Endangered and Threatened Wildlife and Plants; 90-Day Findings for 4 Species, 16933-16937 [2023-05610]
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Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Proposed Rules
Telecommunications Bureau Seeks
Comment on C-Band Phase II
Certification of Accelerated Relocation
Procedures and Implementation of the
Commission’s Incremental Reduction
Plan for Phase II Accelerated Relocation
Payments, released on March 13, 2023.
The full text of this document is
available for public inspection online at
https://www.fcc.gov/document/wtbseeks-comment-c-band-phase-iicertification-procedures.
1. With this Public Notice, the Bureau
proposes adopting filing procedures
modeled after those previously adopted
for Phase I to allow eligible space
station operators to submit
Certifications, and stakeholders to file
related challenges, with respect to the
Phase II migration of incumbent services
in this band. The Bureau also seeks
comment on potential adjustments to
the Phase I procedures that we believe
will create more transparency and
efficiency in the Phase II Certification
review process such as requiring a
specific level of detail in incumbent
earth station operator’s Certifications
and/or requiring information be
provided in a standardized format. The
Bureau also seeks comment on a
potential threshold trigger before Phase
II Certifications may be submitted for
validation. With relation to the Phase II
incremental reduction plan, the Bureau
proposes adopting an approach that
parallels the Phase I process for
calculating the incremental reduction of
an eligible space station operator’s ARP
should it fail to meet the Phase II
Accelerated Relocation Deadline.
Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless
Telecommunications Bureau.
[FR Doc. 2023–05601 Filed 3–20–23; 8:45 am]
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BILLING CODE 6712–01–P
ADDRESSES:
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES1111090FEDR 234]
Endangered and Threatened Wildlife
and Plants; 90-Day Findings for 4
Species
Fish and Wildlife Service,
Interior.
ACTION: Notification of petition findings
and initiation of status reviews.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce 90day findings on petitions to add four
species to the Lists of Endangered and
Threatened Wildlife and Plants under
the Endangered Species Act of 1973, as
amended (Act). Based on our review, we
find that the petitions to list the
common hippopotamus (Hippopotamus
amphibius), Morro Bay polyphyllan
scarab beetle (Polyphylla morroensis),
Inyo rock daisy (Perityle inyoensis;
synonym Laphamia inyoensis), and
roughhead shiner (Notropis
semperasper) 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 are initiating status
reviews of these species to determine
whether the petitioned actions are
warranted. To ensure that the status
reviews are comprehensive, we request
scientific and commercial data and
other information regarding the species
and factors that may affect their status.
Based on the status reviews, we will
issue 12-month petition findings, which
will address whether or not the
petitioned actions are warranted, in
accordance with the Act.
DATES: These findings were made on
March 21, 2023. As we commence our
status reviews, we seek any new
information concerning the status of, or
threats to, the common hippopotamus,
Morro Bay polyphyllan scarab beetle,
Inyo rock daisy, and roughhead shiner,
or their habitats. Any information we
receive during the course of our status
reviews will be considered.
SUMMARY:
16933
Supporting documents: Summaries of
the basis 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, this supporting information is
available by contacting the appropriate
person, as specified in FOR FURTHER
INFORMATION CONTACT.
Status reviews: If you have new
scientific or commercial data or other
information concerning the status of, or
threats to, the common hippopotamus,
Morro Bay polyphyllan scarab beetle,
Inyo rock daisy, and roughhead shiner,
or their habitats, please provide those
data or information by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter the appropriate docket number
(see table under SUPPLEMENTARY
INFORMATION). Then, click on the
‘‘Search’’ button. After finding the
correct document, you may submit
information by clicking on ‘‘Comment.’’
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
to: Public Comments Processing, Attn:
[Insert appropriate docket number; see
table under SUPPLEMENTARY
INFORMATION], U.S. Fish and Wildlife
Service, MS: PRB/3W, 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 Information Submitted for a Status
Review, below).
FOR FURTHER INFORMATION CONTACT:
Species common name
Contact person
Common hippopotamus .....................................................
Bridget Fahey, Chief, Division of Conservation and Classification, 703–358–2163,
bridget_fahey@fws.gov.
Catherine Darst, Assistant Field Supervisor, Ventura Fish and Wildlife Office, 805–
677–3318, cat_darst@fws.gov.
