Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Wyoming Pocket Gopher as Threatened or Endangered With Critical Habitat, 6558-6563 [E9-2677]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Proposed Rules]
[Pages 6558-6563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2677]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R6-ES-2008-0127; MO92210-50083-B2]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition To List the Wyoming Pocket Gopher as Threatened or 
Endangered With Critical Habitat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding and initiation of status 
review.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on a petition to list the Wyoming pocket gopher 
(Thomomys clusius) as threatened or endangered under the Endangered 
Species Act of 1973, as amended (Act). We find that the petition 
presents substantial scientific or commercial information indicating 
that listing the Wyoming pocket gopher may be warranted. Therefore, 
with the publication of this notice, we are initiating a status review 
of the species to determine if listing the species is warranted. To 
ensure that the review is comprehensive, we are soliciting scientific 
and commercial data and other information regarding this species. At 
the conclusion of this review, we will issue a 12-month finding to 
determine if the petitioned action is warranted. We will make a 
determination on critical habitat for this species if, and when, we 
initiate a listing action.

DATES: The finding announced in this document was made on February 10, 
2009. To facilitate a timely 12-month finding for this petition, we 
request that we receive data, information, and comments on or before 
April 13, 2009.

ADDRESSES: You may submit information by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R6-ES-2008-0127; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222, Arlington, VA 22203.
    We will not accept e-mail or faxes. 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 the Information 
Solicited section below for more details).

FOR FURTHER INFORMATION CONTACT: Brian Kelly, Field Supervisor, Wyoming 
Ecological Services Field Office, 5353 Yellowstone Road, Cheyenne, WY 
82009; telephone 307-772-2374. If you use a telecommunications device 
for the deaf (TDD), call the Federal Information Relay Service (FIRS) 
at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Information Solicited

    When we make a finding that a petition presents substantial 
information to indicate that listing a species may be warranted, we are 
required to promptly commence a review of the status of the species. To 
ensure that the status review is complete and based on the best 
available scientific and commercial information, we are soliciting 
information on the Wyoming pocket gopher. We request information, 
comments, and suggestions from the public, other governmental agencies, 
Tribes, the scientific community, industry, or any other interested 
parties concerning the status of the Wyoming pocket gopher. We are 
seeking information regarding: (1) The species' historical and current 
status and distribution; (2) its population size and trend; (3) its 
biology and ecology; (4) its taxonomy (especially genetics of the 
species); and (5) ongoing conservation measures for the species and its 
habitat.
    We are also seeking information on the following five threat 
factors used to determine if a species, as defined under the Act, is 
threatened or endangered under section 4(a)(1) of the Act (16 U.S.C. 
1531 et seq.):
    a. The present or threatened destruction, modification, or 
curtailment of the species' habitat or range;
    b. Overutilization for commercial, recreational, scientific, or 
educational purposes;
    c. Disease or predation;
    d. The inadequacy of existing regulatory mechanisms; or

[[Page 6559]]

    e. Other natural or manmade factors affecting its continued 
existence and threats to the species or its habitat.
    If we determine that listing the Wyoming pocket gopher under the 
Act is warranted, it is our intent to propose critical habitat to the 
maximum extent prudent and determinable at the time we propose to list 
the species. Therefore, with regard to areas within the geographical 
range currently occupied by the species, we also request data and 
information on what may constitute physical or biological features 
essential to the conservation of the species, where these features are 
currently found, and whether any of these features may require special 
management considerations or protection. In addition, we request data 
and information regarding whether there are areas outside the 
geographical area occupied by the species that are essential to the 
conservation of the species. Please provide specific comments and 
information as to what, if any, critical habitat you think we should 
propose for designation if the species is proposed for listing, and why 
such habitat meets the requirements of the Act.
    We will base our 12-month finding on a review of the best 
scientific and commercial information available, including all 
information received during the public comment period. Please note that 
submissions merely stating support for or opposition to the action 
under consideration without providing supporting information, although 
noted, will not be considered in making a determination, as section 
4(b)(1)(A) of the Act directs that determinations as to whether any 
species is a threatened or endangered species shall be made ``solely on 
the basis of the best scientific and commercial data available.'' At 
the conclusion of the status review, we will issue a 12-month finding 
on the petition, as provided in section 4(b)(3)(B) of the Act.
    You may submit information by one of the methods listed in the 
ADDRESSES section. We will not consider submissions sent by e-mail or 
fax or to an address not listed in the ADDRESSES section.
    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 your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this 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 materials we receive, as well as supporting 
documentation we used in preparing this finding, will be available for 
public inspection on https://www.regulations.gov, or by appointment, 
during normal business hours, at the U.S. Fish and Wildlife Service, 
Wyoming Ecological Services Field Office (see FOR FURTHER INFORMATION 
CONTACT section).

