Endangered and Threatened Wildlife and Plants; 90-Day Findings on Five Petitions, 3559-3562 [2014-01184]
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[FR Doc. 2014–01175 Filed 1–21–14; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2013–0121; FWS–
HQ–ES–2013–0122; FWS–HQ–ES–2013–
0123; FWS–HQ–ES–2013–0124; FWS–HQ–
ES–2013–0125: 450 003 0115]
Endangered and Threatened Wildlife
and Plants; 90-Day Findings on Five
Petitions
Fish and Wildlife Service,
Interior.
ACTION: Notice of petition findings and
initiation of status reviews.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce 90day findings on five petitions to list 19
species as endangered or threatened,
under the Endangered Species Act of
1973, as amended (Act). Based on our
review, we find that these petitions
present substantial scientific or
commercial information indicating that
the petitioned actions may be
warranted. Therefore, with the
publication of this notice, we are
initiating a review of the status of these
species to determine if the petitioned
actions are warranted. In order to assure
that the best scientific and commercial
data informs the status review and, if
warranted, the subsequent listing
determinations, and to provide an
opportunity for all interested parties to
provide information for consideration
for the status assessment, we are
requesting information regarding these
species (see Request for Information
below). Based on the status reviews, we
will issue 12-month findings on the
petitions, 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 these status reviews, we request
that we receive information no later
than March 24, 2014. 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: You may submit
information by one of the following
methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
SUMMARY:
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www.regulations.gov. In the Search box,
enter the appropriate docket number
(see table, below). 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: [Insert appropriate
docket number; see table, below];
Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203.
We request that you send information
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Request
for Information).
Species
15 foreign bats
Emperor penguin.
Flores hawkeagle.
Ridgway’s hawk
Virgin Islands
´
coquı.
Docket No.
FWS–HQ–ES–2013–0121
FWS–HQ–ES–2013–0122
FWS–HQ–ES–2013–0123
FWS–HQ–ES–2013–0124
FWS–HQ–ES–2013–0125
FOR FURTHER INFORMATION CONTACT:
Janine Van Norman, Chief, Branch of
Foreign Species, Ecological Services
Program, U.S. Fish and Wildlife Service,
4401 N. Fairfax Drive, Room 420,
Arlington, VA 22203; telephone 703–
358–2171; facsimile 703–358–1735. 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 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 information, we request
information on these species from
governmental agencies, Native
American tribes, the scientific
community, industry, and any other
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interested parties. We seek information
on:
(1) The species’ biology, range, and
population trends, 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 species, its habitat, or
both.
(2) The factors that are the basis for
making a listing determination for a
species under section 4(a)(1) 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 these species or their
habitats.
(4) We also seek the following
species-specific information:
(a) For the Armenian whiskered bat
(Myotis hajastanicus),
• Population surveys;
• Habitat requirements;
• Quality of forested habitat
surrounding Lake Sevon, Armenia; and
• Information on current restoration
efforts on and around Lake Sevon,
Armenia.
(b) For the Flores hawk-eagle
(Spizaetus floris),
• Information on habitat loss,
including the impact of illegal logging
and urban expansion on habitat, and the
˜
impact of El Nino forest fires from
1997–1998 on monsoon forest habitat in
Lesser Sundas Islands (Nusa Tenggara);
and
• Information on intentional killing of
the species, particularly statistics on
international trade in Flores hawkeagles.
Please include sufficient information
with your submission (such as scientific
journal articles or other publications) 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 these status reviews by one
of the methods 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 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 at the appropriate lead U.S. Fish
and Wildlife Service Office (see FOR
FURTHER INFORMATION CONTACT).
Background
Section 4(b)(3)(A) of the Act requires
that we make a finding on whether a
petition to list a species presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted. We
are to base this finding on information
provided in the petition and supporting
information submitted with the petition.
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 the finding 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 commence a review
of the status of the species, which will
be subsequently summarized in our 12month finding.
Section 4 of the Act (16 U.S.C. 1533)
and its implementing regulations at 50
CFR part 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 Request for
Information).