Scott Sobiech, Field Supervisor, Carlsbad Fish and Wildlife Office, 760–431–9440,
scott_sobiech@fws.gov.
Matt Hinderliter, Regional Listing Coordinator, Northeast Regional Office, 413–253–
8240, matthew_hinderliter@fws.gov.
Morro Bay polyphyllan scarab beetle ................................
Inyo rock daisy ...................................................................
Roughhead shiner ..............................................................
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16934
Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Proposed Rules
Individuals in the United States who
are deaf, deafblind, hard of hearing, or
have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with PROPOSALS1
Information Submitted for a Status
Review
You may submit your comments and
materials concerning the status of, or
threats to the common hippopotamus,
Morro Bay polyphyllan scarab beetle,
Inyo rock daisy, and roughhead shiner,
or their habitats, by one of the methods
listed above in ADDRESSES. We request
that you send comments only by the
methods described in ADDRESSES. Please
include sufficient information with your
submission (such as scientific journal
articles or other publications) to allow
us to verify any scientific or commercial
information you include.
If you submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the website. If your submission is
made via a hardcopy that includes
personal identifying information, you
may request at the top of your document
that we withhold this 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.
Comments and materials we receive,
as well as supporting documentation we
used in preparing these findings, will be
available for public inspection on
https://www.regulations.gov.
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 species to,
removing species from, or reclassifying
species on the Federal Lists of
Endangered and Threatened Wildlife
and Plants (Lists or List) 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 List (i.e.,
‘‘list’’ a species), remove a species from
the List (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
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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 positive 90-day
petition finding does not indicate that
the petitioned action is warranted; the
finding indicates only that the
petitioned action may be warranted and
that a full review should occur.
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. 1533(a)(1)). 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); and
(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
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information in the petition is substantial
information indicating that the
petitioned action may be warranted. The
information presented in the petition
must include evidence sufficient to
suggest that these threats may be
affecting the species to the point that the
species may meet the definition of an
endangered species or threatened
species under the Act.
If we find that a petition presents
such information, our subsequent status
review will evaluate all identified
threats by considering the individual-,
population-, and species-level effects
and the expected response by the
species. We will evaluate individual
threats and their expected effects on the
species, then analyze the cumulative
effect of the threats on the species as a
whole. We also consider the cumulative
effect of the threats in light of those
actions and conditions that 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 that we 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).
We note that designating critical
habitat is not a petitionable action under
the Act. Petitions to designate critical
habitat (for species without existing
critical habitat) are reviewed under the
Administrative Procedure Act and are
not addressed in this finding (see 50
CFR 424.14(j)). To the maximum extent
prudent and determinable, any
proposed critical habitat will be
addressed concurrently with a proposed
rule to list a species, if applicable.
Summaries of Petition Findings
The petition findings contained in
this document are listed in the table
below, and the basis for each finding,
along with supporting information, is
available on https://
www.regulations.gov under the
appropriate docket number.
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TABLE OF INTERNET SEARCH INFORMATION FOR STATUS REVIEWS FOR FOUR SPECIES PETITIONED FOR FEDERAL LISTING
Common name
Docket No.
Common hippopotamus .....................................
Morro Bay polyphyllan scarab beetle ................
Inyo rock daisy ...................................................
Roughhead shiner ..............................................
FWS–HQ–ES–2022–0158 ......
FWS–R8–ES–2022–0159 .......
FWS–R8–ES–2022–0160 .......
FWS–R5–ES–2022–0161 .......
Evaluation of a Petition To List the
Common Hippopotamus
Species and Range
The common hippopotamus
(Hippopotamus amphibius). Historical
range: Algeria, Angola, Benin,
Botswana, Burkina Faso, Burundi,
Cameroon, Central African Republic,
Chad, Congo, Democratic Republic of
the Congo, Coˆte d’Ivoire, Egypt,
Equatorial Guinea, Eritrea, Ethiopia,
Gabon, Gambia, Ghana, Guinea, GuineaBissau, Kenya, Liberia, Malawi, Mali,
Mauritania, Mozambique, Namibia,
Niger, Nigeria, Rwanda, Senegal, Sierra
Leone, Somalia, South Africa, South
Sudan, Sudan, Eswatini (Swaziland),
Tanzania, Togo, Uganda, Zambia,
Zimbabwe. Current range: Hippos are
extant in the historical range states
listed with the exceptions of Algeria,
Egypt, Liberia, and Mauritania where
they are regionally extirpated. It is
unknown if they still occur in Sudan.
