Endangered and Threatened Wildlife and Plants; 90-Day Findings on Two Petitions, 35698-35701 [2016-13120]
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35698
Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules
annual receipts of $32.5 million or
less.178 For this category, census data for
2007 show that there were 2,383 firms
that operated for the entire year. Of
these firms, a total of 2,346 had gross
annual receipts of less than $25
million.179 Thus, a majority of ‘‘All
Other Telecommunications’’ firms
potentially affected by the proposals in
the NPRM can be considered small.
D. Description of Projected Reporting,
Recordkeeping and Other Compliance
Requirements
26. This NPRM does not propose any
changes to the Commission’s current
information collection, reporting,
recordkeeping, or compliance
requirements.
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E. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
27. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
approach, which may include the
following four alternatives, among
others: (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.180
28. This NPRM seeks comment on the
Commission’s regulatory fee collection
for Fiscal Year 2016, as required by
Congress each year. Specifically, we ask
for comments each year in the
Regulatory Flexibility Analysis on how
to minimize adverse economic impact,
imposed by our proposed rules, on
small entities. The regulatory fees
proposed in this NPRM do not include
any new fee categories. However, the
proposal in FY 2016 to revise the
broadcasters’ fee grid to include a
threshold ‘‘greater than 6,000,000’’, and
a change in the television fee amounts
so that large markets pay a higher
proportional fee than small and
medium-sized markets, will provide
some relief to small broadcast and
television entities. The increase in the
de minimis amount to $500
implemented in FY 2015 has already
178 13
CFR 121.201; NAICs Code 517919.
179 https://factfinder.census.gov/faces/
tableservices.jasf/pages/
productview.xhtml?pid+ECN_2007_
US.51SSSZ4&prodType=table.
180 5 U.S.C. 603(c)(1)–(c)(4).
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provided financial relief to smaller
entities.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
29. None.
VII. Ordering Clauses
30. Accordingly, it is ordered that,
pursuant to sections 4(i) and (j), 9, and
303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i),
154(j), 159, and 303(r), this Notice of
Proposed Rulemaking is hereby
adopted.
31. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Notice of Proposed Rulemaking,
including the Initial Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the U.S. Small
Business Administration.
(Alces alces andersoni) as an
endangered or threatened distinct
population segment (DPS), presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted.
Therefore, with the publication of this
document, we are initiating a review of
the status of this population to
determine if the petitioned action is
warranted. To ensure that this status
review is comprehensive, we are
requesting scientific and commercial
data and other information regarding
this subspecies. Based on the status
review, we will issue a 12-month
finding on the petition, which will
address whether the petitioned action is
warranted, as provided in section
4(b)(3)(B) of the Act.
[FR Doc. 2016–13087 Filed 6–2–16; 8:45 am]
To allow us adequate time to
conduct the status review, we request
that we receive information no later
than August 2, 2016. Information
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES, below) must be received by
11:59 p.m. Eastern Time on the closing
date.
BILLING CODE 6712–01–P
ADDRESSES:
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS–R3–ES–2016–0061;
FWS–R2–ES–2016–0062] 4500030115
Endangered and Threatened Wildlife
and Plants; 90-Day Findings on Two
Petitions
Fish and Wildlife Service,
Interior.
ACTION: Notice of petition findings and
initiation of status review.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce 90day findings on two petitions to list or
delist wildlife under the Endangered
Species Act of 1973, as amended (Act).
Based on our review, we find that one
petition, which requests that we remove
the golden-cheeked warbler from the
Federal List of Endangered and
Threatened Wildlife, does not present
substantial scientific or commercial
information indicating that the
petitioned action may be warranted, and
we are not initiating a status review in
response to this petition. We refer to
this as a ‘‘not-substantial petition
finding.’’ We also find that the other
petition, which requests that we list the
U.S. population of northwestern moose
SUMMARY:
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DATES:
Not-substantial petition
finding: The not-substantial petition
finding for the golden-cheeked warbler
is available on https://
www.regulations.gov under the docket
number FWS–R2–ES–2016–0062.
