Endangered and Threatened Wildlife and Plants; 90-Day Findings on 10 Petitions, 19259-19263 [2015-07837]
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Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Proposed Rules
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS–R8–ES–2015–0017,
FWS–HQ–ES–2015–0018, FWS–HQ–ES–
2015–0019, FWS–HQ–ES–2015–0020, FWS–
R8–ES–2015–0021, FWS–R1–ES–2014–
0061, FWS–R8–ES–2015–0022, FWS–R8–
ES–2015–0023, FWS–R8–ES–2015–0024,
FWS–R7–ES–2015–0025;4500030115]
Endangered and Threatened Wildlife
and Plants; 90-Day Findings on 10
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 various petitions to list
eight species, reclassify one species, and
delist one species under the Endangered
Species Act of 1973, as amended (Act).
Based on our review, we find that these
10 petitions present substantial
scientific or commercial information
indicating that the petitioned actions
may be warranted. Therefore, with the
publication of this document, we are
initiating a review of the status of each
of these species to determine if the
petitioned actions are warranted. The
status reviews for two species, the
golden conure (which appears in the
List of Endangered and Threatened
Wildlife as the golden parakeet) and the
northern spotted owl, will also serve as
5-year reviews for those species. To
ensure that these status reviews are
comprehensive, we are requesting
scientific and commercial data and
other information regarding these
species. 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 the status reviews, we request
that we receive information on or before
June 9, 2015. 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 on species for which a
status review is being initiated 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). Then click the Search
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SUMMARY:
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button. 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]; U.S.
Fish and Wildlife Service, MS: BPHC,
5275 Leesburg Pike; Falls Church, VA
22041–3803.
We request that you send information
only by the methods described above.
We will post all information received on
https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Request for Information section,
below, for more details).
Species
Docket No.
Clear Lake hitch ........
FWS–R8–ES–2015–
0017
FWS–HQ–ES–2015–
0018
FWS–HQ–ES–2015–
0019
FWS–HQ–ES–2015–
0020
FWS–R8–ES–2015–
0021
FWS–R1–ES–2014–
0061
FWS–R8–ES–2015–
0022
FWS–R8–ES–2015–
0023
Egyptian tortoise .......
Golden conure ..........
Long-tailed chinchilla
Mojave shoulderband
snail.
Northern spotted owl
Relict dace ................
San Joaquin Valley
giant flower-loving
fly.
Western pond turtle ..
Yellow-cedar .............
FWS–R8–ES–2015–
0024
FWS–R7–ES–2015–
0025
FOR FURTHER INFORMATION CONTACT:
Species
Contact information
Clear Lake
hitch.
Egyptian tortoise.
Golden conure
Long-tailed
chinchilla.
Mojave
shoulderband
snail.
Northern spotted owl.
Relict dace ......
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Jennifer Norris, telephone
(916)-414–6600.
Janine Van Norman, telephone (703) 358–2171.
Janine Van Norman, telephone (703) 358–2171.
Janine Van Norman, telephone (703) 358–2171.
Mendel Stewart, telephone
(760) 431–9440.
Paul Henson, telephone
(503) 231–6179.
Edward D. Koch, telephone
(775) 861–6300.
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Species
San Joaquin
Valley giant
flower-loving
fly.
Western pond
turtle.
Yellow-cedar ...
Contact information
Jennifer Norris, telephone
(916) 414–6600.
Jennifer Norris, telephone
(916) 414–6600.
Steve Brockmann, telephone (907) 780–1181.
If you use a telecommunications
device for the deaf (TDD), please call the
Federal Information Relay Service
(FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Request for Information
When we make a finding that a
petition presents substantial
information indicating that listing,
reclassification, or delisting a species
may be warranted, we are required to
promptly review the status of the
species (status review). For the status
review to be complete and based on the
best available scientific and commercial
information, we request information on
these species from governmental
agencies, Native American Tribes, the
scientific community, industry, and any
other interested parties. We seek
information on:
(1) The 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, reclassification, or
delisting 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 the species and its habitat.
(4) For the northern spotted owl, we
specifically request information on:
(a) Evidence that any of the factors
identified under Factor A are having
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population-level effects on the northern
spotted owl, either singularly or in
combination;
(b) Evidence that the West Nile virus
or predation by barred owls have caused
population-level impacts on northern
spotted owls;
(c) Identification of shortcoming in
existing regulations that are having
population-level effects on the northern
spotted owl;
(d) Evidence that competition with
barred owls is having population-level
effects on the northern spotted owl; and
(e) Evidence that global climate
change is having population-level
effects on the northern spotted owl.
(5) For those domestic (U.S.) species
that are not listed, 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
for those species that fall within the
jurisdiction of the United States, to the
maximum extent prudent and
determinable at the time we propose to
list the species. Therefore, we also
specifically request data and
information for Clear Lake hitch, Mojave
shoulderband snail, relict dace, San
Joaquin Valley giant flower-loving fly,
western pond turtle, and yellow-cedar
on:
(a) What may constitute ‘‘physical or
biological features essential to the
conservation of the species,’’ within the
geographical range occupied by the
species;
(b) Where these features are currently
found;
(c) Whether any of these features may
require special management
considerations or protection;
(d) Specific areas outside the
geographical area occupied by the
species that are ‘‘essential for the
conservation of the species’’; and
(e) 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 section 4 of the Act.