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. We are to base this finding on 
information contained in the petition, supporting information submitted 
with the petition, and information otherwise readily available in our 
files. To the maximum extent practicable, we are to make this finding 
within 90 days of our receipt of the petition and publish our notice of 
this finding promptly in the Federal Register.
    Our standard for substantial information within the Code of Federal 
Regulations (CFR) regarding 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 the petition presented substantial information, we are 
required to promptly commence a review of the status of the species.
    We base this 90-day finding on information provided by the 
petitioner that we determined to be reliable after reviewing sources 
referenced in the petition and information available in our files. We 
evaluated that information in accordance with 50 CFR 424.14(b). Our 
process in making this 90-day finding under section 4(b)(3)(A) of the 
Act and section 424.14(b) of our regulations is limited to a 
determination of whether the information in the petition meets the 
``substantial information'' threshold.
    On August 9, 2007, we received a petition from the Biodiversity 
Conservation Alliance and Center for Native Ecosystems, dated August 7, 
2007, requesting that we list the Wyoming pocket gopher (Thomomys 
clusius), within its known historic range, as threatened or endangered 
under the Act. Additionally, the petition requested that we designate 
critical habitat concurrent with listing. The petition clearly 
identified itself as a petition and included the requisite 
identification information required at 50 CFR 424.14(a). We 
acknowledged receipt of the petition in a letter dated September 6, 
2007. In that letter we advised the petitioners that we could not 
address their petition at that time because responding to existing 
court orders and settlement agreements for other listing actions 
required nearly all of our listing funding. We also concluded in our 
September 6, 2007, letter that emergency listing of the Wyoming pocket 
gopher was not warranted. Delays in responding to the petition 
continued due to the high priority of responding to court orders and 
settlement agreements, until funding became available to respond to 
this petition.

Previous Federal Actions

    Region 2 of the U.S. Forest Service (USFS) and the Bureau of Land 
Management (BLM) in Wyoming each added the Wyoming pocket gopher to 
their sensitive species lists in 2001, and it has remained on those 
lists. Species-specific management actions, however, have not been 
developed (Keinath and Beauvais 2006, pp. 6-8).

Listable Entity Evaluation

    Under section 3(16) of the Act, we may consider for listing any 
species or subspecies of fish, wildlife, or plants, or any distinct 
population segment of vertebrate fish or wildlife which interbreeds 
when mature. Such entities are considered eligible for listing under 
the Act (and are, therefore, referred to as ``listable entities''), 
should they be determined to meet the definition of a threatened or 
endangered species. In this case, the petitioner has requested that we 
consider the Wyoming pocket gopher for listing. This entity may be 
considered for listing as a species under the Act (16 U.S.C. 1532(16)).

Species Information

    The Wyoming pocket gopher (Thomomys clusius) is a small, lighter-
colored member of the Geomyidae family, with a length of 161-184 
millimeters (mm) (6.44-7.36 inches (in)) and a weight of 44-72 grams 
(1.54-2.54 ounces (oz)) (Thaeler and Hinesley 1979, pp. 483-484). The 
species is characterized by very strong front limbs with long nails 
used for digging, small ears, small eyes, and fur-lined cheek pouches 
used to carry food. Pocket gophers are fossorial, living most of their 
lives in burrow systems and underground tunnels. Once pocket gophers 
establish territories and burrows, they may shift to other areas based 
on environmental conditions or interactions with other pocket gophers,