Supporting information in preparing
this finding is available for public
inspection, by appointment, during
normal business hours by contacting the
appropriate person, as specified under
FOR FURTHER INFORMATION CONTACT.
Status review: You may submit
information on the U.S. population of
northwestern moose (Alces alces
andersoni) by one of the following
methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter the docket number: FWS–R3–ES–
2016–0061. You may submit
information by clicking on ‘‘Comment
Now!’’ If your information will fit in the
provided comment box, please use this
feature of https://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
or hand-delivery to: Public Comments
Processing, Attn: FWS–R3–ES–2016–
0061; U.S. Fish and Wildlife Service,
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MS: BPHC, 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 received on
https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see Request for Information, below, for
more details).
FOR FURTHER INFORMATION CONTACT: For
information on the golden-cheeked
warbler, contact Adam Zerrenner,
adam_zerrenner@fws.gov, or 512–490–
0057. For information on the U.S.
population of northwestern moose
(Alces alces andersoni), contact John
JaKa, jonathan_jaka@fws.gov, 612–713–
5350.
If you use a telecommunications
device for the deaf (TDD), please call the
Federal Information Relay Service
(FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
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Request for Information
When we make a finding that a
petition presents substantial
information indicating that listing,
reclassification, or delisting a species
may be warranted, we are required to
promptly review the status of the
species (status review). For the status
review to be complete and based on the
best available scientific and commercial
data available, we request information
on these species from governmental
agencies, Native American Tribes, the
scientific community, industry, and any
other interested parties. We seek
information on:
(1) The biology, range, and population
trends of the U.S. population of
northwestern moose (Alces alces
andersoni), including:
(a) Habitat requirements;
(b) Genetics and taxonomy;
(c) Historical and current range,
including distribution patterns;
(d) Historical and current population
levels, and current and projected trends;
and
(e) Past and ongoing conservation
measures for the subspecies, its habitat,
or both.
(2) The factors that are the basis for
making a listing, reclassification, or
delisting determination for a species
under section 4(a) of the Act (16 U.S.C.
1531 et seq.), which 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);
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(d) The inadequacy of existing
regulatory mechanisms (Factor D); or
(e) Other natural or manmade factors
affecting its continued existence (Factor
E).
(3) The potential effects of climate
change on this subspecies and its
habitat.
(4) Additional evidence of
discreteness, with respect to the 1996
DPS Policy (61 FR 4722, February 7,
1996), regarding the status of the U.S.
population of northwestern moose
(Alces alces andersoni) satisfying one or
both of the following conditions:
(a) It is markedly separated from other
populations of the same taxon as a
consequence of physical, physiological,
ecological, or behavioral factors.
Quantitative measures of genetic or
morphological discontinuity may
provide evidence of this separation.
(b) It is delimited by international
governmental boundaries within which
differences in control of exploitation,
management of habitat, conservation
status, or regulatory mechanisms exist
that are significant in light of section
4(a)(1)(D) of the Act.
(5) Additional evidence of
significance regarding the status of U.S.
population of northwestern moose
(Alces alces andersoni) including, but
not limited to:
(a) Persistence of the discrete
population segment in an ecological
setting unusual or unique for the taxon,
(b) Evidence that loss of the discrete
population segment would result in a
significant gap in the range of a taxon,
or
(c) Evidence that the discrete
population segment differs markedly
from other populations of the species in
genetic characteristics.
If, after the status review, we
determine that listing is warranted, we
will propose critical habitat (see
definition at section 3(5)(A) of the Act)
for domestic (U.S.) species under
section 4 of the Act, to the maximum
extent prudent and determinable at the
time we propose to list the species.
Therefore, we also request data and
information for the U.S. population of
northwestern moose (Alces alces
andersoni) on:
(6) What may constitute ‘‘physical or
biological features essential to the
conservation of the species,’’ within the
geographical range occupied by the
subspecies;
(7) Where these features are currently
found;
(8) Whether any of these features may
require special management
considerations or protection;
(9) Specific areas outside the
geographical area occupied by the
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subspecies that are ‘‘essential for the
conservation of the species’’; and
(10) What, if any, critical habitat you
think we should propose for designation
if the subspecies is proposed for listing,
such as:
(a) Why these habitats meet the
requirements of section 4 of the Act; and
(b) Any probable economic, national
security, or other relevant impacts of
designating any area that may be
included in the proposed designation,
and the benefits of including or
excluding areas that exhibit these
impacts.