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Petition History
On March 23, 2022, we received a
petition from The Humane Society of
the United States, Humane Society
International, Humane Society
Legislative Fund, and Center for
Biological Diversity, requesting that the
common hippopotamus be listed as an
endangered or a threatened species
under the Act. The petition clearly
identified itself as such and included
the requisite identification information
for the petitioner, required at 50 CFR
424.14(c). This finding addresses the
petition.
Evaluation of Information
The petitioners provided credible
information indicating potential threats
to common hippopotamus populations
from habitat loss (Factor A) due to land
conversion for agricultural and human
settlements, the resulting demand for
irrigation and water, climate change
impacts, and war. The petitioners
provided information that indicates the
threats under Factor A are negatively
impacting common hippopotamus
populations in much of the species’
range, and this, in combination with the
species’ ecology, makes the common
hippopotamus particularly vulnerable to
habitat loss, which may be threatening
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URL to docket on https://www.regulations.gov
https://www.regulations.gov/FWS-HQ-ES-2022-0158.
https://www.regulations.gov/FWS-R8-ES-2022-0159.
https://www.regulations.gov/FWS-R8-ES-2022-0160.
https://www.regulations.gov/FWS-R5-ES-2022-0161.
the species. The petition provides
information on additional threats from
legal international trade, poaching,
disease, predation, and traditional and
medicinal use of hippopotamus parts
that we will investigate further during
our full status review.
Evaluation of a Petition To List the
Morro Bay Polyphyllan Scarab Beetle
Finding
Petition History
We reviewed the petition, sources
cited in the petition, and other readily
available information. We considered
the factors under section 4(a)(1) of the
Act and assessed the effect that the
threats identified within the factors—as
potentially ameliorated or exacerbated
by any existing regulatory mechanisms
or conservation efforts—may have on
the species now and in the foreseeable
future. Based on our review of the
petition and sources cited in the
petition, we find that the petition
presents substantial scientific or
commercial information indicating that
listing the common hippopotamus
(Hippopotamus amphibius) under the
Act may be warranted due to potential
threats associated with habitat loss and
degradation due to land conversion and
urbanization, demand for irrigation and
water, climate change, and war (Factor
A). The petitioners also presented
information suggesting overutilization
from legal international trade and
poaching (Factor B), disease and
predation (Factor C), and traditional and
medicinal use of hippopotamus parts
(Factor E) may be threats to the common
hippopotamus and that existing
regulatory mechanisms, particularly as
they pertain to trade and poaching, may
be inadequate to address the impacts of
these threats (Factor D). We will fully
evaluate these potential threats during
our 12-month status review, pursuant to
the Act’s requirement to review the best
scientific and commercial information
available when making that finding.
The basis for our finding on this
petition, and other information
regarding our review of the petition, can
be found as an appendix at https://
www.regulations.gov under Docket No.
FWS–HQ–ES–2022–0158 under the
Supporting Documents section.
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Species and Range
Morro Bay polyphyllan scarab beetle
(Polyphylla morroensis); San Luis
Obispo County, California.
On January 7, 2022, we received a
petition from Michael Walgren, a
resident of San Luis Obispo County,
California, requesting that the Morro
Bay polyphyllan scarab beetle be listed
as a threatened species under the Act.
The petition clearly identified itself as
such and included the requisite
identification information for the
petitioner, required at 50 CFR 424.14(c).
This finding addresses the petition.
Evaluation of Information
The petitioner provided credible
information indicating that urban
development is a threat to the Morro
Bay polyphyllan scarab beetle, and there
is substantial information related to the
effects of urban development indicating
that the petitioned action may be
warranted (Factor A). Further, the
petition claims that future development
as currently proposed (Jodi McGraw
Consulting 2019, entire; U.S. Fish and
Wildlife Service 2019, entire) would be
a threat to the species, as urban
development and habitat loss would
increase (Factor A). The petition thus
presents substantial information related
to the current and future effects of urban
development (Factor A), indicating that
the petitioned action may be warranted.
