Endangered and Threatened Wildlife and Plants; 90-Day Findings for Two Petitions To Reclassify the West Indian Manatee, 70634-70637 [2023-21674]
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70634
Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Proposed Rules
www.regulations.gov/document/EPAHQ-OPP-2011-0865-1178.
8. USEPA. 2020. Revised Method for
National Level Listed Species Biological
Evaluations of Conventional Pesticides.
March 12, 2020. https://www.epa.gov/
endangered-species/revised-methodnational-level-listed-species-biologicalevaluationsconventional#:∼:text=The%20
Revised%20Method%20for%20
National,to%20develop%
20BEs%20for%20pesticides.
9. USEPA 2022. Response to Public
Comments Received on Draft Biological
Evaluations for Imidacloprid,
Thiamethoxam, and Clothianidin. June
2022. https://www3.epa.gov/pesticides/
nas/final/cloth-imi-thixam-rtc.docx.
10. USEPA. 2018. Benefits and Impacts of
Potential Mitigation for Neonicotinoid
Seed Treatments on Small Grains,
Vegetables, and Sugarbeet Crops. August
30, 2018. https://www.regulations.gov/
document/EPA-HQ-OPP-2008-08441622.
11. USEPA. 2022. Pesticide Establishment
Registration and Reporting. November
30, 2022. https://www.epa.gov/
compliance/establishment-registrationand-reporting.
12. USEPA. 2022. Tebuconazole Proposed
Interim Registration Review Decision
Case Number 7004. June 30, 2022.
https://www.regulations.gov/document/
EPA-HQ-OPP-2015-0378-0095.
13. USEPA. 2021. Triticonazole Interim
Registration Decision Case Number 7036.
March 17, 2021. https://
www.regulations.gov/document/EPAHQ-OPP-2015-0602-0039.
14. USEPA. 2022. ESA Workplan Update:
Nontarget Species Mitigation for
Registration Review and Other FIFRA
Actions. November 2022. https://
www.epa.gov/endangered-species/epasworkplan-and-progress-toward-betterprotections-endangered-species.
15. USEPA. 2022. Diuron Proposed Interim
Registration Review Decision Case
Number 0046. April 2, 2022. https://
www.regulations.gov/document/EPAHQ-OPP-2015-0077-0065.
16. USEPA. 2021. 2021 Policy on Children’s
Health. October 5, 2021. https://
www.epa.gov/system/files/documents/
2021-10/2021-policy-on-childrenshealth.pdf.
ddrumheller on DSK120RN23PROD with PROPOSALS1
VI. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 14094: Modernizing Regulatory
Review
This action is not a significant
regulatory action as defined in
Executive Order 12866 (58 FR 51735,
October 4, 1993), as amended by
Executive Order 14094 (88 FR 21879,
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April 11, 2023), and was therefore not
subject to a requirement for Executive
Order 12866 review.
B. Other Regulatory Assessment
Requirements
Because this action does not impose
or propose any requirements, and
instead seeks comments and suggestions
for the Agency to consider in possibly
developing a subsequent proposed rule,
the various other review requirements
in statutes and Executive Orders that
apply when an agency imposes
requirements do not apply to this
ANPRM. Should EPA subsequently
determine to pursue a rulemaking, EPA
will address the requirements in the
statutes and Executive Orders as
applicable to that rulemaking.
Nevertheless, the Agency welcomes
comments and/or information that
would help the Agency to assess any of
the following:
• Potential economic impacts of a
rulemaking on small entities pursuant to
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.);
• Potential impacts on Federal, state,
or local governments pursuant to the
Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1531–1538);
• Potential federalism implications
pursuant to Executive Order 13132,
entitled Federalism (64 FR 43255,
November 2, 1999);
• Potential Tribal implications
pursuant to Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000);
• As discussed in Unit III.C.,
potential human health or
environmental effects on minority or
low-income populations pursuant to
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994);
• As discussed in Unit III.D.,
potential disproportionate
environmental health or safety effects
on children pursuant to Executive Order
13045, entitled Protection of Children
from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23,
1997);
• Potential availability of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA) (15 U.S.C. 272).
