Endangered and Threatened Wildlife and Plants; 90-Day Findings on 10 Petitions, 63160-63165 [2016-22071]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[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 10 petitions to list,
reclassify, or delist fish, wildlife, or
plants under the Endangered Species
Act of 1973, as amended (Act). Based on
our review, we find that six petitions do
not present substantial scientific or
commercial information indicating that
the petitioned actions may be
warranted, and we are not initiating
status reviews in response to these
petitions. We refer to these as ‘‘notsubstantial’’ petition findings. We also
find that four petitions present
substantial scientific or commercial
information indicating that the
petitioned actions may be warranted.
Therefore, with the publication of this
document, we announce that we plan to
initiate a review of the status of these
species to determine if the petitioned
actions are warranted. To ensure that
these status reviews are comprehensive,
SUMMARY:
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: When we conduct status
reviews, we will consider all
information that we have received. To
ensure that we will have adequate time
to consider submitted information
during the status reviews, we request
that we receive information no later
than November 14, 2016. For
information submitted electronically
using the Federal eRulemaking Portal
(see ADDRESSES, below), this would
mean submitting the information
electronically by 11:59 p.m. Eastern
Time on that date.
ADDRESSES: Not-substantial petition
findings: The not-substantial petition
findings announced in this document
are available on https://
www.regulations.gov under the
appropriate docket number (see Table 2,
below), or on the Service’s Web site at
https://ecos.fws.gov. Supporting
information in preparing these findings
is available for public inspection, by
appointment, during normal business
hours by contacting the appropriate
person, as specified under FOR FURTHER
INFORMATION CONTACT. If you have new
information concerning the status of, or
threats to, any of these species or their
habitats, please submit that information
to the person listed under FOR FURTHER
INFORMATION CONTACT.
Status reviews: 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 1, below). You may submit
information by clicking on ‘‘Comment
Now!’’ If your information will fit in the
provided comment box, please use this
feature of https://www.regulations.gov, as
it is most compatible with our
information review procedures. If you
attach your information as a separate
document, our preferred file format is
Microsoft Word. If you attach multiple
comments (such as form letters), our
preferred format is a spreadsheet in
Microsoft Excel.
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: [Insert appropriate
docket number; see Table 1, 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 Request for Information for Status
Reviews, below, for more details).
TABLE 1—LIST OF ‘‘SUBSTANTIAL’’ FINDINGS FOR WHICH A STATUS REVIEW IS BEING INITIATED
Common name
Docket No.
Florida scrub lizard ..........................
Joshua tree .....................................
Lassics lupine ..................................
Lesser Virgin Islands skink .............
FWS–R4–ES–2015–0087
FWS–R8–ES–2016–0088
FWS–R8–ES–2016–0089
FWS–R4–ES–2015–0098
URL to Docket in Regulations.gov
.............
.............
.............
.............
https://www.regulations.gov/docket?D=FWS-R4-ES-2015-0087.
https://www.regulations.gov/docket?D=FWS-R8-ES-2016-0088.
https://www.regulations.gov/docket?D=FWS-R8-ES-2016-0089.
https://www.regulations.gov/docket?D=FWS-R4-ES-2015-0098.
TABLE 2—LIST OF ‘‘NOT SUBSTANTIAL’’ FINDINGS
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Common name
Docket No.
Fourche Mountain salamander .......
American Pika .................................
Ricord’s rock iguana .......................
Spectacled eider (delist) .................
Steller’s eider (Alaska population)
(delist).
Wyoming pocket gopher .................
FWS–R4–ES–2016–0096
FWS–R6–ES–2016–0091
FWS–HQ–ES–2016–0092
FWS–R7–ES–2016–0041
FWS–R7–ES–2016–0093
URL to Docket in Regulations.gov
.............
.............
.............
.............
.............
https://www.regulations.gov/docket?D=FWS-R4-ES-2016-0096.
https://www.regulations.gov/docket?D=FWS-R6-ES-2016-0091.
https://www.regulations.gov/docket?D=FWS-HQ-ES-2016-0092.
https://www.regulations.gov/docket?D=FWS-R7-ES-2016-0041.
https://www.regulations.gov/docket?D=FWS-R7-ES-2016-0093.
FWS–R6–ES–2016–0094 .............
https://www.regulations.gov/docket?D=FWS-R6-ES-2016-0094.
FOR FURTHER INFORMATION CONTACT:
Common name
Contact person
Florida scrub lizard .........................
Fourche Mountain salamander .......
Joshua tree .....................................
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Andreas Moshogianis, 404–679–7119; Andreas_Moshogianis@fws.gov.
Melvin Tobin, 501–513–4473; Melvin_Tobin@fws.gov.
Mendel Stewart, 760–431–9440; Mendel_Stewart@fws.gov.
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Common name
Contact person
Lassics lupine .................................
Lesser Virgin Islands skink .............
American Pika .................................
Ricords rock iguana ........................
Spectacled eider .............................
Steller’s eider (Alaska population) ..
Wyoming pocket gopher .................
Bruce Bingham, 707–822–7201; Bruce_Bingham@fws.gov.
Andreas Moshogianis, 404–679–7119; Andreas_Moshogianis@fws.gov.
Justin Shoemaker, 309–757–5800; Justin_Shoemaker@fws.gov.
Emily Weller, 703–358–2171; Emily_Weller@fws.gov.
Drew Crane, 907–786–3323; Drew_Crane@fws.gov.
Drew Crane, 907–786–3323; Drew_Crane@fws.gov.
Justin Shoemaker, 309–757–5800; Justin_Shoemaker@fws.gov.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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 for Status
Reviews
When we make a finding that a
petition presents substantial
information indicating that listing,
reclassifying, or delisting a species may
be warranted, we are required to 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; and
(d) Historical and current population
levels, and current and projected trends.
