Endangered and Threatened Wildlife and Plants; 90-Day Findings for Three Species

• Published date: 24 March 2021
• Citation: 86 FR 15637
• Record Number: 2021-05946
• Section: Proposed rules
• Court: Fish And Wildlife Service

15637

Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Proposed Rules

INFORMATION CONTACT

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Please contact Ben Singh by phone or

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SUPPLEMENTARY INFORMATION

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additional information, see the direct

final rule published in the ‘‘Rules and

Regulations’’ section of this Federal

Register.

List of Subjects in 40 CFR Parts 281 and

282

Environmental protection,

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Reporting and recordkeeping

requirements, State program approval,

Underground storage tanks.

Authority: This document is issued under

the authority of sections 2002(a), 7004(b),

9004, 9005, and 9006 of the Solid Waste

Disposal Act, as amended, 42 U.S.C. 6912(a),

6974(b), 6991c, 6991d, and 6991e.

Dated: February 26, 2021.

John Blevins,

Acting Regional Administrator, Region 4.

[FR Doc. 2021–05420 Filed 3–23–21; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FF09E21000 FXES11110900000 212]

Endangered and Threatened Wildlife

and Plants; 90-Day Findings for Three

Species

AGENCY

: Fish and Wildlife Service,

Interior.

ACTION

: Notice of petition findings and

initiation of status reviews.

SUMMARY

: We, the U.S. Fish and

Wildlife Service (Service), announce 90-

day findings on three petitions to add

species to the Lists of Endangered and

Threatened Wildlife and Plants under

the Endangered Species Act of 1973, as

amended (Act). Based on our review, we

find that the petitions present

substantial scientific or commercial

information indicating that the

petitioned actions may be warranted.

Therefore, with the publication of this

document, we announce that we plan to

initiate status reviews of the Rio Grande

shiner (Notropis jemezanus), Shasta

snow-wreath (Neviusia cliftonii), and

threecorner milkvetch (Astragalus

geyeri var. triquetrus) to determine

whether the petitioned actions are

warranted. To ensure that the status

reviews are comprehensive, we are

requesting scientific and commercial

data and other information regarding the

species and factors that may affect their

status. Based on the status reviews, we

will issue 12-month petition findings,

which will address whether or not the

petitioned actions are warranted, in

accordance with the Act.

DATES

: These findings were made on

March 24, 2021. As we commence our

status reviews, we seek any new

information concerning the status of, or

threats to, the species or their habitats.

Any information we receive during the

course of our status reviews will be

considered.

ADDRESSES

:

Supporting documents: Summaries of

the basis for the petition findings

contained in this document are

available on http://www.regulations.gov

under the appropriate docket number

(see table under

SUPPLEMENTARY

INFORMATION

).

Status reviews: If you have new

scientific or commercial data or other

information concerning the status of, or

threats to, the species for which we are

initiating status reviews, please provide

those data or information by one of the

following methods:

(1) Electronically: Go to the Federal

eRulemaking Portal: http://

www.regulations.gov. In the Search box,

enter the appropriate docket number

(see table under

SUPPLEMENTARY

INFORMATION

). Then, click on the

‘‘Search’’ button. After finding the

correct document, you may submit

information by clicking on ‘‘Comment

Now!’’ If your information will fit in the

provided comment box, please use this

feature of http://www.regulations.gov, as

it is most compatible with our

information review procedures. If you

attach your information as a separate

document, our preferred file format is

Microsoft Word. If you attach multiple

comments (such as form letters), our

preferred format is a spreadsheet in

Microsoft Excel.

(2) By hard copy: Submit by U.S. mail

to: Public Comments Processing, Attn:

[Insert appropriate docket number; see

table under

SUPPLEMENTARY

INFORMATION

], U.S. Fish and Wildlife

Service, MS: PRB/3W, 5275 Leesburg

Pike, Falls Church, VA 22041–3803.

We request that you send information

only by the methods described above.

We will post all information we receive

on http://www.regulations.gov. This

generally means that we will post any

personal information you provide us.

FOR FURTHER INFORMATION CONTACT

:

Species common name Contact person

Rio Grande shiner .................................................................................... Andy Dean, 505–342–9900 x112, andy_dean@fws.gov.

Shasta snow-wreath ................................................................................. Jenny Ericson, 503–841–3114, jenny_ericson@fws.gov.

Threecorner milkvetch .............................................................................. Glen Knowles, 702–515–5230; glen_knowles@fws.gov.

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If you use a telecommunications device

for the deaf, please call the Federal

Relay Service at 800–877–8339.

