Endangered and Threatened Wildlife and Plants; 12-Month Findings on Petitions To List Eight Species as Endangered or Threatened Species, 13237-13242 [2019-06535]

Download as PDF 13237 Federal Register / Vol. 84, No. 65 / Thursday, April 4, 2019 / Proposed Rules Required Determinations Clarity of the Rule We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (1) Be logically organized; (2) Use the active voice to address readers directly; (3) Use clear language rather than jargon; (4) Be divided into short sections and sentences; and (5) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in ADDRESSES. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. National Environmental Policy Act We have determined that environmental assessments and environmental impact statements, as defined under the authority of the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), need not be prepared in connection with listing a species as an endangered or threatened species under the Common name * Endangered Species Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983 (48 FR 49244). Government-to-Government Relationship With Tribes In accordance with the President’s memorandum of April 29, 1994 (Government-to-Government Relations with Native American Tribal Governments; 59 FR 22951), Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments), and the Department of the Interior’s manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. In accordance with Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act), we readily acknowledge our responsibilities to work directly with tribes in developing programs for healthy ecosystems, to acknowledge that tribal lands are not subject to the same controls as Federal public lands, to remain sensitive to Indian culture, and to make information available to tribes. We have no records of the Missouri DPS of the eastern hellbender occurring on tribal lands. References Cited A complete list of references cited in this proposed rule is available on the internet at https://www.regulations.gov Scientific name * * Where listed * and upon request from the Missouri Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). Authors The primary authors of this proposed rule are the staff members of the Service’s Midwest Regional Office. List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Proposed Regulation Promulgation Accordingly, we propose to amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS 1. The authority citation for part 17 continues to read as follows: ■ Authority: 16 U.S.C. 1361–1407; 1531– 1544; and 4201–4245, unless otherwise noted. 2. Amend § 17.11(h) by adding an entry for ‘‘Hellbender, eastern [Missouri DPS]’’ to the List of Endangered and Threatened Wildlife in alphabetical order under AMPHIBIANS to read as set forth below: ■ § 17.11 Endangered and threatened wildlife. * * * (h) * * * Status * * Listing citations and applicable rules * * * AMPHIBIANS * * Hellbender, eastern [Missouri DPS] ... * * Cryptobranchus alleganiensis alleganiensis. * * Dated: March 27, 2019. Margaret E. Everson, Principal Deputy Director, Exercising the Authority of the Director, for the U.S. Fish and Wildlife Service. * * Missouri ......... * * DEPARTMENT OF THE INTERIOR [4500090022] jbell on DSK30RV082PROD with PROPOSALS AGENCY: Fish and Wildlife Service, Interior. 18:40 Apr 03, 2019 Jkt 247001 * Notice of 12-month petition findings. ACTION: We, the U.S. Fish and Wildlife Service (Service), announce 12month findings on petitions to list eight species as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list the Arkansas mudalia, ashy darter, Barrens darter, Chihuahua scurfpea, coldwater crayfish, Eleven SUMMARY: 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Findings on Petitions To List Eight Species as Endangered or Threatened Species VerDate Sep<11>2014 * Fish and Wildlife Service [FR Doc. 2019–06536 Filed 4–3–19; 8:45 am] BILLING CODE 4333–15–P * * [Federal Register citation when published as a final rule.] E PO 00000 Frm 00095 Fmt 4702 Sfmt 4702 E:\FR\FM\04APP1.SGM 04APP1 13238 Federal Register / Vol. 84, No. 65 / Thursday, April 4, 2019 / Proposed Rules Point River crayfish, Spring River crayfish, and red-crowned parrot. However, we ask the public to submit to us at any time any new information that becomes available relevant to the status of any of the species mentioned above or their habitats. The findings in this document were made on April 4, 2019. DATES: Species Docket No. Arkansas mudalia ............................................................................................................................................................. Ashy darter ....................................................................................................................................................................... Barrens darter ................................................................................................................................................................... Chihuahua scurfpea ......................................................................................................................................................... Coldwater crayfish, Eleven Point River crayfish, and Spring River crayfish ................................................................... Red-crowned parrot .......................................................................................................................................................... FWS–R4–ES–2019–0003 FWS–R4–ES–2018–0059 FWS–R4–ES–2018–0060 FWS–R2–ES–2018–0061 FWS–R3–ES–2019–0002 FWS–R2–ES–2018–0063 Supporting information used to prepare these findings is available for public inspection, by appointment, during normal business hours, by contacting the appropriate person, as specified under FOR FURTHER INFORMATION CONTACT. Please submit any new information, materials, comments, or questions concerning these findings to the appropriate person, as specified under FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Species Contact information Arkansas mudalia ..................................................................................... Melvin Tobin, Field Supervisor, Arkansas Ecological Services Field Office, 501–513–4473. Michelle Eversen, Area Supervisor, Tennessee Ecological Services Field Office, 404–679–4108. Warren Stiles, Fish and Wildlife Biologist, Tennessee Ecological Services Field Office, 931–528–6481. Mark W. Horner, Fish and Wildlife Biologist, New Mexico Ecological Services Field Office, 505–761–4723. Karen Herrington, Field Supervisor, Missouri Ecological Services Field Office, 573–234–2132, ext. 166. Gretchen E. Nareff, Fish and Wildlife Biologist, Texas Coastal Ecological Services Field Office, 361–225–7318. Ashy darter ............................................................................................... Barrens darter ........................................................................................... Chihuahua scurfpea ................................................................................. Coldwater crayfish, Eleven Point River crayfish, and Spring River crayfish. Red-crowned parrot .................................................................................. If you use a telecommunications device for the deaf (TDD), please call the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: jbell on DSK30RV082PROD with PROPOSALS Detailed descriptions of the basis for each of these findings are available on the internet at https:// www.regulations.gov under the following docket numbers: ADDRESSES: Background We are required to make a finding whether or not the petitioned action is warranted within 12 months after receiving any petition we determined contained substantial scientific or commercial information indicating that the petitioned action may be warranted (section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.)) (‘‘12-month finding’’). We must make a finding that the petitioned action is: (1) Not warranted; (2) warranted; or (3) warranted but precluded. ‘‘Warranted but precluded’’ means that (a) the petitioned action is warranted, but the immediate proposal of a regulation implementing the petitioned action is precluded by other pending proposals to determine whether species are endangered or threatened species, and (b) expeditious progress is being made to add qualified species to the Lists of Endangered and Threatened Wildlife and Plants (Lists) and to remove from the Lists species for which the protections of the Act are no longer necessary. Section 4(b)(3)(C) of the Act VerDate Sep<11>2014 16:38 Apr 03, 2019 Jkt 247001 requires that we treat a petition for which the requested action is found to be warranted but precluded as though resubmitted on the date of such finding, that is, requiring that a subsequent finding be made within 12 months of that date. We must publish these 12month findings in the Federal Register. Summary of Information Pertaining to the Five Factors Section 4 of the Act (16 U.S.C. 1533) and the implementing regulations at part 424 of title 50 of the Code of Federal Regulations (50 CFR part 424) set forth procedures for adding species to, removing species from, or