Finding
We reviewed the petition, sources
cited in the petition, and other readily
available information. We considered
the factors under section 4(a)(1) of the
Act and assessed the effect that the
threats identified within the factors—as
may be ameliorated or exacerbated by
any existing regulatory mechanisms or
conservation efforts—may have on the
species now and in the foreseeable
future. Based on our review of the
petition and readily available
information regarding Factor A, we find
that the petition presents substantial
scientific or commercial information
indicating that listing the Morro Bay
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polyphyllan scarab beetle (Polyphylla
morroensis) as a threatened or
endangered species may be warranted.
The petitioner also presented
information suggesting lights and
landscaping may be threats to the Morro
Bay polyphyllan scarab beetle (Walgren
2022b, pp. 5–7). The Service will fully
evaluate these and all other potential
threats, including the inadequacy of
existing regulatory mechanisms (Factor
D), during our 12-month status review,
pursuant to the Act’s requirement to
review the best available scientific
information when making that finding.
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–2022–0159 under the
Supporting Documents section.
Evaluation of a Petition To List Inyo
Rock Daisy
Species and Range
Inyo rock daisy (Perityle inyoensis;
synonym Laphamia inyoensis).
Historical range: southern Inyo
Mountains, Inyo County, California.
Current range: southern Inyo
Mountains, Inyo County, California.
Petition History
On February 2, 2022, we received a
petition with the same date from Maria
Jesus, the Center for Biological
Diversity, and the California Native
Plant Society, requesting that Inyo rock
daisy be listed as an endangered or
threatened species and that critical
habitat be designated for this species
under the Act. The petition clearly
identified itself as such and included
the requisite identification information
for the petitioner, required at 50 CFR
424.14(c). This finding addresses the
petition.
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Evaluation of Information
We reviewed the petition, sources
cited in the petition, and other readily
available information in our files. The
petitioned entity is Inyo rock daisy
(Perityle inyoensis), which occurs in the
southern Inyo Mountains of Inyo
County, California. This plant species is
recognized in the taxonomic literature.
The petitioners request that we list Inyo
rock daisy as an endangered or
threatened species.
We find that the petition provides
substantial scientific or commercial
information indicating that the
petitioned action may be warranted due
to potential threats from mining and
development due to habitat loss and
damage, invasive plant species due to
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competition, and climate change
because of increased water stress and
range shifts. We will fully evaluate these
potential threats during our 12-month
status review of the species.
Finding
We reviewed the petition, sources
cited in the petition, and other readily
available information. We considered
the factors under section 4(a)(1) of the
Act and assessed the effect that the
threats identified within the factors—as
may be ameliorated or exacerbated by
any existing regulatory mechanisms or
conservation efforts—may have on the
species now and in the foreseeable
future. Based on our review of the
petition and readily available
information regarding mining (Factor
A), development (Factor A), invasive
plant species (Factor E), and climate
change (Factor E), we find that the
petition presents substantial scientific
or commercial information indicating
that the petitioned action to list the Inyo
rock daisy (Perityle inyoensis) as an
endangered or threatened species may
be warranted. The petitioners also
presented information suggesting that
genetic swamping and expected selfincompatibility, as the number of
individuals decrease limiting
reproduction, may be threats to Inyo
rock daisy. We will fully evaluate these
potential threats during our 12-month
status review, pursuant to the Act’s
requirement to review the best available
scientific information when making that
finding.
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–2022–0160 under the
Supporting Documents section.
Evaluation of a Petition To List the
Roughhead Shiner
Species and Range
The roughhead shiner (Notropis
semperasper) is a small, olive-colored
minnow named for the distinctive
bumps on its head, that historically and
currently lives in the James River
watershed in Virginia.
Petition History
On March 25, 2022, we received a
petition from the Center for Biological
Diversity, requesting that the roughhead
shiner be listed as an endangered or
threatened species 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
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petitioner, required at 50 CFR 424.14(c).
This finding addresses the petition.
Evaluation of Information
After thorough examination of the
petition, we find that the petitioner
provided credible information
indicating past and current threats to
individuals of the species due to other
natural or humanmade factors. Under
Factor A, the petition presents citations
demonstrating that habitat modification
from urbanization and forest
management activities may degrade
water quality to the point where it
negatively impacts the species. Under
Factor E, the petition presents citations
demonstrating that the introduced
nonnative telescope shiner (Notropis
telescopus) may outcompete the
roughhead shiner and cause extirpations
of the roughhead shiner at those sites.
