Endangered and Threatened Wildlife and Plants; 90-Day Findings for Five Species, 55991-55995 [2023-17726]
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Federal Register / Vol. 88, No. 158 / Thursday, August 17, 2023 / Proposed Rules
Wendi Weber,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2023–17671 Filed 8–16–23; 8:45 am]
BILLING CODE 4333–15–C
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES1111090FEDR 234]
ddrumheller on DSK120RN23PROD with PROPOSALS1
Endangered and Threatened Wildlife
and Plants; 90-Day Findings for Five
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 five
species to the Lists of Endangered and
Threatened Wildlife and Plants under
SUMMARY:
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the Endangered Species Act of 1973, as
amended (Act). Based on our review, we
find that the petitions to list the
bleached sandhill skipper (Polites
sabuleti sinemaculata), blue tree
monitor lizard (Varanus macraei),
Bornean earless monitor lizard
(Lanthanotus borneensis), and pinyon
jay (Gymnorhinus cyanocephalus)
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 these
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. We further
find that the petition to list the least
chub (Iotichthys phlegethontis) does not
present substantial information
indicating the petitioned action may be
warranted. Therefore, we are not
initiating a status review of the least
chub.
These findings were made on
August 17, 2023. As we commence our
status reviews, we seek any new
information concerning the status of, or
DATES:
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threats to, the bleached sandhill
skipper, blue tree monitor lizard,
Bornean earless monitor lizard, or
pinyon jay, 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 tables
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 scientific
or commercial data or other information
concerning the status of, or threats to,
the bleached sandhill skipper, blue tree
monitor lizard, Bornean earless monitor
lizard, or pinyon jay, or their habitats,
please provide those data or information
by one of the methods listed below. For
the Blue tree monitor and Bornean
earless monitor, we specifically request
information on: (a) identification of
shortcomings in existing regulations
that are contributing to population-level
effects on the species; and (b)
information on any trade in the species,
including evidence of trade levels,
trends, and patterns, and any changes
over time.
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EP17AU23.168</GPH>
(11) Unit 6: South of U.S. 287
(Wilbarger and Wichita Counties,
Texas).
(i) Unit 6 consists of 111,014 ac
(44,926 ha) in private ownership and
management in Wilbarger and Wichita
Counties, Texas.
(ii) Map of Unit 6 is provided in
paragraph (10)(ii) of this entry.
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*
*
*
*
55991
55992
Federal Register / Vol. 88, No. 158 / Thursday, August 17, 2023 / Proposed Rules
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R8–ES–2023–0035 for the
bleached sandhill skipper, FWS–HQ–
ES–2023–0033 for the blue tree monitor
lizard, FWS–HQ–ES–2023–0034 for the
Bornean earless monitor lizard, or FWS–
R6–ES–2022–0177 for the pinyon jay.
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://
Bornean earless monitor lizard), or
FWS–R6–ES–2022–0177 (for the pinyon
jay)], 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
Bleached sandhill skipper ...............
Blue tree monitor lizard ...................
Bornean earless monitor lizard .......
Pinyon jay .......................................
Least chub ......................................
Sue Cameron, Biologist, Asheville, North Carolina Field Office, 828–450–7469, susan_cameron@fws.gov.
Demetra Panos, Biologist, Ecological Services Headquarters, 636–346–4900, demetra_panos@fws.gov.
Amanda Hyman, Biologist, Ecological Services Headquarters, 703–358–2480, amanda_hyman@fws.gov.
Yvette Converse, Project Leader, Utah Field Office, 801–975–3330; yvette_converse@fws.gov.
Justin Barrett, Acting Field Supervisor, Reno Fish and Wildlife Field Office, 775–861–6300; justin_barrett@
fws.gov.
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:
Information Submitted for a Status
Review
ddrumheller on DSK120RN23PROD with PROPOSALS1
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:
[Enter Docket No.; please use FWS–R8–
ES–2023–0035 (for the bleached
sandhill skipper), FWS–HQ–ES–2023–
0033 (for the blue tree monitor lizard),
FWS–HQ–ES–2023–0034 (for the
You may submit your comments and
materials concerning the status of, or
threats to, the bleached sandhill
skipper, blue tree monitor lizard,
Bornean earless monitor lizard, or
pinyon jay, 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.
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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
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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),
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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
55993
critical habitat) are reviewed under the
Administrative Procedure Act (5 U.S.C.
551 et seq.) 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.
