Endangered and Threatened Wildlife and Plants; 12-Month Findings on Petitions To List Four Species as Endangered or Threatened Species, 57562-57565 [2017-26349]
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Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Proposed Rules
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Dated: November 17, 2017.
M.L. Austin,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2017–26269 Filed 12–5–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[4500090022]
Species
Endangered and Threatened Wildlife
and Plants; 12-Month Findings on
Petitions To List Four Species as
Endangered or Threatened Species
AGENCY:
Fish and Wildlife Service,
Interior.
Notification of 12-month
petition findings.
ACTION:
We, the U.S. Fish and
Wildlife Service (Service), announce 12month findings on petitions to list four
species as endangered or threatened
species under the Endangered Species
Act of 1973, as amended (Act). After a
thorough review of the best available
scientific and commercial information,
we find that listing the blackfin sucker,
Mohave shoulderband snail, whitetailed prairie dog, and Woodville Karst
SUMMARY:
Species
Background
jstallworth on DSKBBY8HB2PROD with PROPOSALS
Blackfin sucker ...............
Mohave shoulderband
snail.
White-tailed prairie dog ..
Woodville Karst cave
crayfish.
FWS–R4–ES–2017–0084
FWS–R8–ES–2015–0021
FWS–R6–ES–2008–0053
FWS–R4–ES–2017–0085
Supporting information used to
prepare 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. Please submit any
new information, materials, comments,
or questions concerning these findings
to the appropriate person, as specified
under FOR FURTHER INFORMATION
CONTACT.
FOR FURTHER INFORMATION CONTACT:
Lee Andrews, Field Supervisor, Kentucky Ecological Services Field Office, 502–695–0468.
Mendel Stewart, Field Supervisor, Carlsbad Fish and Wildlife Office, 760–431–9440.
Tyler Abbott, Field Supervisor, Wyoming Ecological Services Field Office, 307–772–2374, ext. 231.
Catherine Phillips, Field Supervisor, Panama City Ecological Services Field Office, 850–769–0552.
If you use a telecommunications device
for the deaf (TDD), please call the
Federal Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Within 12 months after receiving any
petition to revise the Federal Lists of
Endangered and Threatened Wildlife
and Plants, we are required to make a
finding whether or not the petitioned
action is warranted (‘‘12-month
finding’’), unless we determined that the
petition did not contain substantial
scientific or commercial information
indicating that the petitioned action
may be warranted (section 4(b)(3)(B) of
the Act (16 U.S.C. 1531 et seq.)). We
must make a finding that the petitioned
action is: (1) Not warranted; (2)
warranted; or (3) warranted but
precluded. ‘‘Warranted but precluded’’
means that (a) the petitioned action is
warranted, but the immediate proposal
14:39 Dec 05, 2017
Docket No.
Contact information
Blackfin sucker ................................
Mohave shoulderband snail ............
White-tailed prairie dog ...................
Woodville Karst cave crayfish .........
VerDate Sep<11>2014
cave crayfish is not warranted at this
time. However, we ask the public to
submit to us at any time any new
information that becomes available
concerning the stressors to any of the
species listed above or their habitats.
DATES: The findings in this document
were made on December 6, 2017.
ADDRESSES: Detailed descriptions of the
basis for each of these findings are
available on the Internet at https://
www.regulations.gov under the
following docket numbers:
Jkt 244001
of a regulation implementing the
petitioned action is precluded by other
pending proposals to determine whether
species are endangered or threatened
species, and (b) expeditious progress is
being made to add qualified species to
the Federal Lists of Endangered and
Threatened Wildlife and Plants (Lists)
and to remove from the Lists species for
which the protections of the Act are no
longer necessary. Section 4(b)(3)(C) of
the Act requires that we treat a petition
for which the requested action is found
to be warranted but precluded as though
resubmitted on the date of such finding,
that is, requiring that a subsequent
finding be made within 12 months of
that date. We must publish these 12month findings in the Federal Register.
Summary of Information Pertaining to
the Five Factors
Section 4 of the Act (16 U.S.C. 1533)
and the implementing regulations at
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part 424 of title 50 of the Code of
Federal Regulations (50 CFR part 424)
set forth procedures for adding species
to, removing species from, or
reclassifying species on the Federal
Lists of Endangered and Threatened
Wildlife and Plants. The Act defines
‘‘endangered species’’ as any species
that is in danger of extinction
throughout all or a significant portion of
its range (16 U.S.C. 1532(6)), and
‘‘threatened species’’ as any species that
is likely to become an endangered
species within the foreseeable future
throughout all or a significant portion of
its range (16 U.S.C. 1532(20)). Under
section 4(a)(1) of the Act, a species may
be determined to be an endangered
species or a threatened species because
of any of the following five factors:
(A) The present or threatened
destruction, modification, or
curtailment of its habitat or range;
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(B) Overutilization for commercial,
recreational, scientific, or educational
purposes;
(C) Disease or predation;
(D) The inadequacy of existing
regulatory mechanisms; or
(E) Other natural or manmade factors
affecting its continued existence.