Finding
We reviewed the petition, sources
cited in the petition, and other readily
available information. We considered
the credible information that the
petition provided regarding effects of
the threats that fall within the factors
under the Act’s section 4(a)(1) as
potentially ameliorated or exacerbated
by any existing regulatory mechanisms
or conservation efforts. Based on our
review of the petition and readily
available information regarding habitat
modification from siltation and/or
contamination (Factor A), and
competition from the introduced
telescope shiner (Factor E), we find that
the petition presents substantial
scientific or commercial information
indicating that listing the roughhead
shiner (Notropis semperasper) as an
endangered or threatened species may
be warranted. We will fully evaluate
this potential threat during our 12month status review, pursuant to the
Act’s requirement to review the best
available scientific and commercial
information when making that finding.
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–R5–ES–2022–0161 under the
Supporting Documents section.
Conclusion
On the basis of our evaluation of the
information presented in the petitions
under section 4(b)(3)(A) of the Act, we
have determined that the petitions
summarized above for the common
hippopotamus, Morro Bay polyphyllan
scarab beetle, Inyo rock daisy, and
roughhead shiner present substantial
scientific or commercial information
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indicating that the petitioned actions
may be warranted. We are, therefore,
initiating status reviews of these species
to determine whether the actions are
warranted under the Act. At the
conclusion of the status reviews, we
will issue findings, in accordance with
section 4(b)(3)(B) of the Act, as to
whether the petitioned actions are not
warranted, warranted, or warranted but
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precluded by pending proposals to
determine whether any species is an
endangered species or a threatened
species.
Authors
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Authority
The authority for these actions is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Signed:
The primary authors of this document
are staff members of the Ecological
Services Program, U.S. Fish and
Wildlife Service.
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Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023–05610 Filed 3–20–23; 8:45 am]
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Agencies
[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Proposed Rules]
[Pages 16933-16937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05610]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES1111090FEDR 234]
Endangered and Threatened Wildlife and Plants; 90-Day Findings
for 4 Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of petition findings and initiation of status
reviews.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on petitions to add four species to the Lists of
Endangered and Threatened Wildlife and Plants under the Endangered
Species Act of 1973, as amended (Act). Based on our review, we find
that the petitions to list the common hippopotamus (Hippopotamus
amphibius), Morro Bay polyphyllan scarab beetle (Polyphylla
morroensis), Inyo rock daisy (Perityle inyoensis; synonym Laphamia
inyoensis), and roughhead shiner (Notropis semperasper) 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 are initiating status reviews of
these species to determine whether the petitioned actions are
warranted. To ensure that the status reviews are comprehensive, we
request scientific and commercial data and other information regarding
the species and factors that may affect their status. Based on the
status reviews, we will issue 12-month petition findings, which will
address whether or not the petitioned actions are warranted, in
accordance with the Act.
DATES: These findings were made on March 21, 2023. As we commence our
status reviews, we seek any new information concerning the status of,
or threats to, the common hippopotamus, Morro Bay polyphyllan scarab
beetle, Inyo rock daisy, and roughhead shiner, or their habitats. Any
information we receive during the course of our status reviews will be
considered.
ADDRESSES:
Supporting documents: Summaries of the basis 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, this supporting
information is available by contacting the appropriate person, as
specified in FOR FURTHER INFORMATION CONTACT.
Status reviews: If you have new scientific or commercial data or
other information concerning the status of, or threats to, the common
hippopotamus, Morro Bay polyphyllan scarab beetle, Inyo rock daisy, and
roughhead shiner, or their habitats, please provide those data or
information by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter the appropriate docket
number (see table under SUPPLEMENTARY INFORMATION). Then, click on the
``Search'' button. After finding the correct document, you may submit
information by clicking on ``Comment.'' 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 to: Public Comments
Processing, Attn: [Insert appropriate docket number; see table under
SUPPLEMENTARY INFORMATION], U.S. Fish and Wildlife Service, MS: PRB/3W,
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 Information Submitted for a
Status Review, below).