reclassifying species on the Lists. The Act defines ‘‘endangered species’’ as any species that is in danger of extinction throughout all or a significant portion of its range (16 U.S.C. 1532(6)), and ‘‘threatened species’’ as any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range (16 U.S.C. 1532(20)). Under section 4(a)(1) of the Act, a species may be determined to be an endangered species or a threatened species because of any of the following five factors: PO 00000 Frm 00096 Fmt 4702 Sfmt 4702 (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) Overutilization for commercial, recreational, scientific, or educational purposes; (C) Disease or predation; (D) The inadequacy of existing regulatory mechanisms; or (E) Other natural or manmade factors affecting its continued existence. In considering whether a species may meet the definition of an endangered species or a threatened species because of any of the five factors, we must look beyond the mere exposure of the species to the stressor to determine whether the species responds to the stressor in a way that causes actual impacts to the species. If there is exposure to a stressor, but no response, or only a positive response, that stressor does not cause a species to meet the definition of an endangered species or a threatened species. If there is exposure and the species responds negatively, we determine whether that stressor drives or contributes to the risk of extinction of the species such that the species warrants listing as an endangered or threatened species. The mere identification of stressors that could E:\FR\FM\04APP1.SGM 04APP1 Federal Register / Vol. 84, No. 65 / Thursday, April 4, 2019 / Proposed Rules affect a species negatively is not sufficient to compel a finding that listing is or remains warranted. For a species to be listed or remain listed, we require evidence that these stressors are operative threats to the species and its habitat, either singly or in combination, to the point that the species meets the definition of an endangered or a threatened species under the Act. In conducting our evaluation of the five factors provided in section 4(a)(1) of the Act to determine whether the Arkansas mudalia (Leptoxis arkansensis), ashy darter (Etheostoma cinereum), Barrens darter (Etheostoma forbesi), Pediomelum pentaphyllum (Chihuahua scurfpea), coldwater crayfish (Faxonius eupunctus), Eleven Point River crayfish (Faxonius wagneri), Spring River crayfish (Faxonius roberti), and red-crowned parrot (Amazona viridigenalis) meet the definition of ‘‘endangered species’’ or ‘‘threatened species,’’ we considered and thoroughly evaluated the best scientific and commercial information available regarding the past, present, and future stressors and threats. We reviewed the petitions, information available in our files, and other available published and unpublished information. These evaluations may include information from recognized experts; Federal, State, and tribal governments; academic institutions; foreign governments; private entities; and other members of the public. The species assessment forms for the Arkansas mudalia, ashy darter, Barrens darter, Chihuahua scurfpea, coldwater crayfish, Eleven Point River crayfish, Spring River crayfish, and red-crowned parrot contain more detailed biological information, a thorough analysis of the listing factors, and an explanation of why we determined that these species do not meet the definition of an endangered species or a threatened species. This supporting information can be found on the internet at https:// www.regulations.gov under the appropriate docket number (see ADDRESSES, above). The following are informational summaries for each of the findings in this document. jbell on DSK30RV082PROD with PROPOSALS Arkansas Mudalia Previous Federal Actions On April 20, 2010, we received a petition from the Center for Biological Diversity, Alabama Rivers Alliance, Clinch Coalition, Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council, and West Virginia Highlands Conservancy to list 404 aquatic, riparian, and wetland species, including the Arkansas mudalia, as VerDate Sep<11>2014 16:38 Apr 03, 2019 Jkt 247001 endangered or threatened species under the Act. On September 27, 2011, we published a 90-day finding in the Federal Register (76 FR 59836), concluding that the petition presented substantial information indicating the Arkansas mudalia may warrant listing. This document constitutes the 12-month finding on the April 20, 2010, petition to list the Arkansas mudalia under the Act. Summary of Finding The Arkansas mudalia is a freshwater snail. Its body is dark orange mottled with black and ranges in size from 7.9 to 12.2 millimeters (0.3 to 0.5 inches). Although information on its life cycle is limited, individuals likely live for 2 years and reproduce only once before death. Reproduction occurs during the spring through midsummer, and individuals need a hard, clean substrate on which to lay eggs. The Arkansas mudalia is endemic to the White River and its tributaries in Arkansas and Missouri. The species inhabits medium- to large-sized rivers in areas of relatively fast current with course rocky substrate. The dispersal of the Arkansas mudalia is slow and restricted. Like most freshwater snails, individuals likely move much less than 1 kilometer (0.6 miles) per year. Therefore, to maintain genetic diversity and reduce the risk of extirpation, it is beneficial for multiple populations to exist in close proximity to facilitate mixing and recolonization. We have carefully assessed the best scientific and commercial information regarding the past, present, and future threats to the Arkansas mudalia, and we evaluated all relevant factors under the five listing factors, including any regulatory mechanisms and conservation measures addressing these stressors. The primary stressors are those related to water quality, including impoundments, contaminants, sedimentation, reduced range or isolation, and climate change. We found that the Arkansas mudalia is extant at 13 of 19 historically known sites spread through five tributaries of the White River drainage. Since 2005, several new populations have been discovered outside the historical range, indicating that the current range is larger than previously thought, although the populations are now isolated from those in other tributaries. Despite historical habitat modification and destruction from dams, which led to extirpation of some populations, extant populations appear sufficiently resilient to natural stochastic events as long as suitable habitat remains. Four newly discovered populations occur on U.S. PO 00000 Frm 00097 Fmt 4702 Sfmt 4702 13239 Forest Service land, where pressures from habitat modification and degradation are minimal. In addition, the species is well represented in the White River watershed, existing in the North Fork White River watershed with multiple populations spread throughout the main stem North Fork River and some tributaries. Therefore, a single catastrophic event is unlikely to extirpate all populations within this watershed, and recolonization would likely be possible. For these reasons, we find that these stressors do not, alone or in combination, rise to a level that causes this species to meet the definition of an endangered species or a threatened species. Therefore, we find that listing the Arkansas mudalia as an endangered species or threatened species is not warranted. A detailed discussion of the basis for this finding can be found in the Arkansas mudalia species assessment form and other supporting documents (see ADDRESSES, above). Ashy Darter Previous Federal Actions On April 20, 2010, we received a petition from the Center for Biological Diversity, Alabama Rivers Alliance, Clinch Coalition, Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council, and West Virginia Highlands Conservancy to list 404 aquatic, riparian, and wetland species, including the ashy darter, as endangered or threatened species under the Act. On September 27, 2011, we published a 90day finding in the Federal Register (76 FR 59836), concluding that the petition presented substantial information indicating that listing the ashy darter may be warranted. This notice constitutes the 12-month finding on the April 20, 2010, petition to list the ashy darter under the Act. Summary of Finding The ashy darter is a fish in the family Percidae that is endemic to the Tennessee River system in Alabama, Georgia, Tennessee, and Virginia. The ashy darter is large relative to most other darter species, attaining a maximum total length of about 100 millimeters (3.9 inches). Normal life span for the ashy darter is 3 to 4 years, and spawning occurs from January to mid-April. The primary prey items of the ashy darter are midge larvae, burrowing mayfly larvae, and oligochaete worms. The ashy darter occurs in mediumsized streams with silt-free substrates. These are typically clear, cool- to warmwater streams with a moderate gradient. E:\FR\FM\04APP1.SGM 04APP1 jbell on DSK30RV082PROD with PROPOSALS 13240 Federal Register / Vol. 84, No. 65 / Thursday, April 4, 2019 / Proposed Rules The ashy darter tends to occupy depths of 1.6 to 6.6 feet (0.5 to 