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 and, during the 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. However, the
identification of factors that could
impact a species negatively may not be
sufficient to compel a finding that the
information in the petition and our files
is substantial. The information 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 endangered or threatened
under the Act.
Review of Petition To List 15 Bat
Species as Endangered or Threatened
Under the Act
Additional information regarding our
review of this petition can be found at
https://www.regulations.gov under
Docket No. FWS–HQ–ES–2013–0121 in
the document labeled Appendices for 15
Foreign Bats.
Species and Range
Common name(s)
Scientific name
Armenian myotis, Armenian whiskered bat ...............................
Aru flying fox ..............................................................................
Bonin flying fox ...........................................................................
Christmas Island pipistrelle ........................................................
Cuban greater funnel-eared bat .................................................
Greater monkey-faced bat .........................................................
Myotis hajastanicus .........................
Pteropus aruensis ...........................
Pteropus pselaphon ........................
Pipistrellus murrayi ..........................
Natalus primus ................................
Pteralopex flanneryi ........................
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Range
Armenia.
Aru Islands, Indonesia.
Japan.
Christmas Island, Australia.
Cuba.
Papua New Guinea.
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Common name(s)
Scientific name
Hill’s horseshoe bat ....................................................................
Jamaican greater funnel-eared bat ............................................
Lamotte’s roundleaf bat ..............................................................
Lord Howe long-eared bat .........................................................
Montane monkey-faced bat ........................................................
Negros naked-backed fruit bat, Philippine bare-backed fruit bat
New Caledonia long-eared bat ..................................................
New Zealand greater short-tailed bat ........................................
Paraguayan mustached bat .......................................................
Rhinolophus hilli ..............................
Natalus jamaicensis ........................
Hipposideros lamottei ......................
Nyctophilus howensis ......................
Pteralopex pulchra ..........................
Dobsonia chapmani ........................
Nyctophilus nebulosus ....................
Mystacina robusta ...........................
Pteronotus paraguanensis ..............
Petition History
On October 25, 2010, we received a
petition dated October 25, 2010, from
WildEarth Guardians, requesting that 15
species of bats be listed as endangered
or threatened 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.
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Finding
Based on information provided in the
petition, in the sources cited in the
petition, and available in our files, we
find that the petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
all 15 species under section 4(a)(1) of
the Act:
• Armenian myotis based on factors D
and E (see Appendix A);
• Aru flying fox based on factor E (see
Appendix B);
• Bonin flying fox based on factor E
(see Appendix C);
• Christmas Island pipistrelle based
on factors A, C, D, and E (see Appendix
D);
• Cuban greater funnel-eared bat
based on factors A and E (see Appendix
E);
• Greater monkey-faced bat based on
factors A and D (see Appendix F);
• Hill’s horseshoe bat based on factor
A and D (see Appendix G);
• Jamaican greater funnel-eared bat
based on factors A, D, and E (see
Appendix H);
• Lamotte’s roundleaf bat based on
factors A, D, and E (see Appendix I);
• Lord Howe long-eared bat based on
factor E (see Appendix J);
• Montane monkey-faced bat based
on factors A, D, and E (see Appendix K);
• Negros naked-backed fruit bat/
Philippine bare-backed fruit bat based
on factors A, B, D, and E (see Appendix
L);
• New Caledonia long-eared bat based
on factors A and E (see Appendix M);
• New Zealand greater short-tailed
bat based on factors C and E (see
Appendix N); and
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• Paraguayan mustached bat based on
factors A, D, and E (see Appendix O).
Thus, for each of these species, the
Service requests information on the five
listing factors under section 4(a)(1) of
the Act, including the factors identified
in this finding (See REQUEST FOR
INFORMATION).
Review of Petition To List the Emperor
Penguin as Endangered or Threatened
Under the Endangered Species Act
Additional information regarding our
review of this petition can be found at
https://www.regulations.gov under
Docket No. FWS–HQ–ES–2013–0122 in
the document labeled Appendix for the
Emperor Penguin.
Species and Range
This petition concerns the emperor
penguin (Aptenodytes forsteri), with a
range in Antarctica.