We summarize below the information
on which we based our evaluation of the
five factors provided in section 4(a)(1) of
the Act to determine whether the
blackfin sucker, Mohave shoulderband
snail, white-tailed prairie dog, and
Woodville Karst cave crayfish meet the
definition of ‘‘endangered species’’ or
‘‘threatened species.’’ The supporting
information upon which the finding for
each species is based is documented in
a species assessment form that contains
more-detailed biological information, a
thorough analysis of the listing factors,
and an explanation of why we
determined that these species do not
meet the definition of an endangered
species or threatened species. These
forms can be found at https://
www.regulations.gov under the
appropriate docket number (see
ADDRESSES, above).
In considering what stressors under
the Act’s five factors might indicate that
the species may meet the definition of
a threatened species or an endangered
species, we must look beyond the mere
exposure of the species to the stressor to
determine whether the species responds
to the stressor in a way that causes
actual impacts to the species. If there is
exposure to a stressor, but no response,
or only a positive response, that stressor
does not cause a species to meet the
definition of a threatened species or an
endangered species. If there is exposure
and the species responds negatively, the
stressor may be significant. In that case,
we determine whether that stressor
drives or contributes to the risk of
extinction of the species such that the
species warrants listing as an
endangered or threatened species as
those terms are defined by the Act. This
does not necessarily require empirical
proof of impacts to a species. The
combination of exposure and some
corroborating evidence of how the
species is likely affected could suffice.
The mere identification of stressors that
could affect a species negatively is not
sufficient to compel a finding that
listing is appropriate; similarly, the
mere identification of stressors that do
not affect a listed species negatively is
insufficient to compel a finding that
delisting is appropriate. For a species to
be listed or remain listed, we require
evidence that these stressors are
operative threats to the species and its
habitat, either singly or in combination,
VerDate Sep<11>2014
14:39 Dec 05, 2017
Jkt 244001
to the point that the species meets the
definition of an endangered or a
threatened species under the Act.
In making these 12-month findings,
we considered and thoroughly
evaluated the best scientific and
commercial information available
regarding the past, present, and future
stressors and threats. We reviewed the
petitions, information available in our
files, and other available published and
unpublished information. These
evaluations may include information
from recognized experts; Federal, State,
and tribal governments; academic
institutions; foreign governments;
private entities; and other members of
the public.
The species assessment forms for the
blackfin sucker, Mohave shoulderband
snail, white-tailed prairie dog, and
Woodville Karst cave crayfish provide
the basis for these findings and can be
found on the Internet at https://
www.regulations.gov under the
appropriate docket number (see
ADDRESSES, above). The following are
informational summaries for each of the
findings in this document.
Blackfin Sucker (Thoburnia
atripinnis)
Previous Federal Actions
On April 20, 2010, we received a
petition from the Center for Biological
Diversity (Center), Alabama Rivers
Alliance, Clinch Coalition, Dogwood
Alliance, Gulf Restoration Network,
Tennessee Forests Council, and West
Virginia Highlands Conservancy
requesting that the blackfin sucker be
listed as an endangered or threatened
species under the Act. On September
27, 2011, we published a 90-day finding
in the Federal Register (76 FR 59836)
concluding that the petition presented
substantial information indicating that
listing the blackfin sucker may be
warranted. This document constitutes
the 12-month finding on the April 20,
2010, petition to list the blackfin sucker.
Summary of Finding
The blackfin sucker is a fish that is
relatively small (140 mm (5.5 in.) in
length) in comparison to other members
of its family, Catostomidae, collectively
known as suckers. The species is
endemic to the upper Barren River
System in north-central Tennessee and
south-central Kentucky, primarily
upstream of Barren River Dam, with
historical records known from only two
stream systems downstream of the dam.
Blackfin suckers inhabit clear
headwater streams and are most
frequently encountered in deeper
sections of pools and runs. The species
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is typically observed near bedrock
ledges, slabrock boulders, rootwads, and
undercut banks. During the March and
April spawning period, males are
associated with swift riffles and females
occupy pools where they are found
occasionally under flat rocks at the
edges of riffles.
We evaluated all relevant stressors
under the five factors, including any
regulatory mechanisms and
conservation measures addressing these
stressors. The primary stressors include
effects of agriculture, sedimentation,
stream modification, impoundments,
and climate change. Despite impacts
from these stressors, we find that the
species has maintained the whole of its
historical range and the number of
occupied streams has increased.
Considering that impacts from these
stressors are expected to decrease or
remain stable, and that the species
exhibits redundancy, representation,
and resiliency, we find that these
stressors do not, alone or in
combination, rise to a level that causes
this species to meet the definition of a
threatened species or an endangered
species. Therefore, we find that listing
the blackfin sucker as threatened or
endangered is not warranted. A detailed
discussion of the basis for this finding
can be found in the blackfin sucker
species assessment form and other
supporting documents (see ADDRESSES,
above).