2 meters) in areas of bedrock or clean gravel substrate with rocks and boulders. In the upper Tennessee River system, the species occupies backwater or pool habitats with slab rocks containing a slight layer of silt. The ashy darter has been found in close proximity to or underneath boulders and in or near beds of water willow. We have carefully assessed the best scientific and commercial information regarding the past, present, and future threats to the ashy darter, and we evaluated all relevant factors under the five listing factors, including any regulatory mechanisms and conservation measures addressing these stressors. The primary stressors are impoundments, physical habitat disturbance, contaminants, sedimentation, reduced range, and climate change. The ashy darter is present in six tributaries to the Tennessee River, which are isolated from one another by large impoundments. Currently, the species has two populations with high resilience (referring to the species’ ability to withstand environmental or demographic stochastic disturbance), three populations with moderate resilience, and one that has unknown resilience. Two populations that have been extirpated since around 1854 and 1953. We estimate that the ashy darter has a medium adaptive potential (or representation) and despite the isolation of populations, the species’ representation has been strengthened by its expansion in the Clinch River, and continues to be supported by its widespread occurrence and persistence throughout most of its historical range. The ashy darter has multiple populations occurring over a wide extent across the Tennessee River watershed, in the Upper Tennessee, Elk River, and Duck River management units, and all physiographic provinces where the species is native. The ashy darter has medium redundancy (referring to the species’ ability to withstand catastrophic events) because it maintains all but two historical populations. Overall, we find that the stressors acting on the species and its habitat, either singly or in combination, are not of sufficient imminence, intensity, or magnitude to indicate that the species meets the definition of an endangered species or a threatened species throughout all or a significant portion of its range. Therefore, we find that listing the ashy darter as endangered or threatened is not warranted. A detailed discussion of the basis for this finding VerDate Sep<11>2014 16:38 Apr 03, 2019 Jkt 247001 can be found in the ashy darter species assessment form and other supporting documents (see ADDRESSES, above). Barrens Darter Previous Federal Actions On April 20, 2010, we received a petition from the Center for Biological Diversity, Alabama Rivers Alliance, Clinch Coalition, Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council, and West Virginia Highlands Conservancy to list 404 aquatic, riparian, and wetland species, including the Barrens darter, as endangered or threatened species under the Act. On September 27, 2011, we published a 90-day finding in the Federal Register (76 FR 59836), concluding that the petition presented substantial information indicating that listing the Barrens darter may be warranted. This notice constitutes the 12-month finding on the April 20, 2010, petition to list the Barrens darter under the Act. Summary of Finding The Barrens darter is a small, drab, benthic fish, with a maximum length of 97 millimeters (3.8 inches). The species is highly endemic, with a very narrow distribution in Middle Tennessee in the headwaters of the Collins River, which is a tributary of the Caney Fork River in the Cumberland River Drainage. It is restricted to small headwater streams, although it may disperse to other headwater habitats via larger downstream reaches. Slabrock cobble substrate provides cover for all life stages and is an important habitat feature for spawning, which occurs in April and May. During the spawning season, Barrens darters congregate in shallow riffle and run areas with roughly 4- to 12-inch slab rock cobble with cavities underneath. The species has a life span of approximately 3 years. We have carefully assessed the best scientific and commercial information regarding the past, present, and future threats to the Barrens darter, and we evaluated all relevant factors under the five listing factors, including any regulatory mechanisms and conservation measures addressing these stressors. The primary stressors are water pollution, sedimentation, hybridization with the fringed darter, and effects of climate change. The historical range of Barrens darter populations is small and has been reduced by the loss of two of seven populations. Species’ redundancy and representation have always been low and are likely the natural condition. PO 00000 Frm 00098 Fmt 4702 Sfmt 4702 Three populations currently have moderate to high resiliency, while two have low resiliency due to a combination of factors, including presence of or close proximity to fringed darters, low approximate abundance, and reduced habitat and water quality. We conclude that stressors related to habitat quality (e.g., sedimentation, scouring or loss of slabrock cobble from the streambed) will likely impact the species in the future; however, the overall condition of the species is not predicted to change significantly from these impacts within the foreseeable future. We find that the stressors acting on the species and its habitat, either singly or in combination, are not of sufficient imminence, intensity, or magnitude to indicate that the species meets the definition of an endangered species or a threatened species throughout all or a significant portion of its range. Therefore, we find that listing the Barrens darter as endangered or threatened is not warranted. A detailed discussion of the basis for this finding can be found in the Barrens darter species assessment form and other supporting documents (see ADDRESSES, above). Chihuahua Scurfpea Previous Federal Actions On June 25, 2007, we received a petition from WildEarth Guardians (then Forest Guardians) to list 475 species in the southwestern United States, including Chihuahua scurfpea, as endangered or threatened under the Act. On October 15, 2008, we received an additional petition from WildEarth Guardians requesting that we list Chihuahua scurfpea, specifically, as endangered or threatened. On December 16, 2009, we published a 90-day finding in the Federal Register (74 FR 66866) in which we determined that the petitions presented substantial scientific and commercial information indicating that listing Chihuahua scurfpea may be warranted. This notice constitutes the 12-month finding on the June 25, 2007, and October 15, 2008, petitions to list Chihuahua scurfpea under the Act. Summary of Finding Chihuahua scurfpea is a perennial herb in the legume family that grows to approximately 25 centimeters (9.8 inches) in height. Flowers are pea-like with purple and white petals, and the fruit is a small pod 7 to 8 millimeters (0.28 to 0.31 inches) long. The species was known to occur historically in New Mexico; Arizona; Chihuahua, Mexico; and possibly western Texas. It is known E:\FR\FM\04APP1.SGM 04APP1 jbell on DSK30RV082PROD with PROPOSALS Federal Register / Vol. 84, No. 65 / Thursday, April 4, 2019 / Proposed Rules currently from southwestern New Mexico and southeastern Arizona. The species occurs in deserts and xeric shrublands of the Apache Highlands and Chihuahuan Desert ecoregions. Chihuahua scurfpea is found in areas of deep, sandy soils, occupying areas of bare ground between desert shrubs. Average annual precipitation in these regions is approximately 382 millimeters (15 inches), with 50 percent of precipitation occurring during the North American monsoon season. For much of the year, Chihuahua scurfpea exists below ground as a dormant tuber-like taproot, which fosters some degree of drought tolerance. In spring and again during the monsoon season (July to August), ample precipitation stimulates aboveground emergence, beginning the reproductive cycle. Spring flowering occurs primarily in April and May, and monsoon flowering occurs mainly in July and August. We evaluated all relevant stressors under the five factors, including any regulatory mechanisms and conservation measures addressing these stressors. The primary stressors include herbicide used for grassland restoration, decreased precipitation from climate change, and surface disturbance. We find that although the herbicide Tebuthiuron is toxic to Chihuahua scurfpea, individuals and populations are capable of survival after herbicide treatment, provided there is sufficient precipitation. We assessed projected changes in precipitation due to climate change and found that projected precipitation levels are anticipated to be sufficient for the species’ needs, including following potential impacts from Tebuthiuron application. Regarding surface disturbance, none of the potential sources of disturbance was found to occur at levels that would impact populations now or in the foreseeable future. For these reasons, we find that these stressors do not, alone or in combination, rise to a level that causes this species to meet the definition of an endangered species or a threatened