Endangered and Threatened Wildlife and Plants; 90-Day Findings for Two Species, 16819-16822 [2018-07707]
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Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules
Security Directive 023–01 and
Commandant Instruction M16475.1D,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves a safety zone lasting one hour
that would prohibit entry between mile
marker 95 and mile marker 94 on the
Lower Mississippi River above Head of
Passes. Normally such actions are
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
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17:36 Apr 16, 2018
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the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0331 to read as
follows:
■
§ 165.T08–0331 Safety Zone; Lower
Mississippi River, New Orleans, LA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River, New Orleans,
LA from mile marker (MM) 94 to MM
95 above Head of Passes.
(b) Effective period. This section is
effective from 9:45 p.m. through 11 p.m.
on June 30, 2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Sector New Orleans
(COTP) or designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector New Orleans.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. They may be contacted
on VHF–FM Channel 16 or 67 or by
telephone at (504) 365–2200.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
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16819
Notices to Mariners of any changes in
the planned schedule.
Dated: April 11, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2018–07908 Filed 4–16–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[4500030115]
Endangered and Threatened Wildlife
and Plants; 90-Day Findings for Two
Species
Fish and Wildlife Service,
Interior.
ACTION: Notice of petition findings and
initiation of a status review.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce 90day findings on two petitions to list,
reclassify, or delist wildlife or plants
under the Endangered Species Act of
1973, as amended (Act). Based on our
review, we find that one petition
presents substantial scientific or
commercial information indicating that
the petitioned action may be warranted.
Therefore, with the publication of this
document, we announce that we plan to
initiate a review of the status of that
species to determine if the petitioned
action is warranted. To ensure that this
status review is comprehensive, we are
requesting scientific and commercial
data and other information regarding
this species. Based on the status review,
we will issue a 12-month finding on the
petition, which will address whether or
not the petitioned action is warranted,
in accordance with the Act. We also
find that one petition does not present
substantial scientific or commercial
information indicating that the
petitioned action may be warranted.
Therefore, we are not initiating a status
review of this species in response to that
petition. We refer to this finding as a
‘‘not substantial’’ petition finding.
DATES: These findings were made on
April 17, 2018. As we commence work
on the status review, we seek any new
information concerning the status of, or
threats to, the species or its habitat. Any
information received during our work
on the status review will be considered.
ADDRESSES:
Supporting documents: Summaries of
the bases for the petition findings
contained in this document are
SUMMARY:
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available on https://www.regulations.gov
under the appropriate docket number
(see table under SUPPLEMENTARY
INFORMATION). Supporting information in
preparing these findings is available for
public inspection, by appointment,
during normal business hours by
contacting the appropriate person, as
specified in FOR FURTHER INFORMATION
CONTACT.
Submitting information: If you have
new scientific or commercial data or
other information concerning the status
of, or threats to, the species for which
we made these petition findings, or their
habitats, please submit that information
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter the appropriate docket number
(see Table 1 under SUPPLEMENTARY
INFORMATION). Then, click on the Search
button. After finding the correct
document, 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 under
SUPPLEMENTARY INFORMATION], 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 we receive
on https://www.regulations.gov. This
Common name
SUPPLEMENTARY INFORMATION:
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Background
Section 4 of the Act (16 U.S.C. 1533)
and its implementing regulations in title
50 of the Code of Federal Regulations
(50 CFR part 424) set forth the
procedures for adding a species to, or
removing a species from, the Federal
Lists of Endangered and Threatened
Wildlife and Plants (Lists). Section
4(b)(3)(A) of the Act requires that we
make a finding on whether a petition to
add a species to the Lists (i.e., ‘‘list’’),
remove a species from the Lists (i.e.,
‘‘delist’’), or to change a listed species’
status from endangered to threatened, or
from threatened to endangered (i.e.,
‘‘reclassify’’) 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 the finding
promptly in the Federal Register.