Mohave Shoulderband Snail
(Helminthoglypta (Coyote) greggi)
Previous Federal Actions
On January 31, 2014, we received a
petition from the Center requesting that
the Mohave shoulderband snail be listed
as an endangered or threatened species
under the Act. We published a
substantial 90-day finding in the
Federal Register (80 FR 19259) on April
10, 2015. Subsequently, we entered into
a stipulated settlement agreement with
the Center that required us to submit a
12-month finding to the Federal
Register by November 30, 2017. This
document constitutes the 12-month
finding on the January 31, 2014, petition
to list the Mohave shoulderband snail.
Summary of Finding
The Mohave shoulderband snail is a
small (0.48 to 0.58 in (12.3 to 14.6 mm)
in length), brown desert snail. The
species inhabits rock outcrops and talus
slopes found on volcanic formations in
the western region of the Mojave Desert
at Middle Butte, Standard Hill, and
Soledad Mountain.
The species is dependent on local
precipitation and subsequent increases
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in humidity within rock outcrop
habitats. Although water represents the
primary limiting resource in desert
environments, other climatic and
physical factors—such as temperature,
topography, and food availability, or a
combination of these factors—can
influence the ecology of desert snails.
Because of the hot, arid conditions in
the Mojave Desert, the snail is active
primarily during the brief winter season
and enters a state of dormancy below
ground during the remainder of the
year. It emerges during and following
periods of rainfall in search of food
resources or for mating and egg-laying
activities.
We evaluated all relevant stressors
under the five factors, including any
regulatory mechanisms and
conservation measures addressing these
stressors. The primary stressors include
effects of habitat degradation from hard
rock mining. We find that, while mining
activities will likely result in some loss
of suitable habitat, this loss will not lead
to a significant decrease in the resources
needed to meet the species’ physical
and ecological needs across the species’
range. Furthermore, recent presence/
absence surveys have resulted in
additional observations of the species
throughout its range. In all, we find that
mining and other potential stressors,
alone or in combination, do not rise to
a level that causes this species to meet
the definition of a threatened species or
an endangered species. Therefore, we
find that listing the Mohave
shoulderband snail as threatened or
endangered is not warranted. A detailed
discussion of the basis for this finding
can be found in the Mohave
shoulderband snail species assessment
form and other supporting documents
(see ADDRESSES, above).
jstallworth on DSKBBY8HB2PROD with PROPOSALS
White-Tailed Prairie Dog (Cynomys
leucurus)
Previous Federal Actions
On July 15, 2002, we received a
petition to list the white-tailed prairie
dog as threatened or endangered. We
published a not-substantial 90-day
finding in the Federal Register (69 FR
64889) on November 9, 2004. On
February 22, 2008, after we received
notice of a lawsuit challenging the notsubstantial finding, we entered into a
stipulated settlement agreement with
the Center for Native Ecosystems and
three other entities, to submit to the
Federal Register a 12-month finding on
the petition to list the white-tailed
prairie dog. On June 1, 2010, we
completed our status review and
determined that the white-tailed prairie
dog did not warrant listing (75 FR
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14:39 Dec 05, 2017
Jkt 244001
30338). A September 9, 2014, court
order remanded the 12-month notwarranted finding back to us for
reconsideration (Rocky Mountain Wild
v. U.S. Fish and Wildlife Service 2014,
case 9:13–cv–00042–DWM). This
finding constitutes our remanded 12month finding on the petition to list the
white-tailed prairie dog, and addresses
all issues raised in the court’s order.
Summary of Finding
The white-tailed prairie dog inhabits
parts of Wyoming, Utah, Montana, and
Colorado, and is one of five prairie dog
species in western North America. The
range of the white-tailed prairie dog has
not changed appreciably since historical
times, but historical poisoning
campaigns, the introduction of plague,
and habitat loss significantly reduced
the abundance of white-tailed prairie
dogs throughout its range.
The white-tailed prairie dog generally
inhabits drier landscapes with shrub
land vegetation, such as the high desert
scrub community of Utah and sagebrush
steppe of western Wyoming. It prefers
areas with lower vegetation heights to
facilitate predator surveillance, but it
also may use dense brush adjacent to
grassier areas to avoid predators. The
white-tailed prairie dog digs its
burrows, which require deep, welldrained soils.
We evaluated all relevant stressors
under the five factors, including any
regulatory mechanisms and
conservation measures addressing these
stressors. The primary stressors include
effects of agricultural activities,
shooting, poisoning, overgrazing,
invasive weeds, wildfire, urbanization,
energy development, drought, and
plague. We found that white-tailed
prairie dog populations are in moderate
to high overall condition, with
population trends stable or exhibiting
some declines from stochastic events
followed by recovery. In addition,
white-tailed prairie dogs have multiple
resilient populations, and exhibit
adaptive capacity. Therefore, we find
that these stressors do not, alone or in
combination, rise to a level that causes
this species to meet the definition of a
threatened species or an endangered
species. Therefore, we find that listing
the white-tailed prairie dog as
threatened or endangered is not
warranted. A detailed discussion of the
basis for this finding can be found in the
white-tailed prairie dog species
assessment form and other supporting
documents (see ADDRESSES, above).
