Endangered and Threatened Wildlife and Plants; Two Species Not Warranted for Listing as Endangered or Threatened Species, 47839-47843 [2023-15621]
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Federal Register / Vol. 88, No. 141 / Tuesday, July 25, 2023 / Proposed Rules
As of publication of this notice, the
ANPRM entitled ‘‘Anchorage Grounds,
Hudson River; Yonkers, NY to Kingston,
NY’’ published in the Federal Register
on June 9, 2016, will be withdrawn.
This document is issued under
authority of 5 U.S.C. 552(a).
the appropriate person, as specified
under FOR FURTHER INFORMATION
CONTACT.
FOR FURTHER INFORMATION CONTACT:
Dated: July 13, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
Illinois chorus
frog.
Species
Contact information
[FR Doc. 2023–15652 Filed 7–24–23; 8:45 am]
Venus flytrap ......
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES1111090FEDR 234]
Endangered and Threatened Wildlife
and Plants; Two Species Not
Warranted for Listing as Endangered
or Threatened Species
Fish and Wildlife Service,
Interior.
ACTION: Notification of findings.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce
findings that two species are not
warranted for listing 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
Illinois chorus frog (Pseudacris
illinoensis) and Venus flytrap (Dionaea
muscipula). However, we ask the public
to submit to us at any time any new
information relevant to the status of any
of the species mentioned above or their
habitats.
DATES: The findings in this document
were made on July 25, 2023.
ADDRESSES: Detailed descriptions of the
bases for these findings are available on
the internet at https://
www.regulations.gov under the
following docket numbers:
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SUMMARY:
Species
Docket No.
Illinois chorus
frog.
Venus flytrap ......
FWS–R3–ES–2023–0040
FWS–R4–ES–2023–0041
Those descriptions are also available
by contacting the appropriate person as
specified under FOR FURTHER
INFORMATION CONTACT. Please submit any
new information, materials, comments,
or questions concerning this finding to
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Kraig McPeak, Field Supervisor, Illinois and
Iowa Ecological Services Field Office, kraig_
mcpeek@fws.gov, 309–
757–5800.
Dale Suiter, Botanist, Raleigh Ecological Services Field Office, dale_
suiter@fws.gov, 919–
856–4520.
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:
Background
Under section 4(b)(3)(B) of the Act (16
U.S.C. 1531 et seq.), we are required to
make a finding on whether or not a
petitioned action is warranted within 12
months after receiving any petition that
we have determined contains
substantial scientific or commercial
information indicating that the
petitioned action may be warranted
(hereafter a ‘‘12-month finding’’). We
must make a finding that the petitioned
action is: (1) Not warranted; (2)
warranted; or (3) warranted but
precluded by other listing activity. We
must publish a notification of 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 of
Endangered and Threatened Wildlife
and Plants (Lists). The Act defines
‘‘species’’ as including any subspecies
of fish or wildlife or plants, and any
distinct population segment of any
species of vertebrate fish or wildlife
which interbreeds when mature (16
U.S.C. 1532(16)). 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
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‘‘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.
These factors represent broad
categories of natural or human-caused
actions or conditions that could have an
effect on a species’ continued existence.
In evaluating these actions and
conditions, we look for those that may
have a negative effect on individuals of
the species, as well as other actions or
conditions that may ameliorate any
negative effects or may have positive
effects.
We use the term ‘‘threat’’ to refer in
general to actions or conditions that are
known to or are reasonably likely to
negatively affect individuals of a
species. The term ‘‘threat’’ includes
actions or conditions that have a direct
impact on individuals (direct impacts),
as well as those that affect individuals
through alteration of their habitat or
required resources (stressors). The term
‘‘threat’’ may encompass—either
together or separately—the source of the
action or condition or the action or
condition itself. However, the mere
identification of any threat(s) does not
necessarily mean that the species meets
the statutory definition of an
‘‘endangered species’’ or a ‘‘threatened
species.’’ In determining whether a
species meets either definition, we must
evaluate all identified threats by
considering the expected response by
the species, and the effects of the
threats—in light of those actions and
conditions that will ameliorate the
threats—on an individual, population,
and species level. We evaluate each
threat and its expected effects on the
species, then analyze the cumulative
effect of all of the threats on the species
as a whole. We also consider the
cumulative effect of the threats in light
of those actions and conditions that will
have positive effects on the species,
such as any existing regulatory
mechanisms or conservation efforts. The
Secretary determines whether the
species meets the Act’s definition of an
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‘‘endangered species’’ or a ‘‘threatened
species’’ only after conducting this
cumulative analysis and describing the
expected effect on the species now and
in the foreseeable future.
The Act does not define the term
‘‘foreseeable future,’’ which appears in
the statutory definition of ‘‘threatened
species.’’ Our implementing regulations
at 50 CFR 424.11(d), as revised in 2019,
set forth a framework for evaluating the
foreseeable future on a case-by-case
basis. The term ‘‘foreseeable future’’
extends only so far into the future as we
can reasonably determine that both the
future threats and the species’ responses
to those threats are likely. In other
words, the foreseeable future is the
period of time in which we can make
reliable predictions. ‘‘Reliable’’ does not
mean ‘‘certain’’; it means sufficient to
provide a reasonable degree of
confidence in the prediction. Thus, a
prediction is reliable if it is reasonable
to depend on it when making decisions.
It is not always possible or necessary
to define foreseeable future as a
particular number of years. Analysis of
the foreseeable future uses the best
scientific and commercial data available
and should consider the timeframes
applicable to the relevant threats and to
the species’ responses to those threats in
view of its life-history characteristics.
Data that are typically relevant to
assessing the species’ biological
response include species-specific factors
such as lifespan, reproductive rates or
productivity, certain behaviors, and
other demographic factors.