FOR FURTHER INFORMATION CONTACT:
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Species common name Contact person
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Common hippopotamus............... Bridget Fahey, Chief, Division of
Conservation and Classification,
703-358-2163,
[email protected].
Morro Bay polyphyllan scarab Catherine Darst, Assistant Field
beetle. Supervisor, Ventura Fish and
Wildlife Office, 805-677-3318,
[email protected].
Inyo rock daisy................... Scott Sobiech, Field Supervisor,
Carlsbad Fish and Wildlife Office,
760-431-9440,
[email protected].
Roughhead shiner.................. Matt Hinderliter, Regional Listing
Coordinator, Northeast Regional
Office, 413-253-8240,
[email protected].
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[[Page 16934]]
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
Information Submitted for a Status Review
You may submit your comments and materials concerning the status
of, or threats to the common hippopotamus, Morro Bay polyphyllan scarab
beetle, Inyo rock daisy, and roughhead shiner, or their habitats, by
one of the methods listed above in ADDRESSES. We request that you send
comments only by the methods described in ADDRESSES. Please include
sufficient information with your submission (such as scientific journal
articles or other publications) to allow us to verify any scientific or
commercial information you include.
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this 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.
Comments and materials we receive, as well as supporting
documentation we used in preparing these findings, will be available
for public inspection on https://www.regulations.gov.
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 species to, removing species
from, or reclassifying species on the Federal Lists of Endangered and
Threatened Wildlife and Plants (Lists or List) 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 List (i.e., ``list'' a
species), remove a species from the List (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 positive 90-day petition finding
does not indicate that the petitioned action is warranted; the finding
indicates only that the petitioned action may be warranted and that a
full review should occur.
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. 1533(a)(1)). 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);
and
(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 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 that we 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).
We note that designating critical habitat is not a petitionable
action under the Act. Petitions to designate critical habitat (for
species without existing critical habitat) are reviewed under the
Administrative Procedure Act and are not addressed in this finding (see
50 CFR 424.14(j)). To the maximum extent prudent and determinable, any
proposed critical habitat will be addressed concurrently with a
proposed rule to list a species, if applicable.
Summaries of Petition Findings
The petition findings contained in this document are listed in the
table below, and the basis for each finding, along with supporting
information, is available on https://www.regulations.gov under the
appropriate docket number.
[[Page 16935]]
Table of Internet Search Information for Status Reviews for Four Species
Petitioned for Federal Listing
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URL to docket on
Common name Docket No. https://
www.regulations.gov
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Common hippopotamus........... FWS-HQ-ES-2022-01 https://
58. www.regulations.gov/
FWS-HQ-ES-2022-0158.
Morro Bay polyphyllan scarab FWS-R8-ES-2022-01 https://
beetle. 59. www.regulations.gov/
FWS-R8-ES-2022-0159.
Inyo rock daisy............... FWS-R8-ES-2022-01 https://
60. www.regulations.gov/
FWS-R8-ES-2022-0160.
Roughhead shiner.............. FWS-R5-ES-2022-01 https://
61. www.regulations.gov/
FWS-R5-ES-2022-0161.
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Evaluation of a Petition To List the Common Hippopotamus
Species and Range
The common hippopotamus (Hippopotamus amphibius). Historical range:
Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon,
Central African Republic, Chad, Congo, Democratic Republic of the
Congo, C[ocirc]te d'Ivoire, Egypt, Equatorial Guinea, Eritrea,
Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Liberia,
Malawi, Mali, Mauritania, Mozambique, Namibia, Niger, Nigeria, Rwanda,
Senegal, Sierra Leone, Somalia, South Africa, South Sudan, Sudan,
Eswatini (Swaziland), Tanzania, Togo, Uganda, Zambia, Zimbabwe. Current
range: Hippos are extant in the historical range states listed with the
exceptions of Algeria, Egypt, Liberia, and Mauritania where they are
regionally extirpated. It is unknown if they still occur in Sudan.
Petition History
On March 23, 2022, we received a petition from The Humane Society
of the United States, Humane Society International, Humane Society
Legislative Fund, and Center for Biological Diversity, requesting that
the common hippopotamus be listed as an endangered or a threatened
species under the Act. The petition clearly identified itself as such
and included the requisite identification information for the
petitioner, required at 50 CFR 424.14(c). This finding addresses the
petition.
