainly by altering the hydrological regime,
which will influence the amount of habitat and periodicity of
beneficial floods. In the species status assessment report, we modeled
these effects to project trends in roundtail chub occupancy into the
future (Service 2022, pp. 37-51).
While there may be some reduction in occupancy, we concluded that
most sites that are currently occupied will likely continue to be so in
the 50-year foreseeable future. Even under scenarios that incorporated
climate change effects, most populations were predicted to remain
extant, and these extant populations will be widely distributed across
the species' range. All scenarios we examined contain a positive effect
of management actions on Lower Colorado River roundtail chub DPS
population
[[Page 19660]]
resiliency, and we anticipate these efforts will continue to benefit
the species into the future. Overall, these results suggest that
populations of this DPS will continue to be adequately resilient and
retain sufficient intraspecific diversity to cope with changing
environments in the future.
These findings were true for the Lower Colorado River roundtail
chub DPS throughout its range as well as in our analysis of any
potentially significant portions of its range. In evaluating any
potentially significant portions of the species' range, we considered
whether the threats are geographically concentrated in any portion of
the DPS's range at a biologically meaningful scale. Based on the best
available information, we found no concentration of threats in any
portion of the DPS's range at a biologically meaningful scale.
Therefore, no portion of the Lower Colorado River roundtail chub DPS's
range provided a basis for determining that the species is in danger of
extinction now or likely to become in danger of extinction within the
foreseeable future in a significant portion of its range.
Accordingly, our review of the best available scientific and
commercial information regarding the past, present, and future threats
to the species indicates that the Lower Colorado River roundtail chub
DPS is not in danger of extinction now nor likely to become endangered
within the foreseeable future throughout all or a significant portion
of its range and does not meet the definition of an endangered species
or a threatened species in accordance with section 3(6) and section
3(20) of the Act. Therefore, we find that listing the Lower Colorado
River roundtail chub DPS as an endangered or threatened species under
the Act is not warranted at this time. A detailed discussion of the
basis for this finding, including a summary of the changes in
information that informed this finding relative to the 2015 proposed
rule, can be found in the species assessment form, the revised species
status assessment report (Service 2022, entire), 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
Lower Colorado River roundtail chub DPS to the person listed above
under FOR FURTHER INFORMATION CONTACT, whenever it becomes available.
New information will help us monitor this species and make appropriate
decisions about its conservation and status. We encourage local
agencies and stakeholders to continue cooperative monitoring and
conservation efforts.
Advance Notice of Proposed Rulemaking
As mentioned previously, the Gila chub (Gila intermedia) remains
listed as endangered and was unaffected by the 2017 withdrawal of the
2015 proposed rule to list the headwater chub and the Lower Colorado
River roundtail chub DPS as threatened species under the Act (82 FR
16981, April 7, 2017), despite the taxonomic revision concluding
species-level status is not warranted for the Gila chub. Therefore, we
hereby announce that we are considering issuing a proposed rule to
remove Gila chub (Gila intermedia) from the List of Endangered and
Threatened Wildlife at 50 CFR 17.11(h). This document seeks relevant
comments from the public on the status of the species, its taxonomy, or
its habitats that could serve to inform a new rulemaking action. While
we are requesting information on our consideration of issuing a
proposed rule to remove Gila chub from the List of Endangered and
Threatened Wildlife here, if we determine issuing such a proposed rule
is supported by the best information available, formal rulemaking will
follow with the opportunity for additional review and comment.
As section 4(b)(1)(A) of the Act directs that determinations as to
whether any species is an endangered or a threatened species must be
made ``solely on the basis of the best scientific and commercial data
available,'' please include sufficient information with your submission
(such as scientific journal articles or other publications) to allow us
to verify any scientific or commercial information you include.
You may submit your comments and materials concerning this advance
notice of proposed rulemaking for the Gila chub by one of the methods
listed in ADDRESSES. We request that you send comments only by the
methods described in ADDRESSES.
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on https://www.regulations.gov.
References Cited
A list of the references cited in this document is available on the
internet at https://www.regulations.gov under Docket No. FWS-R2-ES-
2022-0001 in the species assessment form, or upon request from the
person listed above under FOR FURTHER INFORMATION CONTACT.
Authors
The primary authors of this document are the staff members of the
Fish and Wildlife Service's 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,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-07165 Filed 4-4-22; 8:45 am]
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