[[Page 6560]]

but they generally do not move to an entirely new area (Miller 1964, p. 
262; Reichman et al. 1982, pp. 687-688).
    Very little is known about the Wyoming pocket gopher, and 
assumptions about its distribution, ecology, and status are based on a 
few museum records and anecdotal reports from about 30 years ago. 
Distribution of the species is believed to be restricted to Sweetwater 
and Carbon Counties in Wyoming, with a possible occurrence in very 
northern Colorado (Keinath and Beauvais 2006, p. 11). Recent efforts to 
document gophers at several historic locations were inconclusive, 
leading to speculation about population declines and the rarity of the 
species (Keinath and Beauvais 2006, p. 12).
    The range of the Wyoming pocket gopher occurs within the range of 
the northern pocket gopher (Thomomys talpoides), but the Wyoming pocket 
gopher is not likely sympatric with other pocket gophers (Keinath and 
Beauvais 2006, p. 8). The Wyoming pocket gopher is believed to occupy 
well-drained, gravelly ridges instead of the valley bottoms and 
riparian areas with deeper soils preferred by the northern pocket 
gopher (Thaeler and Hinesley 1979, p. 486). Based on the 
characterization of the species' size and habitat, it appears to fit 
the island model of isolation displayed by other species of pocket 
gophers specifically adapted to the soils of an area (Miller 1964, pp. 
259-260). The Wyoming pocket gopher is limited in its distribution, 
which may be due to the species' habitat specialization (Keinath and 
Beauvais 2006, pp. 12-15).
    Due to morphological similarities, the Wyoming pocket gopher and 
northern pocket gopher are difficult to distinguish. Positive 
identification requires karyotype analysis (i.e., a count of the number 
of diploid chromosomes). The Wyoming pocket gopher has a karyotype of 
46 chromosomes, and the northern pocket gopher has a karyotype of 48 or 
56, depending on the subspecies (Thaeler and Hinesley 1979, p. 483).
    Based on the life histories of other pocket gophers, Wyoming pocket 
gophers likely do not live more than two breeding seasons, reproduce 
the calendar year following birth, and have one litter with 4 to 6 
young per year (Keinath and Beauvais 2006, p. 18). The species' diet is 
likely primarily the roots, stems, and leaves of forbs, with some 
consumption of grasses and shrubs (Aldous 1951, pp. 85-86; Ward and 
Keith 1962, p. 747). Pocket gophers may cut their food into small 
pieces and carry it in their cheek pouches back to the burrow where it 
is consumed, stored for winter, used for nest building, or taken into 
runways and later pushed to the surface (Aldous 1951, p. 84; Verts and 
Carraway 1999, p. 6).
    In general, the extensive tunneling activity of pocket gophers can 
affect soil formation, hydrology, nutrient flows, and the competitive 
interactions of plants. These effects can be important to ecosystem 
function, but also create undesirable interactions with human 
activities that lead to extermination efforts.

Factors Affecting the Species

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations (50 CFR 424) set forth the procedures for adding species to 
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: (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
disease or predation; (D) inadequacy of existing regulatory mechanisms; 
or (E) other natural or manmade factors affecting its continued 
existence. In making this finding, we evaluated whether information on 
threats to the Wyoming pocket gopher presented in the petition and 
available in our files at the time of the petition review constitute 
substantial scientific or commercial information such that listing the 
species may be warranted. Our evaluation of this information is 
discussed below. Unless clearly stated that the information is from our 
files, all threats described below and their effects on the Wyoming 
pocket gopher are as described in the petition.