• Potential energy effects pursuant to
Executive Order 13211, entitled Actions
Concerning Regulations that
Significantly Affect Energy Supply,
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Distribution, or Use (66 FR 28355, May
22, 2001); and
• Potential impacts in terms of costs
and burdens associated with regulation
options that the Agency may consider in
developing a proposed rulemaking or
other requirements, including potential
activities and burdens associated with
potential paperwork burdens pursuant
to the Paperwork Reduction Act (PRA)
(44 U.S.C. 3501 et seq.).
The Agency will consider such
comments and information in
developing options as it considers
appropriate steps to address any
applicable requirements.
List of Subjects in 40 CFR Part 152
Administrative practice and
procedure; Agricultural commodities;
Environmental protection; Exemptions
from pesticide regulation; Pesticides
and pests; Reporting and recordkeeping
requirements.
Michael S. Regan,
Administrator.
[FR Doc. 2023–22558 Filed 10–11–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2023–0106;
FF09E21000 FXES11130900000234]
Endangered and Threatened Wildlife
and Plants; 90-Day Findings for Two
Petitions To Reclassify the West Indian
Manatee
Fish and Wildlife Service,
Interior.
ACTION: Notification of petition findings
and initiation of status review.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce
two 90-day findings on petitions to
reclassify the West Indian manatee
(Trichechus manatus), or populations
thereof, under the Endangered Species
Act of 1973, as amended (Act). Two
valid subspecies of the West Indian
manatee, the Florida manatee
(Trichechus manatus latirostris) and
Antillean manatee (Trichechus manatus
manatus), are currently protected under
the Act as part of the threatened West
Indian manatee species-level listing.
One petition requests the Puerto Rico
population of the Antillean manatee be
listed as an endangered distinct
population segment (DPS) and critical
habitat be designated for this entity
under the Act. The second petition
SUMMARY:
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Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Proposed Rules
requests to reclassify the West Indian
manatee, including its subspecies the
Antillean manatee and Florida manatee,
as endangered species under the Act.
Based on our review, we find that the
petitions present substantial scientific
or commercial information indicating
that the petitioned actions may be
warranted. Therefore, with the
publication of this document, we
announce that we plan to initiate a
status review to determine whether the
petitioned actions are warranted. To
ensure that the status review is
comprehensive, we are requesting new
scientific and commercial data and
other information regarding the West
Indian manatee throughout its range,
including information specific to the
Puerto Rico population of Antillean
manatee, and factors that may affect
their status. Based on the status review,
we will issue a 12-month petition
finding, which will address whether or
not the petitioned actions are warranted,
in accordance with the Act.
DATES: The findings announced in this
document were made on October 12,
2023.
ddrumheller on DSK120RN23PROD with PROPOSALS1
ADDRESSES:
Supporting documents: A summary of
the basis for the petition findings
contained in this document is available
on https://www.regulations.gov in
Docket No. FWS–R4–ES–2023–0106. In
addition, this supporting information is
available by contacting the person
specified in FOR FURTHER INFORMATION
CONTACT.
Status reviews: If you have new
scientific or commercial data or other
information concerning the status of, or
threats to, the West Indian manatee, the
Puerto Rico population of Antillean
manatee, or their habitats, particularly
new information available since our
April 5, 2017, reclassification (April 5,
2017; 82 FR 16668), please provide
those data or information by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R4–ES–2023–0106, which is
the docket number for this action. 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
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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:
FWS–R4–ES–2023–0106, 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.
Any information we receive during the
course of our status review will be
considered, and 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.
FOR FURTHER INFORMATION CONTACT:
Nicole Rankin, Division of Conservation
and Classification Manager, telephone:
404–679–7089, email: Nicole_Rankin@
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
You may submit your comments and
materials concerning the status of, or
threats to, the West Indian manatee, its
subspecies or populations, including the
Puerto Rico population of Antillean
manatee, 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.
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70635
Background
Section 4 of the Act (16 U.S.C. 1533
et seq.) 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) in 50 CFR
part 17. Section 4(b)(3)(A) of the Act
requires that we make a finding on
whether a petition to add a species to
the Lists (i.e., ‘‘list’’ a species), remove
a species from the Lists (i.e., ‘‘delist’’ a
species), or change a listed species’
status from endangered to threatened or
from threatened to endangered (i.e.,
‘‘reclassify’’ a species) presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted. To
the maximum extent practicable, we are
to make this finding within 90 days of
our receipt of the petition and publish
the finding promptly in the Federal
Register.