(2) The five factors that are the basis
for making a listing, reclassifying, or
delisting determination for a species
under section 4(a) of the Act (16 U.S.C.
1531 et seq.), including past and
ongoing conservation measures that
could decrease the extent to which one
or more of the factors affect the species,
its habitat, or both. The five factors 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,
and the extent to which it affects the
habitat or range of the species.
If, after the status review, we
determine that listing is warranted, we
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will propose critical habitat (see
definition in section 3(5)(A) of the Act)
for domestic (U.S.) species under
section 4 of the Act, to the maximum
extent prudent and determinable at the
time we propose to list the species.
Therefore, we also request data and
information for the species listed above
in Table 1 (to be submitted as provided
for in ADDRESSES) on:
(1) What may constitute ‘‘physical or
biological features essential to the
conservation of the species,’’ within the
geographical range occupied by the
species;
(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
species 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 species is proposed for listing, and
why such habitat falls within the
definition of ‘‘critical habitat’’ at section
3(5) 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 ADDRESSES. If
you submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the Web site. If you submit a
hardcopy that includes personal
identifying information, you may
request at the top of your document that
we withhold this personal identifying
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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.
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 regulations in the Code of Federal
Regulations (CFR) establish that the
standard for substantial scientific or
commercial information 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 a petition presents substantial
scientific or commercial information,
we are required to promptly commence
a review of the status of the species, and
we will subsequently summarize the
status review 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. Under Sections 4(a), 3(6),
and 3(20), a species qualifies as an
‘‘endangered species’’ if it is in danger
of extinction throughout all or a
significant portion of its range because
of one or more of the five factors
described in section 4(a)(1) of the Act
(see Request for Information for Status
Reviews, above); a species qualifies as a
‘‘threatened species’’ if it is likely to
become an ‘‘endangered species’’ within
the foreseeable future throughout all or
a significant portion of its range because
of one or more of those five factors.
In considering whether conditions
described within one or more of the
factors might constitute threats to a
particular species, we must look beyond
the exposure of the species to those
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conditions to evaluate whether the
species may respond to the conditions
in a way that causes actual impacts to
the species. If there is exposure to a
condition and the species responds
negatively, the condition qualifies as a
stressor and, during the subsequent
status review, we attempt to determine
how significant the stressor is. If the
stressor is sufficiently significant that it
drives, or contributes to, the risk of
extinction of the species such that the
species may warrant listing as
endangered or threatened as those terms
are defined in the Act, the stressor
constitutes a threat to the species. Thus,
the identification of conditions that
could affect 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 conditions may be
operative threats that act on the species
to a sufficient degree that the species
may meet the definition of an
endangered or threatened species under
the Act.
Evaluation of a Petition To List the
Florida Scrub Lizard as an Endangered
or Threatened Species Under the Act
Species and Range
Florida scrub lizard (Sceloporus
woodi): Florida.
Petition History
On July 11, 2012, we received a
petition dated July 11, 2012, from the
Center for Biological Diversity,
requesting that 53 species of reptiles
and amphibians, including the Florida
scrub lizard, be listed under the Act as
endangered or threatened species and
critical habitat be designated 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.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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 the
Florida scrub lizard (Sceloporus woodi)
may be warranted, based on Factors A
and E. However, during our status
review, we will thoroughly evaluate all
potential threats to the species,
including the extent to which any
protections or other conservation efforts
have reduced those threats. Thus, for
this species, the Service requests any
information relevant to whether the
species falls within the definition of
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either ‘‘endangered species’’ under
section 3(6) of the Act or ‘‘threatened
species’’ under section 3(20) of the Act,
including information on the five listing
factors under section 4(a)(1) and any
other factors identified in this finding
(see Request for Information for Status
Reviews, above).
The basis for our finding on this
petition, and other information
regarding our review of the petition, can
be found as an appendix at https://
www.regulations.gov under Docket No.
FWS–R4–ES–2015–0087 under the
Supporting Documents section.
Evaluation of a Petition To List the
Fourche Mountain Salamander as an
Endangered or Threatened Species
Under the Act
Species and Range
Fourche Mountain salamander
(Plethodon fourchensis): Arizona.
Petition History
On July 11, 2012, we received a
petition dated July 11, 2012, from the
Center for Biological Diversity
requesting that 53 species of reptiles
and amphibians, including the Fourche
Mountain salamander, be listed under
the Act as endangered or threatened
species and critical habitat be
designated 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 does not present
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the Fourche Mountain salamander
(Plethodon fourchensis). The basis and
scientific support for this finding can be
found as an appendix at https://
www.regulations.gov under Docket No.
FWS–R4–ES–2016–0096 under the
Supporting Documents section. Because
the petition does not present substantial
information indicating that listing the
Fourche Mountain salamander may be
warranted, we are not initiating a status
review of this species in response to this
petition. However, we ask that the
public submit to us any new
information that becomes available
concerning the status of, or threats to,
this species or its habitat at any time
(see FOR FURTHER INFORMATION CONTACT).
Additional information regarding our
review of the petition, can be found as
an appendix at https://
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www.regulations.gov under Docket No.
FWS–R4–ES–2016–0096 under the
Supporting Documents section.
Evaluation of a Petition To List the
Joshua Tree as an Endangered or
Threatened Species Under the Act
Species and Range
Joshua tree (Yucca brevifolia):
Arizona, California, Nevada, and Utah.
Petition History
On September 29, 2015, we received
a petition dated September 28, 2015,
from Taylor Jones (representing Wild
Earth Guardians), requesting that Yucca
brevifolia (Joshua tree)—either as a full
species (Yucca brevifolia) or as two
infraspecific taxa—be listed as
threatened and, if applicable, critical
habitat be designated 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). On December 8,
2015, in a letter to the petitioner, we
responded that we reviewed the
information presented in the petition
and did not find that an emergency
listing under Section 4(b)(7) of the Act
was necessary. 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 the
Joshua tree (Yucca brevifolia) may be
warranted, based on Factors A and E.