Petition History
On December 5, 2011, we received a
petition dated November 28, 2011, from
Center for Biological Diversity
requesting that the emperor penguin be
listed as endangered or threatened
under the Act. The petition clearly
identified itself as such and included
the requisite identification information
for the petitioner, as required by 50 CFR
424.14(a). This finding addresses this
petition.
Finding
Based on our review of the
information provided in the petition, in
the sources cited in the petition, and
available in our files, we find that the
petition presents substantial scientific
or commercial information indicating
that the petitioned action may be
warranted for the emperor penguin
based on factors A, D, and E.
Thus, for the emperor penguin, the
Service requests information on the five
listing factors under section 4(a)(1) of
the Act, including the factors identified
in this finding (See REQUEST FOR
INFORMATION).
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Range
Rwanda.
Jamaica.
ˆ
Guinea, Liberia, and Cote d’Ivoire.
Australia.
Solomon Island.
Philippines.
New Caledonia.
New Zealand.
Venezuela.
Review of Petition To List the Flores
Hawk-Eagle as Endangered or
Threatened Under the Endangered
Species Act
Additional information regarding our
review of this petition can be found at
https://www.regulations.gov under
Docket No. FWS–HQ–ES–2013–0123 in
the document labeled Appendix for the
Flores Hawk-eagle.
Species and Range
This petition concerns the Flores
hawk-eagle (Spizaetus floris), with a
range in Indonesia.
Petition History
On October 6, 2011, we received a
petition, dated September 30, 2011,
from WildEarth Guardians requesting
that the Flores hawk-eagle be listed as
endangered or threatened under the Act.
The petition clearly identified itself as
such and included the requisite
identification information for the
petitioner, as required by 50 CFR
424.14(a). In a December 20, 2011, letter
to the petitioner, we responded that we
reviewed the information presented in
the petition and did not find that the
petition warranted an emergency listing.
This finding addresses the petition.
Finding
Based on our review of the
information provided in the petition, in
the sources cited in the petition, and
readily available in our files, we find
that the petition presents substantial
scientific or commercial information
indicating that the petitioned action
may be warranted for the Flores hawkeagle based on factors A, B, D, and E.
Thus, for the Flores hawk-eagle, the
Service requests information on the five
listing factors under section 4(a)(1) of
the Act, including the factors identified
in this finding (See REQUEST FOR
INFORMATION).
Review of Petition To List Ridgway’s
Hawk as Endangered or Threatened
Under the Endangered Species Act
Additional information regarding our
review of this petition can be found at
https://www.regulations.gov under
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Docket No. FWS–HQ–ES–2013–0124 in
the document labeled Appendix for
Ridgway’s Hawk.
Species and Range
This petition concerns the Ridgway’s
hawk (Buteo ridgwayi), with a range in
the Dominican Republic.
Petition History
On October 6, 2011, we received a
petition dated September 28, 2011, from
WildEarth Guardians requesting that
Ridgway’s hawk be listed as endangered
or threatened under the Act. The
petition clearly identified itself as such
and included the requisite identification
information for the petitioner, as
required by 50 CFR 424.14(a). In a
December 20, 2011, letter to the
petitioner, we responded that we were
currently required to complete a
significant number of listing and critical
habitat actions by the end of Fiscal Year
2016 pursuant to court orders, judicially
approved settlement agreements, and
other statutory deadlines, and we may
conduct a review of the petition prior to
Fiscal Year 2016 should budget and
workload permit. This finding addresses
the petition.
Finding
Based on our review of the
information provided in the petition, in
the sources cited in the petition, and
readily available in our files, we find
that the petition presents substantial
scientific or commercial information
indicating that the petitioned action
may be warranted for the Ridgway’s
hawk based on factors A, D, and E.
Thus, for the Ridgeway’s hawk, the
Service requests information on the five
listing factors under section 4(a)(1) of
the Act, including the factors identified
in this finding (See REQUEST FOR
INFORMATION).
