Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Island Marble Butterfly as an Endangered Species, 49045-49047 [2014-19560]
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Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Proposed Rules
CMV training organizations, motor
carriers (of property and passengers)
and industry associations, State
licensing agencies, State enforcement
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associations. The convener will
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The convenor will, among other things,
examine the potential for adequate and
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would be convened to negotiate the
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submit a written ‘‘convening’’ report of
findings and recommendations to the
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available to the public. The convener’s
report will provide a basis for FMCSA
to decide whether to proceed with a Reg
Neg, and, if so, to determine the scope
of the issues the committee would
address. In the alternative, FMCSA may
decide to forgo the Reg Neg and proceed
with traditional notice-and-comment
rulemaking.
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the confidentiality provisions of the
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5 U.S.C. 574, will apply to the
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stand on the merits of substantive items
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convener any comments it receives in
reaction to this notice and will file the
comments in docket FMCSA–2007–
27748. If you want to submit comments
to this notice directly to the docket, use
the addresses above under the heading
ADDRESSES.
Should the FMCSA decide to proceed
with a Reg Neg process, the Agency will
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U.S.C. 561 et seq. This would include
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Committee Act (5 U.S.C. Appendix 2).
Issued under the authority of delegation in
49 CFR 1.87.
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Dated: August 12, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014–19637 Filed 8–15–14; 11:15 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2014–0025;
4500030113]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To List the Island Marble
Butterfly as an Endangered Species
Fish and Wildlife Service,
Interior.
ACTION: Notice of petition finding and
initiation of status review.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce our 90-day
finding on a petition To list the island
marble butterfly (Euchloe ausonides
insulanus) as an endangered species
under the Endangered Species Act of
1973 (Act), as amended. Based on our
review, we find that the petition
presents substantial scientific or
commercial data indicating that the
petitioned action may be warranted.
Therefore, with the publication of this
document, we are notifying the public
that when resources become available,
we will be conducting a review of the
status of this subspecies to determine if
the petitioned action is warranted. In
order to assure that the best scientific
and commercial data informs the status
review and, if warranted, the
subsequent listing determination, and to
provide an opportunity for all interested
parties to provide information for
consideration for the status review, we
are requesting information regarding the
island marble butterfly. Based on the
results of our 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 December 31, 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: You may submit
information by one of the following
methods:
SUMMARY:
PO 00000
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Fmt 4702
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49045
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter docket number FWS–R1–ES–
2014–0025. 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 U.S. mail: Public Comments
Processing, Attn: FWS–R1–ES–2014–
0025; U.S. Fish and Wildlife Service
Headquarters, 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 comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Request
for Information).
FOR FURTHER INFORMATION CONTACT: Tom
McDowell, Washington Fish and
Wildlife Office, 510 Desmond Drive,
Lacey, WA 98503; telephone 360–753–
9440; facsimile 360–534–9331. Persons
who use a telecommunications device
for the deaf (TDD) may 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; also
commonly referred to as a ‘‘12-month
finding’’). For the status review to be
complete and based on the best
available scientific and commercial
data, we request information on the
island marble butterfly from
governmental agencies, Native
American tribes, the scientific
community, industry, and any other
interested parties. We seek information
on:
(1) The subspecies’ biology, range,
and population trends, including:
(a) Habitat requirements;
(b) Genetics and taxonomy, with
particular regard to the validity of the
subspecies classification for Euchloe
ausonides insulanus;
(c) Historical and current range,
including distribution patterns;
(d) Historical and current population
levels, and current and projected trends;
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wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
49046
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Proposed Rules
(e) Any relevant aspects of the life
history or behavior of the island marble
butterfly that has not yet been
documented; and
(f) Past and ongoing conservation
measures for the subspecies, 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
Endangered Species Act of 1973 (Act),
as amended (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 or its habitat.
(4) Actions taken by landowners that
would provide conservation benefits
(short-term and long-term; e.g., the
maintenance of home gardens with the
requisite host or nectar plants to support
the island marble butterfly in various
life stages throughout the year) to the
island marble butterfly.
If, after the status review, we
determine that listing is warranted, we
will propose critical habitat (see
definition in section 3(5)(A) of the Act)
under section 4 of the Act, to the
maximum extent prudent and
determinable at the time we propose to
list the subspecies. Therefore, we also
request data and information for the
island marble butterfly on:
(1) What may constitute ‘‘physical or
biological features essential to the
conservation of the species,’’ within the
geographical range occupied by the
subspecies;
(2) Where these features are currently
found;
(3) Whether any of these features may
require special management
considerations or protection;
(4) Specific areas outside the
geographical area occupied by the
subspecies that are ‘‘essential for the
conservation of the species’’; and
(5) What, if any, critical habitat you
think we should propose for designation
if the subspecies is proposed for listing,
and why such habitat meets the
requirements of section 4 of the Act.