Our regulations in the Code of Federal
Regulations (CFR) establish that
substantial scientific or commercial
information with regard to a 90-day
petition finding refers to ‘‘credible
scientific or commercial information in
support of the petition’s claims such
that a reasonable person conducting an
impartial scientific review would
conclude that the action proposed in the
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FOR FURTHER INFORMATION CONTACT:
Contact person
Cape mountain zebra ...............................................................................
Preble’s meadow jumping mouse ............................................................
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generally means that we will post any
personal information you provide us
(see Request for Information for Status
Reviews, below, for more information).
Not-substantial petition finding: A
summary of the basis for the notsubstantial petition finding contained in
this document is available on https://
www.regulations.gov under the
appropriate docket number (see Table 2
under SUPPLEMENTARY INFORMATION).
Supporting information in preparing
this finding 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, this species,
or its habitat, please submit that
information to the appropriate person.
Bridget Fahey, 703–358–2163; bridget_fahey@fws.gov.
Mike Thabault, 303–236–4210; michael_thabault@fws.gov.
petition may be warranted’’ (50 CFR
424.14(h)(1)(i)).
A species may be determined to be an
endangered or threatened species
because of one or more of the five
factors described in section 4(a)(1) of the
Act (16 U.S.C 1531 et seq.). 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).
These factors represent broad categories
of natural or human-caused actions or
conditions that could have an effect on
a species’ continued existence. In
evaluating these actions and conditions,
we look for those that may have a
negative effect on individuals of the
species, as well as other actions or
conditions that may ameliorate any
negative effects or may have positive
effects.
We use the term ‘‘threat’’ to refer in
general to actions or conditions that are
known to or are reasonably likely to
negatively affect individuals of a
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species. The term ‘‘threat’’ includes
actions or conditions that have a direct
impact on individuals (direct impacts),
as well as those that affect individuals
through alteration of their habitat or
required resources (stressors). The term
‘‘threat’’ may encompass—either
together or separately—the source of the
action or condition or the action or
condition itself. However, the mere
identification of any threat(s) may not
be sufficient to compel a finding that the
information in the petition is substantial
information indicating that the
petitioned action may be warranted. The
information presented in the petition
must include evidence sufficient to
suggest that these threats may be
affecting the species to the point that the
species may meet the definition of an
‘‘endangered’’ species or ‘‘threatened’’
species under the Act.
If we find that a petition presents
such information, our subsequent status
review will evaluate all identified
threats by considering the individual,
population, and species-level effects,
and the expected response by the
species. We will evaluate individual
threats and their expected effects on the
species, then analyze the cumulative
effect of the threats on the species as a
whole. We also consider the cumulative
effect of the threats in light of those
actions and conditions that will have
positive effects on the species—such as
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any existing regulatory mechanisms or
conservation efforts that may ameliorate
threats. It is only after conducting this
cumulative analysis of threats and the
actions that may ameliorate them, and
the expected effect on the species now
and in the foreseeable future, that we
can determine whether the species
meets the definition of an ‘‘endangered
species’’ or ‘‘threatened species.’’
If we find that a petition presents
substantial scientific or commercial
information, the Act requires us to
promptly commence a review of the
status of the species, and we will
subsequently complete a status review
in accordance with our prioritization
methodology for 12-month findings (81
FR 49248; July 27, 2016).
16821
Summaries of Petition Findings
The petition findings contained in
this document are listed in the tables
below and the bases for the findings,
along with supporting information, are
available on https://www.regulations.gov
under the appropriate docket number.
TABLE 1—STATUS REVIEW
Common name
Docket No.
Cape mountain zebra .................................
FWS–HQ–ES–2017–0100
URL to docket on https://www.regulations.gov.
https://www.regulations.gov/docket?D=FWS-HQ-ES-2017-0100.
TABLE 2—NOT-SUBSTANTIAL PETITION FINDING
Common name
Docket No.