Our regulations establish that
substantial scientific or commercial
information with regard to a 90-day
petition finding refers to credible
scientific or commercial information in
support of the petition’s claims such
that a reasonable person conducting an
impartial scientific review would
conclude that the action proposed in the
petition may be warranted (50 CFR
424.14(h)(1)(i)).
A species may be determined to be an
endangered species or a threatened
species because of one or more of the
five factors described in section 4(a)(1)
of the Act (16 U.S.C. 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.
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Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Proposed Rules
We use the term ‘‘threat’’ to refer in
general to actions or conditions that are
known to, or are reasonably likely to,
affect individuals of a species
negatively. The term ‘‘threat’’ includes
actions or conditions that have a direct
impact on individuals (direct impacts),
as well as those that affect individuals
through alteration of their habitat or
required resources (stressors). The term
‘‘threat’’ may encompass—either
together or separately—the source of the
action or condition, or the action or
condition itself. However, the mere
identification of any threat(s) may not
be sufficient to compel a finding that the
information in the petition is substantial
information indicating that the
petitioned action may be warranted. The
information presented in a 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, including a potential
DPS of the Puerto Rico population of
Antillean manatee) are reviewed under
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the Administrative Procedure Act (5
U.S.C. 1531 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.
Species and Range
The West Indian manatee (Trichechus
manatus) is currently listed on the List
of Endangered and Threatened Wildlife
at 50 CFR 17.11(h) as a threatened
species under the Act (April 5, 2017; 82
FR 16668). The West Indian manatee
includes two valid subspecies, the
Florida manatee (Trichechus manatus
latirostris) and Antillean manatee
(Trichechus manatus manatus). The
range of the Florida manatee includes
the U.S. Atlantic and Gulf of Mexico
coasts, as well as northern portions of
the Caribbean, from the Bahamas to
Turks and Caicos. The Antillean
manatee is found in the southern
portions of the Caribbean, including
Cuba, Hispaniola, Puerto Rico, Virgin
Islands, Cayman Islands, and Jamaica;
in Central America from Mexico’s
southeast Caribbean coast to the
Caribbean coast of Panama; Trinidad
and Tobago; and south to Brazil’s
Atlantic coastline.
History of the Petitions Received
On October 21, 2021, we received a
petition from Julio C. Colo´n requesting
that the Puerto Rico population of the
Antillean manatee be listed as an
endangered distinct population segment
(DPS) and that critical habitat be
designated for this entity under the Act.
On November 21, 2022, we received a
petition from the Center for Biological
Diversity, Brooks McCormick Jr. Animal
Law & Policy Program at Harvard Law
School, Miami Waterkeeper, Save the
Manatee Club, and Frank S. Gonza´lez
Garcı´a requesting that the West Indian
manatee, including its subspecies
Florida manatee and Antillean manatee,
be reclassified as endangered. Both
petitions clearly identified themselves
as such and included the requisite
identification information for the
petitioner, required at 50 CFR 424.14(c).
This finding addresses both of those
petitions.
Summary of Petition Findings
Evaluation of a Petition To Designate
and Reclassify (Uplist) the Puerto Rico
Population of Antillean Manatee
Because the West Indian manatee
includes two recognized subspecies, the
Florida manatee (Trichechus manatus
latirostris) and the Antillean manatee
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(Trichechus manatus manatus), the
Puerto Rico population of the Antillean
manatee is currently protected under
the Act as part of the threatened West
Indian manatee species-level listing.