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.’’
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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 Field 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.
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
promptly in the Federal Register.
Our standard for substantial scientific
or commercial information within the
Code of Federal Regulations (CFR) with
regard to a 90-day petition finding is
‘‘that amount of information that would
lead a reasonable person to believe that
the measure proposed in the petition
may be warranted’’ (50 CFR 424.14(b)).
If we find that substantial scientific or
commercial information was presented,
we are required to promptly commence
a review of the status of the species,
which we will subsequently summarize
in our 12-month finding.
Section 4 of the Act (16 U.S.C. 1533)
and its implementing regulations at 50
CFR 424 set forth the procedures for
adding a species to, or removing a
species from, the Federal Lists of
Endangered and Threatened Wildlife
and Plants. A species may be
determined to be an endangered or
threatened species due to one or more
of the five factors described in section
4(a)(1) of the Act (see (2) under Request
For Information, above).
We may delist a species according to
50 CFR 424.11(d) if the best available
scientific and commercial data indicate
that the species is neither an
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endangered nor threatened species for
one or more of the following reasons:
(1) The species is extinct;
(2) The species has recovered and is
no longer an endangered or threatened
species; or
(3) The original scientific or
commercial data used at the time the
species was classified, or the
interpretation of such data, were in
error.
In considering what factors might
constitute threats, we must look beyond
the exposure of the species to a factor
to evaluate whether the species may
respond to the factor in a way that
causes actual impacts to the species. If
there is exposure to a factor and the
species responds negatively, the factor
may be a threat, and, during the
subsequent status review, we attempt to
determine how significant a threat it is.
The threat is significant if it drives, or
contributes to, the risk of extinction of
the species such that the species may
warrant listing as an ‘‘endangered
species’’ or a ‘‘threatened species,’’ as
those terms are defined in the Act.
However, the identification of factors
that could affect a species negatively
may not be sufficient for us to find 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
species’’ or ‘‘threatened species’’ under
the Act.
Evaluation of a Petition To List the
Clear Lake Hitch as an Endangered or
Threatened Species Under the Act
Additional information regarding our
review of this petition can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2015–0017 under the
Supporting Documents section.
Species and Range
Clear Lake hitch (Lavinia exilicauda
chi); California
Petition History
On January 13, 2013, the California
Department of Fish and Wildlife drafted
a recommendation to the California Fish
and Game Commission to list the Clear
Lake hitch as threatened species under
the California Endangered Species Act.
On September 25, 2014, we received a
petition dated September 25, 2014, from
the Center for Biological Diversity,
requesting that Clear Lake hitch be
listed as a endangered or threatened
species under the Act. The petition
clearly identified itself as such and
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included the requisite identification
information for the petitioner, required
at 50 CFR 424.14(a). This finding
addresses the petition.
Finding
Based on our review of the petition
and sources cited in the petition, we
find that the petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the Clear Lake hitch (Lavinia exilicauda
chi) based on Factors A, B, C, and E.
Thus, for the Clear Lake hitch, 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, above).
Evaluation of a Petition To List the
Egyptian Tortoise as an Endangered or
Threatened Species Under the Act
Additional information regarding our
review of this petition can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–HQ–ES–2015–0018 under the
Supporting Documents section.
Species and Range
Evaluation of a Petition To Delist the
Golden Conure Under the Act
Additional information regarding our
review of this petition can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–HQ–ES–2015–0019 under the
Supporting Documents section.
Species and Range
Golden conure (Guaruba guarouba or
Aratinga guarouba); Brazil. (Note: The
species is listed as ‘‘golden parakeet’’
(Aratinga guarouba) in the List of
Endangered and Threatened Wildlife at
50 CFR 17.11(h). However, we refer to
the species by the common name
‘‘golden conure’’ in this document.)
Petition History
On August 21, 2014, we received a
petition dated August 20, 2014, from the
American Federation of Aviculture, Inc.,
requesting that the golden conure be
removed from the Federal List of
Endangered and Threatened Wildlife
(i.e., ‘‘delisted’’) pursuant to 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.
Egyptian tortoise (Testudo
kleinmanni); Egypt, Libya, Israel
Finding
Petition History
Based on our review of the petition
and sources cited in the petition, we
find that the petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the golden conure (Guaruba guarouba
or Aratinga guarouba) based on new
population estimates and Fnew
information relating to actors A, B, and
D.
Thus, for the golden conure, 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, above).
On June 9, 2014, we received a
petition dated May 2014, from Friends
of Animals, requesting that the Egyptian
tortoise be listed as an endangered or
threatened species under the Act. The
petition clearly identified itself as such
and included the requisite identification
information for the petitioner, required
at 50 CFR 424.14(a). In a letter to the
petitioner, we responded that we
reviewed the information presented in
the petition and did not find that the
species warranted emergency listing.