We note that listing a species on an
emergency basis is not a petitionable
action under the Act, and the question
of when to list on an emergency basis
is left to the discretion of the Service. If
the Service determines that the standard
for emergency listing in section 4(b)(7)
of the Act is met, the Service may
exercise its authority to take an
emergency listing action at any time and
is prepared to do so.
Summaries of Petition Findings
The petition findings contained in
this document are listed in the tables
below, and the basis for each finding,
along with supporting information, is
available on https://
www.regulations.gov under the
appropriate docket number.
TABLE 1—INTERNET SEARCH INFORMATION FOR STATUS REVIEWS FOR FOUR SPECIES
Species common name
Docket No.
Bleached sandhill skipper .................
Blue tree monitor lizard .....................
Bornean earless monitor lizard .........
Pinyon Jay ........................................
URL to docket on https://www.regulations.gov
FWS–R8–ES–2023–0035
FWS–HQ–ES–2023–0033
FWS–HQ–ES–2023–0034
FWS–R6–ES–2022–0177
https://www.regulations.gov/FWS-R8-ES-2023-0035.
https://www.regulations.gov/FWS-HQ-ES-2023-0033.
https://www.regulations.gov/FWS-HQ-ES-2023-0034.
https://www.regulations.gov/FWS-R6-ES-2022-0177.
TABLE 2—INTERNET SEARCH INFORMATION FOR NOT-SUBSTANTIAL FINDING FOR LEAST CHUB
Docket No.
URL to docket on https://www.regulations.gov
FWS–R6–ES–2022–0015 ...................................
Evaluation of a Petition To List the
Bleached Sandhill Skipper
Species and Range
Bleached sandhill skipper (Polites
sabuleti sinemaculata); Humboldt
County, Nevada.
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Petition History
On October 16, 2022, we received a
petition from the Center for Biological
Diversity requesting that the bleached
sandhill skipper be listed, or emergency
listed, as an endangered species or a
threatened species and critical habitat
be designated for this subspecies 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).
Listing a species on an emergency
basis is not a petitionable action under
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https://www.regulations.gov/FWS-R6-ES-2022-0015.
the Act, and the question of when to list
on an emergency basis is left to the
discretion of the Service. If the Service
determines that the standard for
emergency listing in section 4(b)(7) of
the Act is met, the Service may exercise
that discretion to take an emergency
listing action at any time. Therefore, we
are considering the October 16, 2022,
petition as a petition to list the bleached
sandhill skipper. This finding addresses
the petition.
Finding
We reviewed the petition, sources
cited in the petition, and other readily
available information (within the
constraints of the Act and 50 CFR
424.14(h)(1)). We considered the
credible information that the petition
provided regarding effects of the threats
that fall within factors under the Act’s
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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
geothermal energy production (Factor
A) and the inadequacy of existing
regulatory mechanisms (Factor D), we
find that the petition presents
substantial scientific or commercial
information indicating that listing the
bleached sandhill skipper as an
endangered species or a threatened
species may be warranted. The
petitioners also presented information
suggesting grazing, water diversions,
and climate change may be threats to
the bleached sandhill skipper. We will
fully evaluate these potential threats
during our 12-month status review,
pursuant to the Act’s requirement to
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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
at https://www.regulations.gov under
Docket No. FWS–R8–ES–2023–0035
under the Supporting Documents
section.
Evaluation of a Petition To List the Blue
Tree Monitor Lizard
Species and Range
Blue tree monitor lizard (Varanus
macraei); Batanta Island and
surrounding small offshore islets, Raja
Ampat archipelago, West Papua
Province, Indonesian New Guinea.
Petition History
On April 25, 2022, we received a
petition from the Center for Biological
Diversity requesting that the blue tree
monitor lizard be listed as an
endangered species 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). The petitioners
additionally requested that the Service
immediately protect the blue tree
monitor lizard with the emergency
listing authority under 16 U.S.C.
1533(b)(7).
Listing a species on an emergency
basis is not a petitionable action under
the Act, and the question of when to list
on an emergency basis is left to the
discretion of the Service. If the Service
determines that the standard for
emergency listing in section 4(b)(7) of
the Act is met, the Service may exercise
that discretion to take an emergency
listing action at any time. Therefore, we
are considering the April 25, 2022,
petition as a petition to list the blue tree
monitor lizard. We are aware of the
potential for a rush on trade and are
prepared to issue an emergency listing
if the standards for emergency listing
per section 4(b)(7) of the Act are met.