Please include sufficient information
with your submission (such as copies or
references to scientific journal articles
or other publications) to allow us to
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14:49 Aug 18, 2014
Jkt 232001
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 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 Washington Fish and
Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
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
an endangered or threatened species 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 an endangered or
threatened species under the Act.
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 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.
Review of Petition To List the Island
Marble Butterfly as an Endangered
Species Under the Act
Additional information regarding our
review of this petition can be found at
https://www.regulations.gov under
Docket No. FWS–R1–ES–2014–0025 in
the document labeled Appendix for
Island Marble Butterfly.
PO 00000
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Fmt 4702
Sfmt 4702
Species and Range
This petition concerns the island
marble butterfly (Euchloe ausonides
insulanus), with a range in San Juan
Island and Lopez Island, Washington,
U.S.A.
Petition History
On December 11, 2002, we received a
petition dated December 10, 2002,
requesting that we emergency list the
island marble butterfly as an
endangered species, and that we
designate critical habitat concurrently
with the listing. On February 13, 2006,
we published a 90-day finding in the
Federal Register (71 FR 7497)
concluding that the petition presented
substantial scientific information
E:\FR\FM\19AUP1.SGM
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Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Proposed Rules
indicating that listing the island marble
butterfly may be warranted. On
November 14, 2006, we published a
notice of 12-month petition finding,
concluding that the island marble
butterfly did not warrant listing (71 FR
66292). Please see that 12-month finding
for a complete summary of all previous
Federal actions for this species.
On August 24, 2012, we received a
petition dated August 22, 2012, from the
Xerces Society for Invertebrate
Conservation, requesting that the island
marble butterfly be listed as an
endangered species under the Act. The
petition requested an emergency listing
and emergency critical habitat
designation. 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
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
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 listing may
be warranted for the island marble
butterfly under section 4(a)(1) of the
Act, based on factors A, C, and E (see
Appendix for the Island Marble
Butterfly). We therefore request
information on the five listing factors
under section 4(a)(1) of the Act,
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14:49 Aug 18, 2014
Jkt 232001
including the factors identified in this
finding (see Request for Information).
Our review of the petition does not
indicate that an emergency situation
exists. However, if at any time
conditions change and we determine
emergency listing is necessary, an
emergency rule may be developed.
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 presents
substantial scientific or commercial
information indicating that listing the
island marble butterfly as an
endangered species may be warranted,
and we are initiating a status review to
determine whether this action is
warranted. At the conclusion of our
status review, we will issue a 12-month
finding in accordance with section
4(b)(3)(B) of the Act. In that 12-month
finding, the Service may: decide that the
petitioned action is not warranted;
decide that the petitioned action is
warranted, but precluded; or decide that
the petitioned action is warranted, and
if so, promptly publish a proposed rule.
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,
PO 00000
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49047
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 the island marble butterfly
(FWS–R1–ES–2014–0025) contains the
relevant appendix mentioned above.
This appendix contains a complete list
of references cited. The appendix is also
available upon request from the
Washington Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this notice are
the staff members of the Washington
Fish and Wildlife Office, 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: August 5, 2014.
David Cottingham,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2014–19560 Filed 8–18–14; 8:45 am]
BILLING CODE 4310–55–P
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Agencies
[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Proposed Rules]
[Pages 49045-49047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19560]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2014-0025; 4500030113]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To List the Island Marble Butterfly as an Endangered Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition finding and initiation of status review.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, announce our 90-day
finding on a petition To list the island marble butterfly (Euchloe
ausonides insulanus) as an endangered species under the Endangered
Species Act of 1973 (Act), as amended. Based on our review, we find
that the petition presents substantial scientific or commercial data
indicating that the petitioned action may be warranted. Therefore, with
the publication of this document, we are notifying the public that when
resources become available, we will be conducting a review of the
status of this subspecies to determine if the petitioned action is
warranted. In order to assure that the best scientific and commercial
data informs the status review and, if warranted, the subsequent
listing determination, and to provide an opportunity for all interested
parties to provide information for consideration for the status review,
we are requesting information regarding the island marble butterfly.
Based on the results of our 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 December 31, 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: 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 docket number FWS-R1-ES-
2014-0025. 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 U.S. mail: Public Comments Processing, Attn: FWS-R1-ES-2014-
0025; U.S. Fish and Wildlife Service Headquarters, 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 comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Request for Information).