This finding addresses the petition.
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Finding
Based on our review of the petition
and sources cited in the petition, we
find that the petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the Egyptian tortoise (Testudo
kleinmanni) based on Factors A, B, C, D,
and E.
Thus, for the Egyptian tortoise, the
Service requests information on the five
listing factors under section 4(a)(1) of
the Act (see Request for Information,
above).
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Evaluation of a Petition To List the
Long-Tailed Chinchilla as an
Endangered or Threatened Species
Under the Act
Additional information regarding our
review of this petition can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–HQ–ES–2015–0020 under the
Supporting Documents section.
Species and Range
Long-tailed chinchilla (Chinchilla
lanigera); Chile
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Petition History
On October 14, 2014, we received a
petition dated October 7, 2014, from
Friends of Animals, requesting that the
long-tailed chinchilla be listed as a
endangered or threatened species under
the Act. The petition clearly identified
itself as such and included the requisite
identification information for the
petitioner, required at 50 CFR 424.14(a).
In a November 17, 2014, letter to the
petitioner, we responded that we
reviewed the information presented in
the petition and did not find that the
species warranted emergency listing.
This finding addresses the petition.
Finding
Based on our review of the petition
and sources cited in the petition, we
find that the petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the long-tailed chinchilla (Chinchilla
lanigera) based on Factors A, B, D, and
E.
Thus, for the long-tailed chinchilla,
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, above).
Evaluation of a Petition To List Mojave
Shoulderband Snail as an Endangered
or Threatened Species Under the Act
Additional information regarding our
review of this petition can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2015–0021 under the
Supporting Documents section.
Species and Range
Mohave shoulderband snail
(Helminthoglypta (coyote) greggi);
California
Petition History
On January 31, 2014, we received a
petition dated January 31, 2014, from
the Center for Biological Diversity,
requesting that Mohave shoulderband
snail be listed as a endangered or
threatened species under the Act. The
petition clearly identified itself as such
and included the requisite identification
information for the petitioner, required
at 50 CFR 424.14(a). In an April 4, 2014,
letter to the petitioner, we responded
that we reviewed the information
presented in the petition and did not
find that the species warranted
emergency listing. This finding
addresses the petition.
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Finding
occidentalis caurina) based on Factors
A, C, D, and E.
Thus, for the northern spotted owl,
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, above).
Based on our review of the petition
and sources cited in the petition, we
find that the petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the Mohave shoulderband snail
(Helminthoglypta (coyote) greggi)) based
on Factors A, C, and E.
Thus, for the Mojave shoulderband
snail, 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, above).
Evaluation of a Petition To Reclassify
the Northern Spotted Owl as an
Endangered Species Under the Act
Additional information regarding our
review of this petition can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–R1–ES–2014–0061 under the
Supporting Documents section.
Species and Range
Northern spotted owl (Strix
occidentalis caurina); California,
Oregon, and Washington, U.S.A.; British
Columbia, Canada.
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Petition History
On August 21, 2012, we received a
petition dated August 15, 2012, from
Environmental Protection Information
Center, requesting that the northern
spotted owl (Strix occidentalis caurina)
be listed as an endangered species
under the Act. We published a final rule
to list the northern spotted owl as a
threatened species under the Act on
June 26, 1990 (55 FR 28114); the
effective date of that rule was July 23,
1990. 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 September 27, 2012,
letter to the petitioner, we responded
that we reviewed the information
presented in the petition and did not
find that the species warranted
emergency uplisting. We also issued a
letter to the petitioner on April 17, 2014,
informing them of our anticipated
timeline for publication of the 90-day
and 12-month findings. This finding
addresses the petition.
Evaluation of a Petition To List the
Relict Dace as an Endangered or
Threatened Species Under the Act
Additional information regarding our
review of this petition can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2015–0022 under the
Supporting Documents section.
Species and Range
Relict dace (Relictus solitarius);
Nevada
Petition History
On June 27, 2014, we received a
petition dated June 27, 2014, from
Forest Service Employees for
Environmental Ethics, requesting that
relict dace be listed as an endangered
species under the Act on an emergency
basis. The petition clearly identified
itself as such and included the requisite
identification information for the
petitioner, required at 50 CFR 424.14(a).
In an August 25, 2014, letter to the
petitioner, we responded that we
reviewed the information presented in
the petition and did not find that the
species warranted emergency listing.
This finding addresses the petition.
Finding
Based on our review of the petition
and sources cited in the petition, we
find that the petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the relict dace (Relictus solitarius) based
on Factors A, D, and E.
Thus, for the relict dace, 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,
above).
Finding
Evaluation of a Petition To List the San
Joaquin Valley Giant Flower-Loving Fly
as an Endangered or Threatened
Species Under the Act
Based on our review of the petition
and sources cited in the petition, we
find that the petition presents
substantial information that the
petitioned action may be warranted for
the northern spotted owl (Strix
Additional information regarding our
review of this petition can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2015–0023 under the
Supporting Documents section.