Please include sufficient information
with your submission (such as scientific
journal articles or other publications,
and citations to specific pages) to allow
us to verify any scientific or commercial
information you include.
Submissions merely stating support
for or opposition to the actions under
consideration without providing
supporting information, although noted,
will not be considered in making a
determination. Section 4(b)(1)(A) of the
Act directs that determinations as to
whether any species is an endangered or
threatened species must be made
‘‘solely on the basis of the best scientific
and commercial data available.’’
You may submit your information
concerning this status review by one of
the methods listed in ADDRESSES. If you
submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the Web site. If you submit a
hardcopy that includes personal
identifying information, you may
request at the top of your document that
we withhold this personal identifying
information from public review.
However, we cannot guarantee that we
will be able to do so. We will post all
hardcopy submissions on https://
www.regulations.gov.
Information and supporting
documentation that we received and
used in preparing this finding will be
available for you to review at https://
www.regulations.gov, or you may make
an appointment during normal business
hours by contacting the appropriate
person listed under FOR FURTHER
INFORMATION CONTACT, above.
Background
Section 4(b)(3)(A) of the Act requires
that we make a finding on whether a
petition to list, delist, or 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
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publish our notice of the finding
promptly in the Federal Register.
Our standard for substantial scientific
or commercial information within the
Code of Federal Regulations (CFR) with
regard to a 90-day petition finding is
‘‘that amount of information that would
lead a reasonable person to believe that
the measure proposed in the petition
may be warranted’’ (50 CFR 424.14(b)).
If we find that substantial scientific or
commercial information was presented,
we are required to promptly commence
a review of the status of the species,
which will be subsequently summarized
in our 12-month finding.
Section 4 of the Act (16 U.S.C. 1533)
and its implementing regulations at 50
CFR 424 set forth the procedures for
adding a species to, or removing a
species from, the Federal Lists of
Endangered and Threatened Wildlife
and Plants. A species may be
determined to be an endangered or
threatened species due to one or more
of the five factors described in section
4(a)(1) of the Act (see (2) under Request
For Information, above).
We may delist a species according to
50 CFR 424.11(d) if the best available
scientific and commercial data indicate
that the species is neither endangered
nor threatened for one or more of the
following reasons:
(1) The species is extinct;
(2) The species has recovered and is
no longer endangered or threatened; or
(3) The original scientific or
commercial data used at the time the
species was classified, or the
interpretation of such data, were in
error.
In considering what factors might
constitute threats, we must look beyond
the exposure of the species to a factor
to evaluate whether the species may
respond to the factor in a way that
causes actual impacts to the species. If
there is exposure to a factor and the
species responds negatively, the factor
may be a threat. However, the
identification of factors that could affect
a species negatively 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.
Therefore, during the subsequent status
review, we attempt to determine how
significant a threat it is. The threat is
significant if it drives, or contributes to,
the risk of extinction of the species such
that the species may warrant listing as
endangered or threatened as those terms
are defined in the Act. The information
presented in the petition must include
evidence sufficient to suggest that these
factors may be operative threats that act
on the species to the point that the
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species may meet the definition of an
endangered or threatened species under
the Act.
Evaluation of a Petition To Remove the
Golden-Cheeked Warbler From the List
of Endangered and Threatened Wildlife
Additional information regarding our
review of this petition can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–R2–ES–2016–0062 under the
Supporting Documents section.
Species and Range
Golden-cheeked warbler (Dendroica
chrysoparia =Setophaga chrysoparia,
hereafter warbler), a migratory songbird
breeding exclusively in Texas, and
wintering in the highlands of Mexico
(Chiapas) and Central America
(Guatemala, Honduras, Nicaragua, El
Salvador).