SUPPLEMENTARY INFORMATION

:

Background

Section 4 of the Act (16 U.S.C. 1533)

and its implementing regulations in title

50 of the Code of Federal Regulations

(50 CFR part 424) set forth the

procedures for adding species to,

removing species from, or reclassifying

species on the Federal Lists of

Endangered and Threatened Wildlife

and Plants (Lists or List) in 50 CFR part

17. Section 4(b)(3)(A) of the Act requires

that we make a finding on whether a

petition to add a species to the List (i.e.,

‘‘list’’ a species), remove a species from

the List (i.e., ‘‘delist’’ a species), or

change a listed species’ status from

endangered to threatened or from

threatened to endangered (i.e.,

‘‘reclassify’’ a species) presents

substantial scientific or commercial

information indicating that the

petitioned action may be warranted. To

the maximum extent practicable, we are

to make this finding within 90 days of

our receipt of the petition and publish

the finding promptly in the Federal

Register.

Our regulations establish that

substantial scientific or commercial

information with regard to a 90-day

petition finding refers to credible

scientific or commercial information in

support of the petition’s claims such

that a reasonable person conducting an

impartial scientific review would

conclude that the action proposed in the

petition may be warranted (50 CFR

424.14(h)(1)(i)).

A species may be determined to be an

endangered species or a threatened

species because of one or more of the

five factors described in section 4(a)(1)

of the Act (16 U.S.C. 1533(a)(1)). The

five factors are:

(a) The present or threatened

destruction, modification, or

curtailment of its habitat or range

(Factor A);

(b) Overutilization for commercial,

recreational, scientific, or educational

purposes (Factor B);

(c) Disease or predation (Factor C);

(d) The inadequacy of existing

regulatory mechanisms (Factor D); and

(e) Other natural or manmade factors

affecting its continued existence (Factor

E).

These factors represent broad

categories of natural or human-caused

actions or conditions that could have an

effect on a species’ continued existence.

In evaluating these actions and

conditions, we look for those that may

have a negative effect on individuals of

the species, as well as other actions or

conditions that may ameliorate any

negative effects or may have positive

effects.

We use the term ‘‘threat’’ to refer in

general to actions or conditions that are

known to, or are reasonably likely to,

affect individuals of a species

negatively. The term ‘‘threat’’ includes

actions or conditions that have a direct

impact on individuals (direct impacts),

as well as those that affect individuals

through alteration of their habitat or

required resources (stressors). The term

‘‘threat’’ may encompass—either

together or separately—the source of the

action or condition, or the action or

condition itself. However, the mere

identification of any threat(s) may not

be sufficient to compel a finding that the

information in the petition is substantial

information indicating that the

petitioned action may be warranted. The

information presented in the petition

must include evidence sufficient to

suggest that these threats may be

affecting the species to the point that the

species may meet the definition of an

endangered species or threatened

species under the Act.

If we find that a petition presents

such information, our subsequent status

review will evaluate all identified

threats by considering the individual-,

population-, and species-level effects

and the expected response by the

species. We will evaluate individual

threats and their expected effects on the

species, then analyze the cumulative

effects of the threats on the species as

a whole. We also consider the

cumulative effects of the threats in light

of those actions and conditions that are

expected to have positive effects on the

species—such as any existing regulatory

mechanisms or conservation efforts that

may ameliorate threats. It is only after

conducting this cumulative analysis of

threats and the actions that may

ameliorate them, and the expected effect

on the species now and in the

foreseeable future, that we can

determine whether the species meets

the definition of an endangered species

or threatened species under the Act. If

we find that a petition presents

substantial scientific or commercial

information indicating that the

petitioned action may be warranted, the

Act requires that we promptly

commence a review of the status of the

species, and we will subsequently

complete a status review in accordance

with our prioritization methodology for

12-month findings (81 FR 49248; July

27, 2016).

Summaries of Petition Findings

The petition findings contained in

this document are listed in the table

below, and the basis for each finding,

along with supporting information, is

available on http://www.regulations.gov

under the appropriate docket number.

T

ABLE

S

TATUS

R

EVIEWS

Common name Docket No. URL to Docket on http://www.regulations.gov

Rio Grande shiner ........................... FWS–R2–ES–2020–0054 ............. https://www.regulations.gov/docket?D=FWS-R2-ES-2020-0054.

Shasta snow-wreath ........................ FWS–R8–ES–2020–0055 ............. https://www.regulations.gov/docket?D=FWS-R8-ES-2020-0055.

Threecorner milkvetch ..................... FWS–R8–ES–2020–0056 ............. https://www.regulations.gov/docket?D=FWS-R8-ES-2020-0056.

Evaluation of a Petition To List the Rio

Grande Shiner

Species and Range

Rio Grande shiner (Notropis

jemezanus); New Mexico, Texas, and

Mexico.

Petition History

On January 23, 2020, we received a

petition dated January 21, 2020, from

WildEarth Guardians requesting that the

Rio Grande shiner be listed as an

endangered species and critical habitat

be designated for this species under the

Act. The petition clearly identified itself

as such and included the requisite

identification information for the

petitioner, required at 50 CFR 424.14(c).

This finding addresses the petition.

