Endangered and Threatened Wildlife and Plants; 12-Month Findings on Petitions to List 13 Species as Endangered or Threatened Species
| Published date | 19 December 2018 |
| Citation | 83 FR 65127 |
| Record Number | 2018-27467 |
| Section | Proposed rules |
| Court | Fish And Wildlife Service,Interior Department |
65127
Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Proposed Rules
with better understanding of patient
coverage and benefits (including its use
in patient medical records to help
clarify a patient’s healthcare benefit
package). A commenter stated that the
HPID could be used for enforcement or
certification of compliance of health
plans. The adoption of a standard
unique health plan identifier is required
by statute, and HHS remains open to
industry and NCVHS discussion and
recommendations for appropriate use
case(s) that meet the requirements of
administrative simplification and will
explore options for a more effective
standard unique health plan identifier
in the future.
We solicit and welcome comments on
our proposal, on the alternatives we
have identified, and on other
alternatives that we could consider, as
well as on the costs and benefits of a
health plan identifier.
In accordance with the provisions of
Executive Order 12866, this proposed
rule was reviewed by the Office of
Management and Budget.
List of Subjects in 45 Part 162
Administrative practice and
procedures, Electronic Transactions,
Health facilities, Health insurance,
Hospitals, Medicaid, Medicare,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Department of Health and
Human Services proposes to amend 45
CFR part 162 to read as follows:
PART 162—ADMINISTRATIVE
REQUIREMENTS
■1. The authority citation for part 162
is revised to read as follows:
Authority: 42 U.S.C. 1320d–1320d–9 and
secs. 1104 and 10109 of Pub. L. 111–148, 124
Stat 146–154 and 915–917.
§ 162.103 [Amended]
■2. Section 162.103 is amended by
removing the definitions of ‘‘Controlling
health plan (CHP)’’ and ‘‘Subhealth plan
(SHP)’’.
Subpart E [Removed and Reserved]
■3. Part 162 is amended by removing
and reserving Subpart E.
Dated: December 6, 2018.
Alex M. Azar II,
Secretary, Department of Health and Human
Services.
[FR Doc. 2018–27435 Filed 12–18–18; 8:45 am]
BILLING CODE 4120–01–P
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.
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:
Species Docket No.
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
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
:
Species Contact information
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.
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Species Contact information
Frisco buckwheat, Ostler’s peppergrass, and
Frisco clover. Jennifer Lewinsohn, Biologist, Utah Ecological Services Field Office, 801–597–8352.
MacGillivray’s seaside sparrow .......................... Thomas McCoy, Field Supervisor, South 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 flower-loving fly .......... Josh Hull, Recovery and Listing Division 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.
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
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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
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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).
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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
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 Ozark pyrg, 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
Ozark pyrg may warrant listing. This
document constitutes the 12-month
finding on the April 20, 2010, petition
to list the Ozark pyrg under the Act.
Summary of Finding
The Ozark pyrg is a freshwater snail
historically found in a shoal of the
White River near Cotter, Arkansas, and
in the North Fork White River near the
confluence. No specific life-history data
exist regarding the species’
reproduction, diet, age, growth,
population size structure, or fecundity.
However, many species within the same
genus are adapted to springs, ponds,
and other sensitive aquatic habitats.
Some of these species also show a
preference for gravel and pebble
substrates and shallower water depths.
Based on extensive surveys between
1915, when the species was first
described, and 2010 throughout the
range of the species in Arkansas and
Missouri that have yielded no
specimens, and the extreme
modification of the habitat at the
species’ type locality, the best available
science indicates there are no extant
populations of the Ozark pyrg.
Therefore, we determine the Ozark pyrg
to be extinct. As a result, the Ozark pyrg
does not meet the statutory definition of
either an endangered species or a
threatened species and, accordingly,
does not warrant listing under the Act.
A detailed discussion of the basis for
this finding can be found in the Ozark
pyrg species assessment form and other
supporting documents (see
ADDRESSES
,
above).
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.
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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,
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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
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