Petition History
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
the golden-cheeked warbler be removed
from the Federal List of Endangered and
Threatened Wildlife (‘‘delisted’’) due to
recovery or error in information. The
petition clearly identified itself as a
petition and included the requisite
identification information for the
petitioner, as required at 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, in this
finding. This finding addresses the
petition.
Finding
Based on our review of the petition,
sources cited in the petition, and
information in our files, we find that the
petition does not provide substantial
scientific or commercial information
indicating that the petitioned action
may be warranted. No new information
is presented that would suggest that the
species was originally listed due to an
error in information. The goldencheeked warbler is a taxonomically
unique species and was shown to be in
danger of extinction at the time of the
listing. The golden-cheeked warbler has
not been recovered, and due to ongoing,
widespread destruction of its habitat,
the species continues to be in danger of
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extinction throughout its range (Service
2014, p. 15).
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 in response to this
petition. Our explanation for this
finding can be found as an appendix at
https://www.regulations.gov under
Docket No. FWS–R2–ES–2016–0062
under the Supporting Documents
section. However, we ask that the public
submit to us any new information that
becomes available concerning the status
of, or threats to, the golden-cheeked
warbler or its habitat at any time (see
FOR FURTHER INFORMATION CONTACT).
Evaluation of a Petition To List the U.S.
Population of Northwestern Moose
(Alces alces andersoni) as an
Endangered or Threatened Distinct
Population Segment (DPS)
Additional information regarding our
review of this petition can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–R3–ES–2016–0061 under the
Supporting Documents section.
Species and Range
U.S. population of northwestern
moose (Alces alces andersoni);
Michigan (Upper Peninsula), Minnesota,
North Dakota, and Wisconsin.
Petition History
We received a petition dated July 9,
2015, from the Center for Biological
Diversity and Honor the Earth,
requesting that we list the U.S.
population of northwestern moose
(Alces alces andersoni) 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(a).
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 U.S. population of the northwestern
moose (Alces alces andersoni) based on
factors A, C, D, and E.
Our explanation for this finding can
be found as an appendix at https://
www.regulations.gov under Docket No.
FWS–R3–ES–2016–0061 under the
Supporting Documents section. Thus,
for the U.S. population of northwestern
moose (Alces alces andersoni), the
Service requests information on the five
listing factors under section 4(a)(1) of
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Recovery and State Grants, Ecological
Services Program, U.S. Fish and
Wildlife Service.
Conclusion
On the basis of our evaluation of the
information presented under section
4(b)(3)(A) of the Act, we have
determined that the petition to remove
the golden-cheeked warbler from the
List of Endangered and Threatened
Wildlife does not present substantial
scientific or commercial information
indicating that the requested action may
be warranted. Therefore, we are not
initiating a status review for this
species.
We have further determined that the
petition to list the U.S. population of
northwestern moose (Alces alces
andersoni) as an endangered or
threatened DPS presents substantial
scientific or commercial information
indicating that the requested action may
be warranted. Because we have found
that the petition presents substantial
information indicating that the
petitioned action may be warranted, we
are initiating a status review to
determine whether this action under the
Act is warranted. At the conclusion of
the status review, we will issue a 12month finding in accordance with
section 4(b)(3)(B) of the Act, as to
whether or not the Service believes the
petitioned action is warranted.
It is important to note that the
‘‘substantial information’’ standard for a
90-day finding differs from the Act’s
‘‘best scientific and commercial data’’
standard that applies to a status review
to determine whether a petitioned
action is warranted. A 90-day finding
does not constitute a status review
under the Act. In a 12-month finding,
we will determine whether a petitioned
action is warranted after we have
completed a thorough status review of
the species, which is conducted
following a substantial 90-day finding.
Because the Act’s standards for 90-day
and 12-month findings are different, as
described above, a substantial 90-day
finding does not mean that the 12month finding will result in a finding
that the petitioned action is warranted.
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the Act, including the factors identified
in this finding and explanation (see
Request for Information, above).
Authority
The authority for these actions is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
References Cited
A complete list of references cited is
available for each species addressed in
this document on the Internet at https://
www.regulations.gov and upon request
from the appropriate person listed
under FOR FURTHER INFORMATION
CONTACT, above.