However, during our status review, we
will thoroughly evaluate all potential
threats to the species, including the
extent to which any protections or other
conservation efforts have reduced those
threats. Thus, for this species, the
Service requests any information
relevant to whether the species falls
within the definition of either
‘‘endangered species’’ under section 3(6)
of the Act or ‘‘threatened species’’ under
section 3(20), including information on
the five listing factors under section
4(a)(1) and any other factors identified
in this finding (see Request for
Information for Status Reviews, above).
The basis for our finding on this
petition, and other information
regarding our review of the petition, can
be found as an appendix at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2016–0088 under the
Supporting Documents section.
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Evaluation of a Petition To List Lassics
Lupine as an Endangered or
Threatened Species Under the Act
Species and Range
Lassics lupine (Lupinus constancei):
California.
On January 15, 2016, we received a
petition, dated January 15, 2016, from
David Imper, Sydney Carothers, the
Center for Biological Diversity, and the
California Native Plant Society,
requesting that Lassics lupine (Lupinus
constancei) be emergency listed as
endangered and critical habitat
designated for this 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).
This finding addresses the petition. On
March 29, 2016, we sent the petitioners
a letter notifying them of receipt of the
petition. Because the Act does not
provide for petitions to emergency list,
we treat petitions to emergency list as
regular petitions to list under the Act.
However, in evaluating petitions to list,
we consider whether emergency listing
under Section 4(b)(7) of the Act is
necessary. As a result, our letter
notifying petitioners of receipt of the
petition also informed them that we did
not find that emergency listing was
necessary.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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 the
Lassics lupine (Lupinus constancei) may
be warranted, based on Factors A, C,
and E. However, during our status
review, we will thoroughly evaluate all
potential threats to the species,
including the extent to which any
protections or other conservation efforts
have reduced those threats. Thus, for
this species, the Service requests any
information relevant to whether the
species falls within the definition of
either ‘‘endangered species’’ under
section 3(6) of the Act or ‘‘threatened
species’’ under section 3(20), including
information on the five listing factors
under section 4(a)(1) and any other
factors identified in this finding (see
Request for Information for Status
Reviews, above).
The basis for our finding on this
petition, and other information
regarding our review of the petition, can
be found as an appendix at https://
www.regulations.gov under Docket No.
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Evaluation of a Petition To List the
Lesser Virgin Islands Skink as an
Endangered or Threatened Species
Under the Act
Species and Range
Petition History
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Supporting Documents section.
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Lesser Virgin Islands skink
(Spondylurus semitaeniatus): Virgin
Islands.
Petition History
On February 11, 2014, we received a
petition dated February 11, 2014, from
the Center for Biological Diversity,
requesting that the Culebra skink, Mona
skink, Monito skink, lesser Virgin
Islands skink, Virgin Islands bronze
skink, Puerto Rican skink, greater Saint
Croix skink, greater Virgin Islands
skink, and lesser Saint Croix skink be
listed as endangered and critical habitat
be designated for these 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).
We acknowledged receipt of this
petition via email (from Doug Krofta to
Collette Adkins Giese) on February 12,
2014. This finding addresses the lesser
Virgin Islands skink. The Culebra skink,
greater Saint Croix skink, Mona skink,
Puerto Rican skink, Virgin Islands
bronze skink, greater Virgin Islands
skink, and lesser Saint Croix skink were
addressed in a separate evaluation,
which published in the Federal Register
on January 12, 2016 (81 FR 1368). The
Monito skink was addressed in a
separate evaluation which published in
the Federal Register on March 16, 2016
(81 FR 14058).
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 the
lesser Virgin Islands skink (Spondylurus
semitaeniatus) may be warranted, based
on Factors C and D. However, during
our status review, we will thoroughly
evaluate all potential threats to the
species, including the extent to which
any protections or other conservation
efforts have reduced those threats. Thus,
for this species, the Service requests any
information relevant to whether the
species falls within the definition of
either ‘‘endangered species’’ under
section 3(6) of the Act or ‘‘threatened
species’’ under section 3(20), including
information on the five listing factors
under section 4(a)(1) and any other
factors identified in this finding (see
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Request for Information for Status
Reviews, above).
The basis for our finding on this
petition, and other information
regarding our review of the petition, can
be found as an appendix at https://
www.regulations.gov under Docket No.
FWS–R4–ES–2015–0098 under the
Supporting Documents section.
Evaluation of a Petition To List the
American Pika as an Endangered or
Threatened Species Under the Act
Species and Range
Pika, American (Ochotona princeps):
Colorado, Idaho, Montana, Nevada,
Utah, Wyoming, Canada (British
Columbia and Alberta).
Petition History
On April 21, 2016, we received a
petition dated April 14, 2016, from Mr.
Timothy Eng, requesting that the
American pika (Ochotona princeps) be
listed as endangered or threatened and
critical habitat be designated for this
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). This finding
addresses the petition.
Finding
Based on our review of the petition
and sources cited in the petition, we
find that the petition does not present
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the American pika (Ochotona princeps).
The basis and scientific support for this
finding can be found as an appendix at
https://www.regulations.gov under
Docket No. FWS–R6–ES–2016–0091
under the Supporting Documents
section. Because the petition does not
present substantial information
indicating that listing the American pika
may be warranted, we are not initiating
a status review of this species in
response to this petition. However, we
ask that the public submit to us any new
information that becomes available
concerning the status of, or threats to,
the American pika or its habitat at any
time (see FOR FURTHER INFORMATION
CONTACT).
Additional information regarding our
review of the petition, can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–R6–ES–2016–0091 under the
Supporting Documents section.
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Evaluation of a Petition To List Ricord’s
Rock Iguana as an Endangered or
Threatened Species Under the Act
Species and Range
Ricord’s rock iguana (Cyclura
ricordii): Dominican Republic, Haiti.