Finding

Based on our review of the petition

and sources cited in the petition, we

find that the petition presents

substantial scientific or commercial

information indicating that the

petitioned action may be warranted for

the Rio Grande shiner due to potential

threats associated with the following:

Dewatering, habitat fragmentation,

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changes in stream morphology and flow

regimes, and water quality degradation

(Factor A); predation from nonnative

species (Factor C); and climate change,

human population growth, and small

isolated populations (Factor E). The

petition also presented substantial

information that the existing regulatory

mechanisms may be inadequate to

address impacts of these threats (Factor

D). We will fully evaluate all potential

threats during our 12-month status

review, pursuant to the Act’s

requirement to review the best available

scientific information when making that

finding.

The basis for our finding on this

petition, and other information

regarding our review of the petition, can

be found as an appendix at http://

www.regulations.gov under Docket No.

FWS–R2–ES–2020–0054 under the

Supporting Documents section.

Evaluation of a Petition To List the

Shasta Snow-Wreath

Species and Range

Shasta snow-wreath (Neviusia

cliftonii); Shasta County, California.

Petition History

On October 3, 2019, we received a

petition dated September 30, 2019, from

Kathleen S. Roche and the California

Native Plant Society, requesting that

Shasta snow-wreath (Neviusia cliftonii)

be listed as endangered or threatened

and critical habitat be designated for

this species under the Act. The petition

clearly identified itself as such and

included the requisite identification

information for the petitioner, required

at 50 CFR 424.14(c). This finding

addresses the petition.

Finding

Based on our review of the petition

and sources cited in the petition, we

find that the petition presents

substantial scientific or commercial

information indicating that the

petitioned action may be warranted for

the Shasta snow-wreath due to potential

threats under Factor A, including

impacts of: Raising Shasta Dam and

related activities; ongoing activities,

such as mining, logging, and road or

trail maintenance; invasive species; and

habitat changes, such as landslides and

soil slumping. The petition also

presented substantial information that

the existing regulatory mechanisms may

be inadequate to address impacts of

these threats (Factor D). We will fully

evaluate all potential threats during our

12-month status review, pursuant to the

Act’s requirement to review the best

available scientific information when

making that finding.

The basis for our finding on this

petition, and other information

regarding our review of this petition,

can be found as an appendix at http://

www.regulations.gov under Docket No.

FWS–R8–ES–2020–0055 under the

Supporting Documents section.

Evaluation of a Petition To List the

Threecorner Milkvetch

Species and Range

Threecorner milkvetch (Astragalus

geyeri var. triquetrus); Clark and Lincoln

Counties, Nevada; Mohave County,

Arizona.

Petition History

On April 25, 2019, we received a

petition dated April 25, 2019, from

Basin and Range Watch and Western

Watersheds Project, requesting that the

threecorner milkvetch be emergency

listed as threatened or endangered and

critical habitat be designated for this

species under the Act. The petition

clearly identified itself as such and

included the requisite identification

information for the petitioner, required

at 50 CFR 424.14(c). The Act does not

provide for a process to petition

emergency listing; therefore, we are

evaluating this petition under the

normal process of determining if it

presents substantial scientific or

commercial information indicating that

the petitioned action may be warranted.

This finding addresses the petition.

Finding

Based on our review of the petition

and sources cited in the petition, we

find that the petition presents

substantial scientific or commercial

information indicating that the

petitioned action may be warranted for

the threecorner milkvetch due to

potential threats associated with energy

development, utility infrastructure, and

weedy invasive plants (Factor A). The

petition also presented substantial

information that the existing regulatory

mechanisms may be inadequate to

address impacts of these threats (Factor

D). The petition also presented

information suggesting livestock

grazing, off-highway vehicle use, urban

development, increased recreation and

visitor use in parks, drought, and habitat

fragmentation may be threats to the

threecorner milkvetch. We will fully

evaluate all potential threats during our

12-month status review, pursuant to the

Act’s requirement to review the best

available scientific information when

making that finding.

The basis for our finding on this

petition, and other information

regarding our review of the petition, can

be found as an appendix at http://

www.regulations.gov under Docket No.

FWS–R8–ES–2020–0056 under the

Supporting Documents section.

Conclusion

On the basis of our evaluation of the

information presented in the petitions

under sections 4(b)(3)(A) and

4(b)(3)(D)(i) of the Act, we have

determined that the petitions

summarized above for the Rio Grande

shiner, Shasta snow-wreath, and

threecorner milkvetch present

substantial scientific or commercial

information indicating that the

petitioned actions may be warranted.

We are, therefore, initiating status

reviews of these species to determine

whether the actions are warranted under

the Act. At the conclusion of the status

reviews, we will issue findings, in

accordance with section 4(b)(3)(B) of the

Act, as to whether the petitioned actions

are not warranted, warranted, or

warranted but precluded by pending

proposals to determine whether any

species is an endangered species or a

threatened species.

Authors

The primary authors of this document

are staff members of the Ecological

Services Program, U.S. Fish and

Wildlife Service.

Authority

The authority for these actions is the

Endangered Species Act of 1973, as

amended (16 U.S.C. 1531 et seq.).

Martha Williams,

Principal Deputy Director, Exercising the

Delegated Authority of the Director, U.S. Fish

and Wildlife Service.

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