Endangered and Threatened Wildlife and Plants; 90-day Findings for Three Species, 30091-30094 [2018-13843]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Proposed Rules
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
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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERWAYS
1. The authority citation for part 100
continues to read as follows:
■
nshattuck on DSK9F9SC42PROD with PROPOSALS
Authority: 33 U.S.C. 1233; 33 CFR
1.05–1.
2. Add § 100.35T08–0548 to read as
follows:
■
§ 100.35T08–0548 Special Local
Regulation; Ohio River, Owensboro, KY.
(a) Location. The following area is a
temporary special local regulation: All
navigable waters of the Ohio River,
extending the entire width of the river,
VerDate Sep<11>2014
14:24 Jun 26, 2018
Jkt 244001
between mile marker (MM) 754.0 and
MM 760.0, Owensboro, KY.
(b) Effective period. This section is
effective from noon through 4 p.m. on
September 13, 2018.
(c) Special local regulations. (1) In
accordance with the general regulations
in § 100.801, entry into this area is
prohibited unless authorized by the
Captain of the Port Sector Ohio Valley
(COTP) or a 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 Ohio Valley. They may be
contacted on VHF–FM Channel 16 or by
telephone at 1–800–253–7465. A
designated representative may be a
Patrol Commander (PATCOM). The
PATCOM will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The PATCOM may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’.
(2) All persons and vessels not
registered with the sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the COTP to patrol the
regulated area.
(3) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the PATCOM and
when so directed by that officer will be
operated at a minimum safe navigation
speed in a manner which will not
endanger any other vessels.
(4) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of official patrol vessels in the
regulated area during the effective dates
and times, unless cleared for entry by or
through an official patrol vessel.
(5) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the air show.
(6) The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
regulated area, citation for failure to
comply, or both.
(7) The COTP or a designated
representative may terminate the
operation of any vessel at any time it is
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
30091
deemed necessary for the protection of
life or property.
(8) The COTP or a designated
representative will terminate
enforcement of the special local
regulation at the conclusion of the air
show.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this regulated area
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Broadcasts (MSIBs) as
appropriate.
Dated: June 21, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2018–13734 Filed 6–26–18; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 54 and 64
[WC Docket No. 10–90, 14–58, 07–135 and
CC Docket No. 01–92; Report No. 3091]
Petitions for Reconsideration of Action
in Rulemaking Proceeding
Correction
In proposed rule document 2018–
12786, appearing on pages 27746–27747
in the Issue of Thursday, June 14, 2018,
make the following correction:
On page 27746, in the third column,
under the heading ‘‘DATES:’’ the entry
‘‘June 25, 2018’’ is corrected to read
‘‘July 9, 2018’’.
[FR Doc. C1–2018–12786 Filed 6–26–18; 8:45 am]
BILLING CODE 1301–00–D
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[4500030115]
Endangered and Threatened Wildlife
and Plants; 90-day Findings for Three
Species
Fish and Wildlife Service,
Interior.
ACTION: Notice of petition findings and
initiation of status reviews.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce 90day findings on three petitions to add or
remove species from the List of
Endangered and Threatened Wildlife
SUMMARY:
E:\FR\FM\27JNP1.SGM
27JNP1
nshattuck on DSK9F9SC42PROD with PROPOSALS
30092
Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Proposed Rules
under the Endangered Species Act of
1973, as amended (Act). Based on our
review, we find that the three petitions
present substantial scientific or
commercial information indicating that
the petitioned actions may be
warranted. Therefore, with the
publication of this document, we
announce that we plan to initiate
reviews of the status of these species to
determine if the petitioned actions are
warranted. To ensure that these status
reviews are comprehensive, we are
requesting scientific and commercial
data and other information regarding
these species. Based on the status
reviews, we will issue 12-month
findings, which will address whether or
not the petitioned actions are warranted,
in accordance with the Act.
DATES: These findings were made on
June 27, 2018. As we commence work
on the status reviews, we seek any new
information concerning the status of, or
threats to, these species or their habitats.
Any information received during our
work on the status reviews will be
considered.
ADDRESSES: Supporting documents:
Summaries of the bases for the petition
findings contained in this document are
available on https://www.regulations.gov
under the appropriate docket number
(see table under SUPPLEMENTARY
INFORMATION). In addition, 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 are making 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 the table 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.
VerDate Sep<11>2014
14:24 Jun 26, 2018
Jkt 244001
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: [Insert appropriate
docket number; see the table 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).
FOR FURTHER INFORMATION CONTACT:
Species common name
Dixie Valley
toad.