In conducting our evaluation of the
five factors provided in section 4(a)(1) of
the Act to determine whether the
Illinois chorus frog and Venus flytrap
meet the Act’s 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 for all these
species. Our evaluation may include
information from recognized experts;
Federal, State, and Tribal governments;
academic institutions; foreign
governments; private entities; and other
members of the public.
In accordance with the regulations at
50 CFR 424.14(h)(2)(i), this document
announces the not-warranted findings
on petitions to list two species. We have
also elected to include brief summaries
of the analyses on which these findings
are based. We provide the full analyses,
including the reasons and data on
which the findings are based, in the
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decisional file for each of the two
actions included in this document. The
following is a description of the
documents containing these analyses:
The species assessment forms for
Illinois chorus frog and Venus flytrap
contain more detailed biological
information, a thorough analysis of the
listing factors, a list of literature cited,
and an explanation of why we
determined that each species does not
meet the Act’s definition of an
‘‘endangered species’’ or a ‘‘threatened
species.’’ To inform our status reviews,
we completed species status assessment
(SSA) reports for the Illinois chorus frog
and the Venus flytrap. Each SSA
contains a thorough review of the
taxonomy, life history, ecology, current
status, and projected future status for
each species. This supporting
information can be found on the
internet at https://www.regulations.gov
under the appropriate docket number
(see ADDRESSES, above).
Illinois Chorus Frog
Previous Federal Actions
On July 11, 2012, we received a
petition from the Center for Biological
Diversity (CBD) and others to list 53
species of amphibians and reptiles,
including the Illinois chorus frog, as
endangered or threatened species under
the Act. On July 1, 2015, we published
a 90-day finding in the Federal Register
(80 FR 37568) concluding that the
petition presented substantial scientific
or commercial information indicating
that listing the Illinois chorus frog may
be warranted. On February 27, 2020,
CBD filed a complaint alleging, amongst
other things, that the Service failed to
make the statutorily required 12-month
findings for 241 species, including the
Illinois chorus frog. On May 4, 2022, the
court approved a settlement agreement
between CBD and the Service to deliver
a 12-month finding to the Federal
Register on or before September 28,
2023. This document constitutes our 12month finding on the July 11, 2012,
petition to list the Illinois chorus frog
under the Act.
Summary of Finding
The Illinois chorus frog is a member
of the ‘‘Fat Frog’’ clade of North
American chorus frogs that occurs in
remnant sand prairie and sandy alluvial
deposits in west-central Illinois,
southeastern Missouri, and northeastern
Arkansas. The species was first
described as a subspecies of Strecker’s
chorus frog from Morgan County,
Illinois. The Illinois chorus frog was
subsequently suggested for recognition
as a full species, although continuing
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genetic and morphological studies have
failed to fully resolve its taxonomic
status. We will use the species
designation hereafter, as the Illinois
chorus frog is recognized as a distinct
species by the current taxonomic
authorities and the States in which the
species occurs.
The Illinois chorus frog is dependent
on both aquatic and terrestrial habitats
for survival and reproduction. Aquatic
habitats—used by egg and tadpole life
stages for rearing and adult life stages
for breeding—are typically ephemeral
wetlands that retain water from midFebruary through mid-June and have
limited abundances of egg and tadpole
predators. Terrestrial life-stages of
Illinois chorus frogs are closely
associated with remnant sand prairies,
sand savannas, or other deposits of sand
and sandy soils. Sand is critical for the
burrowing nature of the frog, as
individuals actively select sand
substrates and are unable to burrow in
sod or other moderately compacted
soils. Burrows are used to mitigate
desiccation risk and to overwinter
below the frost line. Suitable aquatic
breeding and terrestrial non-breeding
habitats must occur within close
proximity to allow for the species to
complete its life cycle.
We have carefully assessed the best
scientific and commercial information
available regarding the past, present,
and future threats to the Illinois chorus
frog, and we evaluated all relevant
factors under the five listing factors,
including any regulatory mechanisms
and conservation measures addressing
these threats. The primary threats
affecting the Illinois chorus frog’s
biological status include habitat loss
and climate change. We also examined
a number of other factors including
flooding, agricultural chemicals, sand
mining, and disease, but these factors
did not rise to such a level that affected
the species as a whole.
Despite impacts from the primary
stressors and some declines in extent of
area historically occupied, the Illinois
chorus frog currently occupies 878,282
acres (3,554 square kilometers) in 31
analysis units. Of the 31 analysis units,
7 healthy analysis units encompass 85
percent of the known historical range
and 92 percent of breeding sites within
two of the three representation units
(areas that contain potentially unique
adaptive diversity). Healthy analysis
units are characterized as those that
have 10 or more documented breeding
sites, with connectivity among the
breeding sites, and at least 5 breeding
sites having documented strong
breeding choruses (a group of 11 or
more calling male frogs). The North
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representation unit contains three
healthy analysis units that constitute 64
percent of the occupied area within the
unit, and the South representation unit
contains four healthy analysis units that
constitute 97 percent of the occupied
area within the unit. The total number
of breeding sites contained per analysis
unit ranges from 56 to 763 breeding
sites, and based on recent surveys, the
number of known breeding sites has
increased in all three representation
units from the number of known
historical sites.
To evaluate future conditions of the
Illinois chorus frog, we evaluated the
impacts of projected habitat loss and
climate change at 2055 and 2075. Across
the Illinois chorus frog’s range, some
future declines in resiliency are
projected due to impacts from habitat
loss and climate change; however, the
impacts are not projected to lead to a
substantial reduction in redundancy
and representation. The projected rates
of habitat loss due to development and
changes in climatic conditions are not
expected to result in substantial
reduction of the species or its habitat
into the future. Minor projected
increases in development may affect the
availability of suitable habitat, with 2
percent of currently suitable habitat
projected to be converted to nonsuitable habitats across the species’
range. The projected loss of habitat due
to development is projected to be
greatest in the Central representation
unit, with between 23 and 25 percent of
cropland being converted to nonsuitable land-use types. Although
habitat loss is projected to occur at a
higher rate within this unit, it comprises
0.9 percent of the overall acreage
occupied by the species. Within the
North and South representation units,
only 1 to 2 percent of cropland is
projected to be converted to nonsuitable land-use and land cover types
by 2075.