Preble’s meadow jumping mouse ...............
FWS–R6–ES–2017–0102
Evaluation of a Petition To Delist the
Cape Mountain Zebra or Reclassify the
Subspecies as a Threatened Species
Under the Act
Species and Range
Cape mountain zebra (Equus zebra
zebra): South Africa (Eastern and
Western Cape provinces).
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Petition History
On May 10, 2017, we received a
petition dated May 10, 2017, from
Conservation Force and the Professional
Hunters Association of South Africa
requesting that we delist the Cape
mountain zebra (Equus zebra zebra) or
reclassify the subspecies from an
endangered species to a threatened
species under the Act. The petition
clearly identified itself as such and
included the requisite identification
information for the petitioner, required
at 50 CFR 424.14(c). This finding
addresses the petition.
Finding
Based on our review of the petition
and sources cited in the petition, we
find that the petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the Cape mountain zebra due to the
reduction or elimination of threats
related to the following: Habitat
availability (Factor A); commercial and
recreational use (Factor B); disease and
predation (Factor C); hybridization and
inbreeding (Factor E); and the
inadequacy of existing regulations with
regards to a number of these threats
(Factor D) (for information about these
factors, see Background, above).
However, during our status review, we
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URL to docket on https://www.regulations.gov
https://www.regulations.gov/docket?D=FWS-R6-ES-2017-0102.
will thoroughly evaluate all potential
threats to the subspecies, including the
extent to which any protections or other
conservation efforts have reduced those
threats. Thus, for this subspecies, the
Service requests any information
relevant to whether the subspecies 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) (see Request for
Information for Status Reviews, below).
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–
HQ–ES–2017–0100 under Supporting
Documents.
Evaluation of a Petition To Delist the
Preble’s Meadow Jumping Mouse
Under the Act
Species and Range
Preble’s meadow jumping mouse
(Zapus hudsonius preblei): Colorado
and Wyoming.
Petition History
On March 30, 2017, we received a
petition dated March 29, 2017, from
Pacific Legal Foundation (on behalf of
Dr. Rob Roy Ramey II; Center for
Environmental Science, Accuracy and
Reliability; Wyoming Stock Growers
Association; Colorado Cattlemen’s
Association; Colorado Association of
Home Builders; and Housing and
Building Association of Colorado
Springs), requesting that the Preble’s
meadow jumping mouse be delisted
under the Act due to an error in
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taxonomic information. The petition
clearly identified itself as such and
included the requisite identification
information for the petitioners, required
at 50 CFR 424.14(c). This finding
addresses the petition.
Finding
Based on our review of the petition
and the source cited in the petition, we
find that the petition presents no
additional or new information that
would support a taxonomic revision for
the Preble’s mouse or that would
indicate that the subspecies is not a
valid entity under the Act. Therefore,
we find that the petition does not
present substantial scientific or
commercial information indicating that
delisting the Preble’s meadow jumping
mouse may be warranted. Because the
petition does not present substantial
information indicating that delisting the
Preble’s meadow jumping mouse 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 Not-substantial petition finding
under ADDRESSES, above).
The basis for our finding on this
petition, and other information
regarding our review of this petition,
can be found as an appendix at https://
www.regulations.gov under Docket No.
FWS–R6–ES–2017–0102 under
Supporting Documents.
Request for Information for Status
Reviews
When we make a finding that a
petition presents substantial
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information indicating that listing,
reclassification, or delisting of a species
may be warranted, we are required to
review the status of the species (a status
review). For the status review to be
complete and based on the best
available scientific and commercial
information, we request information on
the 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 described in
section 4(a)(1) of the Act (see
Background, above) that are the basis for
making a listing, reclassification, or
delisting determination for a species
under section 4(a) of the Act, 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.
(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.