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Species and Range
San Joaquin Valley giant flowerloving fly (Rhaphiomidas trochilus);
California.
Petition History
On June 26, 2014, we received a
petition dated June 26, 2014, from
Gregory R. Ballmer and Kendall H.
Osborne, requesting that San Joaquin
Valley giant flower-loving fly be listed
as an endangered species under the Act.
The petition clearly identified itself as
such and included the requisite
identification information for the
petitioner, required at 50 CFR 424.14(a).
In a September 12, 2014, letter to the
petitioner, we responded that we
reviewed the information presented in
the petition and did not find that the
species warranted emergency listing.
This finding addresses the petition.
Finding
Based on our review of the petition
and sources cited in the petition, we
find that the petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the San Joaquin Valley giant flowerloving fly (Rhaphiomidas trochilus)
based on Factors A and E.
Thus, for the San Joaquin Valley giant
flower-loving fly, 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,
above).
Evaluation of a Petition To List the
Western Pond Turtle as an Endangered
or Threatened Species Under the Act
Additional information regarding our
review of this petition can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2015–0024 under the
Supporting Documents section.
Species and Range
Western pond turtle or Pacific pond
turtle (Actinemys marmorata; formerly
Clemmys marmorata); California and
Washington
Petition History
On July 11, 2012, we were petitioned
by the Center for Biological Diversity to
list 53 amphibian and reptile species
across the United States. The western
pond turtle was one of the species
petitioned for listing.
Finding
Based on our review of the petition
and sources cited in the petition, we
find that the petition presents
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substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the western pond turtle (Actinemys
marmorata) based on Factor A.
Thus, for the western pond turtle, the
Service requests information on the five
listing factors under section 4(a)(1) of
the Act, including the factor identified
in this finding (see Request for
Information, above).
Evaluation of a Petition To List Yellowcedar as an Endangered or Threatened
Species Under the Act
Additional information regarding our
review of this petition can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–R7–ES–2015–0025 under the
Supporting Documents section.
Species and Range
YellowYellow-cedar (Callitropsis
nootkatensis); Alaska, California,
Oregon, Washington, U.S.A.; Canada
Petition History
On June 24, 2014, we received a
petition dated June 24, 2014, from
Center for Biological Diversity, The Boat
Company, Greater Southeast Alaska
Conservation Community, and
Greenpeace, requesting that yellowcedar be listed as a endangered or
threatenedspecies under the Act. The
petition clearly identified itself as such
and included the requisite identification
information for the petitioner, required
at 50 CFR 424.14(a). This finding
addresses the petition.
Finding
Based on our review of the petition
and sources cited in the petition, we
find that the petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
yellow-cedar (Callitropsis nootkatensis)
based on Factors A, B, and E.
Thus, for yellow-cedar, 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,
above).
rljohnson on DSK3VPTVN1PROD with PROPOSALS
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 for Clear Lake hitch,
Egyptian tortoise, golden conure, longtailed chinchilla, Mojave shoulderband
snail, northern spotted owl, relict dace,
San Joaquin Valley giant flower-loving
fly, western pond turtle, and yellow-
VerDate Sep<11>2014
15:27 Apr 09, 2015
Jkt 235001
cedar present substantial scientific or
commercial information indicating that
the requested actions may be warranted.
Because we have found that the
petitions present substantial
information indicating that the
petitioned actions may be warranted, we
are initiating status reviews to
determine whether these actions under
the Act are warranted. At the conclusion
of the status reviews, we will issue a 12month finding in accordance with
section 4(b)(3)(B) of the Act, as to
whether or not the Service believes
listing, reclassification, or delisting, as
appropriate, is warranted.
It is important to note that the
‘‘substantial information’’ standard for a
90-day finding as to whether the
petitioned action may be warranted
differs from the Act’s ‘‘best scientific
and commercial data’’ standard that
applies to the Service’s determination in
a 12-month finding as to whether a
petitioned action is in fact warranted. A
90-day finding is not based on a status
review. In a 12-month finding, we will
determine whether a petitioned action is
warranted after we have completed a
thorough status review of the species,
which is conducted following a
substantial 90-day finding. Because the
Act’s standards for 90-day and 12month findings are different, as
described above, a substantial 90-day
finding does not mean that the 12month finding will result in a warranted
finding.
5-Year Review
The status reviews of golden conure
and northern spotted owl will also serve
as the 5-year reviews for thesetheses
species. Section 4(c)(2)(A) of the Act
requires that we conduct a review of
listed species at least once every 5 years.
Our regulations at 50 CFR 424.21
require that we publish a notice in the
Federal Register announcing those
species under active review. For
additional information about 5-year
reviews, go to https://www.fws.gov/
endangered/what-we-do/recoveryoverview.html, scroll down to ‘‘Learn
More about 5-Year Reviews,’’ and click
on our factsheet.