Review of Petition To List the Virgin
´
Islands Coquı as Endangered or
Threatened Under the Endangered
Species Act
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Species and Range
This petition concerns the Virgin
´
Islands coquı (Eleutherodactylus
schwartzi), with a range in the British
Virgin Islands.
Petition History
On October 6, 2011, we received a
petition dated September 28, 2011, from
WildEarth Guardians requesting that the
´
Virgin Islands coquı be listed as
endangered or threatened under the Act.
The petitioner also requested
designation of critical habitat in the U.S.
Virgin Islands. The petition clearly
identified itself as such and included
the requisite identification information
for the petitioner, as required by 50 CFR
424.14(a). In a December 20, 2011, letter
to the petitioner, we responded that we
were currently required to complete a
significant number of listing and critical
habitat actions by the end of Fiscal Year
2016 pursuant to court orders, judicially
approved settlement agreements, and
other statutory deadlines, and we may
conduct a review of the petition prior to
Fiscal Year 2016 should budget and
workload permit. This finding addresses
the petition.
Finding
Based on our review of the
information provided in the petition, in
the sources cited in the petition, and
readily available in our files, we find
that the petition presents substantial
scientific or commercial information
indicating that the petitioned action
may be warranted for the Virgin Islands
´
coquı based on factors A, C, and D.
´
Thus, for the Virgin Island coquı, the
Service requests information on the five
listing factors under section 4(a)(1) of
the Act, including the factors identified
in this finding (See REQUEST FOR
INFORMATION).
Conclusion
Additional information regarding our
review of this petition can be found at
https://www.regulations.gov under
Docket No. FWS–HQ–ES–2013–0125 in
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the document labeled Appendix for the
´
Virgin Island Coquı.
On the basis of our evaluation of the
information presented under section
4(b)(3)(A) of the Act, we have
determined that the petitions
summarized above present substantial
scientific or commercial information
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indicating that the requested actions
may be warranted and are initiating
status reviews to determine whether
these actions under the Act are
warranted. At the conclusion of the
status reviews, we will issue 12-month
findings in accordance with section
4(b)(3)(B) of the Act, as to whether or
not listing 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 review of the
species. 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 warranted finding.
References Cited
On https://www.regulations.gov, the
docket for each species or group of
species (see table under ADDRESSES)
contains the relevant appendix or
appendices mentioned above. Each
appendix contains a complete list of
references cited. Each appendix is also
available upon request from the Branch
of Foreign Species (see FOR FURTHER
INFORMATION CONTACT).
Authors
The primary authors of this notice are
the staff members of the Branch of
Foreign Species, Ecological Services
Program, U.S. Fish and Wildlife Service
(see FOR FURTHER INFORMATION CONTACT).
Authority
The authority for these actions is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: January 8, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2014–01184 Filed 1–21–14; 8:45 am]
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[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Proposed Rules]
[Pages 3559-3562]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01184]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2013-0121; FWS-HQ-ES-2013-0122; FWS-HQ-ES-2013-
0123; FWS-HQ-ES-2013-0124; FWS-HQ-ES-2013-0125: 450 003 0115]
Endangered and Threatened Wildlife and Plants; 90-Day Findings on
Five Petitions
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition findings and initiation of status reviews.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on five petitions to list 19 species as endangered or
threatened, under the Endangered Species Act of 1973, as amended (Act).
Based on our review, we find that these petitions present substantial
scientific or commercial information indicating that the petitioned
actions may be warranted. Therefore, with the publication of this
notice, we are initiating a review of the status of these species to
determine if the petitioned actions are warranted. In order to assure
that the best scientific and commercial data informs the status review
and, if warranted, the subsequent listing determinations, and to
provide an opportunity for all interested parties to provide
information for consideration for the status assessment, we are
requesting information regarding these species (see Request for
Information below). Based on the status reviews, we will issue 12-month
findings on the petitions, 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 these status reviews, we
request that we receive information no later than March 24, 2014.
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: You may submit information by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter the appropriate docket
number (see table, below). 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: [Insert appropriate docket number; see
table, below]; Division of Policy and Directives Management; U.S. Fish
and Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA
22203.