Petition History
On March 17, 2016, we received a
petition dated March 14, 2016, from
Grupo Jaragua, International Iguana
Foundation, International Reptile
Conservation Foundation, and the
Zoological Society of San Diego,
requesting that Ricord’s rock iguana
(Cyclura ricordii) be listed as
endangered or threatened under the Act.
The petition clearly identified itself as
such and included the requisite
identification information for the
petitioner, required at 50 CFR 424.14(a).
This finding addresses the petition.
Finding
Based on our review of the petition
and sources cited in the petition, we
find that the petition does not present
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the Ricord’s rock iguana (Cyclura
ricordii). The basis and scientific
support for this finding can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–HQ–ES–2016–0092 under the
Supporting Documents section. Because
the petition does not present substantial
information indicating that listing the
Ricord’s rock iguana may be warranted,
we are not initiating a status review of
this species in response to this petition.
However, we ask that the public submit
to us any new information that becomes
available concerning the status of, or
threats to, this species or its habitat at
any time (see FOR FURTHER INFORMATION
CONTACT).
Additional information regarding our
review of the petition, can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–HQ–ES–2016–0092 under the
Supporting Documents section.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Evaluation of a Petition To Delist the
Spectacled Eider Under the Act
Species and Range
Spectacled eider (Somateria fischeri):
Alaska.
Petition History
On March 30, 2016, we received a
petition dated January 29, 2016, from
Tim Langer, Ph.D., requesting that the
spectacled eider and Alaska-breeding
Steller’s eider be delisted due to error in
information under the Act. The petition
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20:52 Sep 13, 2016
Jkt 238001
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 does not present
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the spectacled eider (Somateria
fischeri). The basis and scientific
support for this finding can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–R7–ES–2016–0041 under the
Supporting Documents section. Because
the petition does not present substantial
information indicating that delisting the
spectacled eider may be warranted, we
are not initiating a status review of this
species in response to this petition.
However, we ask that the public submit
to us any new information that becomes
available concerning the status of, or
threats to, this species or its habitat at
any time (see FOR FURTHER INFORMATION
CONTACT).
Additional information regarding our
review of the petition, can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–R7–ES–2016–0041 under the
Supporting Documents section.
Evaluation of a Petition To Delist the
Steller’s Eider Under the Act
Species and Range
Steller’s eider (Polysticta stelleri)
(Alaska Population): Alaska.
Petition History
On March 30, 2016, we received a
petition dated January 29, 2016, from
Tim Langer, Ph.D., requesting that the
spectacled eider and Alaska-breeding
Steller’s eider be delisted due to error in
information 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 does not present
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the Alaska-breeding Steller’s eider
(Polysticta stelleri). The basis and
scientific support for this finding can be
found as an appendix at https://
www.regulations.gov under Docket No.
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
FWS–R7–ES–2016–0093 under the
Supporting Documents section. Because
the petition does not present substantial
information indicating that delisting the
Steller’s eider may be warranted, we are
not initiating a status review of this
species in response to this petition.
However, we ask that the public submit
to us any new information that becomes
available concerning the status of, or
threats to, this species or its habitat at
any time (see FOR FURTHER INFORMATION
CONTACT).
Additional information regarding our
review of the petition, can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–R7–ES–2016–0093 under the
Supporting Documents section.
Evaluation of a Petition To List the
Wyoming Pocket Gopher as an
Endangered or Threatened Species
Under the Act
Species and Range
Wyoming pocket gopher (Thomomys
clusius): Colorado and Wyoming.
Petition History
On April 15, 2016, we received a
petition dated April 6, 2016, from
WildEarth Guardians, requesting that
Wyoming pocket gopher be listed as
endangered and critical habitat be
designated for this 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).
This finding addresses the petition.
Finding
Based on our review of the petition,
and sources cited in the petition, we
find that the petition does not present
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the Wyoming pocket gopher (Thomomys
clusius). The basis and scientific
support for this finding can be found as
an appendix at https://
www.regulations.gov under Docket No.
FWS–R6–ES–2016–0094 under the
Supporting Documents section. Because
the petition does not present substantial
information indicating that listing the
Wyoming pocket gopher may be
warranted, we are not initiating a status
review of this species in response to this
petition. However, we ask that the
public submit to us any new
information that becomes available
concerning the status of, or threats to,
the Wyoming pocket gopher or its
habitat at any time (see FOR FURTHER
INFORMATION CONTACT).
Additional information regarding our
review of the petition, can be found as
E:\FR\FM\14SEP1.SGM
14SEP1
Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Proposed Rules
an appendix at https://
www.regulations.gov under Docket No.
FWS–R6–ES–2016–0094 under the
Supporting Documents section.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Conclusion
On the basis of our evaluation of the
information presented in the petitions
under section 4(b)(3)(A) of the Act, we
have determined that the petitions
summarized above for the Fourche
Mountain salamander, American pika,
Ricord’s rock iguana, spectacled eider,
Alaska-breeding Steller’s eider, and the
Wyoming pocket gopher do not present
substantial scientific or commercial
information indicating that the
requested actions may be warranted.
Therefore, we are not initiating status
reviews for these species.
We have determined that the petitions
summarized above for the Florida scrub
lizard, Joshua tree, Lassics lupine, and
lesser Virgin Islands skink present
substantial scientific or commercial
information indicating that the
requested actions may be warranted.
Because we have found that these
petitions present substantial
VerDate Sep<11>2014
20:52 Sep 13, 2016
Jkt 238001
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 each status review, we will issue a
finding, in accordance with section
4(b)(3)(B) of the Act, as to whether or
not the Service finds that the petitioned
action is warranted.