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Woodville Karst Cave Crayfish
(Procambarus orcinus)
Previous Federal Actions
On April 20, 2010, we received a
petition from the Center requesting that
the Woodville Karst cave crayfish be
listed as an endangered or threatened
species under the Act. On September
27, 2011, we published a 90-day finding
in the Federal Register (76 FR 59836)
concluding that the petition presented
substantial information indicating that
listing the Woodville Karst cave crayfish
may be warranted. This document
constitutes the 12-month finding on the
April 20, 2010, petition to list the
Woodville Karst cave crayfish.
Summary of Finding
The Woodville Karst cave crayfish is
a subterranean species of crayfish
endemic to several freshwater springs
and sink caves within the panhandle of
Florida. The adults are approximately
25 mm (1 in) in length and have a
semitransparent cuticle revealing
pinkish orange tissue underneath.
The species is known from 18 aquatic
cave sites, all of which are within an
area of approximately 100 square miles.
It lives in shallow water at the mouth of
sink holes to depths of 91 m (300 ft) and
appears to require a flowing, freshwater,
subterranean environment. However,
specific water-quality requirements for
the species are unknown.
We evaluated all relevant stressors
under the five factors, including any
regulatory mechanisms and
conservation measures addressing these
stressors. The primary stressors include
effects of land-use activities and direct
alterations of waterways, water
withdrawal, sea-level rise, and
overutilization. These stressors do not,
alone or in combination, rise to a level
that causes this species to meet the
definition of a threatened species or an
endangered species. Additionally,
despite the potential for groundwater
decline over time, populations are likely
to remain resilient and be minimally
affected since the species lives at
significant spring depths and can move
among springs and sinks in the
underground system. Therefore, we find
that listing the Woodville Karst cave
crayfish as threatened or endangered is
not warranted. A detailed discussion of
the basis for this finding can be found
in the Woodville Karst cave crayfish
species assessment form and other
supporting documents (see ADDRESSES,
above).
New Information
We request that you submit any new
information concerning the taxonomy,
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jstallworth on DSKBBY8HB2PROD with PROPOSALS
biology, ecology, status of, or stressors
to, the blackfin sucker, Mohave
shoulderband snail, white-tailed prairie
dog, and Woodville Karst cave crayfish
to the appropriate person, as specified
under FOR FURTHER INFORMATION
CONTACT, whenever it becomes
available. New information will help us
monitor these species and encourage
their conservation. We encourage local
agencies and stakeholders to continue
cooperative monitoring and
conservation efforts for these species. If
an emergency situation develops for any
of these species, we will act to provide
immediate protection.
We, NMFS, announce a 90day finding on a petition to identify the
Northwest Atlantic subpopulation of the
leatherback turtle (Dermochelys
coriacea) as a Distinct Population
Segment (DPS) and list it as threatened
under the Endangered Species Act
(ESA). We find that the petition and
information readily available in our files
present substantial scientific and
commercial information indicating that
the petitioned action may be warranted.
We are hereby initiating a status review
of the leatherback turtle to determine
whether the petitioned action is
warranted and to examine the species
globally with regard to application of
References Cited
the DPS Policy in light of significant
Lists of the references cited in the
new information since the original
petition findings are available on the
listing. To ensure that the status review
Internet at https://www.regulations.gov
is comprehensive, we are soliciting
in the dockets listed above in ADDRESSES scientific and commercial information
and upon request from the appropriate
pertaining to the leatherback turtle from
person, as specified under FOR FURTHER
any interested party.
INFORMATION CONTACT.
DATES: Information and comments on
Authors
the subject action must be received by
The primary authors of this document February 5, 2018.
ADDRESSES: Copies of the petition and
are the staff members of the Species
related materials are available on NMFS’
Assessment Team, Ecological Services
Web site at https://
Program.
www.fisheries.noaa.gov/species/
Authority: The authority for this
leatherback-turtle. You may submit
action is section 4 of the Endangered
comments, information, or data, by
Species Act of 1973, as amended (16
U.S.C. 1531 et seq.).
either of the following methods:
• Federal eRulemaking Portal: Go to
Dated: October 30, 2017.
www.regulations.gov/
James W. Kurth,
#!docketDetail;D=NOAA-NMFS-2017Deputy Director for U.S. Fish and Wildlife
0147, click the ‘‘Comment Now’’ icon,
Service, Exercising the Authority of the
complete the required fields, and enter
Director.
or attach your comments.