A. Present or Threatened Destruction, Modification, or Curtailment of 
Its Habitat or Range

Information Provided in the Petition
    The petitioners state that alteration of the species' habitat for 
oil and gas development is the primary threat to the species. They note 
that the species is particularly vulnerable to habitat loss because of 
its limited range and distribution. Oil and gas exploration and 
development increases road densities, which may fragment the species' 
habitat, create barriers to movement of the species, and isolate 
individual populations. The petitioners describe the soil disturbances 
that accompany oil and gas development, noting direct impacts to 
habitat that may lead to introduction of noxious weeds. They note that 
noxious weeds have been found to reduce population density of other 
fossorial mammals. The petitioners claim that herbicide use will 
accompany development and will affect the availability of forbs, which 
are a source of food and habitat for the species. They cite studies 
linking use of herbicides with negative impacts to other species of 
pocket gophers. The petitioners state that soil moisture may be altered 
during the course of development.
Analysis of Information Provided in the Petition and Information 
Readily Available
    The majority of lands within the Wyoming pocket gopher's range have 
at least a moderate potential for energy development (BLM 2005, map). 
Additionally, most of the Federal lands within the species' range are 
already leased for oil and gas development (BLM 2008, map). This 
situation, and the high level of interest in increased extraction of 
energy resources described by the petitioners, indicate that the 
likelihood of oil and gas development throughout the species' range is 
high.
    Energy exploration and development can cause various changes to a 
landscape that can impact Wyoming pocket gophers. Oil and gas 
geophysical exploration is conducted to generate a subsurface image of 
fluid minerals and usually involves either drilling holes and 
detonating explosives or using a vibrating pad that is driven across an 
area using heavy vehicles. The extent of impacts from either 
exploration method on pocket gophers is unknown, but the vibrations and 
potential soil impacts would, at a minimum, disturb habitat and pocket 
gophers in the immediate vicinity of operations. Oil and gas 
development involves staging a drilling rig and setting up additional 
equipment that is used during production. Generally, developers build 
roads to access each site and clear and level well pads. Expansion of 
road networks and placement of well pads may fragment the species' 
habitat as described by the petitioners and in their cited literature. 
Similarly, soil disturbance occurs in oil and gas fields and would 
impact the habitat that lies within the footprint of well pads and 
roads, and the habitat in areas disturbed during the development of 
that infrastructure. Any soil that is moved may have a direct impact on 
pocket gophers that are present. Once a rig is in place, the drilling 
process creates vibrations that may impact habitat and any pocket 
gophers in the area. Once a well has been drilled and is producing, 
energy companies make regular trips to well pads to monitor

[[Page 6561]]

production, conduct maintenance, or collect extracted resources. These 
regular trips may disturb pocket gophers that are present at or near 
well pad and roads. Energy producers often try to maintain a clear work 
area by using herbicides on well pads and along roads. Herbicide use 
and the direct impacts of development would reduce the availability and 
quality of forbs, creating negative impacts to Wyoming pocket gopher 
habitat. Wyoming pocket gopher habitat requirements are not fully 
understood, but the species is likely susceptible to habitat 
disturbance due to its restricted distribution and potentially limited 
dispersal capabilities (Keinath and Beauvais 2006, pp. 21-23).
    Introduction and spread of noxious weeds may result from energy 
development activities and negatively impact Wyoming pocket gophers, 
and have been shown to limit populations of other burrowing herbivores 
(Keinath and Beauvais 2006, p. 23). However, noxious weeds are not 
currently thought to be a threat to Wyoming pocket gophers (Keinath and 
Beauvais 2006, p. 23). Assertions made in the petition regarding 
negative habitat impacts resulting from alterations to soil moisture 
are also not supported by information in the petition or our files.
    Based on our evaluation of the information presented in the 
petition and readily available in our files regarding the expanding 
energy development within the range of the Wyoming pocket gopher, 
combined with the limited range of the species and its unknown 
population status, distribution, and trends, we find that, although 
information about the species and its habitat is limited, the petition 
presents substantial information indicating that listing the species 
may be warranted due to oil and gas exploration and development. Oil 
and gas developments could fragment habitat, directly impact soil and 
vegetation in the footprint of development sites, and cause negative 
impacts that are not understood at this time, such as creation of 
ground vibrations and increased noxious weeds. We will assess these 
factors more thoroughly during a status assessment in order to quantify 
and verify, if possible, potential effects from energy development on 
the Wyoming pocket gopher.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

Information Provided in the Petition
    The petitioners state that Wyoming pocket gopher overutilization 
occurs due to commercial and residential development, agriculture, and 
recreation. The petitioners provide general information about lethal 
control of other species of pocket gopher that often accompanies 
development. They claim that the planned development within the range 
of the species is likely to lead to similar targeted efforts.
    The petitioners describe several options for lethal control of 
pocket gophers that could be used on farmlands and ranchlands where 
Wyoming pocket gophers occur. They indicate that the difficulty in 
distinguishing between species of pocket gophers could result in 
accidental poisoning of Wyoming pocket gophers. The petitioners cite 
literature describing the high mortality rates that occur in pocket 
gopher populations targeted by lethal control measures. The petitioners 
describe recreational facilities in Colorado that may have resulted in 
the death of individual pocket gophers.
Analysis of Information Provided in the Petition and Information 
Readily Available
    The petitioners provide general information about lethal control of 
pocket gophers associated with development, farmlands, and ranchlands, 
but do not provide any specific information correlated with current 
overutilization rates. Additionally, the petitioners do not describe 
any plans for lethal control of any pocket gophers within the Wyoming 
pocket gopher's range, or what amount of lethal control would 
constitute overutilization. The petitioners do not detail impacts to 
the Wyoming pocket gopher resulting from recreational activities, and 
present no clear connection between recreational facilities and 
overutilization of the species. No information available in our files 
or the cited literature supports the petitioners' concerns regarding 
overuse of this species that limits its ability to persist.
    On the basis of our evaluation of the information presented in the 
petition, and in our files, we determined that the petition does not 
present substantial information indicating that listing the Wyoming 
pocket gopher may be warranted due to overutilization for commercial, 
recreation, scientific, or educational purposes.