It is important to note that the
standard for a 90-day finding differs
from the Act’s standard that applies to
a status review to determine whether a
petitioned action is warranted. In
making a 90-day finding, we consider
only the information in the petition and
sources cited in the petition, and we
evaluate merely whether that
information constitutes ‘‘substantial
information’’ indicating that the
petitioned action ‘‘may be warranted.’’
In a 12-month finding, we must
complete a thorough status review of the
species and evaluate the ‘‘best scientific
and commercial data available’’ to
determine whether a petitioned action
‘‘is warranted.’’ Because the Act’s
PO 00000
Frm 00017
Fmt 4702
Sfmt 9990
63165
standards for 90-day and 12-month
findings are different, a ‘‘substantial’’
90-day finding does not mean that the
12-month finding will result in a
‘‘warranted’’ finding.
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
(contact the person listed under FOR
FURTHER INFORMATION CONTACT).
Authors
The primary authors of this notice are
staff members of the 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: September 1, 2016.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2016–22071 Filed 9–13–16; 8:45 am]
BILLING CODE 4333–15–P
E:\FR\FM\14SEP1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Proposed Rules]
[Pages 63160-63165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22071]
[[Page 63160]]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[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 10 petitions to list, reclassify, or delist fish,
wildlife, or plants under the Endangered Species Act of 1973, as
amended (Act). Based on our review, we find that six petitions do not
present substantial scientific or commercial information indicating
that the petitioned actions may be warranted, and we are not initiating
status reviews in response to these petitions. We refer to these as
``not-substantial'' petition findings. We also find that four petitions
present substantial scientific or commercial information indicating
that the petitioned actions may be warranted. Therefore, with the
publication of this document, we announce that we plan to initiate a
review of the status of these species to determine if the petitioned
actions are warranted. 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: When we conduct status reviews, we will consider all information
that we have received. To ensure that we will have adequate time to
consider submitted information during the status reviews, we request
that we receive information no later than November 14, 2016. For
information submitted electronically using the Federal eRulemaking
Portal (see ADDRESSES, below), this would mean submitting the
information electronically by 11:59 p.m. Eastern Time on that date.
ADDRESSES: Not-substantial petition findings: The not-substantial
petition findings announced in this document are available on https://www.regulations.gov under the appropriate docket number (see Table 2,
below), or on the Service's Web site at https://ecos.fws.gov. Supporting
information in preparing these findings is available for public
inspection, by appointment, during normal business hours by contacting
the appropriate person, as specified under FOR FURTHER INFORMATION
CONTACT. If you have new information concerning the status of, or
threats to, any of these species or their habitats, please submit that
information to the person listed under FOR FURTHER INFORMATION CONTACT.
Status reviews: 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 1, below). You may submit information by clicking on
``Comment Now!'' If your information will fit in the provided comment
box, please use this feature of https://www.regulations.gov, as it is
most compatible with our information review procedures. If you attach
your information as a separate document, our preferred file format is
Microsoft Word. If you attach multiple comments (such as form letters),
our preferred format is a spreadsheet in Microsoft Excel.
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: [Insert appropriate docket number; see Table
1, 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 Request for Information for
Status Reviews, below, for more details).
Table 1--List of ``Substantial'' Findings for Which a Status Review Is
Being Initiated
------------------------------------------------------------------------
URL to Docket in
Common name Docket No. Regulations.gov
------------------------------------------------------------------------
Florida scrub lizard.......... FWS-R4-ES-2015-00 https://
87. www.regulations.gov/
docket?D=FWS-R4-ES-
2015-0087.
Joshua tree................... FWS-R8-ES-2016-00 https://
88. www.regulations.gov/
docket?D=FWS-R8-ES-
2016-0088.
Lassics lupine................ FWS-R8-ES-2016-00 https://
89. www.regulations.gov/
docket?D=FWS-R8-ES-
2016-0089.
Lesser Virgin Islands skink... FWS-R4-ES-2015-00 https://
98. www.regulations.gov/
docket?D=FWS-R4-ES-
2015-0098.
------------------------------------------------------------------------
Table 2--List of ``Not Substantial'' Findings
------------------------------------------------------------------------
URL to Docket in
Common name Docket No. Regulations.gov
------------------------------------------------------------------------
Fourche Mountain salamander... FWS-R4-ES-2016-00 https://
96. www.regulations.gov/
docket?D=FWS-R4-ES-
2016-0096.
American Pika................. FWS-R6-ES-2016-00 https://
91. www.regulations.gov/
docket?D=FWS-R6-ES-
2016-0091.
Ricord's rock iguana.......... FWS-HQ-ES-2016-00 https://
92. www.regulations.gov/
docket?D=FWS-HQ-ES-
2016-0092.
Spectacled eider (delist)..... FWS-R7-ES-2016-00 https://
41. www.regulations.gov/
docket?D=FWS-R7-ES-
2016-0041.
Steller's eider (Alaska FWS-R7-ES-2016-00 https://
population) (delist). 93. www.regulations.gov/
docket?D=FWS-R7-ES-
2016-0093.
Wyoming pocket gopher......... FWS-R6-ES-2016-00 https://
94. www.regulations.gov/
docket?D=FWS-R6-ES-
2016-0094.
------------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT:
------------------------------------------------------------------------
Common name Contact person
------------------------------------------------------------------------
Florida scrub lizard.............. Andreas Moshogianis, 404-679-7119;
Andreas_Moshogianis@fws.gov.
Fourche Mountain salamander....... Melvin Tobin, 501-513-4473;
Melvin_Tobin@fws.gov.
Joshua tree....................... Mendel Stewart, 760-431-9440;
Mendel_Stewart@fws.gov.
[[Page 63161]]
Lassics lupine.................... Bruce Bingham, 707-822-7201;
Bruce_Bingham@fws.gov.
Lesser Virgin Islands skink....... Andreas Moshogianis, 404-679-7119;
Andreas_Moshogianis@fws.gov.