[FR Doc. 2017–26349 Filed 12–5–17; 8:45 am]
• Mail or hand-delivery: Office of
BILLING CODE 4333–15–P
Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD
20910. Attn: Jennifer Schultz.
DEPARTMENT OF COMMERCE
Instructions: NMFS may not consider
comments if they are sent by any other
National Oceanic and Atmospheric
method, to any other address or
Administration
individual, or received after the
comment period ends. All comments
50 CFR Parts 223 and 224
received are a part of the public record
[Docket No. 171004968–7968–01]
and NMFS will post for public viewing
on https://www.regulations.gov without
RIN 0648–XF748
change. All personal identifying
information (e.g., name, address, etc.),
Endangered and Threatened Wildlife;
confidential business information, or
90-Day Finding on a Petition To
otherwise sensitive information
Identify the Northwest Atlantic
submitted voluntarily by the sender will
Leatherback Turtle as a Distinct
be publicly accessible. NMFS will
Population Segment and List It as
accept anonymous comments (enter ‘‘N/
Threatened Under the Endangered
A’’ in the required fields if you wish to
Species Act
remain anonymous).
AGENCY: National Marine Fisheries
FOR FURTHER INFORMATION CONTACT:
Service (NMFS), National Oceanic and
Jennifer Schultz, Office of Protected
Atmospheric Administration (NOAA),
Resources, NMFS (301) 427–8443, or
Department of Commerce.
email jennifer.schultz@noaa.gov).
ACTION: Notice of 90-day petition
Persons who use a Telecommunications
finding; request for information; and
Device for the Deaf (TDD) may call the
initiation of status review.
Federal Information Relay Service
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14:39 Dec 05, 2017
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SUMMARY:
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57565
(FIRS) at 1–800–877–8339, 24 hours a
day and 7 days a week.
SUPPLEMENTARY INFORMATION:
Background
On September 20, 2017, NMFS
received a petition from Blue Water
Fishermen’s Association to identify the
Northwest Atlantic leatherback turtle as
a DPS and list it as threatened under the
ESA. The species is currently listed as
endangered throughout its range under
the ESA (35 FR 8491, June 2, 1970).
Copies of the petitions are available
upon request (see ADDRESSES).
ESA Statutory, Regulatory, and Policy
Provisions and Evaluation Framework
Section 4(b)(3)(A) of the ESA of 1973,
as amended (16 U.S.C. 1531 et seq.),
requires, to the maximum extent
practicable, that within 90 days of
receipt of a petition to list a species as
threatened or endangered, the Secretary
of Commerce make a finding on whether
that petition presents substantial
scientific or commercial information
indicating that the petitioned action
may be warranted, and to promptly
publish such finding in the Federal
Register (16 U.S.C. 1533(b)(3)(A)). When
it is found that substantial scientific or
commercial information in a petition
indicates the petitioned action may be
warranted (a ‘‘positive 90-day finding’’),
we are required to promptly commence
a review of the status of the species
concerned during which we will
conduct a comprehensive review of the
best available scientific and commercial
information. In such cases, we conclude
the review with a finding as to whether,
in fact, the petitioned action is
warranted within 12 months of receipt
of the petition. Because the finding at
the 12-month stage is based on a more
thorough review of the available
information, as compared to the narrow
scope of review at the 90-day stage, a
‘‘may be warranted’’ finding does not
prejudge the outcome of the status
review.
Under the ESA, a listing
determination may address a species,
which is defined to also include
subspecies and, for any vertebrate
species, any DPS that interbreeds when
mature (16 U.S.C. 1532(16)). A joint
NMFS-U.S. Fish and Wildlife Service
(USFWS) policy clarifies the agencies’
interpretation of the phrase ‘‘distinct
population segment’’ for the purposes of
listing, delisting, and reclassifying a
species under the ESA (i.e., ‘‘DPS
Policy;’’ 61 FR 4722, February 7, 1996).
A species, subspecies, or DPS is
‘‘endangered’’ if it is in danger of
extinction throughout all or a significant
portion of its range, and ‘‘threatened’’ if
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Agencies
[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Proposed Rules]
[Pages 57562-57565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26349]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[4500090022]
Endangered and Threatened Wildlife and Plants; 12-Month Findings
on Petitions To List Four Species as Endangered or Threatened Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of 12-month petition findings.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 12-
month findings on petitions to list four species as endangered or
threatened species under the Endangered Species Act of 1973, as amended
(Act). After a thorough review of the best available scientific and
commercial information, we find that listing the blackfin sucker,
Mohave shoulderband snail, white-tailed prairie dog, and Woodville
Karst cave crayfish is not warranted at this time. However, we ask the
public to submit to us at any time any new information that becomes
available concerning the stressors to any of the species listed above
or their habitats.
DATES: The findings in this document were made on December 6, 2017.
ADDRESSES: Detailed descriptions of the basis for each of these
findings are available on the Internet at https://www.regulations.gov
under the following docket numbers:
------------------------------------------------------------------------
Species Docket No.
------------------------------------------------------------------------
Blackfin sucker..................... FWS-R4-ES-2017-0084
Mohave shoulderband snail........... FWS-R8-ES-2015-0021
White-tailed prairie dog............ FWS-R6-ES-2008-0053
Woodville Karst cave crayfish....... FWS-R4-ES-2017-0085
------------------------------------------------------------------------
Supporting information used to prepare 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. Please submit any new information, materials,
comments, or questions concerning these findings to the appropriate
person, as specified under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
------------------------------------------------------------------------
Species Contact information
------------------------------------------------------------------------
Blackfin sucker................... Lee Andrews, Field Supervisor,
Kentucky Ecological Services Field
Office, 502-695-0468.