Authors
The primary authors of this document
are the staff members of the Branch of
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Dated: May 25, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2016–13120 Filed 6–2–16; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 226
[Docket No. 150818735–6236–01]
RIN 0648–BF28
Endangered and Threatened Species;
Designation of Critical Habitat for the
Gulf of Maine, New York Bight, and
Chesapeake Bay Distinct Population
Segments of Atlantic Sturgeon
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
We, the National Marine
Fisheries Service (NMFS), propose to
designate critical habitat for the Gulf of
Maine, New York Bight, and
Chesapeake Bay Distinct Population
Segments (DPSs) of Atlantic sturgeon
(Acipenser oxyrinchus oxyrinchus). The
specific areas proposed for designation
include approximately 244 kilometers
(152 miles) of aquatic habitat in rivers
in Maine, New Hampshire, and
Massachusetts for the Gulf of Maine
DPS, approximately 547 kilometers (340
miles) of aquatic habitat in rivers in
Connecticut, Massachusetts, New York,
New Jersey, Pennsylvania, and Delaware
for the New York Bight DPS, and
approximately 729 kilometers (453
miles) of aquatic habitat in rivers in
Maryland, Virginia, and the District of
Columbia for the Chesapeake Bay DPS
of Atlantic sturgeon. We are soliciting
comments from the public on all aspects
of the proposal, including information
on the economic, national security, and
other relevant impacts of the proposed
designations, as well as the benefits to
the DPSs.
DATES: Comments on this proposed rule
must be received by September 1, 2016.
SUMMARY:
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Public hearings and public
information meetings: We will hold two
public hearings and two public
informational meetings on this proposed
rule. We will hold a public
informational meeting from 2 to 4 p.m.,
in Annapolis, Maryland on Wednesday,
July 13 (see ADDRESSES). A second
public informational meeting will be
held from 3 to 5 p.m., in Portland,
Maine on Monday, July 18 (see
ADDRESSES). We will hold two public
hearings, from 3 to 5 p.m. and 6 to 8
p.m., in Gloucester, Massachusetts on
Thursday, July 21 (see ADDRESSES).
ADDRESSES: You may submit comments,
identified by the NOAA–NMFS–2015–
0107, by either of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20150107, Click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Kimberly B. Damon-Randall,
Assistant Regional Administrator,
Protected Resources Division, NMFS,
Greater Atlantic Regional Office, 55
Great Republic Drive, Gloucester, MA
01930.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by us. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Public informational meetings and
public hearings: The July 13, 2016,
public informational meeting will be
held at the Environmental Protection
Agency, Information and Conference
Center, 410 Severn Avenue, Annapolis,
MD 21403. The July 18, 2016, public
informational meeting will be held at
the Gulf of Maine Research Institute,
Cohen Center, 350 Commercial Street,
Portland, Maine 04101. The July 21,
2016, public hearings will be held at the
NMFS, Greater Atlantic Region
Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930. People
needing reasonable accommodations in
order to attend and participate or who
have questions about the public
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]]>Agencies
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Proposed Rules]
[Pages 35698-35701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13120]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS-R3-ES-2016-0061; FWS-R2-ES-2016-0062] 4500030115
Endangered and Threatened Wildlife and Plants; 90-Day Findings on
Two Petitions
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition findings and initiation of status review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on two petitions to list or delist wildlife under the
Endangered Species Act of 1973, as amended (Act). Based on our review,
we find that one petition, which requests that we remove the golden-
cheeked warbler from the Federal List of Endangered and Threatened
Wildlife, does not present substantial scientific or commercial
information indicating that the petitioned action may be warranted, and
we are not initiating a status review in response to this petition. We
refer to this as a ``not-substantial petition finding.'' We also find
that the other petition, which requests that we list the U.S.
population of northwestern moose (Alces alces andersoni) as an
endangered or threatened distinct population segment (DPS), presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. Therefore, with the publication of
this document, we are initiating a review of the status of this
population to determine if the petitioned action is warranted. To
ensure that this status review is comprehensive, we are requesting
scientific and commercial data and other information regarding this
subspecies. Based on the status review, we will issue a 12-month
finding on the petition, which will address whether the petitioned
action is warranted, as provided in section 4(b)(3)(B) of the Act.