The projected impacts of climate on
the Illinois chorus frog are less certain.
We considered changes to climatic
variables that could impact aspects of
the species’ life history such as breeding
activity, development of tadpoles,
dispersal, foraging, and overwintering.
Mean temperatures, potential
evapotranspiration, the length of the
frost-free period, and winter and spring
precipitation are projected to increase
throughout the Illinois chorus frog’s
range, but summer precipitation is
projected to decrease. However, the
overall impact of these changes may be
positive or negative, depending on the
timing and duration of impact. The
burrowing nature of the Illinois chorus
frog also may mitigate the effects of
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climate change to some degree given
that the species’ behavior reduces
desiccation risk. In terms of potential
impacts from climate changes to the
wetlands used for breeding, some spring
temperatures and evapotranspiration
rates are projected to increase. However,
these changes may be offset by
increased winter and spring
precipitation. Because the Illinois
chorus frog is able to use a wide variety
of breeding habitats and the tadpole
period is relatively short (35–50 days),
rates of drought would need to
substantially increase in frequency and
duration (i.e., extended droughts over
consecutive years resulting in reduced
recruitment) to affect the species’
viability.
Given the minimal projected increases
in habitat loss and influence of climatic
impacts, the threats are not likely to
impact the Illinois chorus frog to a
degree where there are substantial
reductions in resiliency, redundancy, or
representation. The species is currently
well distributed throughout its
historical range, and the threats are not
projected to lead to loss of any
representation unit. Although the
Central representation unit is projected
to have increased risk when compared
to the other representation units, the
threats are not projected to increase to
a degree that the Central representation
unit will be at risk of extinction in the
foreseeable future. Furthermore, this
representation unit encompasses only
0.9 percent of the Illinois chorus frog’s
current range. Thus, we found no
biologically meaningful portion of the
Illinois chorus frog’s range where
threats are impacting individuals to an
extent that the status of the species in
that portion differs from any other
portion of the species’ range.
After assessing the best available
information, we concluded that the
Illinois chorus frog is not in danger of
extinction or likely to become in danger
of extinction throughout all of its range
or in any significant portion of its range.
Therefore, we find that listing the
Illinois chorus frog as an endangered
species or threatened species under the
Act is not warranted. A detailed
discussion of the basis for this finding
can be found in the Illinois chorus frog
species assessment and other supporting
documents on https://
www.regulations.gov under Docket No.
FWS–R3–ES–2023–0040 (see
ADDRESSES, above).
Peer Review
In accordance with our July 1, 1994,
peer review policy (59 FR 34270; July 1,
1994) and the Service’s August 22, 2016,
Director’s Memo on the Peer Review
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Process, we solicited independent
scientific reviews of the information
contained in the Illinois chorus frog
SSA report. The Service sent the SSA
report to four independent peer
reviewers and received four responses.
Results of this structured peer review
process can be found at https://
www.regulations.gov under Docket No.
FWS–R3–ES–2023–0040. We
incorporated the results of these
reviews, as appropriate, into the SSA
report, which is the foundation for this
finding.
Venus Flytrap
Previous Federal Actions
On October 21, 2016, we received a
petition from Donald Waller and 25
other individuals to list the Venus
flytrap, as an endangered or threatened
species and to designate critical habitat
under the Act. On December 20, 2017,
we published a 90-day finding (82 FR
60362) that the petition contained
substantial information indicating
listing may be warranted for the species.
This document constitutes our 12month finding on the October 21, 2016,
petition to list the Venus flytrap under
the Act.
Summary of Finding
The Venus flytrap is a perennial
herbaceous vascular plant species
endemic to southeastern North Carolina
and northeastern South Carolina. It has
a historical range within approximately
100 miles (161 kilometers) of and
including Wilmington, North Carolina.
The carnivorous plant is well known for
its ability to trap prey in its distinctive
leaves.
A population of Venus flytrap may
vary widely in size, ranging from a
single cluster of a few individuals to
tens of thousands of individuals
distributed over several hectares. The
Venus flytrap occurs in wetland habitats
in the Outer and Inner Coastal Plain and
Sandhills ecoregions. In the Outer
Coastal Plain, where it is more common,
large populations of Venus flytrap occur
in sandy pine savannas and wet pine
flatwoods. In the Sandhills region,
Venus flytrap plants are limited to seeps
between evergreen shrub bogs along
small creeks and pine/scrub oak
uplands. The species needs abundant
light, abundant moisture, moist acidic
soils, arthropods, as well as sustainable
population size and connectivity
between populations. Only sites that are
well managed with prescribed fire are
likely to support Venus flytrap
populations over time. The Venus
flytrap is well adapted to fire and can
be abundant and a major component of
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the herbaceous understory where
favorable conditions exist.
We have carefully assessed the best
scientific and commercial information
available regarding the past, present,
and future threats to the Venus flytrap,
and we evaluated all relevant factors
under the five listing factors, including
any regulatory mechanisms and
conservation measures addressing these
threats. The primary threats affecting
the Venus flytrap’s status are associated
with various actions that modify or
destroy habitat, such as fire
suppression. Other threats that modify
or destroy habitat include right-of-way
maintenance and conversion to
agriculture (including silviculture) and
residential and commercial
development. Additional stressors that
could have a negative effect on the
species include poaching and small
population size.
