Endangered and Threatened Wildlife and Plants; 90-Day Findings for Three Species
| Published date | 27 July 2021 |
| Citation | 86 FR 40186 |
| Record Number | 2021-15497 |
| Section | Proposed rules |
| Court | Fish And Wildlife Service |
Federal Register, Volume 86 Issue 141 (Tuesday, July 27, 2021)
[Federal Register Volume 86, Number 141 (Tuesday, July 27, 2021)]
[Proposed Rules]
[Pages 40186-40189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15497]
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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: Notification 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 two petitions to add species to the Lists of Endangered
and Threatened Wildlife and Plants and one petition to remove a species
(``delist'') under the Endangered Species Act of 1973, as amended
(Act). Based on our review, we find that the petitions to list the
Alexander Archipelago wolf (Canis lupus ligoni) and western ridged
mussel (Gonidea angulata) 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 these species to determine whether
the petitioned actions are warranted. We find that the petition to
delist the golden-cheeked warbler (Dendroica chrysoparia) does not
present substantial scientific or commercial information indicating the
petitioned action may be warranted. Therefore, we are not initiating a
status review of the species. 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 July 27, 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
[[Page 40187]]
supporting information is available by contacting the appropriate
person, as 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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Alexander Archipelago wolf............................. Douglass Cooper, Ecological Services Branch Chief,
Anchorage Fish and Wildlife Conservation Office, 907-
271-1467, [email protected].
Golden-cheeked warbler................................. Adam Zerrener, Field Supervisor, Austin Ecological
Services Field Office, 512-490-0057 x248,
[email protected].
Western ridged mussel.................................. Paul Henson, State Supervisor, Portland Ecological
Services Field Office, 503-231-6179,
[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); before 2016, 50 CFR 424.14(b)).
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.
[[Page 40188]]
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.
Table--Status Reviews
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Common name Docket No. URL to docket on http://www.regulations.gov
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Alexander Archipelago wolf...... FWS-R7-ES-2020-0147............. https://www.regulations.gov/docket?D=FWS-R7-ES-2020-0147
Golden-cheeked warbler.......... FWS-R2-ES-2016-0062............. https://www.regulations.gov/docket?D=FWS-R2-ES-2016-0062
Western ridged mussel........... FWS-R1-ES-2020-0150............. https://www.regulations.gov/docket?D=FWS-R1-ES-2020-0150
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Evaluation of a Petition To List Alexander Archipelago Wolf
Species and Range
Alexander Archipelago wolf (Canis lupus ligoni); Alaska and Canada.
Petition History
We received a petition on July 15, 2020, dated the same, from the
Center for Biological Diversity, Alaska Rainforest Defenders, and
Defenders of Wildlife, requesting that we list the Alexander
Archipelago wolf as an endangered species or a threatened species and
designate critical habitat 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 Alexander Archipelago wolf due to potential threats
associated with the following: Logging and road development (Factor A);
illegal and legal trapping and hunting (Factor B); the effects of
climate change (Factor E); and loss of genetic diversity and inbreeding
depression (Factor E).
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-R7-ES-2020-0147 under
the Supporting Documents section.
Evaluation of a Petition To Delist Golden-Cheeked Warbler
Species and Range
Golden-cheeked warbler (Dendroica chrysoparia = Setophaga
chrysoparia); Texas, Mexico (Chiapas), and Central America (Guatemala,
Honduras, Nicaragua, and El Salvador).
Petition History
On December 27, 1990, the Service published in the Federal Register
(55 FR 53153) a final rule to list the golden-cheeked warbler as an
endangered species. On June 30, 2015, we received a petition dated June
29, 2015, from Nancie G. Marzulla (Marzulla Law, LLC--Washington, DC)
and Robert Henneke (Texas Public Policy Foundation--Austin, TX)
requesting that we remove the golden-cheeked warbler from the Federal
List of Endangered and Threatened Wildlife (``delist'' the species) due
to recovery or error in information. The petition clearly identified
itself as such and included the requisite identification information
for the petitioner, required at now 50 CFR 424.14(c) (before 2016, 50
CFR 424.14(a)).
On December 11, 2015, we received supplemental information from the
petitioners that included additional published studies and an
unpublished report. These studies, as well as others known to the
Service and in our files at the time the supplement was received, were
considered, as appropriate. On June 3, 2016, we published in the
Federal Register (81 FR 35698) our finding that the petition did not
provide substantial scientific or commercial information indicating
that the petition action may be warranted.
The General Land Office of Texas (GLO) challenged our June 3, 2016,
negative 90-day finding on the petition to delist. The District Court
found in favor of the Service. The GLO appealed the June 3, 2016, 90-
day finding that decision, and the Circuit Court vacated and remanded
it to the Service. This finding addresses the petition in response to
the court's decision.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition does not present substantial
scientific or commercial information indicating the petitioned action
may be warranted for the golden-cheeked warbler. Because the petition
does not present substantial information indicating that delisting the
golden-cheeked warbler may be warranted, we are not initiating a status
review of this species in response to this petition. However, we ask
that the public submit to us any new information that becomes available
concerning the status of, or threats to, this species or its habitat at
any time by contacting the appropriate person listed under FOR FURTHER
INFORMATION CONTACT, above.
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-2016-0062 under
the Supporting Documents section.
Evaluation of a Petition To List Western Ridged Mussel
Species and Range
Western ridged mussel (Gonidea angulata); California, Oregon,
Washington, Idaho, Nevada, and the Canadian Province of British
Columbia.
Petition History
On August 21, 2020, we received a petition dated August 18, 2020,
from the Xerces Society for Invertebrate Conservation, requesting that
we list the western ridged mussel as an endangered species and
designate critical habitat 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).
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
[[Page 40189]]
the western ridged mussel due to potential threats associated with the
following: Habitat destruction, modification, and curtailment of range;
impacts to water quantity, water quality, and natural flow and
temperature regimes; aquatic invasive species (Factor A); and disease
(Factor C).
We find that the petition presents substantial scientific or
commercial information indicating that regulatory mechanisms may be
inadequate to ameliorate or reduce those threats (Factor D). We
determined that the petition does not provide substantial documentation
for the threats of overutilization of the species for commercial,
recreational, scientific, or educational purposes (Factor B) and loss
of genetic diversity (Factor E). 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-R1-ES-2020-0150 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 Alexander
Archipelago wolf and western ridged mussel 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. In addition,
we have determined that the petition summarized above for the golden-
cheeked warbler does not present substantial scientific or commercial
information indicating that the petitioned action may be warranted. We
are, therefore, not initiating a status review of this species in
response to this petition.
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. 2021-15497 Filed 7-26-21; 8:45 am]
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