Submissions merely stating support
for or opposition to the actions under
consideration without providing
supporting information, although noted,
will not be considered in making a
determination. Section 4(b)(1)(A) of the
Act directs that determinations as to
whether any species is an endangered or
threatened species must be made
‘‘solely on the basis of the best scientific
and commercial data available.’’
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17:36 Apr 16, 2018
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You may submit your information
concerning the status review 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 website. 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.
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
information in the petition and sources
cited in the petition, as well as
information that is readily available,
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 90day finding does not mean that the 12month finding will result in a
‘‘warranted’’ finding.
Conclusion
On the basis of our evaluation of the
information presented in the petitions
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under section 4(b)(3)(A) of the Act, we
have determined that the petition
summarized above for the Cape
mountain zebra presents substantial
scientific or commercial information
indicating that the petitioned action
may be warranted. We are, therefore,
initiating a status review to determine
whether the action is warranted under
the Act. At the conclusion of the status
review, we will issue a finding, in
accordance with section 4(b)(3)(B) of the
Act, as to whether the petitioned action
is not warranted, warranted, or
warranted but precluded by pending
proposals to determine whether any
species is an endangered species or a
threatened species.
In addition, we have determined that
the petition summarized above for the
Preble’s meadow jumping mouse does
not present substantial scientific or
commercial information indicating that
the requested actions may be warranted.
Therefore, we are not initiating a status
review for this species.
Authors
The primary authors of this document
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: February 23, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife
Service, Exercising the Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018–07707 Filed 4–16–18; 8:45 am]
BILLING CODE 4333–15–P
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]]>Agencies
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Proposed Rules]
[Pages 16819-16822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07707]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[4500030115]
Endangered and Threatened Wildlife and Plants; 90-Day Findings
for Two Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition findings and initiation of a status review.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on two petitions to list, reclassify, or delist wildlife
or plants under the Endangered Species Act of 1973, as amended (Act).
Based on our review, we find that one petition presents substantial
scientific or commercial information indicating that the petitioned
action may be warranted. Therefore, with the publication of this
document, we announce that we plan to initiate a review of the status
of that species to determine if the petitioned action is warranted. To
ensure that this status review is comprehensive, we are requesting
scientific and commercial data and other information regarding this
species. Based on the status review, we will issue a 12-month finding
on the petition, which will address whether or not the petitioned
action is warranted, in accordance with the Act. We also find that one
petition does not present substantial scientific or commercial
information indicating that the petitioned action may be warranted.
Therefore, we are not initiating a status review of this species in
response to that petition. We refer to this finding as a ``not
substantial'' petition finding.
DATES: These findings were made on April 17, 2018. As we commence work
on the status review, we seek any new information concerning the status
of, or threats to, the species or its habitat. Any information received
during our work on the status review will be considered.
ADDRESSES:
Supporting documents: Summaries of the bases for the petition
findings contained in this document are
[[Page 16820]]
available on https://www.regulations.gov under the appropriate docket
number (see table under SUPPLEMENTARY INFORMATION). Supporting
information in preparing these findings is available for public
inspection, by appointment, during normal business hours by contacting
the appropriate person, as specified in FOR FURTHER INFORMATION
CONTACT.
Submitting information: If you have new scientific or commercial
data or other information concerning the status of, or threats to, the
species for which we made these petition findings, or their habitats,
please submit that information by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter the appropriate docket
number (see Table 1 under SUPPLEMENTARY INFORMATION). Then, click on
the Search button. After finding the correct document, 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 under SUPPLEMENTARY INFORMATION], 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 we receive 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 information).
Not-substantial petition finding: A summary of the basis for the
not-substantial petition finding contained in this document is
available on https://www.regulations.gov under the appropriate docket
number (see Table 2 under SUPPLEMENTARY INFORMATION). Supporting
information in preparing this finding 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, this species, or its habitat, please submit that
information to the appropriate person.