Julio C. Colo´n’s petition requests that
we determine the Puerto Rico
population of the Antillean manatee is
a DPS, uplist it as an endangered
species, and designate critical habitat
for the DPS under the Act. We find that
the petition presents substantial
information that the Puerto Rico
population of Antillean manatee may
qualify as a DPS. Additionally, we find
that the petition presents substantial
information that boat collisions (Factor
E) and low genetic diversity and
isolation (Factor E) may be threats to the
Puerto Rico manatee population such
that the population may meet the
definition of an endangered species
under the Act. Therefore, we find that
the petition presents substantial
information that the petitioned action,
identifying and then reclassifying as
endangered a Puerto Rico DPS, may be
warranted, and we will commence a
status review to determine if the action
is warranted. During our 12-month
status review, if we determine the
Puerto Rico manatee population is a
DPS, we will fully evaluate all relevant
threats and conservation actions in
detail pursuant to the Act’s requirement
to review the best scientific and
commercial information available to
support a finding that the Puerto Rico
DPS is in danger of extinction
throughout all or a significant portion of
its range.
Evaluation of a Petition To Reclassify
(Uplist) the West Indian Manatee and
Subspecies Florida Manatee and
Antillean Manatee
The petition from the Center for
Biological Diversity, Brooks McCormick
Jr. Animal Law & Policy Program at
Harvard Law School, Miami
Waterkeeper, Save the Manatee Club,
and Frank S. Gonza´lez Garcı´a requests
that we reclassify the West Indian
manatee, including its subspecies
Florida manatee and Antillean manatee,
as an endangered species under the Act.
We find the petition presents substantial
information that seagrass loss (Factor A)
may be a threat to the species such that
it may meet the definition of an
endangered species under the Act.
Therefore, we find that the petition
presents substantial information that the
petitioned action, reclassifying the West
Indian manatee as endangered, may be
warranted and we will commence a
status review to determine if the action
is warranted.
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The petition also presented
information suggesting other activities
may be threats to the West Indian
manatee, including loss of warm-water
refugia, loss of freshwater access, coastal
development, and boating and
recreational disturbance (Factor A);
harassment (Factor B); bacterial
infections (Factor C); and boat strikes,
marine debris, contaminants, invasive
species, and climate change (Factor E).
Our status review will evaluate all
relevant threats and conservation
actions in detail based on the best
scientific and commercial data
available, including whether these
threats towards the listed or listable
entities may be ameliorated or
exacerbated by any existing regulatory
mechanisms or conservation efforts to
support a finding that the West Indian
manatee, Florida manatee, or Antillean
manatee is in danger of extinction
throughout all or a significant portion of
its range.
Evaluation of Information Summary
and Finding
ddrumheller on DSK120RN23PROD with PROPOSALS1
We reviewed the petitions, sources
cited in the petitions, and other readily
available information. We considered
the factors under section 4(a)(1) of the
Act and assessed the effect that the
threats identified within the factors may
have on the Puerto Rico population of
Antillean manatee and the West Indian
manatee now and in the foreseeable
future. We also considered existing
regulatory mechanisms or conservation
efforts that may ameliorate, reduce, or
exacerbate the threats. Based on our
review of the petitions and readily
available information regarding boat
collisions, genetic diversity loss, and
seagrass loss, we find that these two
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petitions present credible and
substantial information that the
petitioned actions may be warranted.
We will fully evaluate these and all
other potential threats for the listed and
listable entities, as well as the validity
of the Puerto Rico DPS, in detail based
on the best scientific and commercial
data available when we conduct a status
assessment and make the 12-month
findings.
In accordance with the requirements
of the statute, our 12-month findings on
these two petitions to identify and
reclassify a DPS in Puerto Rico, as well
as reclassify (uplist) the West Indian
manatee and its subspecies, the Florida
manatee and Antillean manatee, will be
based upon the best scientific and
commercial data available and will not
be limited to the information presented
in the petitions. Similarly, if we make
one or more ‘‘warranted’’ 12-month
findings, we may identify a DPS in that
finding based on the best scientific and
commercial data available; we will not
be limited to the possible DPS described
in the petition. If we do identify and
propose to uplist a DPS, we will
consider that proposal in the context of
the ongoing recovery for the rest of the
population in the larger currently listed
entity.
The basis for our finding on these
petitions, and other information
regarding our review of the petitions,
including the 2017 reclassification and
2007 5-year status review, can be found
at https://www.regulations.gov under
Docket No. FWS–R4–ES–2023–0106
under the Supporting & Related Material
section.