DATES: To allow us adequate time to conduct the status review, we
request that we receive information no later than August 2, 2016.
Information submitted electronically using the Federal eRulemaking
Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern
Time on the closing date.
ADDRESSES: Not-substantial petition finding: The not-substantial
petition finding for the golden-cheeked warbler is available on https://www.regulations.gov under the docket number FWS-R2-ES-2016-0062.
Supporting information in preparing this finding is available for
public inspection, by appointment, during normal business hours by
contacting the appropriate person, as specified under FOR FURTHER
INFORMATION CONTACT.
Status review: You may submit information on the U.S. population of
northwestern moose (Alces alces andersoni) by one of the following
methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter the docket number: FWS-
R3-ES-2016-0061. You may submit information by clicking on ``Comment
Now!'' If your information will fit in the provided comment box, please
use this feature of https://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 or hand-delivery to: Public
Comments Processing, Attn: FWS-R3-ES-2016-0061; U.S. Fish and Wildlife
Service,
[[Page 35699]]
MS: BPHC, 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 received on https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see Request for Information,
below, for more details).
FOR FURTHER INFORMATION CONTACT: For information on the golden-cheeked
warbler, contact Adam Zerrenner, adam_zerrenner@fws.gov, or 512-490-
0057. For information on the U.S. population of northwestern moose
(Alces alces andersoni), contact John JaKa, jonathan_jaka@fws.gov, 612-
713-5350.
If you use a telecommunications device for the deaf (TDD), please
call the Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Request for Information
When we make a finding that a petition presents substantial
information indicating that listing, reclassification, or delisting a
species may be warranted, we are required to promptly review the status
of the species (status review). For the status review to be complete
and based on the best available scientific and commercial data
available, we request information on these species from governmental
agencies, Native American Tribes, the scientific community, industry,
and any other interested parties. We seek information on:
(1) The biology, range, and population trends of the U.S.
population of northwestern moose (Alces alces andersoni), including:
(a) Habitat requirements;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the subspecies, its
habitat, or both.
(2) The factors that are the basis for making a listing,
reclassification, or delisting determination for a species under
section 4(a) of the Act (16 U.S.C. 1531 et seq.), which 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); or
(e) Other natural or manmade factors affecting its continued
existence (Factor E).
(3) The potential effects of climate change on this subspecies and
its habitat.
(4) Additional evidence of discreteness, with respect to the 1996
DPS Policy (61 FR 4722, February 7, 1996), regarding the status of the
U.S. population of northwestern moose (Alces alces andersoni)
satisfying one or both of the following conditions:
(a) It is markedly separated from other populations of the same
taxon as a consequence of physical, physiological, ecological, or
behavioral factors. Quantitative measures of genetic or morphological
discontinuity may provide evidence of this separation.
(b) It is delimited by international governmental boundaries within
which differences in control of exploitation, management of habitat,
conservation status, or regulatory mechanisms exist that are
significant in light of section 4(a)(1)(D) of the Act.
(5) Additional evidence of significance regarding the status of
U.S. population of northwestern moose (Alces alces andersoni)
including, but not limited to:
(a) Persistence of the discrete population segment in an ecological
setting unusual or unique for the taxon,
(b) Evidence that loss of the discrete population segment would
result in a significant gap in the range of a taxon, or
(c) Evidence that the discrete population segment differs markedly
from other populations of the species in genetic characteristics.