species. Therefore, we find that listing Chihuahua scurfpea as an endangered species or threatened species is not warranted. A detailed discussion of the basis for this finding can be found in the Chihuahua scurfpea species assessment form and other supporting documents (see ADDRESSES, above). VerDate Sep<11>2014 16:38 Apr 03, 2019 Jkt 247001 Coldwater Crayfish, Eleven Point River Crayfish, Spring River Crayfish Previous Federal Actions On April 20, 2010, we received a petition from the Center for Biological Diversity, Alabama Rivers Alliance, Clinch Coalition, Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council, and West Virginia Highlands Conservancy to list 404 aquatic, riparian, and wetland species, including the coldwater crayfish, as endangered or threatened species under the Act. On September 27, 2011, we published a 90-day finding in the Federal Register (76 FR 59836), concluding that the petition presented substantial information indicating the coldwater crayfish may warrant listing. Subsequently, a genetic and morphological study found that the coldwater crayfish is actually a taxon composed of three species: The coldwater crayfish, Eleven Point River crayfish, and Spring River crayfish. Therefore, we decided to evaluate the status of all three species. This document constitutes the 12-month finding on the April 20, 2010, petition to list the coldwater crayfish under the Act. Summary of Finding The coldwater crayfish, Eleven Point River crayfish, and Spring River crayfish are small, stout crayfish with blue-green heads and pincers, and reddish-brown thoraxes and abdomens. Adults are 30.5 to 71.1 millimeters (1.2 to 2.8 inches) long, with males and females generally similar in size. These crayfish species inhabit large, cold, clear permanent streams with strong, fast-flowing currents. The coldwater crayfish and Eleven Point River crayfish also inhabit pools, while the Spring River crayfish is most commonly found in riffle areas with substrate of cobble and gravel. All three species are found primarily in large order, spring-fed streams with high velocities. The three crayfish species are found in three watersheds in Arkansas and Missouri. The coldwater crayfish and Eleven Point River crayfish are each comprised of a single population in the Eleven Point River watershed. The Spring River crayfish is comprised of three populations in the Spring River and Strawberry River watersheds. We have carefully assessed the best scientific and commercial information regarding the past, present, and future threats to the coldwater crayfish, Eleven Point River crayfish, and Spring River crayfish, and we evaluated all relevant factors under the five listing factors, including any regulatory mechanisms PO 00000 Frm 00099 Fmt 4702 Sfmt 4702 13241 and conservation measures addressing these stressors. The primary stressors affecting the coldwater crayfish, Eleven Point River crayfish, and Spring River crayfish include displacement by invasive crayfish species and degraded water quality (including, but not limited to, sedimentation). Despite impacts from these stressors and some decline in abundance, the species have maintained resilient populations over time. Although we predict some continued impacts from these stressors in the future, we anticipate these species will continue to have resilient populations that are distributed widely throughout their ranges. For these reasons, we find that these stressors do not, alone or in combination, rise to a level that causes these species to meet the definition of an endangered species or a threatened species. Therefore, we find that listing the coldwater crayfish, Eleven Point River crayfish, and Spring River crayfish as an endangered species or threatened species is not warranted. A detailed discussion of the basis for this finding can be found in the coldwater crayfish, Eleven Point River crayfish, and Spring River crayfish species assessment forms and other supporting documents (see ADDRESSES, above). Red-Crowned Parrot Previous Federal Actions On January 29, 2008, we received a petition from Friends of Animals requesting that we list 14 parrot species, including the red-crowned parrot, as endangered or threatened species under the Act. On July 14, 2009, we published a 90-day finding in the Federal Register (74 FR 33957) in which we determined that the petition presented substantial scientific and commercial information to indicate that listing the red-crowned parrot may be warranted. On October 6, 2011, we published a 12-month finding in the Federal Register (76 FR 62016) in which we stated that listing the redcrowned parrot as endangered or threatened was warranted primarily due to habitat loss and collection for the pet trade in Mexico and the inadequacy of regulatory mechanisms. However, listing was precluded at that time by higher priority actions, and the species was added to the candidate species list. From 2012 through 2016, we addressed the status of the red-crowned parrot annually in our candidate notice of review, with the determination that listing was warranted but precluded (see 77 FR 69994, November 21, 2012; 78 FR 70104, November 22, 2013; 79 FR 72450, December 5, 2014; 80 FR 80584, E:\FR\FM\04APP1.SGM 04APP1 13242 Federal Register / Vol. 84, No. 65 / Thursday, April 4, 2019 / Proposed Rules December 24, 2015; 81 FR 87246, December 2, 2016). jbell on DSK30RV082PROD with PROPOSALS Summary of Finding The red-crowned parrot is mediumsized (33 centimeters (13 inches)) and is bright green with a red crown and blue head and neck. The species is native to forests in northeastern Mexico; however, the range has expanded within the past several decades into ranchlands and urban areas in and adjacent to its historical range in Mexico and into cities in the Lower Rio Grande Valley of south Texas. Red-crowned parrots are cavity nesters, using pre-existing cavities in a variety of native tree species in Mexico and ornamental palms in residential areas of south Texas. The species eats a variety of nuts, berries, seeds, fruits, and flowers, using primarily native plants in forests and ranchlands in Mexico, and foraging on ornamental and fruit and nut trees in urban and suburban areas of Mexico and south Texas. We evaluated all relevant stressors under the five factors, including any regulatory mechanisms and conservation measures addressing these stressors. The primary stressors include habitat loss and collection for the pet trade. We find that, although much of the red-crowned parrot’s native forest habitat in Mexico was removed throughout the 20th century, logging has declined over the past three decades, and forest regeneration has occurred in some areas. In addition, red-crowned VerDate Sep<11>2014 16:38 Apr 03, 2019 Jkt 247001 parrot populations have become established in ranchland habitats in Mexico and in urban habitats in Mexico and south Texas, where resources for nesting and foraging have allowed for stable or increasing population sizes. Collection for the pet trade led to decreased population sizes in Mexico throughout the early to mid-20th century. However, laws passed between 1982 and 2008 in Mexico banned the collection and export of parrots, and greatly reduced the numbers of redcrowned parrots captured for the pet trade. For these reasons, we find that these stressors do not, alone or in combination, rise to a level that causes this species to meet the definition of an endangered species or a threatened species. Therefore, we find that listing the red-crowned parrot as an endangered species or threatened species is not warranted. A detailed discussion of the basis for this finding can be found in the red-crowned parrot species assessment form and other supporting documents (see ADDRESSES, above). New Information We request that you submit any new information concerning the taxonomy of, biology of, ecology of, status of, or stressors to the Arkansas mudalia, ashy darter, Barrens darter, Chihuahua scurfpea, coldwater crayfish, Eleven Point River crayfish, Spring River crayfish, and red-crowned parrot to the PO 00000 Frm 00100 Fmt 4702 Sfmt 9990 appropriate person, as specified under FOR FURTHER INFORMATION CONTACT, whenever it becomes available. New information will help us monitor these species and make appropriate decisions about their conservation and status. We encourage local agencies and stakeholders to continue cooperative monitoring and conservation efforts. References Cited Lists of the references cited in the petition findings are available on the internet at https://www.regulations.gov in the dockets provided above in ADDRESSES and upon request from the appropriate person, as specified under FOR FURTHER INFORMATION CONTACT. Authors The primary authors of this document are the staff members of the Species Assessment Team, Ecological Services Program. Authority The authority for this action is section 4 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: March 27, 2019. Margaret E. Everson, Principal Deputy Director, U.S. Fish and Wildlife Service, Exercising the Authority of the Director, U.S. Fish and Wildlife Service. [FR Doc. 2019–06535 Filed 4–3–19; 8:45 am] BILLING CODE 4333–15–P E:\FR\FM\04APP1.SGM 04APP1