Conclusion
On the basis of our evaluation of the
information presented in the petitions
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70637
under sections 4(b)(3)(A) and
4(b)(3)(D)(i) of the Act, we have
determined that the two petitions
summarized above for the Puerto Rico
population of Antillean manatee, as
well as the West Indian manatee,
present substantial scientific or
commercial information indicating that
the petitioned actions may be
warranted. We are, therefore, initiating
a status review of the West Indian
manatee rangewide. This status review
will include a determination on whether
a Puerto Rico DPS for the Antillean
manatee has the same or a different
status than the Antillean manatee
rangewide. This status review will
determine whether the petitioned
actions are warranted under the Act. At
the conclusion of the status review, we
will issue a finding, 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 other species are an
endangered or threatened species.
Authors
The primary authors of this document
are staff members of the Division of
Conservation and Classification,
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.).
Janine Velasco,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2023–21674 Filed 10–11–23; 8:45 am]
BILLING CODE 4333–15–P
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]]>Agencies
[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Proposed Rules]
[Pages 70634-70637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21674]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2023-0106; FF09E21000 FXES11130900000234]
Endangered and Threatened Wildlife and Plants; 90-Day Findings
for Two Petitions To Reclassify the West Indian Manatee
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of petition findings and initiation of status
review.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce two
90-day findings on petitions to reclassify the West Indian manatee
(Trichechus manatus), or populations thereof, under the Endangered
Species Act of 1973, as amended (Act). Two valid subspecies of the West
Indian manatee, the Florida manatee (Trichechus manatus latirostris)
and Antillean manatee (Trichechus manatus manatus), are currently
protected under the Act as part of the threatened West Indian manatee
species-level listing. One petition requests the Puerto Rico population
of the Antillean manatee be listed as an endangered distinct population
segment (DPS) and critical habitat be designated for this entity under
the Act. The second petition
[[Page 70635]]
requests to reclassify the West Indian manatee, including its
subspecies the Antillean manatee and Florida manatee, as endangered
species under the Act. Based on our review, we find that the petitions
present substantial scientific or commercial information indicating
that the petitioned actions may be warranted. Therefore, with the
publication of this document, we announce that we plan to initiate a
status review to determine whether the petitioned actions are
warranted. To ensure that the status review is comprehensive, we are
requesting new scientific and commercial data and other information
regarding the West Indian manatee throughout its range, including
information specific to the Puerto Rico population of Antillean
manatee, and factors that may affect their status. Based on the status
review, we will issue a 12-month petition finding, which will address
whether or not the petitioned actions are warranted, in accordance with
the Act.
DATES: The findings announced in this document were made on October 12,
2023.
ADDRESSES:
Supporting documents: A summary of the basis for the petition
findings contained in this document is available on https://www.regulations.gov in Docket No. FWS-R4-ES-2023-0106. In addition,
this supporting information is available by contacting the person
specified in FOR FURTHER INFORMATION CONTACT.
Status reviews: If you have new scientific or commercial data or
other information concerning the status of, or threats to, the West
Indian manatee, the Puerto Rico population of Antillean manatee, or
their habitats, particularly new information available since our April
5, 2017, reclassification (April 5, 2017; 82 FR 16668), please provide
those data or information by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R4-ES-2023-0106,
which is the docket number for this action. 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: FWS-R4-ES-2023-0106, 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. Any information we receive during the course of our status
review will be considered, and 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.
FOR FURTHER INFORMATION CONTACT: Nicole Rankin, Division of
Conservation and Classification Manager, telephone: 404-679-7089,
email: [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 West Indian manatee, its subspecies or
populations, including the Puerto Rico population of Antillean manatee,
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 et seq.) 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) in 50 CFR part 17. Section
4(b)(3)(A) of the Act requires that we make a finding on whether a
petition to add a species to the Lists (i.e., ``list'' a species),
remove a species from the Lists (i.e., ``delist'' a species), or change
a listed species' status from endangered to threatened or from
threatened to endangered (i.e., ``reclassify'' a species) presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. To the maximum extent practicable,
we are to make this finding within 90 days of our receipt of the
petition and publish the finding promptly in the Federal Register.