American Pika..................... Justin Shoemaker, 309-757-5800;
Justin_Shoemaker@fws.gov.
Ricords rock iguana............... Emily Weller, 703-358-2171;
Emily_Weller@fws.gov.
Spectacled eider.................. Drew Crane, 907-786-3323;
Drew_Crane@fws.gov.
Steller's eider (Alaska Drew Crane, 907-786-3323;
population). Drew_Crane@fws.gov.
Wyoming pocket gopher............. Justin Shoemaker, 309-757-5800;
Justin_Shoemaker@fws.gov.
------------------------------------------------------------------------
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 for Status Reviews
When we make a finding that a petition presents substantial
information indicating that listing, reclassifying, or delisting a
species may be warranted, we are required to 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;
and
(d) Historical and current population levels, and current and
projected trends.
(2) The five factors that are the basis for making a listing,
reclassifying, or delisting determination for a species under section
4(a) of the Act (16 U.S.C. 1531 et seq.), including past and ongoing
conservation measures that could decrease the extent to which one or
more of the factors affect the species, its habitat, or both. The five
factors 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, and the extent to which it affects the habitat or range of the
species.
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) for domestic (U.S.) species under section 4 of the
Act, to the maximum extent prudent and determinable at the time we
propose to list the species. Therefore, we also request data and
information for the species listed above in Table 1 (to be submitted as
provided for in ADDRESSES) on:
(1) What may constitute ``physical or biological features essential
to the conservation of the species,'' within the geographical range
occupied by the species;
(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
species 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 species is proposed for listing, and why such
habitat falls within the definition of ``critical habitat'' at section
3(5) 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 ADDRESSES. If you submit information via
https://www.regulations.gov, your entire submission--including any
personal identifying information--will be posted on the Web site. If
you submit a hardcopy that includes personal identifying information,
you may request at the top of your document that we withhold this
personal identifying information from public review. However, we cannot
guarantee that we will be able to do so. We will post all hardcopy
submissions on https://www.regulations.gov.
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 regulations in the Code of Federal Regulations (CFR) establish
that the standard for substantial scientific or commercial information
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 a petition presents substantial scientific or
commercial information, we are required to promptly commence a review
of the status of the species, and we will subsequently summarize the
status review 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. Under Sections 4(a), 3(6), and 3(20), a
species qualifies as an ``endangered species'' if it is in danger of
extinction throughout all or a significant portion of its range because
of one or more of the five factors described in section 4(a)(1) of the
Act (see Request for Information for Status Reviews, above); a species
qualifies as a ``threatened species'' if it is likely to become an
``endangered species'' within the foreseeable future throughout all or
a significant portion of its range because of one or more of those five
factors.
In considering whether conditions described within one or more of
the factors might constitute threats to a particular species, we must
look beyond the exposure of the species to those
[[Page 63162]]
conditions to evaluate whether the species may respond to the
conditions in a way that causes actual impacts to the species. If there
is exposure to a condition and the species responds negatively, the
condition qualifies as a stressor and, during the subsequent status
review, we attempt to determine how significant the stressor is. If the
stressor is sufficiently significant that it drives, or contributes to,
the risk of extinction of the species such that the species may warrant
listing as endangered or threatened as those terms are defined in the
Act, the stressor constitutes a threat to the species. Thus, the
identification of conditions that could affect 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 conditions may be operative
threats that act on the species to a sufficient degree that the species
may meet the definition of an endangered or threatened species under
the Act.
Evaluation of a Petition To List the Florida Scrub Lizard as an
Endangered or Threatened Species Under the Act
Species and Range
Florida scrub lizard (Sceloporus woodi): Florida.
Petition History
On July 11, 2012, we received a petition dated July 11, 2012, from
the Center for Biological Diversity, requesting that 53 species of
reptiles and amphibians, including the Florida scrub lizard, be listed
under the Act as endangered or threatened species and critical habitat
be designated 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 listing the Florida scrub lizard
(Sceloporus woodi) may be warranted, based on Factors A and E. However,
during our status review, we will thoroughly evaluate all potential
threats to the species, including the extent to which any protections
or other conservation efforts have reduced those threats. Thus, for
this species, the Service requests any information relevant to whether
the species falls within the definition of either ``endangered
species'' under section 3(6) of the Act or ``threatened species'' under
section 3(20) of the Act, including information on the five listing
factors under section 4(a)(1) and any other factors identified in this
finding (see Request for Information for Status Reviews, above).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-R4-ES-2015-0087 under
the Supporting Documents section.
Evaluation of a Petition To List the Fourche Mountain Salamander as an
Endangered or Threatened Species Under the Act
Species and Range
Fourche Mountain salamander (Plethodon fourchensis): Arizona.
Petition History
On July 11, 2012, we received a petition dated July 11, 2012, from
the Center for Biological Diversity requesting that 53 species of
reptiles and amphibians, including the Fourche Mountain salamander, be
listed under the Act as endangered or threatened species and critical
habitat be designated 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 does not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted for the Fourche Mountain salamander (Plethodon
fourchensis). The basis and scientific support for this finding can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-R4-ES-2016-0096 under the Supporting Documents section. Because the
petition does not present substantial information indicating that
listing the Fourche Mountain salamander may be warranted, we are not
initiating a status review of this species in response to this
petition. However, we ask that the public submit to us any new
information that becomes available concerning the status of, or threats
to, this species or its habitat at any time (see FOR FURTHER
INFORMATION CONTACT).
Additional information regarding our review of the petition, can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-R4-ES-2016-0096 under the Supporting Documents section.
Evaluation of a Petition To List the Joshua Tree as an Endangered or
Threatened Species Under the Act
Species and Range
Joshua tree (Yucca brevifolia): Arizona, California, Nevada, and
Utah.