References Cited
A complete list of references cited is
available on the Internet at https://
www.regulations.gov and upon request
from the appropriate lead field offices
(see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this document
are the staff members of the Branch of
Foreign Species, Ecological Services
Program, U.S. Fish and Wildlife Service.
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
19263
Authority
The authority for these actions is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: March 30, 2015.
Robert Dreher,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2015–07837 Filed 4–9–15; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R6–ES–2015–0013;
FXES11130900000C6–145–FF09E42000]
RIN 1018–BA42
Endangered and Threatened Wildlife
and Plants; Establishment of a
Nonessential Experimental Population
of Black-Footed Ferrets in Wyoming
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; notice of
availability.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), in
coordination with the State of Wyoming
and other partners, propose to
reestablish additional populations of the
black-footed ferret (Mustela nigripes), a
federally listed endangered mammal,
into occupied prairie dog (Cynomys
spp.) habitat in Wyoming. We propose
to reestablish the black-footed ferret
under section 10(j) of the Endangered
Species Act of 1973, as amended (Act),
and to classify any reestablished
population as a nonessential
experimental population (NEP). This
approach would provide relaxed
management rules to facilitate
reintroductions. We are seeking
comments on this proposal and on our
draft environmental assessment,
prepared pursuant to the National
Environmental Policy Act of 1969, as
amended (NEPA), which analyzes the
potential environmental impacts
associated with the proposed
reintroduction.
We are also notifying the public that
we are amending the List of Endangered
and Threatened Wildlife (List) to reflect
the scientifically accepted historical
range of the black-footed ferret. The
revised historical range description
includes Mexico. The historical range
information in the List is informational,
not regulatory.
DATES: We will accept comments
received or postmarked on or before
SUMMARY:
E:\FR\FM\10APP1.SGM
10APP1
Agencies
[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Proposed Rules]
[Pages 19259-19263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07837]
[[Page 19259]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS-R8-ES-2015-0017, FWS-HQ-ES-2015-0018, FWS-HQ-ES-2015-
0019, FWS-HQ-ES-2015-0020, FWS-R8-ES-2015-0021, FWS-R1-ES-2014-0061,
FWS-R8-ES-2015-0022, FWS-R8-ES-2015-0023, FWS-R8-ES-2015-0024, FWS-R7-
ES-2015-0025;4500030115]
Endangered and Threatened Wildlife and Plants; 90-Day Findings on
10 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 various petitions to list eight species, reclassify one
species, and delist one species under the Endangered Species Act of
1973, as amended (Act). Based on our review, we find that these 10
petitions present substantial scientific or commercial information
indicating that the petitioned actions may be warranted. Therefore,
with the publication of this document, we are initiating a review of
the status of each of these species to determine if the petitioned
actions are warranted. The status reviews for two species, the golden
conure (which appears in the List of Endangered and Threatened Wildlife
as the golden parakeet) and the northern spotted owl, will also serve
as 5-year reviews for those species. To ensure that these status
reviews are comprehensive, we are requesting scientific and commercial
data and other information regarding these species. 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 the status reviews, we
request that we receive information on or before June 9, 2015.
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 on species for which a status
review is being initiated 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). Then click the Search button. 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]; U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike;
Falls Church, VA 22041-3803.
We request that you send information only by the methods described
above. We will post all information received on https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Request for Information
section, below, for more details).
------------------------------------------------------------------------
Species Docket No.
------------------------------------------------------------------------
Clear Lake hitch.......................... FWS-R8-ES-2015-0017
Egyptian tortoise......................... FWS-HQ-ES-2015-0018
Golden conure............................. FWS-HQ-ES-2015-0019
Long-tailed chinchilla.................... FWS-HQ-ES-2015-0020
Mojave shoulderband snail................. FWS-R8-ES-2015-0021
Northern spotted owl...................... FWS-R1-ES-2014-0061
Relict dace............................... FWS-R8-ES-2015-0022
San Joaquin Valley giant flower-loving fly FWS-R8-ES-2015-0023
Western pond turtle....................... FWS-R8-ES-2015-0024
Yellow-cedar.............................. FWS-R7-ES-2015-0025
------------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT:
------------------------------------------------------------------------
Species Contact information
------------------------------------------------------------------------
Clear Lake hitch.................. Jennifer Norris, telephone (916)-414-
6600.
Egyptian tortoise................. Janine Van Norman, telephone (703)
358-2171.
Golden conure..................... Janine Van Norman, telephone (703)
358-2171.
Long-tailed chinchilla............ Janine Van Norman, telephone (703)
358-2171.
Mojave shoulderband snail......... Mendel Stewart, telephone (760) 431-
9440.
Northern spotted owl.............. Paul Henson, telephone (503) 231-
6179.
Relict dace....................... Edward D. Koch, telephone (775) 861-
6300.
San Joaquin Valley giant flower- Jennifer Norris, telephone (916) 414-
loving fly. 6600.
Western pond turtle............... Jennifer Norris, telephone (916) 414-
6600.
Yellow-cedar...................... Steve Brockmann, telephone (907) 780-
1181.