If, after the status review, we determine that listing is
warranted, we will propose critical habitat (see definition at section
3(5)(A) of the Act) for domestic (U.S.) species under section 4 of the
Act, to the maximum extent prudent and determinable at the time we
propose to list the species. Therefore, we also request data and
information for the U.S. population of northwestern moose (Alces alces
andersoni) on:
(6) What may constitute ``physical or biological features essential
to the conservation of the species,'' within the geographical range
occupied by the subspecies;
(7) Where these features are currently found;
(8) Whether any of these features may require special management
considerations or protection;
(9) Specific areas outside the geographical area occupied by the
subspecies that are ``essential for the conservation of the species'';
and
(10) What, if any, critical habitat you think we should propose for
designation if the subspecies is proposed for listing, such as:
(a) Why these habitats meet the requirements of section 4 of the
Act; and
(b) Any probable economic, national security, or other relevant
impacts of designating any area that may be included in the proposed
designation, and the benefits of including or excluding areas that
exhibit these impacts.
Please include sufficient information with your submission (such as
scientific journal articles or other publications, and citations to
specific pages) to allow us to verify any scientific or commercial
information you include.
Submissions merely stating support for or opposition to the actions
under consideration without providing supporting information, although
noted, will not be considered in making a determination. Section
4(b)(1)(A) of the Act directs that determinations as to whether any
species is an endangered or threatened species must be made ``solely on
the basis of the best scientific and commercial data available.''
You may submit your information concerning this status review by
one of the methods listed in ADDRESSES. If you submit information via
https://www.regulations.gov, your entire submission--including any
personal identifying information--will be posted on the Web site. If
you submit a hardcopy that includes personal identifying information,
you may request at the top of your document that we withhold this
personal identifying information from public review. However, we cannot
guarantee that we will be able to do so. We will post all hardcopy
submissions on https://www.regulations.gov.
Information and supporting documentation that we received and used
in preparing this finding will be available for you to review at https://www.regulations.gov, or you may make an appointment during normal
business hours by contacting the appropriate person listed under FOR
FURTHER INFORMATION CONTACT, above.
Background
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a petition to list, delist, or 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
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publish our notice of the finding promptly in the Federal Register.
Our standard for substantial scientific or commercial information
within the Code of Federal Regulations (CFR) with regard to a 90-day
petition finding is ``that amount of information that would lead a
reasonable person to believe that the measure proposed in the petition
may be warranted'' (50 CFR 424.14(b)). If we find that substantial
scientific or commercial information was presented, we are required to
promptly commence a review of the status of the species, which will be
subsequently summarized in our 12-month finding.
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations at 50 CFR 424 set forth the procedures for adding a species
to, or removing a species from, the Federal Lists of Endangered and
Threatened Wildlife and Plants. A species may be determined to be an
endangered or threatened species due to one or more of the five factors
described in section 4(a)(1) of the Act (see (2) under Request For
Information, above).
We may delist a species according to 50 CFR 424.11(d) if the best
available scientific and commercial data indicate that the species is
neither endangered nor threatened for one or more of the following
reasons:
(1) The species is extinct;
(2) The species has recovered and is no longer endangered or
threatened; or
(3) The original scientific or commercial data used at the time the
species was classified, or the interpretation of such data, were in
error.
In considering what factors might constitute threats, we must look
beyond the exposure of the species to a factor to evaluate whether the
species may respond to the factor in a way that causes actual impacts
to the species. If there is exposure to a factor and the species
responds negatively, the factor may be a threat. However, the
identification of factors that could affect a species negatively 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. Therefore, during the subsequent status
review, we attempt to determine how significant a threat it is. The
threat is significant if it drives, or contributes to, the risk of
extinction of the species such that the species may warrant listing as
endangered or threatened as those terms are defined in the Act. The
information presented in the petition must include evidence sufficient
to suggest that these factors may be operative threats that act on the
species to the point that the species may meet the definition of an
endangered or threatened species under the Act.
Evaluation of a Petition To Remove the Golden-Cheeked Warbler From the
List of Endangered and Threatened Wildlife
Additional information regarding our review of this petition can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-R2-ES-2016-0062 under the Supporting Documents section.
Species and Range
Golden-cheeked warbler (Dendroica chrysoparia =Setophaga
chrysoparia, hereafter warbler), a migratory songbird breeding
exclusively in Texas, and wintering in the highlands of Mexico
(Chiapas) and Central America (Guatemala, Honduras, Nicaragua, El
Salvador).