While there are several stressors to the
species and several small/isolated
populations have been extirpated, the
largest and most robust populations of
Venus flytrap have maintained
resiliency in the face of these threats.
The Venus flytrap has multiple resilient
populations distributed in wetlands in
the Coastal Plain and Sandhills of
southeastern North Carolina and
northeastern South Carolina, which is
an indication that the species can
withstand catastrophic events. Habitat
loss and modification is the primary
factor influencing the species
rangewide, yet 18 populations are in
moderate to high condition, and these
populations contain nearly 865,000
plants. The Venus flytrap has
maintained robust populations over
decades, many in protected areas, which
supports the idea that the species can
withstand stochastic events and
indicates population resiliency.
Furthermore, there are many ongoing
positive actions that benefit the Venus
flytrap, such as habitat protection and
management, State felony laws that
protect the Venus flytrap from poaching,
international permitting requirements,
and horticultural availability of
ethically grown plants. Thus, the threats
appear to have low imminence and
magnitude such that they are not
significantly affecting the species’
current viability.
We analyzed future scenarios over a
50-year timeframe that incorporated the
best available information for future
projections of habitat loss (i.e.,
development) under two different
climate change futures (SSP2 and SSP5),
as well as burn concern and fire
management potential. Considering land
use changes caused by development in
the future scenarios, the threat of habitat
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loss would not change the conditions of
most of the Venus flytrap populations
by the year 2070. In fact, the results of
our future conditions analysis indicate
no change in the future resiliency of
Venus flytrap populations that are
currently in high resiliency condition,
regardless of fire management scenario,
climate scenario, and year. Within fire
management scenarios, the total
resiliency conditions remained the same
in 2050 and 2070 for SSP2. SSP5
showed greater variation within
management scenarios and time steps.
The SSA report describes some of the
future uncertainties, but, considering
the available data, the risk of extinction
is low in the future. The eight
populations currently in high resiliency
condition are all predicted to remain in
high resiliency condition 30 and 50
years into the future. This is primarily
because these populations are currently
protected and managed, and those
conditions are not likely to change in
the future. These highly resilient
populations represent 92 percent of the
area occupied by populations on the
landscape.
Therefore, after assessing the best
available information, we determine
that the Venus flytrap is not in danger
of extinction now or likely to become so
in the foreseeable future throughout all
of its range.
We then evaluated the range of the
Venus flytrap to determine if the species
is in danger of extinction now or likely
to become so in the foreseeable future in
any significant portion of its range. The
Outer Coastal Plain is considered a
biologically meaningful portion of the
species’ range, as it contains the
majority of extant populations and is
considered the core of the range. This
portion contains the majority of
populations with high and medium
resiliency, and the populations are
largely on lands that are protected and
managed for conservation. For these
reasons, the Outer Coastal Plain portion
was not determined to have a different
status than the species’ range as a
whole.
The Inner Coastal Plain portion
contains only one low-resiliency
population of the Venus flytrap,
indicating that this small and isolated
population is currently at risk of
extirpation, primarily because the lack
of resiliency makes the population
susceptible to both stochastic and
catastrophic events. Threats to this
small population could have a
disproportionate impact in this portion.
Therefore, this portion does have a
different status than the species’ range
as a whole, and the species is in danger
of extinction now in the Inner Coastal
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Plain. However, the Inner Coastal Plain
is comprised of primarily agricultural
land, and most sites where the species
occurred historically and the one site
where it currently exists are considered
marginal habitat. This habitat does not
provide high value habitat to the
species, nor is the habitat considered to
have unique value, as it is marginal and
not overly conducive to the species’
survival. In addition, the Inner Coastal
Plain, which consists primarily of the
narrow corridor along the Cape Fear
River between the Outer Coastal Plain
and the Sandhills, makes up a very
small portion (0.7%) of the overall
species’ range. For these reasons, the
Inner Coastal Plain is not considered to
be a significant portion.
The Sandhills portion contains two
medium-resiliency populations and
seven low-resiliency populations of the
Venus flytrap. The two mediumresiliency populations are considered
protected in habitat managed with fire
by the Department of Defense and are
predicted to maintain medium
resiliency over the next 50 years.
However, the high number of lowresiliency populations, which are small
and isolated, indicates some
susceptibility to extirpation from
stochastic and catastrophic events. The
timing of whether any or all of these
populations could be extirpated is
uncertain, but is considered possible in
the foreseeable future, and these losses
in this portion could potentially put the
species at risk of extirpation in the
future. With the potential loss of
populations in this portion, we
determined that it is possible for this
portion to have a different status than
the species’ range as a whole, and thus
consider the species in danger of
extinction within the foreseeable future
in the Sandhills.
The habitat that supports the Venus
flytrap in the Sandhills is different than
in other parts of the range. Because of
its requirement for moist soils, the
Venus flytrap in the Sandhills is limited
to seeps that are narrow, moist ecotones
between streamhead pocosins (linear,
evergreen shrub bogs along small
creeks), and pine/scrub oak uplands.
These seeps are likely the only areas in
the Sandhills that provide conditions
suitable for the Venus flytrap to grow.
However, they do not represent unique
value habitat, as they are simply the
wetter ecotones that provide suitable
conditions for Venus flytrap plants to
grow. These areas are also not
necessarily high value relative to habitat
in the remaining portions of the range,
particularly when compared to habitat
in the Outer Coastal Plain that continues
to be the stronghold for the range of the
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species. Furthermore, the Sandhills
make up only 0.4 percent of the total
area of the range of the species, which
is a very small portion relative to the
range as a whole. For these reasons, we
determined that the Sandhills is not a
significant portion.
After assessing the best available
information, we concluded that the
Venus flytrap is not in danger of
extinction or likely to become in danger
of extinction throughout all of its range
or in any significant portion of its range.