------------------------------------------------------------------------
If you use a telecommunications device for the deaf (TDD), please
call the Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Request for Information
When we make a finding that a petition presents substantial
information indicating that listing, reclassification, or delisting a
species may be warranted, we are required to promptly review the status
of the species (status review). For the status review to be complete
and based on the best available scientific and commercial information,
we request information on these species from governmental agencies,
Native American Tribes, the scientific community, industry, and any
other interested parties. We seek information on:
(1) The 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,
reclassification, or delisting 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 the species and its
habitat.
(4) For the northern spotted owl, we specifically request
information on:
(a) Evidence that any of the factors identified under Factor A are
having
[[Page 19260]]
population-level effects on the northern spotted owl, either singularly
or in combination;
(b) Evidence that the West Nile virus or predation by barred owls
have caused population-level impacts on northern spotted owls;
(c) Identification of shortcoming in existing regulations that are
having population-level effects on the northern spotted owl;
(d) Evidence that competition with barred owls is having
population-level effects on the northern spotted owl; and
(e) Evidence that global climate change is having population-level
effects on the northern spotted owl.
(5) For those domestic (U.S.) species that are not listed, 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 for those species that fall within the
jurisdiction of the United States, to the maximum extent prudent and
determinable at the time we propose to list the species. Therefore, we
also specifically request data and information for Clear Lake hitch,
Mojave shoulderband snail, relict dace, San Joaquin Valley giant
flower-loving fly, western pond turtle, and yellow-cedar on:
(a) What may constitute ``physical or biological features essential
to the conservation of the species,'' within the geographical range
occupied by the species;
(b) Where these features are currently found;
(c) Whether any of these features may require special management
considerations or protection;
(d) Specific areas outside the geographical area occupied by the
species that are ``essential for the conservation of the species''; and
(e) 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 section 4 of the Act.
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
Field 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. 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 promptly in the Federal
Register.
Our standard for substantial scientific or commercial information
within the Code of Federal Regulations (CFR) with regard to a 90-day
petition finding is ``that amount of information that would lead a
reasonable person to believe that the measure proposed in the petition
may be warranted'' (50 CFR 424.14(b)). If we find that substantial
scientific or commercial information was presented, we are required to
promptly commence a review of the status of the species, which we will
subsequently summarize in our 12-month finding.
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations at 50 CFR 424 set forth the procedures for adding a species
to, or removing a species from, the Federal Lists of Endangered and
Threatened Wildlife and Plants. A species may be determined to be an
endangered or threatened species due to one or more of the five factors
described in section 4(a)(1) of the Act (see (2) under Request For
Information, above).
We may delist a species according to 50 CFR 424.11(d) if the best
available scientific and commercial data indicate that the species is
neither an endangered nor threatened species for one or more of the
following reasons:
(1) The species is extinct;
(2) The species has recovered and is no longer an endangered or
threatened species; or
(3) The original scientific or commercial data used at the time the
species was classified, or the interpretation of such data, were in
error.
In considering what factors might constitute threats, we must look
beyond the exposure of the species to a factor to evaluate whether the
species may respond to the factor in a way that causes actual impacts
to the species. If there is exposure to a factor and the species
responds negatively, the factor may be a threat, and, during the
subsequent status review, we attempt to determine how significant a
threat it is. The threat is significant if it drives, or contributes
to, the risk of extinction of the species such that the species may
warrant listing as an ``endangered species'' or a ``threatened
species,'' as those terms are defined in the Act. However, the
identification of factors that could affect a species negatively may
not be sufficient for us to find 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 species'' or ``threatened species'' under
the Act.
Evaluation of a Petition To List the Clear Lake Hitch as an Endangered
or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-R8-ES-2015-0017 under the Supporting Documents section.
Species and Range
Clear Lake hitch (Lavinia exilicauda chi); California
Petition History
On January 13, 2013, the California Department of Fish and Wildlife
drafted a recommendation to the California Fish and Game Commission to
list the Clear Lake hitch as threatened species under the California
Endangered Species Act. On September 25, 2014, we received a petition
dated September 25, 2014, from the Center for Biological Diversity,
requesting that Clear Lake hitch be listed as a endangered or
threatened species under the Act. The petition clearly identified
itself as such and
[[Page 19261]]
included the requisite identification information for the petitioner,
required at 50 CFR 424.14(a). This finding addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted for the Clear Lake hitch (Lavinia exilicauda chi) based on
Factors A, B, C, and E.
Thus, for the Clear Lake hitch, 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,
above).
Evaluation of a Petition To List the Egyptian Tortoise as an Endangered
or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-HQ-ES-2015-0018 under the Supporting Documents section.
Species and Range
Egyptian tortoise (Testudo kleinmanni); Egypt, Libya, Israel
Petition History
On June 9, 2014, we received a petition dated May 2014, from
Friends of Animals, requesting that the Egyptian tortoise be listed as
an endangered or threatened species under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(a). In a
letter to the petitioner, we responded that we reviewed the information
presented in the petition and did not find that the species warranted
emergency listing. This finding addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted for the Egyptian tortoise (Testudo kleinmanni) based on
Factors A, B, C, D, and E.