C. Disease or Predation

Information Provided in the Petition
    The petitioners cite information from Keinath and Beauvais (2006, 
pp. 20-21) that parasites and disease have not been shown to limit 
pocket gopher populations, but the petitioners raise the possibility of 
disease and predation creating a significant threat to the Wyoming 
pocket gopher. The petitioners recommend erring on the side of caution 
in conserving the Wyoming pocket gopher since the role of disease and 
predation is uncertain. The petitioners describe situations of 
physiological stress caused by habitat alteration that lead to 
vulnerability to parasites and disease. The petitioners cite literature 
describing several parasites associated with pocket gophers and suggest 
parasites could significantly limit distribution and abundance of the 
Wyoming pocket gopher. The petitioners also describe the increased 
opportunities for predators to target pocket gophers as development 
occurs.
Analysis of Information Provided in the Petition and Information 
Readily Available
    The petitioners' rationale describing threats to the Wyoming pocket 
gopher from disease and predation are not supported by literature or 
data. Keinath and Beauvais (2006, pp. 20-21) conclude that disease and 
predation are not likely to play a significant role in pocket gopher 
persistence, and their report, which was heavily relied on by the 
petitioners, is an updated synthesis of Wyoming pocket gopher 
information. The Wyoming pocket gopher and any associated parasites and 
predators have presumably coexisted for long periods of time. Although 
additional physiological stress caused by habitat alteration may lead 
to increased vulnerability to parasites and disease, the petitioners 
provided no information to verify or quantify this premise. Habitat 
alteration that increases opportunities for predation may have 
occurred, but no data were provided to describe this situation for the 
Wyoming pocket gopher. The scenarios described in the petition, 
regarding increased vulnerability to disease and predation, are 
presented as indirect effects resulting from habitat alteration, which 
is addressed in Factor A above.
    On the basis of our evaluation of the information presented in the 
petition, we determined that the petition does not present substantial 
information indicating that listing the Wyoming pocket gopher may be 
warranted due to disease or predation.

D. Inadequacy of Existing Regulatory Mechanisms

Information Provided in the Petition
    The petition describes actions taken by the Service, USFS, BLM, 
Wyoming Game and Fish Department (WGFD),

[[Page 6562]]