Our regulations establish that substantial scientific or commercial
information with regard to a 90-day petition finding refers to credible
scientific or commercial information in support of the petition's
claims such that a reasonable person conducting an impartial scientific
review would conclude that the action proposed in the petition may be
warranted (50 CFR 424.14(h)(1)(i)).
A species may be determined to be an endangered species or a
threatened species because of one or more of the five factors described
in section 4(a)(1) of the Act (16 U.S.C. 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.
[[Page 70636]]
We use the term ``threat'' to refer in general to actions or
conditions that are known to, or are reasonably likely to, affect
individuals of a species negatively. The term ``threat'' includes
actions or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition, or the action or condition itself. However, the mere
identification of any threat(s) may not be sufficient to compel a
finding that the information in the petition is substantial information
indicating that the petitioned action may be warranted. The information
presented in a 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, including a potential DPS of
the Puerto Rico population of Antillean manatee) are reviewed under the
Administrative Procedure Act (5 U.S.C. 1531 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.
Species and Range
The West Indian manatee (Trichechus manatus) is currently listed on
the List of Endangered and Threatened Wildlife at 50 CFR 17.11(h) as a
threatened species under the Act (April 5, 2017; 82 FR 16668). The West
Indian manatee includes two valid subspecies, the Florida manatee
(Trichechus manatus latirostris) and Antillean manatee (Trichechus
manatus manatus). The range of the Florida manatee includes the U.S.
Atlantic and Gulf of Mexico coasts, as well as northern portions of the
Caribbean, from the Bahamas to Turks and Caicos. The Antillean manatee
is found in the southern portions of the Caribbean, including Cuba,
Hispaniola, Puerto Rico, Virgin Islands, Cayman Islands, and Jamaica;
in Central America from Mexico's southeast Caribbean coast to the
Caribbean coast of Panama; Trinidad and Tobago; and south to Brazil's
Atlantic coastline.
History of the Petitions Received
On October 21, 2021, we received a petition from Julio C.
Col[oacute]n requesting that the Puerto Rico population of the
Antillean manatee be listed as an endangered distinct population
segment (DPS) and that critical habitat be designated for this entity
under the Act. On November 21, 2022, we received a petition from the
Center for Biological Diversity, Brooks McCormick Jr. Animal Law &
Policy Program at Harvard Law School, Miami Waterkeeper, Save the
Manatee Club, and Frank S. Gonz[aacute]lez Garc[iacute]a requesting
that the West Indian manatee, including its subspecies Florida manatee
and Antillean manatee, be reclassified as endangered. Both petitions
clearly identified themselves as such and included the requisite
identification information for the petitioner, required at 50 CFR
424.14(c). This finding addresses both of those petitions.
Summary of Petition Findings
Evaluation of a Petition To Designate and Reclassify (Uplist) the
Puerto Rico Population of Antillean Manatee
Because the West Indian manatee includes two recognized subspecies,
the Florida manatee (Trichechus manatus latirostris) and the Antillean
manatee (Trichechus manatus manatus), the Puerto Rico population of the
Antillean manatee is currently protected under the Act as part of the
threatened West Indian manatee species-level listing. Julio C.
Col[oacute]n's petition requests that we determine the Puerto Rico
population of the Antillean manatee is a DPS, uplist it as an
endangered species, and designate critical habitat for the DPS under
the Act. We find that the petition presents substantial information
that the Puerto Rico population of Antillean manatee may qualify as a
DPS. Additionally, we find that the petition presents substantial
information that boat collisions (Factor E) and low genetic diversity
and isolation (Factor E) may be threats to the Puerto Rico manatee
population such that the population may meet the definition of an
endangered species under the Act. Therefore, we find that the petition
presents substantial information that the petitioned action,
identifying and then reclassifying as endangered a Puerto Rico DPS, may
be warranted, and we will commence a status review to determine if the
action is warranted. During our 12-month status review, if we determine
the Puerto Rico manatee population is a DPS, we will fully evaluate all
relevant threats and conservation actions in detail pursuant to the
Act's requirement to review the best scientific and commercial
information available to support a finding that the Puerto Rico DPS is
in danger of extinction throughout all or a significant portion of its
range.