Thus, for the Egyptian tortoise, the Service requests information
on the five listing factors under section 4(a)(1) of the Act (see
Request for Information, above).
Evaluation of a Petition To Delist the Golden Conure Under the Act
Additional information regarding our review of this petition can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-HQ-ES-2015-0019 under the Supporting Documents section.
Species and Range
Golden conure (Guaruba guarouba or Aratinga guarouba); Brazil.
(Note: The species is listed as ``golden parakeet'' (Aratinga guarouba)
in the List of Endangered and Threatened Wildlife at 50 CFR 17.11(h).
However, we refer to the species by the common name ``golden conure''
in this document.)
Petition History
On August 21, 2014, we received a petition dated August 20, 2014,
from the American Federation of Aviculture, Inc., requesting that the
golden conure be removed from the Federal List of Endangered and
Threatened Wildlife (i.e., ``delisted'') pursuant to the Act. The
petition clearly identified itself as such and included the requisite
identification information for the petitioner, required at 50 CFR
424.14(a). This finding addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted for the golden conure (Guaruba guarouba or Aratinga guarouba)
based on new population estimates and Fnew information relating to
actors A, B, and D.
Thus, for the golden conure, 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,
above).
Evaluation of a Petition To List the Long-Tailed Chinchilla as an
Endangered or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-HQ-ES-2015-0020 under the Supporting Documents section.
Species and Range
Long-tailed chinchilla (Chinchilla lanigera); Chile
Petition History
On October 14, 2014, we received a petition dated October 7, 2014,
from Friends of Animals, requesting that the long-tailed chinchilla be
listed as a endangered or threatened species under the Act. The
petition clearly identified itself as such and included the requisite
identification information for the petitioner, required at 50 CFR
424.14(a). In a November 17, 2014, letter to the petitioner, we
responded that we reviewed the information presented in the petition
and did not find that the species warranted emergency listing. This
finding addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted for the long-tailed chinchilla (Chinchilla lanigera) based on
Factors A, B, D, and E.
Thus, for the long-tailed chinchilla, 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, above).
Evaluation of a Petition To List Mojave Shoulderband Snail as an
Endangered or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-R8-ES-2015-0021 under the Supporting Documents section.
Species and Range
Mohave shoulderband snail (Helminthoglypta (coyote) greggi);
California
Petition History
On January 31, 2014, we received a petition dated January 31, 2014,
from the Center for Biological Diversity, requesting that Mohave
shoulderband snail be listed as a endangered or threatened species
under the Act. The petition clearly identified itself as such and
included the requisite identification information for the petitioner,
required at 50 CFR 424.14(a). In an April 4, 2014, letter to the
petitioner, we responded that we reviewed the information presented in
the petition and did not find that the species warranted emergency
listing. This finding addresses the petition.
[[Page 19262]]
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted for the Mohave shoulderband snail (Helminthoglypta (coyote)
greggi)) based on Factors A, C, and E.
Thus, for the Mojave shoulderband snail, 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, above).
Evaluation of a Petition To Reclassify the Northern Spotted Owl as an
Endangered Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-R1-ES-2014-0061 under the Supporting Documents section.
Species and Range
Northern spotted owl (Strix occidentalis caurina); California,
Oregon, and Washington, U.S.A.; British Columbia, Canada.
Petition History
On August 21, 2012, we received a petition dated August 15, 2012,
from Environmental Protection Information Center, requesting that the
northern spotted owl (Strix occidentalis caurina) be listed as an
endangered species under the Act. We published a final rule to list the
northern spotted owl as a threatened species under the Act on June 26,
1990 (55 FR 28114); the effective date of that rule was July 23, 1990.
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 September 27, 2012, letter to the petitioner, we
responded that we reviewed the information presented in the petition
and did not find that the species warranted emergency uplisting. We
also issued a letter to the petitioner on April 17, 2014, informing
them of our anticipated timeline for publication of the 90-day and 12-
month findings. 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 information
that the petitioned action may be warranted for the northern spotted
owl (Strix occidentalis caurina) based on Factors A, C, D, and E.
Thus, for the northern spotted owl, 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, above).
Evaluation of a Petition To List the Relict Dace as an Endangered or
Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-R8-ES-2015-0022 under the Supporting Documents section.
Species and Range
Relict dace (Relictus solitarius); Nevada
Petition History
On June 27, 2014, we received a petition dated June 27, 2014, from
Forest Service Employees for Environmental Ethics, requesting that
relict dace be listed as an endangered species under the Act on an
emergency basis. The petition clearly identified itself as such and
included the requisite identification information for the petitioner,
required at 50 CFR 424.14(a). In an August 25, 2014, letter to the
petitioner, we responded that we reviewed the information presented in
the petition and did not find that the species warranted emergency
listing. This finding addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted for the relict dace (Relictus solitarius) based on Factors A,
D, and E.