Mohave shoulderband snail......... Mendel Stewart, Field Supervisor,
Carlsbad Fish and Wildlife Office,
760-431-9440.
White-tailed prairie dog.......... Tyler Abbott, Field Supervisor,
Wyoming Ecological Services Field
Office, 307-772-2374, ext. 231.
Woodville Karst cave crayfish..... Catherine Phillips, Field
Supervisor, Panama City Ecological
Services Field Office, 850-769-
0552.
------------------------------------------------------------------------
If you use a telecommunications device for the deaf (TDD), please call
the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Within 12 months after receiving any petition to revise the Federal
Lists of Endangered and Threatened Wildlife and Plants, we are required
to make a finding whether or not the petitioned action is warranted
(``12-month finding''), unless we determined that the petition did not
contain substantial scientific or commercial information indicating
that the petitioned action may be warranted (section 4(b)(3)(B) of the
Act (16 U.S.C. 1531 et seq.)). We must make a finding that the
petitioned action is: (1) Not warranted; (2) warranted; or (3)
warranted but precluded. ``Warranted but precluded'' means that (a) the
petitioned action is warranted, but the immediate proposal of a
regulation implementing the petitioned action is precluded by other
pending proposals to determine whether species are endangered or
threatened species, and (b) expeditious progress is being made to add
qualified species to the Federal Lists of Endangered and Threatened
Wildlife and Plants (Lists) and to remove from the Lists species for
which the protections of the Act are no longer necessary. Section
4(b)(3)(C) of the Act requires that we treat a petition for which the
requested action is found to be warranted but precluded as though
resubmitted on the date of such finding, that is, requiring that a
subsequent finding be made within 12 months of that date. We must
publish these 12-month findings in the Federal Register.
Summary of Information Pertaining to the Five Factors
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations at part 424 of title 50 of the Code of Federal Regulations
(50 CFR part 424) set forth procedures for adding species to, removing
species from, or reclassifying species on the Federal Lists of
Endangered and Threatened Wildlife and Plants. The Act defines
``endangered species'' as any species that is in danger of extinction
throughout all or a significant portion of its range (16 U.S.C.
1532(6)), and ``threatened species'' as any species that is likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range (16 U.S.C. 1532(20)). Under
section 4(a)(1) of the Act, a species may be determined to be an
endangered species or a threatened species because of any of the
following five factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
[[Page 57563]]
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
We summarize below the information on which we based our evaluation
of the five factors provided in section 4(a)(1) of the Act to determine
whether the blackfin sucker, Mohave shoulderband snail, white-tailed
prairie dog, and Woodville Karst cave crayfish meet the definition of
``endangered species'' or ``threatened species.'' The supporting
information upon which the finding for each species is based is
documented in a species assessment form that contains more-detailed
biological information, a thorough analysis of the listing factors, and
an explanation of why we determined that these species do not meet the
definition of an endangered species or threatened species. These forms
can be found at https://www.regulations.gov under the appropriate docket
number (see ADDRESSES, above).
In considering what stressors under the Act's five factors might
indicate that the species may meet the definition of a threatened
species or an endangered species, we must look beyond the mere exposure
of the species to the stressor to determine whether the species
responds to the stressor in a way that causes actual impacts to the
species. If there is exposure to a stressor, but no response, or only a
positive response, that stressor does not cause a species to meet the
definition of a threatened species or an endangered species. If there
is exposure and the species responds negatively, the stressor may be
significant. In that case, we determine whether that stressor drives or
contributes to the risk of extinction of the species such that the
species warrants listing as an endangered or threatened species as
those terms are defined by the Act. This does not necessarily require
empirical proof of impacts to a species. The combination of exposure
and some corroborating evidence of how the species is likely affected
could suffice. The mere identification of stressors that could affect a
species negatively is not sufficient to compel a finding that listing
is appropriate; similarly, the mere identification of stressors that do
not affect a listed species negatively is insufficient to compel a
finding that delisting is appropriate. For a species to be listed or
remain listed, we require evidence that these stressors are operative
threats to the species and its habitat, either singly or in
combination, to the point that the species meets the definition of an
endangered or a threatened species under the Act.
In making these 12-month findings, we considered and thoroughly
evaluated the best scientific and commercial information available
regarding the past, present, and future stressors and threats. We
reviewed the petitions, information available in our files, and other
available published and unpublished information. These evaluations may
include information from recognized experts; Federal, State, and tribal
governments; academic institutions; foreign governments; private
entities; and other members of the public.
The species assessment forms for the blackfin sucker, Mohave
shoulderband snail, white-tailed prairie dog, and Woodville Karst cave
crayfish provide the basis for these findings and can be found on the
Internet at https://www.regulations.gov under the appropriate docket
number (see ADDRESSES, above). The following are informational
summaries for each of the findings in this document.