Therefore, we find that listing the Venus
flytrap as an endangered species or
threatened species under the Act is not
warranted. A detailed discussion of the
basis for this finding can be found in the
Venus flytrap SSA report and other
supporting documents on https://
www.regulations.gov under Docket No.
FWS–R4–ES–2023–0041 (see
ADDRESSES, above).
VerDate Sep<11>2014
17:12 Jul 24, 2023
Jkt 259001
47843
Peer Review
In accordance with our July 1, 1994,
peer review policy (59 FR 34270; July 1,
1994) and the Service’s August 22, 2016,
Director’s Memo on the Peer Review
Process, we solicited independent
scientific reviews of the information
contained in the Venus flytrap SSA
report. The Service sent the SSA report
to six independent peer reviewers and
received four responses. Results of this
structured peer review process can be
found at https://www.regulations.gov
under Docket No. FWS–R4–ES–2023–
0041. We incorporated the results of
these reviews, as appropriate, into the
SSA report, which is the foundation for
this finding.
is available on the internet at https://
www.regulations.gov in the appropriate
docket (see ADDRESSES, above) and upon
request from the appropriate person (see
FOR FURTHER INFORMATION CONTACT,
above).
References Cited
Martha Williams,
Director, U.S. Fish and Wildlife Service.
A list of the references cited in this
petition finding is available in the
relevant species assessment form, which
PO 00000
Frm 00017
Fmt 4702
Sfmt 9990
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.).
[FR Doc. 2023–15621 Filed 7–24–23; 8:45 am]
BILLING CODE 4333–15–P
E:\FR\FM\25JYP1.SGM
25JYP1
Agencies
[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Proposed Rules]
[Pages 47839-47843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15621]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES1111090FEDR 234]
Endangered and Threatened Wildlife and Plants; Two Species Not
Warranted for Listing as Endangered or Threatened Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of findings.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce
findings that two species are not warranted for listing 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 Illinois chorus frog (Pseudacris illinoensis) and
Venus flytrap (Dionaea muscipula). However, we ask the public to submit
to us at any time any new information relevant to the status of any of
the species mentioned above or their habitats.
DATES: The findings in this document were made on July 25, 2023.
ADDRESSES: Detailed descriptions of the bases for these findings are
available on the internet at https://www.regulations.gov under the
following docket numbers:
------------------------------------------------------------------------
Species Docket No.
------------------------------------------------------------------------
Illinois chorus frog...................... FWS-R3-ES-2023-0040
Venus flytrap............................. FWS-R4-ES-2023-0041
------------------------------------------------------------------------
Those descriptions are also available by contacting the appropriate
person as specified under FOR FURTHER INFORMATION CONTACT. Please
submit any new information, materials, comments, or questions
concerning this finding to the appropriate person, as specified under
FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
------------------------------------------------------------------------
Species Contact information
------------------------------------------------------------------------
Illinois chorus frog...................... Kraig McPeak, Field
Supervisor, Illinois and
Iowa Ecological Services
Field Office,
[email protected], 309-
757-5800.
Venus flytrap............................. Dale Suiter, Botanist,
Raleigh Ecological Services
Field Office,
[email protected], 919-
856-4520.
------------------------------------------------------------------------
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:
Background
Under section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), we
are required to make a finding on whether or not a petitioned action is
warranted within 12 months after receiving any petition that we have
determined contains substantial scientific or commercial information
indicating that the petitioned action may be warranted (hereafter a
``12-month finding''). We must make a finding that the petitioned
action is: (1) Not warranted; (2) warranted; or (3) warranted but
precluded by other listing activity. We must publish a notification of
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 of Endangered and
Threatened Wildlife and Plants (Lists). The Act defines ``species'' as
including any subspecies of fish or wildlife or plants, and any
distinct population segment of any species of vertebrate fish or
wildlife which interbreeds when mature (16 U.S.C. 1532(16)). 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.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself. However, the mere
identification of any threat(s) does not necessarily mean that the
species meets the statutory definition of an ``endangered species'' or
a ``threatened species.'' In determining whether a species meets either
definition, we must evaluate all identified threats by considering the
expected response by the species, and the effects of the threats--in
light of those actions and conditions that will ameliorate the
threats--on an individual, population, and species level. We evaluate
each threat and its expected effects on the species, then analyze the
cumulative effect of all of the threats on the species as a whole. We
also consider the cumulative effect of the threats in light of those
actions and conditions that will have positive effects on the species,
such as any existing regulatory mechanisms or conservation efforts. The
Secretary determines whether the species meets the Act's definition of
an
[[Page 47840]]
``endangered species'' or a ``threatened species'' only after
conducting this cumulative analysis and describing the expected effect
on the species now and in the foreseeable future.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d), as revised in 2019, set
forth a framework for evaluating the foreseeable future on a case-by-
case basis. The term ``foreseeable future'' extends only so far into
the future as we can reasonably determine that both the future threats
and the species' responses to those threats are likely. In other words,
the foreseeable future is the period of time in which we can make
reliable predictions. ``Reliable'' does not mean ``certain''; it means
sufficient to provide a reasonable degree of confidence in the
prediction. Thus, a prediction is reliable if it is reasonable to
depend on it when making decisions.
It is not always possible or necessary to define foreseeable future
as a particular number of years. Analysis of the foreseeable future
uses the best scientific and commercial data available and should
consider the timeframes applicable to the relevant threats and to the
species' responses to those threats in view of its life-history
characteristics. Data that are typically relevant to assessing the
species' biological response include species-specific factors such as
lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
In conducting our evaluation of the five factors provided in
section 4(a)(1) of the Act to determine whether the Illinois chorus
frog and Venus flytrap meet the Act's 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 for all these species.
Our evaluation may include information from recognized experts;
Federal, State, and Tribal governments; academic institutions; foreign
governments; private entities; and other members of the public.
