Endangered and Threatened Wildlife and Plants; 90-Day Findings for Three Species
| Published date | 11 May 2021 |
| Record Number | 2021-09707 |
| Section | Proposed rules |
| Court | Fish And Wildlife Service |
Federal Register, Volume 86 Issue 89 (Tuesday, May 11, 2021)
[Federal Register Volume 86, Number 89 (Tuesday, May 11, 2021)]
[Proposed Rules]
[Pages 25833-25836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09707]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES11110900000212]
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.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on three petitions to add species to the 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 Aztec gilia (Aliciella formosa),
Clover's cactus (Sclerocactus cloverae), and Suckley's cuckoo bumble
bee (Bombus suckleyi) 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 May 11, 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). In addition, this supporting
information is available by contacting the appropriate person, as
[[Page 25834]]
specified in FOR FURTHER INFORMATION CONTACT.
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:
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Species common name Contact person
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Aztec gilia....................... Shawn Sartorius, Field Supervisor,
New Mexico Ecological Services
Field Office, 505-761-4781;
[email protected].
Clover's cactus................... Shawn Sartorius, Field Supervisor,
New Mexico Ecological Services
Field Office, 505-761-4781;
[email protected].
Suckley's cuckoo bumble bee....... Sarah Conn, Project Leader,
Fairbanks Fish and Wildlife
Conservation Office, 907-456-0499;
[email protected].
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If you use a telecommunications device for the deaf, please call
the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations in title 50 of the Code of Federal Regulations (50 CFR part
424) set forth the procedures for adding 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 effect of the threats on the species as a whole. We also
consider the cumulative effect of the threats in light of those actions
and conditions that are expected to have positive effects on the
species--such as any existing regulatory mechanisms or conservation
efforts that may ameliorate threats. 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
[[Page 25835]]
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.
Table--Status Reviews
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URL to docket on
Common name Docket No. http://www.regulations.gov
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Aztec gilia................... FWS-R2-ES-2020-00 https://
95. www.regulations.gov/
docket?D=FWS-R2-ES-
2020-0095.
Clover's cactus............... FWS-R2-ES-2020-00 https://
96. www.regulations.gov/
docket?D=FWS-R2-ES-
2020-0096.
Suckley's cuckoo bumble bee... FWS-R7-ES-2020-00 https://
97. www.regulations.gov/
docket?D=FWS-R7-ES-
2020-0097.
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Evaluation of a Petition To List Aztec Gilia
Species and Range
Aztec gilia (Aliciella formosa); New Mexico.
Previous Federal Actions
On June 11, 2020, we received a petition dated May 29, 2020, from
WildEarth Guardians requesting that the Aztec gilia be listed as an
endangered or threatened 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 the petitioned action may be
warranted for the Aztec gilia due to potential threats associated with
the following: Oil and gas development, off-road vehicle use, and
livestock grazing (Factor A); predation (Factor C); and climate change
(Factor E). The petition also presented substantial information that
existing regulatory mechanisms may be inadequate to address impacts of
these threats (Factor D).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
http://www.regulations.gov under Docket No. FWS-R2-ES-2020-0095 under
the Supporting Documents section.
Evaluation of a Petition To List Clover's Cactus
Species and Range
Clover's cactus (Sclerocactus cloverae); New Mexico, Colorado.
Previous Federal Actions
On June 11, 2020, we received a petition dated May 29, 2020, from
WildEarth Guardians requesting that the Clover's cactus be listed as an
endangered or threatened 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 the petitioned action may be
warranted for the Clover's cactus due to potential threats associated
with the following: Oil and gas development, off-road vehicle use, and
livestock grazing (Factor A); illegal collection (Factor B); predation
(Factor C); and climate change (Factor E). The petition also presented
substantial information that existing regulatory mechanisms may be
inadequate to address impacts of these threats (Factor D). We will
fully evaluate these 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-2020-0096 under
the Supporting Documents section.
Evaluation of a Petition To List Suckley's Cuckoo Bumble Bee
Species and Range
Suckley's cuckoo bumble bee (Bombus suckleyi); Alaska, California,
Oregon, Washington, Idaho, Colorado, Montana, North Dakota, South
Dakota, and New York; Canada: British Columbia, Yukon, Northwest
Territories, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Nova
Scotia, and Newfoundland and Labrador.
Previous Federal Actions
On April 23, 2020, we received a petition dated April 23, 2020,
from the Center for Biological Diversity, requesting that Suckley's
cuckoo bumble bee 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 the petitioned action may be
warranted for the Suckley's cuckoo bumble bee due to potential threats
associated with the following: Livestock grazing and habitat loss from
fire management (Factor A); disease or loss of hosts and potential host
transmission (Factor C); pesticide use for bark beetle management,
agricultural intensification, effects of climate change, loss of
genetic diversity, and synergistic effects (Factor E). The petition
also presented substantial information that existing regulatory
mechanisms may be inadequate to address impacts of these threats
(Factor D). We will fully evaluate these 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
[[Page 25836]]
be found as an appendix at http://www.regulations.gov under Docket No.
FWS-R7-ES-2020-0097 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 Aztec gilia,
Clover's cactus, and Suckley's cuckoo bumble bee 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.
[FR Doc. 2021-09707 Filed 5-10-21; 8:45 am]
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