We request that you send information only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Request for Information).
------------------------------------------------------------------------
Species Docket No.
------------------------------------------------------------------------
15 foreign bats.................. FWS-HQ-ES-2013-0121
Emperor penguin.................. FWS-HQ-ES-2013-0122
Flores hawk-eagle................ FWS-HQ-ES-2013-0123
Ridgway's hawk................... FWS-HQ-ES-2013-0124
Virgin Islands coqu[iacute]...... FWS-HQ-ES-2013-0125
------------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of
Foreign Species, Ecological Services Program, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203;
telephone 703-358-2171; facsimile 703-358-1735. 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 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 information, we request information on these
species from governmental agencies, Native American tribes, the
scientific community, industry, and any other
[[Page 3560]]
interested parties. We seek information on:
(1) The species' biology, range, and population trends, 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 species, its
habitat, or both.
(2) The factors that are the basis for making a listing
determination for a species under section 4(a)(1) 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 these species or
their habitats.
(4) We also seek the following species-specific information:
(a) For the Armenian whiskered bat (Myotis hajastanicus),
Population surveys;
Habitat requirements;
Quality of forested habitat surrounding Lake Sevon,
Armenia; and
Information on current restoration efforts on and around
Lake Sevon, Armenia.
(b) For the Flores hawk-eagle (Spizaetus floris),
Information on habitat loss, including the impact of
illegal logging and urban expansion on habitat, and the impact of El
Ni[ntilde]o forest fires from 1997-1998 on monsoon forest habitat in
Lesser Sundas Islands (Nusa Tenggara); and
Information on intentional killing of the species,
particularly statistics on international trade in Flores hawk-eagles.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) 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 these status reviews by
one of the methods 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 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 at the appropriate lead U.S. Fish and Wildlife Service
Office (see FOR FURTHER INFORMATION CONTACT).
Background
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a petition to list a species presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted. We are to base this finding on information provided in the
petition and supporting information submitted with the petition. 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 the finding 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
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 part 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 Request for
Information).
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 and, during the 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.
However, the identification of factors that could impact a species
negatively may not be sufficient to compel a finding that the
information in the petition and our files is substantial. The
information 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 endangered or threatened
under the Act.
Review of Petition To List 15 Bat Species as Endangered or Threatened
Under the Act
Additional information regarding our review of this petition can be
found at https://www.regulations.gov under Docket No. FWS-HQ-ES-2013-
0121 in the document labeled Appendices for 15 Foreign Bats.
Species and Range
----------------------------------------------------------------------------------------------------------------
Common name(s) Scientific name Range
----------------------------------------------------------------------------------------------------------------
Armenian myotis, Armenian Myotis hajastanicus. Armenia.
whiskered bat.
Aru flying fox................... Pteropus aruensis... Aru Islands, Indonesia.
Bonin flying fox................. Pteropus pselaphon.. Japan.
Christmas Island pipistrelle..... Pipistrellus murrayi Christmas Island, Australia.
Cuban greater funnel-eared bat... Natalus primus...... Cuba.
Greater monkey-faced bat......... Pteralopex flanneryi Papua New Guinea.
[[Page 3561]]
Hill's horseshoe bat............. Rhinolophus hilli... Rwanda.
Jamaican greater funnel-eared bat Natalus jamaicensis. Jamaica.
Lamotte's roundleaf bat.......... Hipposideros Guinea, Liberia, and C[ocirc]te d'Ivoire.
lamottei.
Lord Howe long-eared bat......... Nyctophilus howensis Australia.
Montane monkey-faced bat......... Pteralopex pulchra.. Solomon Island.
Negros naked-backed fruit bat, Dobsonia chapmani... Philippines.
Philippine bare-backed fruit bat.
New Caledonia long-eared bat..... Nyctophilus New Caledonia.
nebulosus.
New Zealand greater short-tailed Mystacina robusta... New Zealand.
bat.
Paraguayan mustached bat......... Pteronotus Venezuela.
paraguanensis.