In accordance with the regulations at 50 CFR 424.14(h)(2)(i), this
document announces the not-warranted findings on petitions to list two
species. We have also elected to include brief summaries of the
analyses on which these findings are based. We provide the full
analyses, including the reasons and data on which the findings are
based, in the decisional file for each of the two actions included in
this document. The following is a description of the documents
containing these analyses:
The species assessment forms for Illinois chorus frog and Venus
flytrap contain more detailed biological information, a thorough
analysis of the listing factors, a list of literature cited, and an
explanation of why we determined that each species does not meet the
Act's definition of an ``endangered species'' or a ``threatened
species.'' To inform our status reviews, we completed species status
assessment (SSA) reports for the Illinois chorus frog and the Venus
flytrap. Each SSA contains a thorough review of the taxonomy, life
history, ecology, current status, and projected future status for each
species. This supporting information can be found on the internet at
https://www.regulations.gov under the appropriate docket number (see
ADDRESSES, above).
Illinois Chorus Frog
Previous Federal Actions
On July 11, 2012, we received a petition from the Center for
Biological Diversity (CBD) and others to list 53 species of amphibians
and reptiles, including the Illinois chorus frog, as endangered or
threatened species under the Act. On July 1, 2015, we published a 90-
day finding in the Federal Register (80 FR 37568) concluding that the
petition presented substantial scientific or commercial information
indicating that listing the Illinois chorus frog may be warranted. On
February 27, 2020, CBD filed a complaint alleging, amongst other
things, that the Service failed to make the statutorily required 12-
month findings for 241 species, including the Illinois chorus frog. On
May 4, 2022, the court approved a settlement agreement between CBD and
the Service to deliver a 12-month finding to the Federal Register on or
before September 28, 2023. This document constitutes our 12-month
finding on the July 11, 2012, petition to list the Illinois chorus frog
under the Act.
Summary of Finding
The Illinois chorus frog is a member of the ``Fat Frog'' clade of
North American chorus frogs that occurs in remnant sand prairie and
sandy alluvial deposits in west-central Illinois, southeastern
Missouri, and northeastern Arkansas. The species was first described as
a subspecies of Strecker's chorus frog from Morgan County, Illinois.
The Illinois chorus frog was subsequently suggested for recognition as
a full species, although continuing genetic and morphological studies
have failed to fully resolve its taxonomic status. We will use the
species designation hereafter, as the Illinois chorus frog is
recognized as a distinct species by the current taxonomic authorities
and the States in which the species occurs.
The Illinois chorus frog is dependent on both aquatic and
terrestrial habitats for survival and reproduction. Aquatic habitats--
used by egg and tadpole life stages for rearing and adult life stages
for breeding--are typically ephemeral wetlands that retain water from
mid-February through mid-June and have limited abundances of egg and
tadpole predators. Terrestrial life-stages of Illinois chorus frogs are
closely associated with remnant sand prairies, sand savannas, or other
deposits of sand and sandy soils. Sand is critical for the burrowing
nature of the frog, as individuals actively select sand substrates and
are unable to burrow in sod or other moderately compacted soils.
Burrows are used to mitigate desiccation risk and to overwinter below
the frost line. Suitable aquatic breeding and terrestrial non-breeding
habitats must occur within close proximity to allow for the species to
complete its life cycle.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Illinois chorus frog, and we evaluated all relevant factors
under the five listing factors, including any regulatory mechanisms and
conservation measures addressing these threats. The primary threats
affecting the Illinois chorus frog's biological status include habitat
loss and climate change. We also examined a number of other factors
including flooding, agricultural chemicals, sand mining, and disease,
but these factors did not rise to such a level that affected the
species as a whole.
Despite impacts from the primary stressors and some declines in
extent of area historically occupied, the Illinois chorus frog
currently occupies 878,282 acres (3,554 square kilometers) in 31
analysis units. Of the 31 analysis units, 7 healthy analysis units
encompass 85 percent of the known historical range and 92 percent of
breeding sites within two of the three representation units (areas that
contain potentially unique adaptive diversity). Healthy analysis units
are characterized as those that have 10 or more documented breeding
sites, with connectivity among the breeding sites, and at least 5
breeding sites having documented strong breeding choruses (a group of
11 or more calling male frogs). The North
[[Page 47841]]
representation unit contains three healthy analysis units that
constitute 64 percent of the occupied area within the unit, and the
South representation unit contains four healthy analysis units that
constitute 97 percent of the occupied area within the unit. The total
number of breeding sites contained per analysis unit ranges from 56 to
763 breeding sites, and based on recent surveys, the number of known
breeding sites has increased in all three representation units from the
number of known historical sites.
To evaluate future conditions of the Illinois chorus frog, we
evaluated the impacts of projected habitat loss and climate change at
2055 and 2075. Across the Illinois chorus frog's range, some future
declines in resiliency are projected due to impacts from habitat loss
and climate change; however, the impacts are not projected to lead to a
substantial reduction in redundancy and representation. The projected
rates of habitat loss due to development and changes in climatic
conditions are not expected to result in substantial reduction of the
species or its habitat into the future. Minor projected increases in
development may affect the availability of suitable habitat, with 2
percent of currently suitable habitat projected to be converted to non-
suitable habitats across the species' range. The projected loss of
habitat due to development is projected to be greatest in the Central
representation unit, with between 23 and 25 percent of cropland being
converted to non-suitable land-use types. Although habitat loss is
projected to occur at a higher rate within this unit, it comprises 0.9
percent of the overall acreage occupied by the species. Within the
North and South representation units, only 1 to 2 percent of cropland
is projected to be converted to non-suitable land-use and land cover
types by 2075.