Thus, for the relict dace, 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,
above).
Evaluation of a Petition To List the San Joaquin Valley Giant Flower-
Loving Fly as an Endangered or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-R8-ES-2015-0023 under the Supporting Documents section.
Species and Range
San Joaquin Valley giant flower-loving fly (Rhaphiomidas
trochilus); California.
Petition History
On June 26, 2014, we received a petition dated June 26, 2014, from
Gregory R. Ballmer and Kendall H. Osborne, requesting that San Joaquin
Valley giant flower-loving fly be listed as an endangered species under
the Act. The petition clearly identified itself as such and included
the requisite identification information for the petitioner, required
at 50 CFR 424.14(a). In a September 12, 2014, letter to the petitioner,
we responded that we reviewed the information presented in the petition
and did not find that the species warranted emergency listing. This
finding addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted for the San Joaquin Valley giant flower-loving fly
(Rhaphiomidas trochilus) based on Factors A and E.
Thus, for the San Joaquin Valley giant flower-loving fly, 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, above).
Evaluation of a Petition To List the Western Pond Turtle as an
Endangered or Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-R8-ES-2015-0024 under the Supporting Documents section.
Species and Range
Western pond turtle or Pacific pond turtle (Actinemys marmorata;
formerly Clemmys marmorata); California and Washington
Petition History
On July 11, 2012, we were petitioned by the Center for Biological
Diversity to list 53 amphibian and reptile species across the United
States. The western pond turtle was one of the species petitioned for
listing.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents
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substantial scientific or commercial information indicating that the
petitioned action may be warranted for the western pond turtle
(Actinemys marmorata) based on Factor A.
Thus, for the western pond turtle, the Service requests information
on the five listing factors under section 4(a)(1) of the Act, including
the factor identified in this finding (see Request for Information,
above).
Evaluation of a Petition To List Yellow-cedar as an Endangered or
Threatened Species Under the Act
Additional information regarding our review of this petition can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-R7-ES-2015-0025 under the Supporting Documents section.
Species and Range
YellowYellow-cedar (Callitropsis nootkatensis); Alaska, California,
Oregon, Washington, U.S.A.; Canada
Petition History
On June 24, 2014, we received a petition dated June 24, 2014, from
Center for Biological Diversity, The Boat Company, Greater Southeast
Alaska Conservation Community, and Greenpeace, requesting that yellow-
cedar be listed as a endangered or threatenedspecies under the Act. The
petition clearly identified itself as such and included the requisite
identification information for the petitioner, required at 50 CFR
424.14(a). This finding addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted for yellow-cedar (Callitropsis nootkatensis) based on Factors
A, B, and E.
Thus, for yellow-cedar, 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,
above).
Conclusion
On the basis of our evaluation of the information presented under
section 4(b)(3)(A) of the Act, we have determined that the petitions
summarized above for Clear Lake hitch, Egyptian tortoise, golden
conure, long-tailed chinchilla, Mojave shoulderband snail, northern
spotted owl, relict dace, San Joaquin Valley giant flower-loving fly,
western pond turtle, and yellow-cedar present substantial scientific or
commercial information indicating that the requested actions may be
warranted. Because we have found that the petitions present substantial
information indicating that the petitioned actions may be warranted, we
are initiating status reviews to determine whether these actions under
the Act are warranted. At the conclusion of the status reviews, we will
issue a 12-month finding in accordance with section 4(b)(3)(B) of the
Act, as to whether or not the Service believes listing,
reclassification, or delisting, as appropriate, is warranted.
It is important to note that the ``substantial information''
standard for a 90-day finding as to whether the petitioned action may
be warranted differs from the Act's ``best scientific and commercial
data'' standard that applies to the Service's determination in a 12-
month finding as to whether a petitioned action is in fact warranted. A
90-day finding is not based on a status review. In a 12-month finding,
we will determine whether a petitioned action is warranted after we
have completed a thorough status review of the species, which is
conducted following a substantial 90-day finding. Because the Act's
standards for 90-day and 12-month findings are different, as described
above, a substantial 90-day finding does not mean that the 12-month
finding will result in a warranted finding.
5-Year Review
The status reviews of golden conure and northern spotted owl will
also serve as the 5-year reviews for thesetheses species. Section
4(c)(2)(A) of the Act requires that we conduct a review of listed
species at least once every 5 years. Our regulations at 50 CFR 424.21
require that we publish a notice in the Federal Register announcing
those species under active review. For additional information about 5-
year reviews, go to https://www.fws.gov/endangered/what-we-do/recovery-overview.html, scroll down to ``Learn More about 5-Year Reviews,'' and
click on our factsheet.
References Cited
A complete list of references cited is available on the Internet at
https://www.regulations.gov and upon request from the appropriate lead
field offices (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this document are the staff members of the
Branch of Foreign Species, Ecological Services Program, U.S. Fish and
Wildlife Service.
Authority
The authority for these actions is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: March 30, 2015.
Robert Dreher,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2015-07837 Filed 4-9-15; 8:45 am]
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