Blackfin Sucker (Thoburnia atripinnis)
Previous Federal Actions
On April 20, 2010, we received a petition from the Center for
Biological Diversity (Center), Alabama Rivers Alliance, Clinch
Coalition, Dogwood Alliance, Gulf Restoration Network, Tennessee
Forests Council, and West Virginia Highlands Conservancy requesting
that the blackfin sucker be listed as an endangered or threatened
species under the Act. On September 27, 2011, we published a 90-day
finding in the Federal Register (76 FR 59836) concluding that the
petition presented substantial information indicating that listing the
blackfin sucker may be warranted. This document constitutes the 12-
month finding on the April 20, 2010, petition to list the blackfin
sucker.
Summary of Finding
The blackfin sucker is a fish that is relatively small (140 mm (5.5
in.) in length) in comparison to other members of its family,
Catostomidae, collectively known as suckers. The species is endemic to
the upper Barren River System in north-central Tennessee and south-
central Kentucky, primarily upstream of Barren River Dam, with
historical records known from only two stream systems downstream of the
dam.
Blackfin suckers inhabit clear headwater streams and are most
frequently encountered in deeper sections of pools and runs. The
species is typically observed near bedrock ledges, slabrock boulders,
rootwads, and undercut banks. During the March and April spawning
period, males are associated with swift riffles and females occupy
pools where they are found occasionally under flat rocks at the edges
of riffles.
We evaluated all relevant stressors under the five factors,
including any regulatory mechanisms and conservation measures
addressing these stressors. The primary stressors include effects of
agriculture, sedimentation, stream modification, impoundments, and
climate change. Despite impacts from these stressors, we find that the
species has maintained the whole of its historical range and the number
of occupied streams has increased. Considering that impacts from these
stressors are expected to decrease or remain stable, and that the
species exhibits redundancy, representation, and resiliency, we find
that these stressors do not, alone or in combination, rise to a level
that causes this species to meet the definition of a threatened species
or an endangered species. Therefore, we find that listing the blackfin
sucker as threatened or endangered is not warranted. A detailed
discussion of the basis for this finding can be found in the blackfin
sucker species assessment form and other supporting documents (see
ADDRESSES, above).
Mohave Shoulderband Snail (Helminthoglypta (Coyote) greggi)
Previous Federal Actions
On January 31, 2014, we received a petition from the Center
requesting that the Mohave shoulderband snail be listed as an
endangered or threatened species under the Act. We published a
substantial 90-day finding in the Federal Register (80 FR 19259) on
April 10, 2015. Subsequently, we entered into a stipulated settlement
agreement with the Center that required us to submit a 12-month finding
to the Federal Register by November 30, 2017. This document constitutes
the 12-month finding on the January 31, 2014, petition to list the
Mohave shoulderband snail.
Summary of Finding
The Mohave shoulderband snail is a small (0.48 to 0.58 in (12.3 to
14.6 mm) in length), brown desert snail. The species inhabits rock
outcrops and talus slopes found on volcanic formations in the western
region of the Mojave Desert at Middle Butte, Standard Hill, and Soledad
Mountain.
The species is dependent on local precipitation and subsequent
increases
[[Page 57564]]
in humidity within rock outcrop habitats. Although water represents the
primary limiting resource in desert environments, other climatic and
physical factors--such as temperature, topography, and food
availability, or a combination of these factors--can influence the
ecology of desert snails. Because of the hot, arid conditions in the
Mojave Desert, the snail is active primarily during the brief winter
season and enters a state of dormancy below ground during the remainder
of the year. It emerges during and following periods of rainfall in
search of food resources or for mating and egg-laying activities.
We evaluated all relevant stressors under the five factors,
including any regulatory mechanisms and conservation measures
addressing these stressors. The primary stressors include effects of
habitat degradation from hard rock mining. We find that, while mining
activities will likely result in some loss of suitable habitat, this
loss will not lead to a significant decrease in the resources needed to
meet the species' physical and ecological needs across the species'
range. Furthermore, recent presence/absence surveys have resulted in
additional observations of the species throughout its range. In all, we
find that mining and other potential stressors, alone or in
combination, do not rise to a level that causes this species to meet
the definition of a threatened species or an endangered species.
Therefore, we find that listing the Mohave shoulderband snail as
threatened or endangered is not warranted. A detailed discussion of the
basis for this finding can be found in the Mohave shoulderband snail
species assessment form and other supporting documents (see ADDRESSES,
above).
White-Tailed Prairie Dog (Cynomys leucurus)
Previous Federal Actions
On July 15, 2002, we received a petition to list the white-tailed
prairie dog as threatened or endangered. We published a not-substantial
90-day finding in the Federal Register (69 FR 64889) on November 9,
2004. On February 22, 2008, after we received notice of a lawsuit
challenging the not-substantial finding, we entered into a stipulated
settlement agreement with the Center for Native Ecosystems and three
other entities, to submit to the Federal Register a 12-month finding on
the petition to list the white-tailed prairie dog. On June 1, 2010, we
completed our status review and determined that the white-tailed
prairie dog did not warrant listing (75 FR 30338). A September 9, 2014,
court order remanded the 12-month not-warranted finding back to us for
reconsideration (Rocky Mountain Wild v. U.S. Fish and Wildlife Service
2014, case 9:13-cv-00042-DWM). This finding constitutes our remanded
12-month finding on the petition to list the white-tailed prairie dog,
and addresses all issues raised in the court's order.