FOR FURTHER INFORMATION CONTACT: Tom McDowell, Washington Fish and
Wildlife Office, 510 Desmond Drive, Lacey, WA 98503; telephone 360-753-
9440; facsimile 360-534-9331. Persons who use a telecommunications
device for the deaf (TDD) may 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;
also commonly referred to as a ``12-month finding''). For the status
review to be complete and based on the best available scientific and
commercial data, we request information on the island marble butterfly
from governmental agencies, Native American tribes, the scientific
community, industry, and any other interested parties. We seek
information on:
(1) The subspecies' biology, range, and population trends,
including:
(a) Habitat requirements;
(b) Genetics and taxonomy, with particular regard to the validity
of the subspecies classification for Euchloe ausonides insulanus;
(c) Historical and current range, including distribution patterns;
(d) Historical and current population levels, and current and
projected trends;
[[Page 49046]]
(e) Any relevant aspects of the life history or behavior of the
island marble butterfly that has not yet been documented; and
(f) Past and ongoing conservation measures for the subspecies, 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 Endangered
Species Act of 1973 (Act), as amended (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 or
its habitat.
(4) Actions taken by landowners that would provide conservation
benefits (short-term and long-term; e.g., the maintenance of home
gardens with the requisite host or nectar plants to support the island
marble butterfly in various life stages throughout the year) to the
island marble butterfly.
If, after the status review, we determine that listing is
warranted, we will propose critical habitat (see definition in section
3(5)(A) of the Act) under section 4 of the Act, to the maximum extent
prudent and determinable at the time we propose to list the subspecies.
Therefore, we also request data and information for the island marble
butterfly on:
(1) What may constitute ``physical or biological features essential
to the conservation of the species,'' within the geographical range
occupied by the subspecies;
(2) Where these features are currently found;
(3) Whether any of these features may require special management
considerations or protection;
(4) Specific areas outside the geographical area occupied by the
subspecies that are ``essential for the conservation of the species'';
and
(5) What, if any, critical habitat you think we should propose for
designation if the subspecies is proposed for listing, and why such
habitat meets the requirements of section 4 of the Act.
Please include sufficient information with your submission (such as
copies or references to 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 this status review 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 Washington Fish and Wildlife 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, 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 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
an endangered or threatened species 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 an endangered or threatened
species under the Act.
Review of Petition To List the Island Marble Butterfly as an Endangered
Species Under the Act
Additional information regarding our review of this petition can be
found at https://www.regulations.gov under Docket No. FWS-R1-ES-2014-
0025 in the document labeled Appendix for Island Marble Butterfly.
Species and Range
This petition concerns the island marble butterfly (Euchloe
ausonides insulanus), with a range in San Juan Island and Lopez Island,
Washington, U.S.A.
Petition History
On December 11, 2002, we received a petition dated December 10,
2002, requesting that we emergency list the island marble butterfly as
an endangered species, and that we designate critical habitat
concurrently with the listing. On February 13, 2006, we published a 90-
day finding in the Federal Register (71 FR 7497) concluding that the
petition presented substantial scientific information
[[Page 49047]]
indicating that listing the island marble butterfly may be warranted.
On November 14, 2006, we published a notice of 12-month petition
finding, concluding that the island marble butterfly did not warrant
listing (71 FR 66292). Please see that 12-month finding for a complete
summary of all previous Federal actions for this species.
On August 24, 2012, we received a petition dated August 22, 2012,
from the Xerces Society for Invertebrate Conservation, requesting that
the island marble butterfly be listed as an endangered species under
the Act. The petition requested an emergency listing and emergency
critical habitat designation. 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 listing may be warranted for the
island marble butterfly under section 4(a)(1) of the Act, based on
factors A, C, and E (see Appendix for the Island Marble Butterfly). We
therefore request 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).
Our review of the petition does not indicate that an emergency
situation exists. However, if at any time conditions change and we
determine emergency listing is necessary, an emergency rule may be
developed.
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
presents substantial scientific or commercial information indicating
that listing the island marble butterfly as an endangered species may
be warranted, and we are initiating a status review to determine
whether this action is warranted. At the conclusion of our status
review, we will issue a 12-month finding in accordance with section
4(b)(3)(B) of the Act. In that 12-month finding, the Service may:
decide that the petitioned action is not warranted; decide that the
petitioned action is warranted, but precluded; or decide that the
petitioned action is warranted, and if so, promptly publish a proposed
rule.
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 the island marble
butterfly (FWS-R1-ES-2014-0025) contains the relevant appendix
mentioned above. This appendix contains a complete list of references
cited. The appendix is also available upon request from the Washington
Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this notice are the staff members of the
Washington Fish and Wildlife Office, 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: August 5, 2014.
David Cottingham,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-19560 Filed 8-18-14; 8:45 am]
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