Agencies

[Federal Register Volume 84, Number 65 (Thursday, April 4, 2019)]
[Proposed Rules]
[Pages 13237-13242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06535]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[4500090022]

Endangered and Threatened Wildlife and Plants; 12-Month Findings
on Petitions To List Eight Species as Endangered or Threatened Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 12-month petition findings.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 12-
month findings on petitions to list eight species as endangered or
threatened species under the Endangered Species Act of 1973, as amended
(Act). After a thorough review of the best available scientific and
commercial information, we find that it is not warranted at this time
to list the Arkansas mudalia, ashy darter, Barrens darter, Chihuahua
scurfpea, coldwater crayfish, Eleven

[[Page 13238]]

Point River crayfish, Spring River crayfish, and red-crowned parrot.
However, we ask the public to submit to us at any time any new
information that becomes available relevant to the status of any of the
species mentioned above or their habitats.

DATES: The findings in this document were made on April 4, 2019.

ADDRESSES: Detailed descriptions of the basis for each of these
findings are available on the internet at https://www.regulations.gov
under the following docket numbers:

----------------------------------------------------------------------------------------------------------------
Species Docket No.
----------------------------------------------------------------------------------------------------------------
Arkansas mudalia........................................... FWS-R4-ES-2019-0003
Ashy darter................................................ FWS-R4-ES-2018-0059
Barrens darter............................................. FWS-R4-ES-2018-0060
Chihuahua scurfpea......................................... FWS-R2-ES-2018-0061
Coldwater crayfish, Eleven Point River crayfish, and Spring FWS-R3-ES-2019-0002
River crayfish.
Red-crowned parrot......................................... FWS-R2-ES-2018-0063
----------------------------------------------------------------------------------------------------------------

Supporting information used to prepare these findings is available
for public inspection, by appointment, during normal business hours, by
contacting the appropriate person, as specified under FOR FURTHER
INFORMATION CONTACT. Please submit any new information, materials,
comments, or questions concerning these findings to the appropriate
person, as specified under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT:

------------------------------------------------------------------------
Species Contact information
------------------------------------------------------------------------
Arkansas mudalia....................... Melvin Tobin, Field Supervisor,
Arkansas Ecological Services
Field Office, 501-513-4473.
Ashy darter............................ Michelle Eversen, Area
Supervisor, Tennessee
Ecological Services Field
Office, 404-679-4108.
Barrens darter......................... Warren Stiles, Fish and
Wildlife Biologist, Tennessee
Ecological Services Field
Office, 931-528-6481.
Chihuahua scurfpea..................... Mark W. Horner, Fish and
Wildlife Biologist, New Mexico
Ecological Services Field
Office, 505-761-4723.
Coldwater crayfish, Eleven Point River Karen Herrington, Field
crayfish, and Spring River crayfish. Supervisor, Missouri
Ecological Services Field
Office, 573-234-2132, ext.
166.
Red-crowned parrot..................... Gretchen E. Nareff, Fish and
Wildlife Biologist, Texas
Coastal Ecological Services
Field Office, 361-225-7318.
------------------------------------------------------------------------

If you use a telecommunications device for the deaf (TDD), please
call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

We are required to make a finding whether or not the petitioned
action is warranted within 12 months after receiving any petition we
determined contained substantial scientific or commercial information
indicating that the petitioned action may be warranted (section
4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.)) (``12-month finding'').
We must make a finding that the petitioned action is: (1) Not
warranted; (2) warranted; or (3) warranted but precluded. ``Warranted
but precluded'' means that (a) the petitioned action is warranted, but
the immediate proposal of a regulation implementing the petitioned
action is precluded by other pending proposals to determine whether
species are endangered or threatened species, and (b) expeditious
progress is being made to add qualified species to the Lists of
Endangered and Threatened Wildlife and Plants (Lists) and to remove
from the Lists species for which the protections of the Act are no
longer necessary. Section 4(b)(3)(C) of the Act requires that we treat
a petition for which the requested action is found to be warranted but
precluded as though resubmitted on the date of such finding, that is,
requiring that a subsequent finding be made within 12 months of that
date. We must publish these 12-month findings in the Federal Register.