and Wyoming Natural Diversity Database (WYNDD) to classify the Wyoming 
pocket gopher's status and to identify and pursue conservation needs. 
The Service provides no special status to the Wyoming pocket gopher. 
The USFS and BLM both include the Wyoming pocket gopher on their 
sensitive species lists, and provide general management approaches for 
conservation. The WGFD includes the Wyoming pocket gopher on its list 
of Species of Greatest Conservation Need. WYNDD identifies the Wyoming 
pocket gopher as a G2/S2 species, meaning the species has a relatively 
high probability of global and Statewide extinction. Neither of the 
WYNDD designations provides regulatory authority for species 
conservation.
    The petitioners indicate that management practices outlined by the 
USFS, BLM, and WGFD are sufficient to achieve conservation of the 
Wyoming pocket gopher if they are followed, and if additional 
information is collected and applied. However, the petitioners state 
that the agencies have made no efforts to collect basic information 
about the biology and ecology of the Wyoming pocket gopher, even though 
a significant conservation need exists. The petitioners indicate that 
the BLM included no reference to the Wyoming pocket gopher in its 2006 
Final Environmental Impact Statement (FEIS) for the Atlantic Rim 
coalbed natural gas project.
Analysis of Information Provided in the Petition and Information 
Readily Available
    The USFS, BLM, and WGFD have created general requirements for 
species conservation that can apply to the Wyoming pocket gopher. We 
agree that additional information could bolster conservation of the 
species, but lack of information does not necessarily indicate that 
regulatory mechanisms are inadequate. We agree that conservation 
approaches are only effective if they are implemented. The petitioners 
cite the absence of the Wyoming pocket gopher in the analysis in the 
2006 Atlantic Rim FEIS as an example of the BLM's failure to follow its 
requirements for sensitive species management. However, based on our 
review of the FEIS, the BLM included a short analysis of the Wyoming 
pocket gopher (BLM 2006, p. 4-89). The petition did not present other 
information indicating that the conservation approaches described in 
the FEIS and other documents produced by the BLM and USFS are not being 
implemented.
    We found no documentation to support the petitioners' suggestion 
that agencies are ignoring sensitive species management to the degree 
that regulatory mechanisms are inadequate for the Wyoming pocket 
gopher. On the basis of our evaluation of the information presented in 
the petition and readily available, we determined that the petition 
does not present substantial information indicating that listing the 
Wyoming pocket gopher may be warranted due to inadequacy of existing 
regulatory mechanisms. However, we will assess this factor more 
thoroughly during our status review of the species.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Information Provided in the Petition
    The petitioners state that other natural and manmade threats to the 
species include: (1) Vulnerability of small populations; (2) climate 
change; (3) stress; and (4) continued oil and gas development.
Vulnerability of Small Populations
    The petitioners describe the threats to the Wyoming pocket gopher 
that result from it being a narrow endemic species. They describe 
stochastic events that could harm populations to a degree that recovery 
may not be possible. Demographic events that result in an unbalanced 
sex ratio can lead to reduced population sizes. Weather, disease, or 
increases in predation can cause significant portions of a population 
to be negatively affected. Genetic stochasticity, the variable 
recombination of genes of the species, and inbreeding from a population 
that is too small can lead to loss of fitness. The petitioners note 
that these events work in combination with each other, and pose a 
particular risk to small populations.
Analysis of Information Provided in the Petition and Information 
Readily Available
    We recognize the risks that stochastic events may present to small 
populations. Available data indicate the Wyoming pocket gopher has a 
limited distribution, which may exacerbate the species' vulnerability 
to these events. A definitive population size is not available, but 
information about the Wyoming pocket gopher indicates that the 
population size may be small enough that stochastic events could 
negatively affect the long-term conservation of the species. However, 
the Wyoming pocket gopher has evidently persisted for some period of 
time and may never have had a large population size. Although the small 
population size of the species may make it vulnerable, insufficient 
support for this conclusion is available, and very little information 
was provided in the petition about how the Wyoming pocket gopher or 
other pocket gopher species are impacted by stochastic events. Based on 
the information presented in the petition, we find that the petition 
does not present substantial information indicating that listing the 
Wyoming pocket gopher may be warranted due to vulnerability resulting 
from its small population size.
Climate Change
Information Provided in the Petition
    The petitioners describe the potential impacts of climate change on 
the Wyoming pocket gopher, noting that other species of pocket gopher 
are more abundant during wetter years. The petitioners also note that, 
in addition to lack of precipitation, other types of climate 
variability, such as harsh winters, atypical duration of seasons, and 
excessively wet periods, can affect distribution and mortality of 
pocket gophers.
Analysis of Information Provided in the Petition and Information 
Readily Available
    The petitioners describe general population responses of pocket 
gophers to natural climate variability, but the Wyoming pocket gopher 
is adapted to the natural climate variability that occurs within its 
range. For example, drought has been documented periodically within the 
range of the Wyoming pocket gopher, and may negatively affect the 
species; however, the species has continued to exist despite periods of 
natural drought.
    The petitioners did not present specific information about how 
global climate change has affected or is likely to affect the Wyoming 
pocket gopher in a way that differs from past climate variability. 
Although warming of the climate globally is considered unequivocal 
(USGS 2008, p. 1), predicting local climate trends and determining how 
those trends will affect certain species is uncertain. Without 
additional information, the effect of long-term climate change on the 
Wyoming pocket gopher is unclear and could result in either a net 
positive or negative effect on the species. Based on our evaluation of 
information in the petition and in our files, we determined that the 
petition does not present substantial information indicating that 
listing the Wyoming pocket gopher may be warranted due to climate 
change.