Oregon vesper
sparrow.
Yellow-billed
cuckoo.
Contact person
Carolyn Swed, 775–861–
6337; carolyn_swed@
fws.gov.
Jeffrey Dillon, 503–231–
6179; jeffrey_dillon@
fws.gov.
Jennifer Norris, 916–414–
6600; jennifer_norris@
fws.gov.
If you use a telecommunications
device for the deaf, 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) in 50 CFR
part 17. 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’’ a species), remove
a species from the Lists (i.e., ‘‘delist’’ a
species), or change a listed species’
status from endangered to threatened or
from threatened to endangered (i.e.,
‘‘reclassify’’ a species) presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted. To
the maximum extent practicable, we are
to make this finding within 90 days of
our receipt of the petition and publish
the finding promptly in the Federal
Register.
Our regulations 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
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
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 species or a 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,
affect individuals of a species
negatively. 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
E:\FR\FM\27JNP1.SGM
27JNP1
Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Proposed Rules
whole. We also consider the cumulative
effect of the threats in light of those
actions and conditions that are expected
to have positive effects on the species—
such as 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 under the Act.
If we find that a petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted, the
Act requires us to promptly commence
a review of the status of the species, and
we will subsequently complete a status
30093
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 table
below and the bases for the findings,
along with supporting information, are
available on https://www.regulations.gov
under the appropriate docket number.
TABLE: STATUS REVIEWS
Common name
Docket no.
Dixie Valley toad .............................
Oregon vesper sparrow ..................
Yellow-billed cuckoo ........................
FWS–R8–ES–2018–0018 .............
FWS–R1–ES–2018–0019 .............
FWS–R8–ES–2018–0027 .............
Evaluation of a Petition To List the
Dixie Valley Toad as an Endangered or
Threatened Species Under the Act
Species and Range
The Dixie Valley toad (Anaxyrus
williamsi) is a small toad found in four
spring-fed wetlands in Dixie Valley,
Churchill County, Nevada.
Petition History
On September 18, 2017, we received
a petition from the Center for Biological
Diversity requesting that the Dixie
Valley toad be listed as threatened or
endangered under the Act. The petition
clearly identified itself as such and
included the requisite identification
information for the petitioner, required
at 50 CFR 424.14(a). This finding
addresses the petition.
nshattuck on DSK9F9SC42PROD with PROPOSALS
Finding
Based on our review of the petition
and sources cited in the petition, we
find that the petition presents
substantial scientific or commercial
information indicating the petitioned
action may be warranted for the Dixie
Valley toad due to potential threats
associated with the following:
Development of geothermal energy and
difficulty in associated mitigation,
decrease in spring discharge, changes in
water temperature, and groundwater
extraction (Factor A); and
chytridiomycosis disease and predation
by the invasive American bullfrog
(Factors C and E). However, during our
status review we will thoroughly
evaluate all potential threats to the
species, including the extent to which
any protections or other conservation
efforts have reduced those threats. Thus,
for this species, the Service requests any
information relevant to whether the
species falls within the definition of
either endangered species under section
VerDate Sep<11>2014
14:24 Jun 26, 2018
Jkt 244001
URL to docket on https://www.regulations.gov
https://www.regulations.gov/docket?D=FWS-R8-ES-2018-0018.
https://www.regulations.gov/docket?D=FWS-R1-ES-2018-0019.
https://www.regulations.gov/docket?D=FWS-R8-ES-2018-0027.
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–R8–ES–2018–0018 under the
Supporting Documents section.
Evaluation of a Petition To List the
Oregon Vesper Sparrow as an
Endangered or Threatened Species
Under the Act
Species and Range
The Oregon vesper sparrow
(Pooecetes gramineus affinis) is a
medium- to large-sized migratory
sparrow with a restricted range. The
breeding range currently consists of the
States of Washington (South Puget
lowlands, San Juan Island, lower
Columbia River islands, and Mason
County) and Oregon (Willamette,
Umpqua, and Rogue Valleys). The
winter range consists of areas in
California—the lowlands west of the
Sierra Nevada Mountains, from the San
Francisco Bay area through the San
Joaquin Valley to coastal southern
California.
Petition History
On November 8, 2017, we received a
petition from the American Bird
Conservancy requesting that the Oregon
vesper sparrow be listed as endangered
or threatened and critical habitat be
designated for this species under the
Act. The petition clearly identified itself
as such and included the requisite
identification information for the
petitioner, required at former 50 CFR
424.14(a). This finding addresses the
petition.