The projected impacts of climate on the Illinois chorus frog are
less certain. We considered changes to climatic variables that could
impact aspects of the species' life history such as breeding activity,
development of tadpoles, dispersal, foraging, and overwintering. Mean
temperatures, potential evapotranspiration, the length of the frost-
free period, and winter and spring precipitation are projected to
increase throughout the Illinois chorus frog's range, but summer
precipitation is projected to decrease. However, the overall impact of
these changes may be positive or negative, depending on the timing and
duration of impact. The burrowing nature of the Illinois chorus frog
also may mitigate the effects of climate change to some degree given
that the species' behavior reduces desiccation risk. In terms of
potential impacts from climate changes to the wetlands used for
breeding, some spring temperatures and evapotranspiration rates are
projected to increase. However, these changes may be offset by
increased winter and spring precipitation. Because the Illinois chorus
frog is able to use a wide variety of breeding habitats and the tadpole
period is relatively short (35-50 days), rates of drought would need to
substantially increase in frequency and duration (i.e., extended
droughts over consecutive years resulting in reduced recruitment) to
affect the species' viability.
Given the minimal projected increases in habitat loss and influence
of climatic impacts, the threats are not likely to impact the Illinois
chorus frog to a degree where there are substantial reductions in
resiliency, redundancy, or representation. The species is currently
well distributed throughout its historical range, and the threats are
not projected to lead to loss of any representation unit. Although the
Central representation unit is projected to have increased risk when
compared to the other representation units, the threats are not
projected to increase to a degree that the Central representation unit
will be at risk of extinction in the foreseeable future. Furthermore,
this representation unit encompasses only 0.9 percent of the Illinois
chorus frog's current range. Thus, we found no biologically meaningful
portion of the Illinois chorus frog's range where threats are impacting
individuals to an extent that the status of the species in that portion
differs from any other portion of the species' range.
After assessing the best available information, we concluded that
the Illinois chorus frog is not in danger of extinction or likely to
become in danger of extinction throughout all of its range or in any
significant portion of its range. Therefore, we find that listing the
Illinois chorus frog as an endangered species or threatened species
under the Act is not warranted. A detailed discussion of the basis for
this finding can be found in the Illinois chorus frog species
assessment and other supporting documents on https://www.regulations.gov under Docket No. FWS-R3-ES-2023-0040 (see
ADDRESSES, above).
Peer Review
In accordance with our July 1, 1994, peer review policy (59 FR
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo
on the Peer Review Process, we solicited independent scientific reviews
of the information contained in the Illinois chorus frog SSA report.
The Service sent the SSA report to four independent peer reviewers and
received four responses. Results of this structured peer review process
can be found at https://www.regulations.gov under Docket No. FWS-R3-ES-
2023-0040. We incorporated the results of these reviews, as
appropriate, into the SSA report, which is the foundation for this
finding.
Venus Flytrap
Previous Federal Actions
On October 21, 2016, we received a petition from Donald Waller and
25 other individuals to list the Venus flytrap, as an endangered or
threatened species and to designate critical habitat under the Act. On
December 20, 2017, we published a 90-day finding (82 FR 60362) that the
petition contained substantial information indicating listing may be
warranted for the species. This document constitutes our 12-month
finding on the October 21, 2016, petition to list the Venus flytrap
under the Act.
Summary of Finding
The Venus flytrap is a perennial herbaceous vascular plant species
endemic to southeastern North Carolina and northeastern South Carolina.
It has a historical range within approximately 100 miles (161
kilometers) of and including Wilmington, North Carolina. The
carnivorous plant is well known for its ability to trap prey in its
distinctive leaves.
A population of Venus flytrap may vary widely in size, ranging from
a single cluster of a few individuals to tens of thousands of
individuals distributed over several hectares. The Venus flytrap occurs
in wetland habitats in the Outer and Inner Coastal Plain and Sandhills
ecoregions. In the Outer Coastal Plain, where it is more common, large
populations of Venus flytrap occur in sandy pine savannas and wet pine
flatwoods. In the Sandhills region, Venus flytrap plants are limited to
seeps between evergreen shrub bogs along small creeks and pine/scrub
oak uplands. The species needs abundant light, abundant moisture, moist
acidic soils, arthropods, as well as sustainable population size and
connectivity between populations. Only sites that are well managed with
prescribed fire are likely to support Venus flytrap populations over
time. The Venus flytrap is well adapted to fire and can be abundant and
a major component of
[[Page 47842]]
the herbaceous understory where favorable conditions exist.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Venus flytrap, and we evaluated all relevant factors under the
five listing factors, including any regulatory mechanisms and
conservation measures addressing these threats. The primary threats
affecting the Venus flytrap's status are associated with various
actions that modify or destroy habitat, such as fire suppression. Other
threats that modify or destroy habitat include right-of-way maintenance
and conversion to agriculture (including silviculture) and residential
and commercial development. Additional stressors that could have a
negative effect on the species include poaching and small population
size.
While there are several stressors to the species and several small/
isolated populations have been extirpated, the largest and most robust
populations of Venus flytrap have maintained resiliency in the face of
these threats. The Venus flytrap has multiple resilient populations
distributed in wetlands in the Coastal Plain and Sandhills of
southeastern North Carolina and northeastern South Carolina, which is
an indication that the species can withstand catastrophic events.
Habitat loss and modification is the primary factor influencing the
species rangewide, yet 18 populations are in moderate to high
condition, and these populations contain nearly 865,000 plants. The
Venus flytrap has maintained robust populations over decades, many in
protected areas, which supports the idea that the species can withstand
stochastic events and indicates population resiliency. Furthermore,
there are many ongoing positive actions that benefit the Venus flytrap,
such as habitat protection and management, State felony laws that
protect the Venus flytrap from poaching, international permitting
requirements, and horticultural availability of ethically grown plants.
Thus, the threats appear to have low imminence and magnitude such that
they are not significantly affecting the species' current viability.