This finding addresses the petition.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Finding
We reviewed the petition, sources
cited in the petition, and other readily
available information (within the
constraints of the Act and 50 CFR
424.14(h)(1)). We considered the
credible information that the petition
provided regarding effects of the threats
that fall within 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
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review of the petition and readily
available information regarding the
international pet trade (Factor B), we
find that the petition presents
substantial scientific or commercial
information indicating that listing the
blue tree monitor lizard may be
warranted. The petitioners also
presented information suggesting
habitat loss, disease, and climate change
may also be threats to the blue tree
monitor lizard. We will fully evaluate
these potential threats during our 12month 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
at https://www.regulations.gov under
Docket No. FWS–HQ–ES–2023–0033
under the Supporting Documents
section.
Evaluation of a Petition To List the
Bornean Earless Monitor Lizard
Species and Range
Bornean earless monitor lizard
(Lanthanotus borneensis); Sarawak,
Malaysia and Kalimantan, Indonesia.
Petition History
On November 2, 2022, we received a
petition from the Center for Biological
Diversity requesting that the Bornean
earless monitor lizard be emergency
listed as an endangered species 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).
Listing a species on an emergency
basis is not a petitionable action under
the Act, and the question of when to list
on an emergency basis is left to the
discretion of the Service. If the Service
determines that the standard for
emergency listing in section 4(b)(7) of
the Act is met, the Service may exercise
that discretion to take an emergency
listing action at any time. Therefore, we
are considering the November 2, 2022,
petition as a petition to list the Bornean
earless monitor lizard. We are aware of
the potential for a rush on trade and are
prepared to issue an emergency listing
if the standards for emergency listing
per section 4(b)(7) of the Act are met.
This finding addresses the petition.
Finding
We reviewed the petition, sources
cited in the petition, and other readily
available information (within the
constraints of the Act and 50 CFR
424.14(h)(1)). We considered the
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credible information that the petition
provided regarding the effects of the
threats that fall within 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
deforestation of the species’ habitat for
logging and plantations (Factor A), we
find that the petition presents
substantial scientific or commercial
information indicating that listing the
Bornean earless monitor lizard as an
endangered species or a threatened
species may be warranted. The
petitioners also presented information
suggesting trade and climate change,
including shifting weather regimes and
sea level rise, may be threats to the
Bornean earless monitor lizard. 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
at https://www.regulations.gov under
Docket No. FWS–HQ–ES–2023–0034
under the Supporting Documents
section.
Evaluation of a Petition To List the
Pinyon Jay
Species and Range
The pinyon jay (Gymnorhinus
cyanocephalus); Arizona, California,
Colorado, Idaho, Montana, Nebraska,
Nevada, New Mexico, Oklahoma,
Oregon, South Dakota, Utah, and
Wyoming, and Baja California, Mexico.
Petition History
On April 25, 2022, we received a
petition from Defenders of Wildlife
requesting that pinyon jay be listed as
an endangered species 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.
Finding
We reviewed the petition, sources
cited in the petition, and other readily
available information (within the
constraints of the Act and 50 CFR
424.14(h)(1)). We considered the
credible information that the petition
provided regarding effects of the threats
that fall within factors under the Act’s
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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 adverse
habitat treatments in pin˜on-juniper
woodlands (Factor A), increased
wildfire frequency (Factor A), invasive
species (Factor A), inadequacy of
existing regulatory mechanisms (Factor
D), and climate change (Factor E), we
find that the petition presents
substantial scientific or commercial
information indicating that the
petitioned action to list the pinyon jay
as an endangered or threatened species
may be warranted. 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 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
at https://www.regulations.gov under
Docket No. FWS–R6–ES–2022–0177
under the Supporting Documents
section.
Evaluation of a Petition To List the Least
Chub
Species and Range
Least chub (Iotichthys phlegethontis);
Utah.
Petition History
ddrumheller on DSK120RN23PROD with PROPOSALS1
On September 30, 2021, we received
a petition from the Center for Biological
Diversity requesting that the least chub
be listed as an endangered species or a
threatened species and critical habitat
be designated for the species under the
Act. The petition clearly identified itself
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as such and included the requisite
identification information for the
petitioner, required at 50 CFR 424.14(c).
This finding addresses the petition.
Finding
We reviewed the petition, sources
cited in the petition, and other readily
available information (within the
constraints of the Act and 50 CFR
424.14(h)(1)). We considered the
credible information that the petition
provided regarding the individual and
cumulative effects of threats that fall
within 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,
sources cited in the petition, and other
readily available information, we find
that the petition does not provide
substantial scientific or commercial
information indicating that listing the
least chub as an endangered or a
threatened species may be warranted.