FOR FURTHER INFORMATION CONTACT:
------------------------------------------------------------------------
Common name Contact person
------------------------------------------------------------------------
Cape mountain zebra.................... Bridget Fahey, 703-358-2163;
[email protected].
Preble's meadow jumping mouse.......... Mike Thabault, 303-236-4210;
[email protected].
------------------------------------------------------------------------
If you use a telecommunications device for the deaf (TDD), please
call the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations in title 50 of the Code of Federal Regulations (50 CFR part
424) set forth the procedures for adding a species to, or removing a
species from, the Federal Lists of Endangered and Threatened Wildlife
and Plants (Lists). Section 4(b)(3)(A) of the Act requires that we make
a finding on whether a petition to add a species to the Lists (i.e.,
``list''), remove a species from the Lists (i.e., ``delist''), or to
change a listed species' status from endangered to threatened, or from
threatened to endangered (i.e., ``reclassify'') 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 the finding promptly in the Federal Register.
Our regulations in the Code of Federal Regulations (CFR) establish
that substantial scientific or commercial information with regard to a
90-day petition finding refers to ``credible scientific or commercial
information in support of the petition's claims such that a reasonable
person conducting an impartial scientific review would conclude that
the action proposed in the petition may be warranted'' (50 CFR
424.14(h)(1)(i)).
A species may be determined to be an endangered or threatened
species because of one or more of the five factors described in section
4(a)(1) of the Act (16 U.S.C 1531 et seq.). 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).
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself. However, the mere
identification of any threat(s) may not be sufficient to compel a
finding that the information in the petition is substantial information
indicating that the petitioned action may be warranted. The information
presented in the petition must include evidence sufficient to suggest
that these threats may be affecting the species to the point that the
species may meet the definition of an ``endangered'' species or
``threatened'' species under the Act.
If we find that a petition presents such information, our
subsequent status review will evaluate all identified threats by
considering the individual, population, and species-level effects, and
the expected response by the species. We will evaluate individual
threats and their expected effects on the species, then analyze the
cumulative effect of the threats on the species as a whole. We also
consider the cumulative effect of the threats in light of those actions
and conditions that will have positive effects on the species--such as
[[Page 16821]]
any existing regulatory mechanisms or conservation efforts that may
ameliorate threats. It is only after conducting this cumulative
analysis of threats and the actions that may ameliorate them, and the
expected effect on the species now and in the foreseeable future, that
we can determine whether the species meets the definition of an
``endangered species'' or ``threatened species.''
If we find that a petition presents substantial scientific or
commercial information, the Act requires us to promptly commence a
review of the status of the species, and we will subsequently complete
a status review in accordance with our prioritization methodology for
12-month findings (81 FR 49248; July 27, 2016).
Summaries of Petition Findings
The petition findings contained in this document are listed in the
tables below and the bases for the findings, along with supporting
information, are available on https://www.regulations.gov under the
appropriate docket number.
Table 1--Status Review
----------------------------------------------------------------------------------------------------------------
URL to docket on https://
Common name Docket No. www.regulations.gov.
----------------------------------------------------------------------------------------------------------------
Cape mountain zebra................. FWS-HQ-ES-2017-0100 https://www.regulations.gov/docket?D=FWS-HQ-ES-2017-0100.
----------------------------------------------------------------------------------------------------------------
Table 2--Not-Substantial Petition Finding
----------------------------------------------------------------------------------------------------------------
URL to docket on https://
Common name Docket No. www.regulations.gov
----------------------------------------------------------------------------------------------------------------
Preble's meadow jumping mouse....... FWS-R6-ES-2017-0102 https://www.regulations.gov/docket?D=FWS-R6-ES-2017-0102.
----------------------------------------------------------------------------------------------------------------
Evaluation of a Petition To Delist the Cape Mountain Zebra or
Reclassify the Subspecies as a Threatened Species Under the Act
Species and Range
Cape mountain zebra (Equus zebra zebra): South Africa (Eastern and
Western Cape provinces).