We analyzed future scenarios over a 50-year timeframe that
incorporated the best available information for future projections of
habitat loss (i.e., development) under two different climate change
futures (SSP2 and SSP5), as well as burn concern and fire management
potential. Considering land use changes caused by development in the
future scenarios, the threat of habitat loss would not change the
conditions of most of the Venus flytrap populations by the year 2070.
In fact, the results of our future conditions analysis indicate no
change in the future resiliency of Venus flytrap populations that are
currently in high resiliency condition, regardless of fire management
scenario, climate scenario, and year. Within fire management scenarios,
the total resiliency conditions remained the same in 2050 and 2070 for
SSP2. SSP5 showed greater variation within management scenarios and
time steps. The SSA report describes some of the future uncertainties,
but, considering the available data, the risk of extinction is low in
the future. The eight populations currently in high resiliency
condition are all predicted to remain in high resiliency condition 30
and 50 years into the future. This is primarily because these
populations are currently protected and managed, and those conditions
are not likely to change in the future. These highly resilient
populations represent 92 percent of the area occupied by populations on
the landscape.
Therefore, after assessing the best available information, we
determine that the Venus flytrap is not in danger of extinction now or
likely to become so in the foreseeable future throughout all of its
range.
We then evaluated the range of the Venus flytrap to determine if
the species is in danger of extinction now or likely to become so in
the foreseeable future in any significant portion of its range. The
Outer Coastal Plain is considered a biologically meaningful portion of
the species' range, as it contains the majority of extant populations
and is considered the core of the range. This portion contains the
majority of populations with high and medium resiliency, and the
populations are largely on lands that are protected and managed for
conservation. For these reasons, the Outer Coastal Plain portion was
not determined to have a different status than the species' range as a
whole.
The Inner Coastal Plain portion contains only one low-resiliency
population of the Venus flytrap, indicating that this small and
isolated population is currently at risk of extirpation, primarily
because the lack of resiliency makes the population susceptible to both
stochastic and catastrophic events. Threats to this small population
could have a disproportionate impact in this portion. Therefore, this
portion does have a different status than the species' range as a
whole, and the species is in danger of extinction now in the Inner
Coastal Plain. However, the Inner Coastal Plain is comprised of
primarily agricultural land, and most sites where the species occurred
historically and the one site where it currently exists are considered
marginal habitat. This habitat does not provide high value habitat to
the species, nor is the habitat considered to have unique value, as it
is marginal and not overly conducive to the species' survival. In
addition, the Inner Coastal Plain, which consists primarily of the
narrow corridor along the Cape Fear River between the Outer Coastal
Plain and the Sandhills, makes up a very small portion (0.7%) of the
overall species' range. For these reasons, the Inner Coastal Plain is
not considered to be a significant portion.
The Sandhills portion contains two medium-resiliency populations
and seven low-resiliency populations of the Venus flytrap. The two
medium-resiliency populations are considered protected in habitat
managed with fire by the Department of Defense and are predicted to
maintain medium resiliency over the next 50 years. However, the high
number of low-resiliency populations, which are small and isolated,
indicates some susceptibility to extirpation from stochastic and
catastrophic events. The timing of whether any or all of these
populations could be extirpated is uncertain, but is considered
possible in the foreseeable future, and these losses in this portion
could potentially put the species at risk of extirpation in the future.
With the potential loss of populations in this portion, we determined
that it is possible for this portion to have a different status than
the species' range as a whole, and thus consider the species in danger
of extinction within the foreseeable future in the Sandhills.
The habitat that supports the Venus flytrap in the Sandhills is
different than in other parts of the range. Because of its requirement
for moist soils, the Venus flytrap in the Sandhills is limited to seeps
that are narrow, moist ecotones between streamhead pocosins (linear,
evergreen shrub bogs along small creeks), and pine/scrub oak uplands.
These seeps are likely the only areas in the Sandhills that provide
conditions suitable for the Venus flytrap to grow. However, they do not
represent unique value habitat, as they are simply the wetter ecotones
that provide suitable conditions for Venus flytrap plants to grow.
These areas are also not necessarily high value relative to habitat in
the remaining portions of the range, particularly when compared to
habitat in the Outer Coastal Plain that continues to be the stronghold
for the range of the
[[Page 47843]]
species. Furthermore, the Sandhills make up only 0.4 percent of the
total area of the range of the species, which is a very small portion
relative to the range as a whole. For these reasons, we determined that
the Sandhills is not a significant portion.
After assessing the best available information, we concluded that
the Venus flytrap is not in danger of extinction or likely to become in
danger of extinction throughout all of its range or in any significant
portion of its range. Therefore, we find that listing the Venus flytrap
as an endangered species or threatened species under the Act is not
warranted. A detailed discussion of the basis for this finding can be
found in the Venus flytrap SSA report and other supporting documents on
https://www.regulations.gov under Docket No. FWS-R4-ES-2023-0041 (see
ADDRESSES, above).
Peer Review
In accordance with our July 1, 1994, peer review policy (59 FR
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo
on the Peer Review Process, we solicited independent scientific reviews
of the information contained in the Venus flytrap SSA report. The
Service sent the SSA report to six independent peer reviewers and
received four responses. Results of this structured peer review process
can be found at https://www.regulations.gov under Docket No. FWS-R4-ES-
2023-0041. We incorporated the results of these reviews, as
appropriate, into the SSA report, which is the foundation for this
finding.
References Cited
A list of the references cited in this petition finding is
available in the relevant species assessment form, which is available
on the internet at https://www.regulations.gov in the appropriate
docket (see ADDRESSES, above) and upon request from the appropriate
person (see FOR FURTHER INFORMATION CONTACT, above).
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.).
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-15621 Filed 7-24-23; 8:45 am]
BILLING CODE 4333-15-P