[[Page 6563]]

Stress

Information Provided in the Petition
    The petitioners provide information linking various habitat changes 
with increased stress levels for the Wyoming pocket gopher. They 
briefly describe the types of effects that stress from various sources 
may have on a species.
Analysis of Information Provided in the Petition and Information 
Readily Available
    Stress may increase due to habitat changes that are addressed in 
Factor A above. Other sources of stress are not described in the 
petition to an extent that allows us to discern whether the 
conservation status of the Wyoming pocket gopher is affected by stress 
levels. Based on the information provided in the petition, we 
determined that the petition does not present substantial information 
indicating that listing the Wyoming pocket gopher may be warranted due 
to stress.
Continued Oil and Gas Development
Information Provided in the Petition
    The petitioners describe the level of energy development that has 
occurred in various parts of Wyoming and some of the ecological 
consequences of that development. They note that the entire range of 
the Wyoming pocket gopher is leased for oil and gas development.
Analysis of Information Provided in the Petition and Information 
Readily Available
    We addressed the impacts of oil and gas development in Factor A 
above, and did not find a description of any additional impacts in the 
petition under Factor E.
Summary of Factor E
    We found no documentation to support the petitioners' suggestion 
that effects from small populations, climate change, increased stress, 
or oil and gas leasing (in itself) are significant to the degree that 
other natural or manmade factors are affecting the continued existence 
of the Wyoming pocket gopher. On the basis of our evaluation of the 
information presented in the petition and readily available, we 
determined that the petition does not present substantial information 
indicating that listing the Wyoming pocket gopher may be warranted due 
to other natural or manmade factors. However, we will assess the issues 
raised by the petitioners more thoroughly during our status review of 
the species.

Finding

    We reviewed the petition, supporting information provided by the 
petitioners, and information in our files, and evaluated that 
information to determine whether the sources cited support the claims 
made in the petition. We find the petitioners presented substantial 
information under Factor A indicating that listing the Wyoming pocket 
gopher as threatened or endangered under the Act may be warranted due 
to habitat threats resulting from oil and gas exploration and 
development, particularly given the limited range and uncertain status 
of the species. Based on the amount of Federal land leased for energy 
development and general interest in energy extraction, the likelihood 
for energy development throughout the species' range is high. Although 
not supported with sufficient information, the petitioners also 
presented information about the susceptibility of the species to 
stochastic events due to its small population size and limited 
distribution (see Factor E). In our 12-month finding, we will further 
investigate and analyze this potential vulnerability. The petitioners' 
claim that regulatory mechanisms are inadequate for the Wyoming pocket 
gopher is not supported with sufficient information, but we will also 
assess this factor more thoroughly during our status review of the 
species.
    Based on this review and evaluation, we find that the petition 
presents substantial scientific or commercial information indicating 
that listing the Wyoming pocket gopher may be warranted. Therefore, we 
are initiating a status review to determine whether listing the Wyoming 
pocket gopher under the Act is warranted. As part of our status review 
of the Wyoming pocket gopher, we will examine available information on 
the threats to the species and make a final determination on whether 
the species is warranted for listing as threatened or endangered under 
the Act. To ensure that the status review is comprehensive, we are 
soliciting scientific and commercial information regarding the Wyoming 
pocket gopher (as described above under the Information Solicited 
section).
    The ``substantial information'' standard for a 90-day finding is in 
contrast to the Act's ``best scientific and commercial data'' standard 
that applies to a 12-month finding as to whether a petitioned action is 
warranted. A 90-day finding is not a status assessment of the species 
and does not constitute a status review under the Act. Our final 
determination as to whether a petitioned action is warranted is not 
made until we have completed a thorough status review of the species, 
which is conducted following a positive 90-day finding. Because the 
Act's standards for 90-day and 12-month findings are different, as 
described above, a positive 90-day finding does not mean that the 12-
month finding also will be positive.
    The petitioners requested that critical habitat be designated for 
this species. If we determine in our 12-month finding that listing the 
Wyoming pocket gopher is warranted, we will address the designation of 
critical habitat to the maximum extent prudent and determinable at the 
time of the proposed rulemaking.

References Cited

    A complete list of all references cited in this document is 
available upon request from the Wyoming Ecological Services Field 
Office (see FOR FURTHER INFORMATION CONTACT section).

Author

    The primary authors of this document are staff members of the 
Wyoming Ecological Services Field Office (see FOR FURTHER INFORMATION 
CONTACT section).

    Authority: The authority for this action is section 4 of the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: February 2, 2009.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife Service.
 [FR Doc. E9-2677 Filed 2-9-09; 8:45 am]
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