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
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 Oregon vesper sparrow due to
potential threats associated with the
following: Habitat loss and degradation
(Factor A); land use/management
impacts to nesting birds (Factor E); and
existing regulatory mechanisms that
may be inadequate to address impacts 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 species,
including the extent to which any
protections or other conservation efforts
have reduced those threats. Thus, for
this species, the Service requests any
information relevant to whether the
species falls within the definition of
either endangered species under section
3(6) of the Act or threatened species
under section 3(20) of the Act, including
information on the five listing factors
under section 4(a)(1) (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–R1–ES–2018–0019 under the
Supporting Documents section.
Evaluation of a Petition To Delist the
Western Distinct Population Segment of
the Yellow-Billed Cuckoo
Species and Range
The yellow-billed cuckoo (Coccyzus
americanus) occurs in North America
across the continental United States and
parts of British Columbia and Mexico.
E:\FR\FM\27JNP1.SGM
27JNP1
30094
Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Proposed Rules
The species winters in Central and
South America. The Western Distinct
Population Segment (DPS) of the
yellow-billed cuckoo (western yellowbilled cuckoo) occurs generally in the
area west of the Rocky Mountains from
British Columbia to Mexico. The
western DPS of the yellow-billed cuckoo
is listed as a threatened species on the
List of Endangered and Threatened
Wildlife (List; 50 CFR 17.11(h)).
nshattuck on DSK9F9SC42PROD with PROPOSALS
Petition History
On May 4, 2017, we received a
petition from the American Stewards of
Liberty, Arizona Cattlemen’s
Association, Arizona Mining
Association, Hereford Natural Resource
Conservation District, Jim Chilton,
National Cattlemen’s Beef Association,
Public Lands Council, WestLand
Resources, Inc., and Winkelman Natural
Resource Conservation District,
requesting that the western DPS of the
yellow-billed cuckoo be removed from
the List due to an error in our DPS
analysis. They also provided
information in their petition indicating
the species should be delisted as a result
of its utilization of additional habitat.
The petition clearly identified itself as
such and included the requisite
identification information for the
petitioners, required at 50 CFR
424.14(a). This finding addresses the
petition.
Finding
Based on our review of the petition
and sources cited in the petition, we
find that the petition presents
substantial scientific or commercial
information indicating that delisting the
western DPS of the yellow-billed cuckoo
may be warranted due to information on
additional habitat being used by the
species (Factor A). While we did not
find the petition provided substantial
information indicating the entity may
warrant delisting due to an error in our
DPS analysis, because the petitioners
did provide substantial information
regarding additional habitat use by the
species, we will review the DPS as part
of our status review of the species.
During our status review we will
thoroughly evaluate all potential threats
to the species, as well as revisit our DPS
determination. Thus, for this species,
the Service requests information on the
five listing factors under section 4(a)(1)
of the Act, including the factors
identified in this finding as well as
information pertaining to the DPS (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
VerDate Sep<11>2014
14:24 Jun 26, 2018
Jkt 244001
be found as an appendix at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2018–0027 under the
Supporting Documents section.
Request for Information for Status
Reviews
When we make a finding that a
petition presents substantial
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
these species from governmental
agencies, Native American Tribes, the
scientific community, industry, and any
other interested parties. We seek
information on:
(1) The species’ biology, range, and
population trends, including:
(a) Habitat requirements;
(b) Genetics and taxonomy;
(c) Historical and current range,
including distribution patterns; and
(d) Historical and current population
levels and current and projected trends.
(2) The five factors 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 these status reviews by one
of the methods listed in ADDRESSES. If
you submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the 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
PO 00000
Frm 00006
Fmt 4702
Sfmt 9990
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
under section 4(b)(3)(A) of the Act, we
have determined that the petitions
summarized above for the Dixie Valley
toad, Oregon vesper sparrow, and
yellow-billed cuckoo present substantial
scientific or commercial information
indicating that the petitioned actions
may be warranted. Therefore, we are
initiating status reviews to determine
whether these actions are warranted
under the Act. At the conclusion of each
status review, we will issue a finding, in
accordance with section 4(b)(3)(B) of the
Act, as to whether 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.