Summary of Finding
The white-tailed prairie dog inhabits parts of Wyoming, Utah,
Montana, and Colorado, and is one of five prairie dog species in
western North America. The range of the white-tailed prairie dog has
not changed appreciably since historical times, but historical
poisoning campaigns, the introduction of plague, and habitat loss
significantly reduced the abundance of white-tailed prairie dogs
throughout its range.
The white-tailed prairie dog generally inhabits drier landscapes
with shrub land vegetation, such as the high desert scrub community of
Utah and sagebrush steppe of western Wyoming. It prefers areas with
lower vegetation heights to facilitate predator surveillance, but it
also may use dense brush adjacent to grassier areas to avoid predators.
The white-tailed prairie dog digs its burrows, which require deep,
well-drained soils.
We evaluated all relevant stressors under the five factors,
including any regulatory mechanisms and conservation measures
addressing these stressors. The primary stressors include effects of
agricultural activities, shooting, poisoning, overgrazing, invasive
weeds, wildfire, urbanization, energy development, drought, and plague.
We found that white-tailed prairie dog populations are in moderate to
high overall condition, with population trends stable or exhibiting
some declines from stochastic events followed by recovery. In addition,
white-tailed prairie dogs have multiple resilient populations, and
exhibit adaptive capacity. Therefore, we find that these stressors do
not, alone or in combination, rise to a level that causes this species
to meet the definition of a threatened species or an endangered
species. Therefore, we find that listing the white-tailed prairie dog
as threatened or endangered is not warranted. A detailed discussion of
the basis for this finding can be found in the white-tailed prairie dog
species assessment form and other supporting documents (see ADDRESSES,
above).
Woodville Karst Cave Crayfish (Procambarus orcinus)
Previous Federal Actions
On April 20, 2010, we received a petition from the Center
requesting that the Woodville Karst cave crayfish be listed as an
endangered or threatened species under the Act. On September 27, 2011,
we published a 90-day finding in the Federal Register (76 FR 59836)
concluding that the petition presented substantial information
indicating that listing the Woodville Karst cave crayfish may be
warranted. This document constitutes the 12-month finding on the April
20, 2010, petition to list the Woodville Karst cave crayfish.
Summary of Finding
The Woodville Karst cave crayfish is a subterranean species of
crayfish endemic to several freshwater springs and sink caves within
the panhandle of Florida. The adults are approximately 25 mm (1 in) in
length and have a semitransparent cuticle revealing pinkish orange
tissue underneath.
The species is known from 18 aquatic cave sites, all of which are
within an area of approximately 100 square miles. It lives in shallow
water at the mouth of sink holes to depths of 91 m (300 ft) and appears
to require a flowing, freshwater, subterranean environment. However,
specific water-quality requirements for the species are unknown.
We evaluated all relevant stressors under the five factors,
including any regulatory mechanisms and conservation measures
addressing these stressors. The primary stressors include effects of
land-use activities and direct alterations of waterways, water
withdrawal, sea-level rise, and overutilization. These stressors do
not, alone or in combination, rise to a level that causes this species
to meet the definition of a threatened species or an endangered
species. Additionally, despite the potential for groundwater decline
over time, populations are likely to remain resilient and be minimally
affected since the species lives at significant spring depths and can
move among springs and sinks in the underground system. Therefore, we
find that listing the Woodville Karst cave crayfish as threatened or
endangered is not warranted. A detailed discussion of the basis for
this finding can be found in the Woodville Karst cave crayfish species
assessment form and other supporting documents (see ADDRESSES, above).
New Information
We request that you submit any new information concerning the
taxonomy,
[[Page 57565]]
biology, ecology, status of, or stressors to, the blackfin sucker,
Mohave shoulderband snail, white-tailed prairie dog, and Woodville
Karst cave crayfish to the appropriate person, as specified under FOR
FURTHER INFORMATION CONTACT, whenever it becomes available. New
information will help us monitor these species and encourage their
conservation. We encourage local agencies and stakeholders to continue
cooperative monitoring and conservation efforts for these species. If
an emergency situation develops for any of these species, we will act
to provide immediate protection.
References Cited
Lists of the references cited in the petition findings are
available on the Internet at https://www.regulations.gov in the dockets
listed above in ADDRESSES and upon request from the appropriate person,
as specified under FOR FURTHER INFORMATION CONTACT.
Authors
The primary authors of this document are the staff members of the
Species Assessment Team, Ecological Services Program.
Authority: The authority for this action is section 4 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: October 30, 2017.
James W. Kurth,
Deputy Director for U.S. Fish and Wildlife Service, Exercising the
Authority of the Director.
[FR Doc. 2017-26349 Filed 12-5-17; 8:45 am]
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