We are not initiating a status review of
this species in response to this petition.
However, we ask that the public submit
to us any new information that becomes
available concerning the status of, or
threats to, this species or its habitat at
any time (see FOR FURTHER INFORMATION
CONTACT, above).
The basis for our finding on this
petition, and other information
regarding our review of the petition can
be found at https://www.regulations.gov
under Docket No. FWS–R6–ES–2022–
0015 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
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55995
have determined that the petitions
summarized above for the bleached
sandhill skipper, blue tree monitor
lizard, Bornean earless monitor lizard,
and pinyon jay present substantial
scientific or commercial information
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. In addition, we have
determined that the petition
summarized above for the least chub
does not present substantial scientific or
commercial information indicating that
the petitioned action may be warranted.
We are, therefore, not initiating a status
review for the least chub in response to
the petition.
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.).
Wendi Weber,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2023–17726 Filed 8–16–23; 8:45 am]
BILLING CODE 4333–15–P
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]]>Agencies
[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Proposed Rules]
[Pages 55991-55995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17726]
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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 Five Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of petition findings and initiation of status
reviews.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on petitions to add five 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 bleached sandhill skipper (Polites
sabuleti sinemaculata), blue tree monitor lizard (Varanus macraei),
Bornean earless monitor lizard (Lanthanotus borneensis), and pinyon jay
(Gymnorhinus cyanocephalus) 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 these 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.
We further find that the petition to list the least chub (Iotichthys
phlegethontis) does not present substantial information indicating the
petitioned action may be warranted. Therefore, we are not initiating a
status review of the least chub.
DATES: These findings were made on August 17, 2023. As we commence our
status reviews, we seek any new information concerning the status of,
or threats to, the bleached sandhill skipper, blue tree monitor lizard,
Bornean earless monitor lizard, or pinyon jay, 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 tables
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 scientific or commercial data or other
information concerning the status of, or threats to, the bleached
sandhill skipper, blue tree monitor lizard, Bornean earless monitor
lizard, or pinyon jay, or their habitats, please provide those data or
information by one of the methods listed below. For the Blue tree
monitor and Bornean earless monitor, we specifically request
information on: (a) identification of shortcomings in existing
regulations that are contributing to population-level effects on the
species; and (b) information on any trade in the species, including
evidence of trade levels, trends, and patterns, and any changes over
time.
[[Page 55992]]
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R8-ES-2023-0035 for
the bleached sandhill skipper, FWS-HQ-ES-2023-0033 for the blue tree
monitor lizard, FWS-HQ-ES-2023-0034 for the Bornean earless monitor
lizard, or FWS-R6-ES-2022-0177 for the pinyon jay. 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: [Enter Docket No.; please use FWS-R8-ES-2023-0035
(for the bleached sandhill skipper), FWS-HQ-ES-2023-0033 (for the blue
tree monitor lizard), FWS-HQ-ES-2023-0034 (for the Bornean earless
monitor lizard), or FWS-R6-ES-2022-0177 (for the pinyon jay)], 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
------------------------------------------------------------------------
Bleached sandhill skipper......... Sue Cameron, Biologist, Asheville,
North Carolina Field Office, 828-
450-7469, [email protected].
Blue tree monitor lizard.......... Demetra Panos, Biologist, Ecological
Services Headquarters, 636-346-
4900, [email protected].
Bornean earless monitor lizard.... Amanda Hyman, Biologist, Ecological
Services Headquarters, 703-358-
2480, [email protected].
Pinyon jay........................ Yvette Converse, Project Leader,
Utah Field Office, 801-975-3330;
[email protected].
Least chub........................ Justin Barrett, Acting Field
Supervisor, Reno Fish and Wildlife
Field Office, 775-861-6300;
[email protected].
------------------------------------------------------------------------
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 bleached sandhill skipper, blue tree monitor
lizard, Bornean earless monitor lizard, or pinyon jay, 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),
[[Page 55993]]
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 (5 U.S.C. 551 et seq.) 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.
We note that listing a species on an emergency basis is not a
petitionable action under the Act, and the question of when to list on
an emergency basis is left to the discretion of the Service. If the
Service determines that the standard for emergency listing in section
4(b)(7) of the Act is met, the Service may exercise its authority to
take an emergency listing action at any time and is prepared to do so.