Evaluation of a Petition To Reclassify (Uplist) the West Indian Manatee
and Subspecies Florida Manatee and Antillean Manatee
The petition from the Center for Biological Diversity, Brooks
McCormick Jr. Animal Law & Policy Program at Harvard Law School, Miami
Waterkeeper, Save the Manatee Club, and Frank S. Gonz[aacute]lez
Garc[iacute]a requests that we reclassify the West Indian manatee,
including its subspecies Florida manatee and Antillean manatee, as an
endangered species under the Act. We find the petition presents
substantial information that seagrass loss (Factor A) may be a threat
to the species such that it may meet the definition of an endangered
species under the Act. Therefore, we find that the petition presents
substantial information that the petitioned action, reclassifying the
West Indian manatee as endangered, may be warranted and we will
commence a status review to determine if the action is warranted.
[[Page 70637]]
The petition also presented information suggesting other activities
may be threats to the West Indian manatee, including loss of warm-water
refugia, loss of freshwater access, coastal development, and boating
and recreational disturbance (Factor A); harassment (Factor B);
bacterial infections (Factor C); and boat strikes, marine debris,
contaminants, invasive species, and climate change (Factor E). Our
status review will evaluate all relevant threats and conservation
actions in detail based on the best scientific and commercial data
available, including whether these threats towards the listed or
listable entities may be ameliorated or exacerbated by any existing
regulatory mechanisms or conservation efforts to support a finding that
the West Indian manatee, Florida manatee, or Antillean manatee is in
danger of extinction throughout all or a significant portion of its
range.
Evaluation of Information Summary and Finding
We reviewed the petitions, sources cited in the petitions, and
other readily available information. We considered the factors under
section 4(a)(1) of the Act and assessed the effect that the threats
identified within the factors may have on the Puerto Rico population of
Antillean manatee and the West Indian manatee now and in the
foreseeable future. We also considered existing regulatory mechanisms
or conservation efforts that may ameliorate, reduce, or exacerbate the
threats. Based on our review of the petitions and readily available
information regarding boat collisions, genetic diversity loss, and
seagrass loss, we find that these two petitions present credible and
substantial information that the petitioned actions may be warranted.
We will fully evaluate these and all other potential threats for the
listed and listable entities, as well as the validity of the Puerto
Rico DPS, in detail based on the best scientific and commercial data
available when we conduct a status assessment and make the 12-month
findings.
In accordance with the requirements of the statute, our 12-month
findings on these two petitions to identify and reclassify a DPS in
Puerto Rico, as well as reclassify (uplist) the West Indian manatee and
its subspecies, the Florida manatee and Antillean manatee, will be
based upon the best scientific and commercial data available and will
not be limited to the information presented in the petitions.
Similarly, if we make one or more ``warranted'' 12-month findings, we
may identify a DPS in that finding based on the best scientific and
commercial data available; we will not be limited to the possible DPS
described in the petition. If we do identify and propose to uplist a
DPS, we will consider that proposal in the context of the ongoing
recovery for the rest of the population in the larger currently listed
entity.
The basis for our finding on these petitions, and other information
regarding our review of the petitions, including the 2017
reclassification and 2007 5-year status review, can be found at https://www.regulations.gov under Docket No. FWS-R4-ES-2023-0106 under the
Supporting & Related Material section.
Conclusion
On the basis of our evaluation of the information presented in the
petitions under sections 4(b)(3)(A) and 4(b)(3)(D)(i) of the Act, we
have determined that the two petitions summarized above for the Puerto
Rico population of Antillean manatee, as well as the West Indian
manatee, present substantial scientific or commercial information
indicating that the petitioned actions may be warranted. We are,
therefore, initiating a status review of the West Indian manatee
rangewide. This status review will include a determination on whether a
Puerto Rico DPS for the Antillean manatee has the same or a different
status than the Antillean manatee rangewide. This status review will
determine whether the petitioned actions are warranted under the Act.
At the conclusion of the status review, we will issue a finding, 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 other species are
an endangered or threatened species.
Authors
The primary authors of this document are staff members of the
Division of Conservation and Classification, 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.).
Janine Velasco,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-21674 Filed 10-11-23; 8:45 am]
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