Summary of Information Pertaining to the Five Factors

Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations at part 424 of title 50 of the Code of Federal Regulations
(50 CFR part 424) set forth procedures for adding species to, removing
species from, or reclassifying species on the Lists. The Act defines
``endangered species'' as any species that is in danger of extinction
throughout all or a significant portion of its range (16 U.S.C.
1532(6)), and ``threatened species'' as any species that is likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range (16 U.S.C. 1532(20)). Under
section 4(a)(1) of the Act, a species may be determined to be an
endangered species or a threatened species because of any of the
following five factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
In considering whether a species may meet the definition of an
endangered species or a threatened species because of any of the five
factors, we must look beyond the mere exposure of the species to the
stressor to determine whether the species responds to the stressor in a
way that causes actual impacts to the species. If there is exposure to
a stressor, but no response, or only a positive response, that stressor
does not cause a species to meet the definition of an endangered
species or a threatened species. If there is exposure and the species
responds negatively, we determine whether that stressor drives or
contributes to the risk of extinction of the species such that the
species warrants listing as an endangered or threatened species. The
mere identification of stressors that could

[[Page 13239]]

affect a species negatively is not sufficient to compel a finding that
listing is or remains warranted. For a species to be listed or remain
listed, we require evidence that these stressors are operative threats
to the species and its habitat, either singly or in combination, to the
point that the species meets the definition of an endangered or a
threatened species under the Act.
In conducting our evaluation of the five factors provided in
section 4(a)(1) of the Act to determine whether the Arkansas mudalia
(Leptoxis arkansensis), ashy darter (Etheostoma cinereum), Barrens
darter (Etheostoma forbesi), Pediomelum pentaphyllum (Chihuahua
scurfpea), coldwater crayfish (Faxonius eupunctus), Eleven Point River
crayfish (Faxonius wagneri), Spring River crayfish (Faxonius roberti),
and red-crowned parrot (Amazona viridigenalis) meet the definition of
``endangered species'' or ``threatened species,'' we considered and
thoroughly evaluated the best scientific and commercial information
available regarding the past, present, and future stressors and
threats. We reviewed the petitions, information available in our files,
and other available published and unpublished information. These
evaluations may include information from recognized experts; Federal,
State, and tribal governments; academic institutions; foreign
governments; private entities; and other members of the public.
The species assessment forms for the Arkansas mudalia, ashy darter,
Barrens darter, Chihuahua scurfpea, coldwater crayfish, Eleven Point
River crayfish, Spring River crayfish, and red-crowned parrot contain
more detailed biological information, a thorough analysis of the
listing factors, and an explanation of why we determined that these
species do not meet the definition of an endangered species or a
threatened species. This supporting information can be found on the
internet at https://www.regulations.gov under the appropriate docket
number (see ADDRESSES, above). The following are informational
summaries for each of the findings in this document.

Arkansas Mudalia

Previous Federal Actions
On April 20, 2010, we received a petition from the Center for
Biological Diversity, Alabama Rivers Alliance, Clinch Coalition,
Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council,
and West Virginia Highlands Conservancy to list 404 aquatic, riparian,
and wetland species, including the Arkansas mudalia, as endangered or
threatened species under the Act. On September 27, 2011, we published a
90-day finding in the Federal Register (76 FR 59836), concluding that
the petition presented substantial information indicating the Arkansas
mudalia may warrant listing. This document constitutes the 12-month
finding on the April 20, 2010, petition to list the Arkansas mudalia
under the Act.
Summary of Finding
The Arkansas mudalia is a freshwater snail. Its body is dark orange
mottled with black and ranges in size from 7.9 to 12.2 millimeters (0.3
to 0.5 inches). Although information on its life cycle is limited,
individuals likely live for 2 years and reproduce only once before
death. Reproduction occurs during the spring through midsummer, and
individuals need a hard, clean substrate on which to lay eggs.
The Arkansas mudalia is endemic to the White River and its
tributaries in Arkansas and Missouri. The species inhabits medium- to
large-sized rivers in areas of relatively fast current with course
rocky substrate. The dispersal of the Arkansas mudalia is slow and
restricted. Like most freshwater snails, individuals likely move much
less than 1 kilometer (0.6 miles) per year. Therefore, to maintain
genetic diversity and reduce the risk of extirpation, it is beneficial
for multiple populations to exist in close proximity to facilitate
mixing and recolonization.
We have carefully assessed the best scientific and commercial
information regarding the past, present, and future threats to the
Arkansas mudalia, and we evaluated all relevant factors under the five
listing factors, including any regulatory mechanisms and conservation
measures addressing these stressors. The primary stressors are those
related to water quality, including impoundments, contaminants,
sedimentation, reduced range or isolation, and climate change.
We found that the Arkansas mudalia is extant at 13 of 19
historically known sites spread through five tributaries of the White
River drainage. Since 2005, several new populations have been
discovered outside the historical range, indicating that the current
range is larger than previously thought, although the populations are
now isolated from those in other tributaries. Despite historical
habitat modification and destruction from dams, which led to
extirpation of some populations, extant populations appear sufficiently
resilient to natural stochastic events as long as suitable habitat
remains. Four newly discovered populations occur on U.S. Forest Service
land, where pressures from habitat modification and degradation are
minimal. In addition, the species is well represented in the White
River watershed, existing in the North Fork White River watershed with
multiple populations spread throughout the main stem North Fork River
and some tributaries. Therefore, a single catastrophic event is
unlikely to extirpate all populations within this watershed, and
recolonization would likely be possible.
For these reasons, we find that these stressors do not, alone or in
combination, rise to a level that causes this species to meet the
definition of an endangered species or a threatened species. Therefore,
we find that listing the Arkansas mudalia as an endangered species or
threatened species is not warranted. A detailed discussion of the basis
for this finding can be found in the Arkansas mudalia species
assessment form and other supporting documents (see ADDRESSES, above).

Ashy Darter

[[Page 13240]]

The ashy darter tends to occupy depths of 1.6 to 6.6 feet (0.5 to 2
meters) in areas of bedrock or clean gravel substrate with rocks and
boulders. In the upper Tennessee River system, the species occupies
backwater or pool habitats with slab rocks containing a slight layer of
silt. The ashy darter has been found in close proximity to or
underneath boulders and in or near beds of water willow.
We have carefully assessed the best scientific and commercial
information regarding the past, present, and future threats to the ashy
darter, and we evaluated all relevant factors under the five listing
factors, including any regulatory mechanisms and conservation measures
addressing these stressors. The primary stressors are impoundments,
physical habitat disturbance, contaminants, sedimentation, reduced
range, and climate change.
The ashy darter is present in six tributaries to the Tennessee
River, which are isolated from one another by large impoundments.
Currently, the species has two populations with high resilience
(referring to the species' ability to withstand environmental or
demographic stochastic disturbance), three populations with moderate
resilience, and one that has unknown resilience. Two populations that
have been extirpated since around 1854 and 1953. We estimate that the
ashy darter has a medium adaptive potential (or representation) and
despite the isolation of populations, the species' representation has
been strengthened by its expansion in the Clinch River, and continues
to be supported by its widespread occurrence and persistence throughout
most of its historical range. The ashy darter has multiple populations
occurring over a wide extent across the Tennessee River watershed, in
the Upper Tennessee, Elk River, and Duck River management units, and
all physiographic provinces where the species is native. The ashy
darter has medium redundancy (referring to the species' ability to
withstand catastrophic events) because it maintains all but two
historical populations.
Overall, we find that the stressors acting on the species and its
habitat, either singly or in combination, are not of sufficient
imminence, intensity, or magnitude to indicate that the species meets
the definition of an endangered species or a threatened species
throughout all or a significant portion of its range. Therefore, we
find that listing the ashy darter as endangered or threatened is not
warranted. A detailed discussion of the basis for this finding can be
found in the ashy darter species assessment form and other supporting
documents (see ADDRESSES, above).