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: May 15, 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. 2018–13843 Filed 6–26–18; 8:45 am]
BILLING CODE 4333–15–P
E:\FR\FM\27JNP1.SGM
27JNP1
]]>Agencies
[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Proposed Rules]
[Pages 30091-30094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13843]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[4500030115]
Endangered and Threatened Wildlife and Plants; 90-day Findings
for Three Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition findings and initiation of status reviews.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on three petitions to add or remove species from the List
of Endangered and Threatened Wildlife
[[Page 30092]]
under the Endangered Species Act of 1973, as amended (Act). Based on
our review, we find that the three petitions present substantial
scientific or commercial information indicating that the petitioned
actions may be warranted. Therefore, with the publication of this
document, we announce that we plan to initiate reviews of the status of
these species to determine if the petitioned actions are warranted. To
ensure that these status reviews are comprehensive, we are requesting
scientific and commercial data and other information regarding these
species. Based on the status reviews, we will issue 12-month findings,
which will address whether or not the petitioned actions are warranted,
in accordance with the Act.
DATES: These findings were made on June 27, 2018. As we commence work
on the status reviews, we seek any new information concerning the
status of, or threats to, these species or their habitats. Any
information received during our work on the status reviews will be
considered.
ADDRESSES: Supporting documents: Summaries of the bases for the
petition findings contained in this document are available on https://www.regulations.gov under the appropriate docket number (see table
under SUPPLEMENTARY INFORMATION). In addition, 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 are making 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 the table 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 the
table 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).
FOR FURTHER INFORMATION CONTACT:
------------------------------------------------------------------------
Species common name Contact person
------------------------------------------------------------------------
Dixie Valley toad...................... Carolyn Swed, 775-861-6337;
[email protected].
Oregon vesper sparrow.................. Jeffrey Dillon, 503-231-6179;
[email protected].
Yellow-billed cuckoo................... Jennifer Norris, 916-414-6600;
[email protected].
------------------------------------------------------------------------
If you use a telecommunications device for the deaf, 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) in 50 CFR part 17. 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'' a species), remove a species from the
Lists (i.e., ``delist'' a species), or change a listed species' status
from endangered to threatened or from threatened to endangered (i.e.,
``reclassify'' a species) presents substantial scientific or commercial
information indicating that the petitioned action may be warranted. To
the maximum extent practicable, we are to make this finding within 90
days of our receipt of the petition and publish the finding promptly in
the Federal Register.
Our regulations 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 species or a
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, affect
individuals of a species negatively. 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
[[Page 30093]]
whole. We also consider the cumulative effect of the threats in light
of those actions and conditions that are expected to have positive
effects on the species--such as 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 under the
Act.
If we find that a petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted, 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
table below and the bases for the findings, along with supporting
information, are available on https://www.regulations.gov under the
appropriate docket number.
Table: Status Reviews
------------------------------------------------------------------------
URL to docket on
Common name Docket no. https://www.regulations.gov
------------------------------------------------------------------------
Dixie Valley toad............. FWS-R8-ES-2018-00 https://
18. www.regulations.gov/
docket?D=FWS-R8-ES-
2018-0018.
Oregon vesper sparrow......... FWS-R1-ES-2018-00 https://
19. www.regulations.gov/
docket?D=FWS-R1-ES-
2018-0019.
Yellow-billed cuckoo.......... FWS-R8-ES-2018-00 https://
27. www.regulations.gov/
docket?D=FWS-R8-ES-
2018-0027.
------------------------------------------------------------------------
Evaluation of a Petition To List the Dixie Valley Toad as an Endangered
or Threatened Species Under the Act
Species and Range
The Dixie Valley toad (Anaxyrus williamsi) is a small toad found in
four spring-fed wetlands in Dixie Valley, Churchill County, Nevada.
Petition History
On September 18, 2017, we received a petition from the Center for
Biological Diversity requesting that the Dixie Valley toad be listed as
threatened or endangered under the Act. The petition clearly identified
itself as such and included the requisite identification information
for the petitioner, required at 50 CFR 424.14(a). This finding
addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating the petitioned action may be
warranted for the Dixie Valley toad due to potential threats associated
with the following: Development of geothermal energy and difficulty in
associated mitigation, decrease in spring discharge, changes in water
temperature, and groundwater extraction (Factor A); and
chytridiomycosis disease and predation by the invasive American
bullfrog (Factors C and E). However, during our status review we will
thoroughly evaluate all potential threats to the species, including the
extent to which any protections or other conservation efforts have
reduced those threats. Thus, for this species, the Service requests any
information relevant to whether the species falls within the definition
of either endangered species under section 3(6) of the Act or
threatened species under section 3(20) 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-R8-ES-2018-0018 under
the Supporting Documents section.