Evaluation of Information
The petitioners provided credible information indicating potential
threats to common hippopotamus populations from habitat loss (Factor A)
due to land conversion for agricultural and human settlements, the
resulting demand for irrigation and water, climate change impacts, and
war. The petitioners provided information that indicates the threats
under Factor A are negatively impacting common hippopotamus populations
in much of the species' range, and this, in combination with the
species' ecology, makes the common hippopotamus particularly vulnerable
to habitat loss, which may be threatening the species. The petition
provides information on additional threats from legal international
trade, poaching, disease, predation, and traditional and medicinal use
of hippopotamus parts that we will investigate further during our full
status review.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. We considered the factors under section
4(a)(1) of the Act and assessed the effect that the threats identified
within the factors--as potentially ameliorated or exacerbated by any
existing regulatory mechanisms or conservation efforts--may have on the
species now and in the foreseeable future. Based on our review of the
petition and sources cited in the petition, we find that the petition
presents substantial scientific or commercial information indicating
that listing the common hippopotamus (Hippopotamus amphibius) under the
Act may be warranted due to potential threats associated with habitat
loss and degradation due to land conversion and urbanization, demand
for irrigation and water, climate change, and war (Factor A). The
petitioners also presented information suggesting overutilization from
legal international trade and poaching (Factor B), disease and
predation (Factor C), and traditional and medicinal use of hippopotamus
parts (Factor E) may be threats to the common hippopotamus and that
existing regulatory mechanisms, particularly as they pertain to trade
and poaching, may be inadequate to address the impacts of these threats
(Factor D). We will fully evaluate these potential threats during our
12-month status review, pursuant to the Act's requirement to review the
best scientific and commercial information available when making that
finding.
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-HQ-ES-2022-0158 under
the Supporting Documents section.
Evaluation of a Petition To List the Morro Bay Polyphyllan Scarab
Beetle
Species and Range
Morro Bay polyphyllan scarab beetle (Polyphylla morroensis); San
Luis Obispo County, California.
Petition History
On January 7, 2022, we received a petition from Michael Walgren, a
resident of San Luis Obispo County, California, requesting that the
Morro Bay polyphyllan scarab beetle be listed as a threatened species
under the Act. The petition clearly identified itself as such and
included the requisite identification information for the petitioner,
required at 50 CFR 424.14(c). This finding addresses the petition.
Evaluation of Information
The petitioner provided credible information indicating that urban
development is a threat to the Morro Bay polyphyllan scarab beetle, and
there is substantial information related to the effects of urban
development indicating that the petitioned action may be warranted
(Factor A). Further, the petition claims that future development as
currently proposed (Jodi McGraw Consulting 2019, entire; U.S. Fish and
Wildlife Service 2019, entire) would be a threat to the species, as
urban development and habitat loss would increase (Factor A). The
petition thus presents substantial information related to the current
and future effects of urban development (Factor A), indicating that the
petitioned action may be warranted.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. We considered the factors under section
4(a)(1) of the Act and assessed the effect that the threats identified
within the factors--as may be ameliorated or exacerbated by any
existing regulatory mechanisms or conservation efforts--may have on the
species now and in the foreseeable future. Based on our review of the
petition and readily available information regarding Factor A, we find
that the petition presents substantial scientific or commercial
information indicating that listing the Morro Bay
[[Page 16936]]
polyphyllan scarab beetle (Polyphylla morroensis) as a threatened or
endangered species may be warranted. The petitioner also presented
information suggesting lights and landscaping may be threats to the
Morro Bay polyphyllan scarab beetle (Walgren 2022b, pp. 5-7). The
Service will fully evaluate these and all other potential threats,
including the inadequacy of existing regulatory mechanisms (Factor D),
during our 12-month status review, pursuant to the Act's requirement to
review the best available scientific information when making that
finding.
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-2022-0159 under
the Supporting Documents section.
Evaluation of a Petition To List Inyo Rock Daisy
Species and Range
Inyo rock daisy (Perityle inyoensis; synonym Laphamia inyoensis).
Historical range: southern Inyo Mountains, Inyo County, California.
Current range: southern Inyo Mountains, Inyo County, California.