Petition History
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 the
golden-cheeked warbler be removed from the Federal List of Endangered
and Threatened Wildlife (``delisted'') due to recovery or error in
information. The petition clearly identified itself as a petition and
included the requisite identification information for the petitioner,
as required at 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, in this finding. This finding addresses the
petition.
Finding
Based on our review of the petition, sources cited in the petition,
and information in our files, we find that the petition does not
provide substantial scientific or commercial information indicating
that the petitioned action may be warranted. No new information is
presented that would suggest that the species was originally listed due
to an error in information. The golden-cheeked warbler is a
taxonomically unique species and was shown to be in danger of
extinction at the time of the listing. The golden-cheeked warbler has
not been recovered, and due to ongoing, widespread destruction of its
habitat, the species continues to be in danger of extinction throughout
its range (Service 2014, p. 15).
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 in response to this petition. Our
explanation for this finding can be found as an appendix at https://www.regulations.gov under Docket No. FWS-R2-ES-2016-0062 under the
Supporting Documents section. However, we ask that the public submit to
us any new information that becomes available concerning the status of,
or threats to, the golden-cheeked warbler or its habitat at any time
(see FOR FURTHER INFORMATION CONTACT).
Evaluation of a Petition To List the U.S. Population of Northwestern
Moose (Alces alces andersoni) as an Endangered or Threatened Distinct
Population Segment (DPS)
Additional information regarding our review of this petition can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-R3-ES-2016-0061 under the Supporting Documents section.
Species and Range
U.S. population of northwestern moose (Alces alces andersoni);
Michigan (Upper Peninsula), Minnesota, North Dakota, and Wisconsin.
Petition History
We received a petition dated July 9, 2015, from the Center for
Biological Diversity and Honor the Earth, requesting that we list the
U.S. population of northwestern moose (Alces alces andersoni) 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(a). 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 U.S. population of the northwestern moose (Alces
alces andersoni) based on factors A, C, D, and E.
Our explanation for this finding can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-R3-ES-2016-0061 under
the Supporting Documents section. Thus, for the U.S. population of
northwestern moose (Alces alces andersoni), the Service requests
information on the five listing factors under section 4(a)(1) of
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the Act, including the factors identified in this finding and
explanation (see Request for Information, above).
Conclusion
On the basis of our evaluation of the information presented under
section 4(b)(3)(A) of the Act, we have determined that the petition to
remove the golden-cheeked warbler from the List of Endangered and
Threatened Wildlife does not present substantial scientific or
commercial information indicating that the requested action may be
warranted. Therefore, we are not initiating a status review for this
species.
We have further determined that the petition to list the U.S.
population of northwestern moose (Alces alces andersoni) as an
endangered or threatened DPS presents substantial scientific or
commercial information indicating that the requested action may be
warranted. Because we have found that the petition presents substantial
information indicating that the petitioned action may be warranted, we
are initiating a status review to determine whether this action under
the Act is warranted. At the conclusion of the status review, we will
issue a 12-month finding in accordance with section 4(b)(3)(B) of the
Act, as to whether or not the Service believes the petitioned action is
warranted.
It is important to note that the ``substantial information''
standard for a 90-day finding differs from the Act's ``best scientific
and commercial data'' standard that applies to a status review to
determine whether a petitioned action is warranted. A 90-day finding
does not constitute a status review under the Act. In a 12-month
finding, we will determine whether a petitioned action is warranted
after we have completed a thorough status review of the species, which
is conducted following a substantial 90-day finding. Because the Act's
standards for 90-day and 12-month findings are different, as described
above, a substantial 90-day finding does not mean that the 12-month
finding will result in a finding that the petitioned action is
warranted.
References Cited
A complete list of references cited is available for each species
addressed in this document on the Internet at https://www.regulations.gov and upon request from the appropriate person listed
under FOR FURTHER INFORMATION CONTACT, above.
Authors
The primary authors of this document are the staff members of the
Branch of Recovery and State Grants, 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.).
Dated: May 25, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-13120 Filed 6-2-16; 8:45 am]
BILLING CODE 4333-15-P