Summaries of Petition Findings
The petition findings contained in this document are listed in the
tables below, and the basis for each finding, along with supporting
information, is available on https://www.regulations.gov under the
appropriate docket number.
Table 1--Internet Search Information for Status Reviews for Four Species
----------------------------------------------------------------------------------------------------------------
URL to docket on https://
Species common name Docket No. www.regulations.gov
----------------------------------------------------------------------------------------------------------------
Bleached sandhill skipper.................... FWS-R8-ES-2023-0035 https://www.regulations.gov/FWS-R8-ES-2023-0035.
Blue tree monitor lizard..................... FWS-HQ-ES-2023-0033 https://www.regulations.gov/FWS-HQ-ES-2023-0033.
Bornean earless monitor lizard............... FWS-HQ-ES-2023-0034 https://www.regulations.gov/FWS-HQ-ES-2023-0034.
Pinyon Jay................................... FWS-R6-ES-2022-0177 https://www.regulations.gov/FWS-R6-ES-2022-0177.
----------------------------------------------------------------------------------------------------------------
Table 2--Internet Search Information for Not-Substantial Finding for
Least Chub
------------------------------------------------------------------------
URL to docket on https://
Docket No. www.regulations.gov
------------------------------------------------------------------------
FWS-R6-ES-2022-0015............... https://www.regulations.gov/FWS-R6-ES-2022-0015.
------------------------------------------------------------------------
Evaluation of a Petition To List the Bleached Sandhill Skipper
Species and Range
Bleached sandhill skipper (Polites sabuleti sinemaculata); Humboldt
County, Nevada.
Petition History
On October 16, 2022, we received a petition from the Center for
Biological Diversity requesting that the bleached sandhill skipper be
listed, or emergency listed, as an endangered species or a threatened
species and critical habitat be designated for this subspecies 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).
Listing a species on an emergency basis is not a petitionable
action under the Act, and the question of when to list on an emergency
basis is left to the discretion of the Service. If the Service
determines that the standard for emergency listing in section 4(b)(7)
of the Act is met, the Service may exercise that discretion to take an
emergency listing action at any time. Therefore, we are considering the
October 16, 2022, petition as a petition to list the bleached sandhill
skipper. This finding addresses the petition.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information (within the constraints of the Act and 50
CFR 424.14(h)(1)). We considered the credible information that the
petition provided regarding effects of the threats that fall within
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 geothermal energy production (Factor A) and the
inadequacy of existing regulatory mechanisms (Factor D), we find that
the petition presents substantial scientific or commercial information
indicating that listing the bleached sandhill skipper as an endangered
species or a threatened species may be warranted. The petitioners also
presented information suggesting grazing, water diversions, and climate
change may be threats to the bleached sandhill skipper. We will fully
evaluate these potential threats during our 12-month status review,
pursuant to the Act's requirement to
[[Page 55994]]
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 at https://www.regulations.gov under Docket No. FWS-R8-ES-2023-0035 under the
Supporting Documents section.
Evaluation of a Petition To List the Blue Tree Monitor Lizard
Species and Range
Blue tree monitor lizard (Varanus macraei); Batanta Island and
surrounding small offshore islets, Raja Ampat archipelago, West Papua
Province, Indonesian New Guinea.
Petition History
On April 25, 2022, we received a petition from the Center for
Biological Diversity requesting that the blue tree monitor lizard be
listed as an endangered species 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). The petitioners additionally requested that the Service
immediately protect the blue tree monitor lizard with the emergency
listing authority under 16 U.S.C. 1533(b)(7).
Listing a species on an emergency basis is not a petitionable
action under the Act, and the question of when to list on an emergency
basis is left to the discretion of the Service. If the Service
determines that the standard for emergency listing in section 4(b)(7)
of the Act is met, the Service may exercise that discretion to take an
emergency listing action at any time. Therefore, we are considering the
April 25, 2022, petition as a petition to list the blue tree monitor
lizard. We are aware of the potential for a rush on trade and are
prepared to issue an emergency listing if the standards for emergency
listing per section 4(b)(7) of the Act are met. This finding addresses
the petition.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information (within the constraints of the Act and 50
CFR 424.14(h)(1)). We considered the credible information that the
petition provided regarding effects of the threats that fall within
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 the international pet trade (Factor B), we find
that the petition presents substantial scientific or commercial
information indicating that listing the blue tree monitor lizard may be
warranted. The petitioners also presented information suggesting
habitat loss, disease, and climate change may also be threats to the
blue tree monitor lizard. 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 at https://www.regulations.gov under Docket No. FWS-HQ-ES-2023-0033 under the
Supporting Documents section.