Petition History
On February 2, 2022, we received a petition with the same date from
Maria Jesus, the Center for Biological Diversity, and the California
Native Plant Society, requesting that Inyo rock daisy be listed as an
endangered or threatened species and that critical habitat be
designated for this species under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(c). This
finding addresses the petition.
Evaluation of Information
We reviewed the petition, sources cited in the petition, and other
readily available information in our files. The petitioned entity is
Inyo rock daisy (Perityle inyoensis), which occurs in the southern Inyo
Mountains of Inyo County, California. This plant species is recognized
in the taxonomic literature. The petitioners request that we list Inyo
rock daisy as an endangered or threatened species.
We find that the petition provides substantial scientific or
commercial information indicating that the petitioned action may be
warranted due to potential threats from mining and development due to
habitat loss and damage, invasive plant species due to competition, and
climate change because of increased water stress and range shifts. We
will fully evaluate these potential threats during our 12-month status
review of the species.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. We considered the factors under section
4(a)(1) of the Act and assessed the effect that the threats identified
within the factors--as may be ameliorated or exacerbated by any
existing regulatory mechanisms or conservation efforts--may have on the
species now and in the foreseeable future. Based on our review of the
petition and readily available information regarding mining (Factor A),
development (Factor A), invasive plant species (Factor E), and climate
change (Factor E), we find that the petition presents substantial
scientific or commercial information indicating that the petitioned
action to list the Inyo rock daisy (Perityle inyoensis) as an
endangered or threatened species may be warranted. The petitioners also
presented information suggesting that genetic swamping and expected
self-incompatibility, as the number of individuals decrease limiting
reproduction, may be threats to Inyo rock daisy. We will fully evaluate
these potential threats during our 12-month status review, pursuant to
the Act's requirement to review the best available scientific
information when making that finding.
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-2022-0160 under
the Supporting Documents section.
Evaluation of a Petition To List the Roughhead Shiner
Species and Range
The roughhead shiner (Notropis semperasper) is a small, olive-
colored minnow named for the distinctive bumps on its head, that
historically and currently lives in the James River watershed in
Virginia.
Petition History
On March 25, 2022, we received a petition from the Center for
Biological Diversity, requesting that the roughhead shiner be listed as
an endangered or threatened species and critical habitat be designated
for this species under the Act. The petition clearly identified itself
as such and included the requisite identification information for the
petitioner, required at 50 CFR 424.14(c). This finding addresses the
petition.
Evaluation of Information
After thorough examination of the petition, we find that the
petitioner provided credible information indicating past and current
threats to individuals of the species due to other natural or humanmade
factors. Under Factor A, the petition presents citations demonstrating
that habitat modification from urbanization and forest management
activities may degrade water quality to the point where it negatively
impacts the species. Under Factor E, the petition presents citations
demonstrating that the introduced nonnative telescope shiner (Notropis
telescopus) may outcompete the roughhead shiner and cause extirpations
of the roughhead shiner at those sites.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. We considered the credible information
that the petition provided regarding effects of the threats that fall
within the factors under the Act's section 4(a)(1) as potentially
ameliorated or exacerbated by any existing regulatory mechanisms or
conservation efforts. Based on our review of the petition and readily
available information regarding habitat modification from siltation
and/or contamination (Factor A), and competition from the introduced
telescope shiner (Factor E), we find that the petition presents
substantial scientific or commercial information indicating that
listing the roughhead shiner (Notropis semperasper) as an endangered or
threatened species may be warranted. We will fully evaluate this
potential threat during our 12-month status review, pursuant to the
Act's requirement to review the best available scientific and
commercial information when making that finding.
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-R5-ES-2022-0161 under
the Supporting Documents section.
Conclusion
On the basis of our evaluation of the information presented in the
petitions under section 4(b)(3)(A) of the Act, we have determined that
the petitions summarized above for the common hippopotamus, Morro Bay
polyphyllan scarab beetle, Inyo rock daisy, and roughhead shiner
present substantial scientific or commercial information
[[Page 16937]]
indicating that the petitioned actions may be warranted. We are,
therefore, initiating status reviews of these species to determine
whether the actions are warranted under the Act. At the conclusion of
the status reviews, we will issue findings, in accordance with section
4(b)(3)(B) of the Act, as to whether the petitioned actions are 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.).
Signed:
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-05610 Filed 3-20-23; 8:45 am]
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