Evaluation of a Petition To List the Oregon Vesper Sparrow as an
Endangered or Threatened Species Under the Act
Species and Range
The Oregon vesper sparrow (Pooecetes gramineus affinis) is a
medium- to large-sized migratory sparrow with a restricted range. The
breeding range currently consists of the States of Washington (South
Puget lowlands, San Juan Island, lower Columbia River islands, and
Mason County) and Oregon (Willamette, Umpqua, and Rogue Valleys). The
winter range consists of areas in California--the lowlands west of the
Sierra Nevada Mountains, from the San Francisco Bay area through the
San Joaquin Valley to coastal southern California.
Petition History
On November 8, 2017, we received a petition from the American Bird
Conservancy requesting that the Oregon vesper sparrow be listed as
endangered or threatened and critical habitat be designated for this
species under the Act. The petition clearly identified itself as such
and included the requisite identification information for the
petitioner, required at former 50 CFR 424.14(a). This finding addresses
the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted for the Oregon vesper sparrow due to potential threats
associated with the following: Habitat loss and degradation (Factor A);
land use/management impacts to nesting birds (Factor E); and existing
regulatory mechanisms that may be inadequate to address impacts 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 species, including the
extent to which any protections or other conservation efforts have
reduced those threats. Thus, for this species, the Service requests any
information relevant to whether the species falls within the definition
of either endangered species under section 3(6) of the Act or
threatened species under section 3(20) of the Act, including
information on the five listing factors under section 4(a)(1) (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-R1-ES-2018-0019 under
the Supporting Documents section.
Evaluation of a Petition To Delist the Western Distinct Population
Segment of the Yellow-Billed Cuckoo
Species and Range
The yellow-billed cuckoo (Coccyzus americanus) occurs in North
America across the continental United States and parts of British
Columbia and Mexico.
[[Page 30094]]
The species winters in Central and South America. The Western Distinct
Population Segment (DPS) of the yellow-billed cuckoo (western yellow-
billed cuckoo) occurs generally in the area west of the Rocky Mountains
from British Columbia to Mexico. The western DPS of the yellow-billed
cuckoo is listed as a threatened species on the List of Endangered and
Threatened Wildlife (List; 50 CFR 17.11(h)).
Petition History
On May 4, 2017, we received a petition from the American Stewards
of Liberty, Arizona Cattlemen's Association, Arizona Mining
Association, Hereford Natural Resource Conservation District, Jim
Chilton, National Cattlemen's Beef Association, Public Lands Council,
WestLand Resources, Inc., and Winkelman Natural Resource Conservation
District, requesting that the western DPS of the yellow-billed cuckoo
be removed from the List due to an error in our DPS analysis. They also
provided information in their petition indicating the species should be
delisted as a result of its utilization of additional habitat. The
petition clearly identified itself as such and included the requisite
identification information for the petitioners, required at 50 CFR
424.14(a). This finding addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating that delisting the western DPS of the
yellow-billed cuckoo may be warranted due to information on additional
habitat being used by the species (Factor A). While we did not find the
petition provided substantial information indicating the entity may
warrant delisting due to an error in our DPS analysis, because the
petitioners did provide substantial information regarding additional
habitat use by the species, we will review the DPS as part of our
status review of the species. During our status review we will
thoroughly evaluate all potential threats to the species, as well as
revisit our DPS determination. Thus, for this species, the Service
requests information on the five listing factors under section 4(a)(1)
of the Act, including the factors identified in this finding as well as
information pertaining to the DPS (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-R8-ES-2018-0027 under
the Supporting Documents section.
Request for Information for Status Reviews
When we make a finding that a petition presents substantial
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 these species from governmental agencies, Native
American Tribes, the scientific community, industry, and any other
interested parties. We seek information on:
(1) The species' biology, range, and population trends, including:
(a) Habitat requirements;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
and
(d) Historical and current population levels and current and
projected trends.
(2) The five factors 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 these status reviews by
one of the methods listed in ADDRESSES. If you submit information via
https://www.regulations.gov, your entire submission--including any
personal identifying information--will be posted on the 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 petitions summarized above for the Dixie Valley toad, Oregon vesper
sparrow, and yellow-billed cuckoo present substantial scientific or
commercial information indicating that the petitioned actions may be
warranted. Therefore, we are initiating status reviews to determine
whether these actions are warranted under the Act. At the conclusion of
each status review, we will issue a finding, in accordance with section
4(b)(3)(B) of the Act, as to whether 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.
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: May 15, 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. 2018-13843 Filed 6-26-18; 8:45 am]
BILLING CODE 4333-15-P