Barrens Darter

Previous Federal Actions
On April 20, 2010, we received a petition from the Center for
Biological Diversity, Alabama Rivers Alliance, Clinch Coalition,
Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council,
and West Virginia Highlands Conservancy to list 404 aquatic, riparian,
and wetland species, including the Barrens darter, as endangered or
threatened species under the Act. On September 27, 2011, we published a
90-day finding in the Federal Register (76 FR 59836), concluding that
the petition presented substantial information indicating that listing
the Barrens darter may be warranted. This notice constitutes the 12-
month finding on the April 20, 2010, petition to list the Barrens
darter under the Act.
Summary of Finding
The Barrens darter is a small, drab, benthic fish, with a maximum
length of 97 millimeters (3.8 inches). The species is highly endemic,
with a very narrow distribution in Middle Tennessee in the headwaters
of the Collins River, which is a tributary of the Caney Fork River in
the Cumberland River Drainage. It is restricted to small headwater
streams, although it may disperse to other headwater habitats via
larger downstream reaches.
Slabrock cobble substrate provides cover for all life stages and is
an important habitat feature for spawning, which occurs in April and
May. During the spawning season, Barrens darters congregate in shallow
riffle and run areas with roughly 4- to 12-inch slab rock cobble with
cavities underneath. The species has a life span of approximately 3
years.
We have carefully assessed the best scientific and commercial
information regarding the past, present, and future threats to the
Barrens darter, and we evaluated all relevant factors under the five
listing factors, including any regulatory mechanisms and conservation
measures addressing these stressors. The primary stressors are water
pollution, sedimentation, hybridization with the fringed darter, and
effects of climate change.
The historical range of Barrens darter populations is small and has
been reduced by the loss of two of seven populations. Species'
redundancy and representation have always been low and are likely the
natural condition. Three populations currently have moderate to high
resiliency, while two have low resiliency due to a combination of
factors, including presence of or close proximity to fringed darters,
low approximate abundance, and reduced habitat and water quality. We
conclude that stressors related to habitat quality (e.g.,
sedimentation, scouring or loss of slabrock cobble from the streambed)
will likely impact the species in the future; however, the overall
condition of the species is not predicted to change significantly from
these impacts within the foreseeable future.
We find that the stressors acting on the species and its habitat,
either singly or in combination, are not of sufficient imminence,
intensity, or magnitude to indicate that the species meets the
definition of an endangered species or a threatened species throughout
all or a significant portion of its range. Therefore, we find that
listing the Barrens darter as endangered or threatened is not
warranted. A detailed discussion of the basis for this finding can be
found in the Barrens darter species assessment form and other
supporting documents (see ADDRESSES, above).

Chihuahua Scurfpea

Previous Federal Actions
On June 25, 2007, we received a petition from WildEarth Guardians
(then Forest Guardians) to list 475 species in the southwestern United
States, including Chihuahua scurfpea, as endangered or threatened under
the Act. On October 15, 2008, we received an additional petition from
WildEarth Guardians requesting that we list Chihuahua scurfpea,
specifically, as endangered or threatened. On December 16, 2009, we
published a 90-day finding in the Federal Register (74 FR 66866) in
which we determined that the petitions presented substantial scientific
and commercial information indicating that listing Chihuahua scurfpea
may be warranted. This notice constitutes the 12-month finding on the
June 25, 2007, and October 15, 2008, petitions to list Chihuahua
scurfpea under the Act.
Summary of Finding
Chihuahua scurfpea is a perennial herb in the legume family that
grows to approximately 25 centimeters (9.8 inches) in height. Flowers
are pea-like with purple and white petals, and the fruit is a small pod
7 to 8 millimeters (0.28 to 0.31 inches) long. The species was known to
occur historically in New Mexico; Arizona; Chihuahua, Mexico; and
possibly western Texas. It is known

[[Page 13241]]

currently from southwestern New Mexico and southeastern Arizona.
The species occurs in deserts and xeric shrublands of the Apache
Highlands and Chihuahuan Desert ecoregions. Chihuahua scurfpea is found
in areas of deep, sandy soils, occupying areas of bare ground between
desert shrubs. Average annual precipitation in these regions is
approximately 382 millimeters (15 inches), with 50 percent of
precipitation occurring during the North American monsoon season. For
much of the year, Chihuahua scurfpea exists below ground as a dormant
tuber-like taproot, which fosters some degree of drought tolerance. In
spring and again during the monsoon season (July to August), ample
precipitation stimulates aboveground emergence, beginning the
reproductive cycle. Spring flowering occurs primarily in April and May,
and monsoon flowering occurs mainly in July and August.
We evaluated all relevant stressors under the five factors,
including any regulatory mechanisms and conservation measures
addressing these stressors. The primary stressors include herbicide
used for grassland restoration, decreased precipitation from climate
change, and surface disturbance. We find that although the herbicide
Tebuthiuron is toxic to Chihuahua scurfpea, individuals and populations
are capable of survival after herbicide treatment, provided there is
sufficient precipitation. We assessed projected changes in
precipitation due to climate change and found that projected
precipitation levels are anticipated to be sufficient for the species'
needs, including following potential impacts from Tebuthiuron
application. Regarding surface disturbance, none of the potential
sources of disturbance was found to occur at levels that would impact
populations now or in the foreseeable future.
For these reasons, we find that these stressors do not, alone or in
combination, rise to a level that causes this species to meet the
definition of an endangered species or a threatened species. Therefore,
we find that listing Chihuahua scurfpea as an endangered species or
threatened species is not warranted. A detailed discussion of the basis
for this finding can be found in the Chihuahua scurfpea species
assessment form and other supporting documents (see ADDRESSES, above).