----------------------------------------------------------------------------------------------------------------
Petition History
On October 25, 2010, we received a petition dated October 25, 2010,
from WildEarth Guardians, requesting that 15 species of bats be listed
as endangered or threatened 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 information provided in the petition, in the sources cited
in the petition, and available in our files, we find that the petition
presents substantial scientific or commercial information indicating
that the petitioned action may be warranted for all 15 species under
section 4(a)(1) of the Act:
Armenian myotis based on factors D and E (see Appendix A);
Aru flying fox based on factor E (see Appendix B);
Bonin flying fox based on factor E (see Appendix C);
Christmas Island pipistrelle based on factors A, C, D, and
E (see Appendix D);
Cuban greater funnel-eared bat based on factors A and E
(see Appendix E);
Greater monkey-faced bat based on factors A and D (see
Appendix F);
Hill's horseshoe bat based on factor A and D (see Appendix
G);
Jamaican greater funnel-eared bat based on factors A, D,
and E (see Appendix H);
Lamotte's roundleaf bat based on factors A, D, and E (see
Appendix I);
Lord Howe long-eared bat based on factor E (see Appendix
J);
Montane monkey-faced bat based on factors A, D, and E (see
Appendix K);
Negros naked-backed fruit bat/Philippine bare-backed fruit
bat based on factors A, B, D, and E (see Appendix L);
New Caledonia long-eared bat based on factors A and E (see
Appendix M);
New Zealand greater short-tailed bat based on factors C
and E (see Appendix N); and
Paraguayan mustached bat based on factors A, D, and E (see
Appendix O).
Thus, for each of these species, the Service requests information
on the five listing factors under section 4(a)(1) of the Act, including
the factors identified in this finding (See REQUEST FOR INFORMATION).
Review of Petition To List the Emperor Penguin as Endangered or
Threatened Under the Endangered Species Act
Additional information regarding our review of this petition can be
found at https://www.regulations.gov under Docket No. FWS-HQ-ES-2013-
0122 in the document labeled Appendix for the Emperor Penguin.
Species and Range
This petition concerns the emperor penguin (Aptenodytes forsteri),
with a range in Antarctica.
Petition History
On December 5, 2011, we received a petition dated November 28,
2011, from Center for Biological Diversity requesting that the emperor
penguin be listed as endangered or threatened under the Act. The
petition clearly identified itself as such and included the requisite
identification information for the petitioner, as required by 50 CFR
424.14(a). This finding addresses this petition.
Finding
Based on our review of the information provided in the petition, in
the sources cited in the petition, and available in our files, we find
that the petition presents substantial scientific or commercial
information indicating that the petitioned action may be warranted for
the emperor penguin based on factors A, D, and E.
Thus, for the emperor penguin, the Service requests information on
the five listing factors under section 4(a)(1) of the Act, including
the factors identified in this finding (See REQUEST FOR INFORMATION).
Review of Petition To List the Flores Hawk-Eagle as Endangered or
Threatened Under the Endangered Species Act
Additional information regarding our review of this petition can be
found at https://www.regulations.gov under Docket No. FWS-HQ-ES-2013-
0123 in the document labeled Appendix for the Flores Hawk-eagle.
Species and Range
This petition concerns the Flores hawk-eagle (Spizaetus floris),
with a range in Indonesia.
Petition History
On October 6, 2011, we received a petition, dated September 30,
2011, from WildEarth Guardians requesting that the Flores hawk-eagle be
listed as endangered or threatened under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, as required by 50 CFR 424.14(a). In a
December 20, 2011, letter to the petitioner, we responded that we
reviewed the information presented in the petition and did not find
that the petition warranted an emergency listing. This finding
addresses the petition.
Finding
Based on our review of the information provided in the petition, in
the sources cited in the petition, and readily available in our files,
we find that the petition presents substantial scientific or commercial
information indicating that the petitioned action may be warranted for
the Flores hawk-eagle based on factors A, B, D, and E.
Thus, for the Flores hawk-eagle, the Service requests information
on the five listing factors under section 4(a)(1) of the Act, including
the factors identified in this finding (See REQUEST FOR INFORMATION).