Petition History
On September 29, 2015, we received a petition dated September 28,
2015, from Taylor Jones (representing Wild Earth Guardians), requesting
that Yucca brevifolia (Joshua tree)--either as a full species (Yucca
brevifolia) or as two infraspecific taxa--be listed as threatened and,
if applicable, critical habitat be designated 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). On December 8, 2015, in a letter to the petitioner, we
responded that we reviewed the information presented in the petition
and did not find that an emergency listing under Section 4(b)(7) of the
Act was necessary. 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 the Joshua tree (Yucca
brevifolia) may be warranted, based on Factors A and E. However, during
our status review, we will thoroughly evaluate all potential threats to
the species, including the extent to which any protections or other
conservation efforts have reduced those threats. Thus, for this
species, the Service requests any information relevant to whether the
species falls within the definition of either ``endangered species''
under section 3(6) of the Act or ``threatened species'' under section
3(20), including information on the five listing factors under section
4(a)(1) and any other factors identified in this finding (see Request
for Information for Status Reviews, above).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-R8-ES-2016-0088 under
the Supporting Documents section.
[[Page 63163]]
Evaluation of a Petition To List Lassics Lupine as an Endangered or
Threatened Species Under the Act
Species and Range
Lassics lupine (Lupinus constancei): California.
Petition History
On January 15, 2016, we received a petition, dated January 15,
2016, from David Imper, Sydney Carothers, the Center for Biological
Diversity, and the California Native Plant Society, requesting that
Lassics lupine (Lupinus constancei) be emergency listed as endangered
and critical habitat designated for this 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). This finding addresses the petition. On March 29, 2016, we
sent the petitioners a letter notifying them of receipt of the
petition. Because the Act does not provide for petitions to emergency
list, we treat petitions to emergency list as regular petitions to list
under the Act. However, in evaluating petitions to list, we consider
whether emergency listing under Section 4(b)(7) of the Act is
necessary. As a result, our letter notifying petitioners of receipt of
the petition also informed them that we did not find that emergency
listing was necessary.
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 the Lassics lupine
(Lupinus constancei) may be warranted, based on Factors A, C, and E.
However, during our status review, we will thoroughly evaluate all
potential threats to the species, including the extent to which any
protections or other conservation efforts have reduced those threats.
Thus, for this species, the Service requests any information relevant
to whether the species falls within the definition of either
``endangered species'' under section 3(6) of the Act or ``threatened
species'' under section 3(20), including information on the five
listing factors under section 4(a)(1) and any other factors identified
in this finding (see Request for Information for Status Reviews,
above).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-R8-ES-2016-0089 under
the Supporting Documents section.
Evaluation of a Petition To List the Lesser Virgin Islands Skink as an
Endangered or Threatened Species Under the Act
Species and Range
Lesser Virgin Islands skink (Spondylurus semitaeniatus): Virgin
Islands.
Petition History
On February 11, 2014, we received a petition dated February 11,
2014, from the Center for Biological Diversity, requesting that the
Culebra skink, Mona skink, Monito skink, lesser Virgin Islands skink,
Virgin Islands bronze skink, Puerto Rican skink, greater Saint Croix
skink, greater Virgin Islands skink, and lesser Saint Croix skink be
listed as endangered and critical habitat be designated for these
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). We acknowledged receipt of
this petition via email (from Doug Krofta to Collette Adkins Giese) on
February 12, 2014. This finding addresses the lesser Virgin Islands
skink. The Culebra skink, greater Saint Croix skink, Mona skink, Puerto
Rican skink, Virgin Islands bronze skink, greater Virgin Islands skink,
and lesser Saint Croix skink were addressed in a separate evaluation,
which published in the Federal Register on January 12, 2016 (81 FR
1368). The Monito skink was addressed in a separate evaluation which
published in the Federal Register on March 16, 2016 (81 FR 14058).
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 the lesser Virgin
Islands skink (Spondylurus semitaeniatus) may be warranted, based on
Factors C and D. However, during our status review, we will thoroughly
evaluate all potential threats to the species, including the extent to
which any protections or other conservation efforts have reduced those
threats. Thus, for this species, the Service requests any information
relevant to whether the species falls within the definition of either
``endangered species'' under section 3(6) of the Act or ``threatened
species'' under section 3(20), including information on the five
listing factors under section 4(a)(1) and any other factors identified
in this finding (see Request for Information for Status Reviews,
above).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-R4-ES-2015-0098 under
the Supporting Documents section.
Evaluation of a Petition To List the American Pika as an Endangered or
Threatened Species Under the Act
Species and Range
Pika, American (Ochotona princeps): Colorado, Idaho, Montana,
Nevada, Utah, Wyoming, Canada (British Columbia and Alberta).
Petition History
On April 21, 2016, we received a petition dated April 14, 2016,
from Mr. Timothy Eng, requesting that the American pika (Ochotona
princeps) be listed as endangered or threatened and critical habitat be
designated for this 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). This
finding addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition does not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted for the American pika (Ochotona princeps). The
basis and scientific support for this finding can be found as an
appendix at https://www.regulations.gov under Docket No. FWS-R6-ES-2016-
0091 under the Supporting Documents section. Because the petition does
not present substantial information indicating that listing the
American pika may be warranted, we are not initiating a status review
of this species in response to this petition. However, we ask that the
public submit to us any new information that becomes available
concerning the status of, or threats to, the American pika or its
habitat at any time (see FOR FURTHER INFORMATION CONTACT).
Additional information regarding our review of the petition, can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-R6-ES-2016-0091 under the Supporting Documents section.
[[Page 63164]]
Evaluation of a Petition To List Ricord's Rock Iguana as an Endangered
or Threatened Species Under the Act
Species and Range
Ricord's rock iguana (Cyclura ricordii): Dominican Republic, Haiti.