Evaluation of a Petition To List the Bornean Earless Monitor Lizard
Species and Range
Bornean earless monitor lizard (Lanthanotus borneensis); Sarawak,
Malaysia and Kalimantan, Indonesia.
Petition History
On November 2, 2022, we received a petition from the Center for
Biological Diversity requesting that the Bornean earless monitor lizard
be emergency listed as an endangered species 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).
Listing a species on an emergency basis is not a petitionable
action under the Act, and the question of when to list on an emergency
basis is left to the discretion of the Service. If the Service
determines that the standard for emergency listing in section 4(b)(7)
of the Act is met, the Service may exercise that discretion to take an
emergency listing action at any time. Therefore, we are considering the
November 2, 2022, petition as a petition to list the Bornean earless
monitor lizard. We are aware of the potential for a rush on trade and
are prepared to issue an emergency listing if the standards for
emergency listing per section 4(b)(7) of the Act are met. This finding
addresses the petition.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information (within the constraints of the Act and 50
CFR 424.14(h)(1)). We considered the credible information that the
petition provided regarding the effects of the threats that fall within
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 deforestation of the species' habitat for logging
and plantations (Factor A), we find that the petition presents
substantial scientific or commercial information indicating that
listing the Bornean earless monitor lizard as an endangered species or
a threatened species may be warranted. The petitioners also presented
information suggesting trade and climate change, including shifting
weather regimes and sea level rise, may be threats to the Bornean
earless monitor lizard. 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 at https://www.regulations.gov under Docket No. FWS-HQ-ES-2023-0034 under the
Supporting Documents section.
Evaluation of a Petition To List the Pinyon Jay
Species and Range
The pinyon jay (Gymnorhinus cyanocephalus); Arizona, California,
Colorado, Idaho, Montana, Nebraska, Nevada, New Mexico, Oklahoma,
Oregon, South Dakota, Utah, and Wyoming, and Baja California, Mexico.
Petition History
On April 25, 2022, we received a petition from Defenders of
Wildlife requesting that pinyon jay be listed as an endangered species
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.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information (within the constraints of the Act and 50
CFR 424.14(h)(1)). We considered the credible information that the
petition provided regarding effects of the threats that fall within
factors under the Act's
[[Page 55995]]
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
adverse habitat treatments in pi[ntilde]on-juniper woodlands (Factor
A), increased wildfire frequency (Factor A), invasive species (Factor
A), inadequacy of existing regulatory mechanisms (Factor D), and
climate change (Factor E), we find that the petition presents
substantial scientific or commercial information indicating that the
petitioned action to list the pinyon jay as an endangered or threatened
species may be warranted. 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 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 at https://www.regulations.gov under Docket No. FWS-R6-ES-2022-0177 under the
Supporting Documents section.
Evaluation of a Petition To List the Least Chub
Species and Range
Least chub (Iotichthys phlegethontis); Utah.
Petition History
On September 30, 2021, we received a petition from the Center for
Biological Diversity requesting that the least chub be listed as an
endangered species or a threatened species and critical habitat be
designated for the species under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(c). This
finding addresses the petition.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information (within the constraints of the Act and 50
CFR 424.14(h)(1)). We considered the credible information that the
petition provided regarding the individual and cumulative effects of
threats that fall within 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, sources cited in the petition, and other readily available
information, we find that the petition does not provide substantial
scientific or commercial information indicating that listing the least
chub as an endangered or a threatened species may be warranted. We are
not initiating a status review of this species in response to this
petition. However, we ask that the public submit to us any new
information that becomes available concerning the status of, or threats
to, this species or its habitat at any time (see FOR FURTHER
INFORMATION CONTACT, above).
The basis for our finding on this petition, and other information
regarding our review of the petition can be found at https://www.regulations.gov under Docket No. FWS-R6-ES-2022-0015 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 bleached sandhill skipper, blue
tree monitor lizard, Bornean earless monitor lizard, and pinyon jay
present substantial scientific or commercial information 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.
In addition, we have determined that the petition summarized above for
the least chub does not present substantial scientific or commercial
information indicating that the petitioned action may be warranted. We
are, therefore, not initiating a status review for the least chub in
response to the petition.
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.).
Wendi Weber,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-17726 Filed 8-16-23; 8:45 am]
BILLING CODE 4333-15-P