Review of Petition To List Ridgway's Hawk as Endangered or Threatened
Under the Endangered Species Act
Additional information regarding our review of this petition can be
found at https://www.regulations.gov under
[[Page 3562]]
Docket No. FWS-HQ-ES-2013-0124 in the document labeled Appendix for
Ridgway's Hawk.
Species and Range
This petition concerns the Ridgway's hawk (Buteo ridgwayi), with a
range in the Dominican Republic.
Petition History
On October 6, 2011, we received a petition dated September 28,
2011, from WildEarth Guardians requesting that Ridgway's hawk be listed
as endangered or threatened under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, as required by 50 CFR 424.14(a). In a
December 20, 2011, letter to the petitioner, we responded that we were
currently required to complete a significant number of listing and
critical habitat actions by the end of Fiscal Year 2016 pursuant to
court orders, judicially approved settlement agreements, and other
statutory deadlines, and we may conduct a review of the petition prior
to Fiscal Year 2016 should budget and workload permit. This finding
addresses the petition.
Finding
Based on our review of the information provided in the petition, in
the sources cited in the petition, and readily available in our files,
we find that the petition presents substantial scientific or commercial
information indicating that the petitioned action may be warranted for
the Ridgway's hawk based on factors A, D, and E.
Thus, for the Ridgeway's hawk, the Service requests information on
the five listing factors under section 4(a)(1) of the Act, including
the factors identified in this finding (See REQUEST FOR INFORMATION).
Review of Petition To List the Virgin Islands Coqu[iacute] as
Endangered or Threatened Under the Endangered Species Act
Additional information regarding our review of this petition can be
found at https://www.regulations.gov under Docket No. FWS-HQ-ES-2013-
0125 in the document labeled Appendix for the Virgin Island
Coqu[iacute].
Species and Range
This petition concerns the Virgin Islands coqu[iacute]
(Eleutherodactylus schwartzi), with a range in the British Virgin
Islands.
Petition History
On October 6, 2011, we received a petition dated September 28,
2011, from WildEarth Guardians requesting that the Virgin Islands
coqu[iacute] be listed as endangered or threatened under the Act. The
petitioner also requested designation of critical habitat in the U.S.
Virgin Islands. The petition clearly identified itself as such and
included the requisite identification information for the petitioner,
as required by 50 CFR 424.14(a). In a December 20, 2011, letter to the
petitioner, we responded that we were currently required to complete a
significant number of listing and critical habitat actions by the end
of Fiscal Year 2016 pursuant to court orders, judicially approved
settlement agreements, and other statutory deadlines, and we may
conduct a review of the petition prior to Fiscal Year 2016 should
budget and workload permit. This finding addresses the petition.
Finding
Based on our review of the information provided in the petition, in
the sources cited in the petition, and readily available in our files,
we find that the petition presents substantial scientific or commercial
information indicating that the petitioned action may be warranted for
the Virgin Islands coqu[iacute] based on factors A, C, and D.
Thus, for the Virgin Island coqu[iacute], the Service requests
information on the five listing factors under section 4(a)(1) of the
Act, including the factors identified in this finding (See REQUEST FOR
INFORMATION).
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 petitions
summarized above present substantial scientific or commercial
information indicating that the requested actions may be warranted and
are initiating status reviews to determine whether these actions under
the Act are warranted. At the conclusion of the status reviews, we will
issue 12-month findings in accordance with section 4(b)(3)(B) of the
Act, as to whether or not listing 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 review of the species. 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 warranted finding.
References Cited
On https://www.regulations.gov, the docket for each species or group
of species (see table under ADDRESSES) contains the relevant appendix
or appendices mentioned above. Each appendix contains a complete list
of references cited. Each appendix is also available upon request from
the Branch of Foreign Species (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this notice are the staff members of the
Branch of Foreign Species, Ecological Services Program, U.S. Fish and
Wildlife Service (see FOR FURTHER INFORMATION CONTACT).
Authority
The authority for these actions is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: January 8, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-01184 Filed 1-21-14; 8:45 am]
BILLING CODE 4310-55-P