Coldwater Crayfish, Eleven Point River Crayfish, Spring River Crayfish

Previous Federal Actions
On April 20, 2010, we received a petition from the Center for
Biological Diversity, Alabama Rivers Alliance, Clinch Coalition,
Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council,
and West Virginia Highlands Conservancy to list 404 aquatic, riparian,
and wetland species, including the coldwater crayfish, as endangered or
threatened species under the Act. On September 27, 2011, we published a
90-day finding in the Federal Register (76 FR 59836), concluding that
the petition presented substantial information indicating the coldwater
crayfish may warrant listing. Subsequently, a genetic and morphological
study found that the coldwater crayfish is actually a taxon composed of
three species: The coldwater crayfish, Eleven Point River crayfish, and
Spring River crayfish. Therefore, we decided to evaluate the status of
all three species. This document constitutes the 12-month finding on
the April 20, 2010, petition to list the coldwater crayfish under the
Act.
Summary of Finding
The coldwater crayfish, Eleven Point River crayfish, and Spring
River crayfish are small, stout crayfish with blue-green heads and
pincers, and reddish-brown thoraxes and abdomens. Adults are 30.5 to
71.1 millimeters (1.2 to 2.8 inches) long, with males and females
generally similar in size. These crayfish species inhabit large, cold,
clear permanent streams with strong, fast-flowing currents. The
coldwater crayfish and Eleven Point River crayfish also inhabit pools,
while the Spring River crayfish is most commonly found in riffle areas
with substrate of cobble and gravel. All three species are found
primarily in large order, spring-fed streams with high velocities.
The three crayfish species are found in three watersheds in
Arkansas and Missouri. The coldwater crayfish and Eleven Point River
crayfish are each comprised of a single population in the Eleven Point
River watershed. The Spring River crayfish is comprised of three
populations in the Spring River and Strawberry River watersheds.
We have carefully assessed the best scientific and commercial
information regarding the past, present, and future threats to the
coldwater crayfish, Eleven Point River crayfish, and Spring River
crayfish, and we evaluated all relevant factors under the five listing
factors, including any regulatory mechanisms and conservation measures
addressing these stressors. The primary stressors affecting the
coldwater crayfish, Eleven Point River crayfish, and Spring River
crayfish include displacement by invasive crayfish species and degraded
water quality (including, but not limited to, sedimentation).
Despite impacts from these stressors and some decline in abundance,
the species have maintained resilient populations over time. Although
we predict some continued impacts from these stressors in the future,
we anticipate these species will continue to have resilient populations
that are distributed widely throughout their ranges.
For these reasons, we find that these stressors do not, alone or in
combination, rise to a level that causes these species to meet the
definition of an endangered species or a threatened species. Therefore,
we find that listing the coldwater crayfish, Eleven Point River
crayfish, and Spring River crayfish as an endangered species or
threatened species is not warranted. A detailed discussion of the basis
for this finding can be found in the coldwater crayfish, Eleven Point
River crayfish, and Spring River crayfish species assessment forms and
other supporting documents (see ADDRESSES, above).

Red-Crowned Parrot

Previous Federal Actions
On January 29, 2008, we received a petition from Friends of Animals
requesting that we list 14 parrot species, including the red-crowned
parrot, as endangered or threatened species under the Act. On July 14,
2009, we published a 90-day finding in the Federal Register (74 FR
33957) in which we determined that the petition presented substantial
scientific and commercial information to indicate that listing the red-
crowned parrot may be warranted. On October 6, 2011, we published a 12-
month finding in the Federal Register (76 FR 62016) in which we stated
that listing the red-crowned parrot as endangered or threatened was
warranted primarily due to habitat loss and collection for the pet
trade in Mexico and the inadequacy of regulatory mechanisms. However,
listing was precluded at that time by higher priority actions, and the
species was added to the candidate species list. From 2012 through
2016, we addressed the status of the red-crowned parrot annually in our
candidate notice of review, with the determination that listing was
warranted but precluded (see 77 FR 69994, November 21, 2012; 78 FR
70104, November 22, 2013; 79 FR 72450, December 5, 2014; 80 FR 80584,

[[Page 13242]]

December 24, 2015; 81 FR 87246, December 2, 2016).
Summary of Finding
The red-crowned parrot is medium-sized (33 centimeters (13 inches))
and is bright green with a red crown and blue head and neck. The
species is native to forests in northeastern Mexico; however, the range
has expanded within the past several decades into ranchlands and urban
areas in and adjacent to its historical range in Mexico and into cities
in the Lower Rio Grande Valley of south Texas.
Red-crowned parrots are cavity nesters, using pre-existing cavities
in a variety of native tree species in Mexico and ornamental palms in
residential areas of south Texas. The species eats a variety of nuts,
berries, seeds, fruits, and flowers, using primarily native plants in
forests and ranchlands in Mexico, and foraging on ornamental and fruit
and nut trees in urban and suburban areas of Mexico and south Texas.
We evaluated all relevant stressors under the five factors,
including any regulatory mechanisms and conservation measures
addressing these stressors. The primary stressors include habitat loss
and collection for the pet trade. We find that, although much of the
red-crowned parrot's native forest habitat in Mexico was removed
throughout the 20th century, logging has declined over the past three
decades, and forest regeneration has occurred in some areas. In
addition, red-crowned parrot populations have become established in
ranchland habitats in Mexico and in urban habitats in Mexico and south
Texas, where resources for nesting and foraging have allowed for stable
or increasing population sizes. Collection for the pet trade led to
decreased population sizes in Mexico throughout the early to mid-20th
century. However, laws passed between 1982 and 2008 in Mexico banned
the collection and export of parrots, and greatly reduced the numbers
of red-crowned parrots captured for the pet trade.
For these reasons, we find that these stressors do not, alone or in
combination, rise to a level that causes this species to meet the
definition of an endangered species or a threatened species. Therefore,
we find that listing the red-crowned parrot as an endangered species or
threatened species is not warranted. A detailed discussion of the basis
for this finding can be found in the red-crowned parrot species
assessment form and other supporting documents (see ADDRESSES, above).

New Information

We request that you submit any new information concerning the
taxonomy of, biology of, ecology of, status of, or stressors to the
Arkansas mudalia, ashy darter, Barrens darter, Chihuahua scurfpea,
coldwater crayfish, Eleven Point River crayfish, Spring River crayfish,
and red-crowned parrot to the appropriate person, as specified under
FOR FURTHER INFORMATION CONTACT, whenever it becomes available. New
information will help us monitor these species and make appropriate
decisions about their conservation and status. We encourage local
agencies and stakeholders to continue cooperative monitoring and
conservation efforts.

References Cited

Lists of the references cited in the petition findings are
available on the internet at https://www.regulations.gov in the dockets
provided above in ADDRESSES and upon request from the appropriate
person, as specified under FOR FURTHER INFORMATION CONTACT.

Authors

The primary authors of this document are the staff members of the
Species Assessment Team, Ecological Services Program.

Authority

The authority for this action is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

Dated: March 27, 2019.
Margaret E. Everson,
Principal Deputy Director, U.S. Fish and Wildlife Service, Exercising
the Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2019-06535 Filed 4-3-19; 8:45 am]
BILLING CODE 4333-15-P

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