Petition History
On March 17, 2016, we received a petition dated March 14, 2016,
from Grupo Jaragua, International Iguana Foundation, International
Reptile Conservation Foundation, and the Zoological Society of San
Diego, requesting that Ricord's rock iguana (Cyclura ricordii) be
listed as endangered or threatened under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(a). This
finding addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition does not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted for the Ricord's rock iguana (Cyclura
ricordii). The basis and scientific support for this finding can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-HQ-ES-2016-0092 under the Supporting Documents section. Because the
petition does not present substantial information indicating that
listing the Ricord's rock iguana may be warranted, we are not
initiating a status review of this species in response to this
petition. However, we ask that the public submit to us any new
information that becomes available concerning the status of, or threats
to, this species or its habitat at any time (see FOR FURTHER
INFORMATION CONTACT).
Additional information regarding our review of the petition, can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-HQ-ES-2016-0092 under the Supporting Documents section.
Evaluation of a Petition To Delist the Spectacled Eider Under the Act
Species and Range
Spectacled eider (Somateria fischeri): Alaska.
Petition History
On March 30, 2016, we received a petition dated January 29, 2016,
from Tim Langer, Ph.D., requesting that the spectacled eider and
Alaska-breeding Steller's eider be delisted due to error in information
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 does not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted for the spectacled eider (Somateria fischeri).
The basis and scientific support for this finding can be found as an
appendix at https://www.regulations.gov under Docket No. FWS-R7-ES-2016-
0041 under the Supporting Documents section. Because the petition does
not present substantial information indicating that delisting the
spectacled eider may be warranted, we are not initiating a status
review of this species in response to this petition. However, we ask
that the public submit to us any new information that becomes available
concerning the status of, or threats to, this species or its habitat at
any time (see FOR FURTHER INFORMATION CONTACT).
Additional information regarding our review of the petition, can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-R7-ES-2016-0041 under the Supporting Documents section.
Evaluation of a Petition To Delist the Steller's Eider Under the Act
Species and Range
Steller's eider (Polysticta stelleri) (Alaska Population): Alaska.
Petition History
On March 30, 2016, we received a petition dated January 29, 2016,
from Tim Langer, Ph.D., requesting that the spectacled eider and
Alaska-breeding Steller's eider be delisted due to error in information
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 does not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted for the Alaska-breeding Steller's eider
(Polysticta stelleri). The basis and scientific support for this
finding can be found as an appendix at https://www.regulations.gov under
Docket No. FWS-R7-ES-2016-0093 under the Supporting Documents section.
Because the petition does not present substantial information
indicating that delisting the Steller's eider may be warranted, we are
not initiating a status review of this species in response to this
petition. However, we ask that the public submit to us any new
information that becomes available concerning the status of, or threats
to, this species or its habitat at any time (see FOR FURTHER
INFORMATION CONTACT).
Additional information regarding our review of the petition, can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-R7-ES-2016-0093 under the Supporting Documents section.
Evaluation of a Petition To List the Wyoming Pocket Gopher as an
Endangered or Threatened Species Under the Act
Species and Range
Wyoming pocket gopher (Thomomys clusius): Colorado and Wyoming.
Petition History
On April 15, 2016, we received a petition dated April 6, 2016, from
WildEarth Guardians, requesting that Wyoming pocket gopher be listed as
endangered and critical habitat be designated for this 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). This finding addresses the petition.
Finding
Based on our review of the petition, and sources cited in the
petition, we find that the petition does not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted for the Wyoming pocket gopher (Thomomys
clusius). The basis and scientific support for this finding can be
found as an appendix at https://www.regulations.gov under Docket No.
FWS-R6-ES-2016-0094 under the Supporting Documents section. Because the
petition does not present substantial information indicating that
listing the Wyoming pocket gopher may be warranted, we are not
initiating a status review of this species in response to this
petition. However, we ask that the public submit to us any new
information that becomes available concerning the status of, or threats
to, the Wyoming pocket gopher or its habitat at any time (see FOR
FURTHER INFORMATION CONTACT).
Additional information regarding our review of the petition, can be
found as
[[Page 63165]]
an appendix at https://www.regulations.gov under Docket No. FWS-R6-ES-
2016-0094 under the Supporting Documents section.
Conclusion
On the basis of our evaluation of the information presented in the
petitions under section 4(b)(3)(A) of the Act, we have determined that
the petitions summarized above for the Fourche Mountain salamander,
American pika, Ricord's rock iguana, spectacled eider, Alaska-breeding
Steller's eider, and the Wyoming pocket gopher do not present
substantial scientific or commercial information indicating that the
requested actions may be warranted. Therefore, we are not initiating
status reviews for these species.
We have determined that the petitions summarized above for the
Florida scrub lizard, Joshua tree, Lassics lupine, and lesser Virgin
Islands skink present substantial scientific or commercial information
indicating that the requested actions may be warranted. Because we have
found that these 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 each status review, we will issue a finding, in
accordance with section 4(b)(3)(B) of the Act, as to whether or not the
Service finds that the petitioned action is warranted.
It is important to note that the standard for a 90-day finding
differs from the Act's standard that applies to a status review to
determine whether a petitioned action is warranted. In making a 90-day
finding, we consider only the information in the petition and sources
cited in the petition, and we evaluate merely whether that information
constitutes ``substantial information'' indicating that the petitioned
action ``may be warranted.'' In a 12-month finding, we must complete a
thorough status review of the species and evaluate the ``best
scientific and commercial data available'' to determine whether a
petitioned action ``is warranted.'' Because the Act's standards for 90-
day and 12-month findings are different, a ``substantial'' 90-day
finding does not mean that the 12-month finding will result in a
``warranted'' finding.
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 (contact the person listed under FOR FURTHER INFORMATION
CONTACT).
Authors
The primary authors of this notice are staff members of the
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: September 1, 2016.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-22071 Filed 9-13-16; 8:45 am]
BILLING CODE 4333-15-P