Petition History
On May 10, 2017, we received a petition dated May 10, 2017, from
Conservation Force and the Professional Hunters Association of South
Africa requesting that we delist the Cape mountain zebra (Equus zebra
zebra) or reclassify the subspecies from an endangered species to a
threatened species under the Act. The petition clearly identified
itself as such and included the requisite identification information
for the petitioner, required at 50 CFR 424.14(c). This finding
addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted for the Cape mountain zebra due to the reduction or
elimination of threats related to the following: Habitat availability
(Factor A); commercial and recreational use (Factor B); disease and
predation (Factor C); hybridization and inbreeding (Factor E); and the
inadequacy of existing regulations with regards to a number of these
threats (Factor D) (for information about these factors, see
Background, above). However, during our status review, we will
thoroughly evaluate all potential threats to the subspecies, including
the extent to which any protections or other conservation efforts have
reduced those threats. Thus, for this subspecies, the Service requests
any information relevant to whether the subspecies 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) (see
Request for Information for Status Reviews, below).
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-HQ-ES-2017-0100 under
Supporting Documents.
Evaluation of a Petition To Delist the Preble's Meadow Jumping Mouse
Under the Act
Species and Range
Preble's meadow jumping mouse (Zapus hudsonius preblei): Colorado
and Wyoming.
Petition History
On March 30, 2017, we received a petition dated March 29, 2017,
from Pacific Legal Foundation (on behalf of Dr. Rob Roy Ramey II;
Center for Environmental Science, Accuracy and Reliability; Wyoming
Stock Growers Association; Colorado Cattlemen's Association; Colorado
Association of Home Builders; and Housing and Building Association of
Colorado Springs), requesting that the Preble's meadow jumping mouse be
delisted under the Act due to an error in taxonomic information. The
petition clearly identified itself as such and included the requisite
identification information for the petitioners, required at 50 CFR
424.14(c). This finding addresses the petition.
Finding
Based on our review of the petition and the source cited in the
petition, we find that the petition presents no additional or new
information that would support a taxonomic revision for the Preble's
mouse or that would indicate that the subspecies is not a valid entity
under the Act. Therefore, we find that the petition does not present
substantial scientific or commercial information indicating that
delisting the Preble's meadow jumping mouse may be warranted. Because
the petition does not present substantial information indicating that
delisting the Preble's meadow jumping mouse 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 Not-substantial
petition finding under ADDRESSES, above).
The basis for our finding on this petition, and other information
regarding our review of this petition, can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-R6-ES-2017-0102 under
Supporting Documents.
Request for Information for Status Reviews
When we make a finding that a petition presents substantial
[[Page 16822]]
information indicating that listing, reclassification, or delisting of
a species may be warranted, we are required to review the status of the
species (a status review). For the status review to be complete and
based on the best available scientific and commercial information, we
request information on the 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 described in section 4(a)(1) of the Act (see
Background, above) that are the basis for making a listing,
reclassification, or delisting determination for a species under
section 4(a) of the Act, 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.
(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.
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 the status review 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 website. 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.
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 information in the petition and sources cited in
the petition, as well as information that is readily available, 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.
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 petition summarized above for the Cape mountain zebra presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. We are, therefore, initiating a
status review to determine whether the action is warranted under the
Act. At the conclusion of the status review, we will issue a finding,
in accordance with section 4(b)(3)(B) of the Act, as to whether the
petitioned action is not warranted, warranted, or warranted but
precluded by pending proposals to determine whether any species is an
endangered species or a threatened species.
In addition, we have determined that the petition summarized above
for the Preble's meadow jumping mouse does not present substantial
scientific or commercial information indicating that the requested
actions may be warranted. Therefore, we are not initiating a status
review for this species.
Authors
The primary authors of this document 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: February 23, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-07707 Filed 4-16-18; 8:45 am]
BILLING CODE 4333-15-P
