Endangered and Threatened Wildlife and Plants; 90-Day Findings for 10 Species, 4884-4890 [2024-01454]
Download as PDF
<![CDATA[
4884
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules
(iii) 0.2 basis points for each year of
the loan term from year 71 to year 100.
(c) For purposes of this section, ‘‘loan
term’’ means the period beginning on
the date of the execution of the loan
agreement and ending on the final
maturity date.
List of Subjects
49 CFR Part 80
Credit, Highways and roads, Loan
programs—transportation, Mass
transportation, Railroads.
49 CFR Part 260
Loan programs—transportation,
Railroads.
The Proposed Rule
In consideration of the foregoing, the
Bureau proposes to amend Subtitle B of
title 49 of the Code of Regulations, to
read as follows:
PART 80—CREDIT ASSISTANCE FOR
SURFACE TRANSPORTATION
PROJECTS
PART 260—REGULATIONS
GOVERNING LOANS AND LOAN
GUARANTEES UNDER THE RAILROAD
REHABILITATION AND IMPROVEMENT
FINANCING PROGRAM
4. The authority citation for part 260
is amended to read as follows:
■
Authority: 49 U.S.C. 22401, 22402, 22403,
22404, 22405, 22406; 49 CFR 1.49.
■
1. The authority citation for part 80 is
amended to read as follows:
Authority: Secs. 1501 et seq., Pub. L. 105–
178, 112 Stat. 107, 241, as amended; 23
U.S.C. 601–611 and 315; 49 CFR 1.48 and
1.49.
§ 80.13
[Amended]
2. In § 80.13:
a. Remove ‘‘five’’ in the introductory
text of paragraph (a) and replace with
‘‘three’’.
■ b. Remove paragraphs (a)(1) and (a)(5)
and renumber paragraphs (a)(2) through
(a)(4) as (a)(1) through (a)(3).
■ 3. Add a new § 80.23 to read as
follows:
■
■
khammond on DSKJM1Z7X2PROD with PROPOSALS
§ 80.23
Loan terms.
(a) The interest rate on a secured loan
will be not less than the rate on United
States Treasury securities of a similar
maturity to the maturity of the secured
loan on the date of the execution of the
loan agreement, except as provided in
paragraph (b) of this section and chapter
6 of title 23 of the United States Code.
(b) If, on the date of the execution of
the loan agreement, the United States
Treasury does not post the rate of
securities of a similar maturity to the
maturity of the secured loan, the interest
rate on any secured loan with both a
final maturity date that is more than 35
years after the date of substantial
completion of the project, and a loan
term that is more than 40 years, will be
equal to not less than the rate on thirtyto-forty year Treasury securities plus an
annual interest rate adjustment. The
annual interest rate adjustment will be,
cumulatively:
(i) 1.4 basis points for each year of the
loan term after year 40 to, but not
including, year 51;
(ii) 0.4 basis points for each year of
the loan term from year 51 to, but not
including, year 71; and
VerDate Sep<11>2014
16:18 Jan 24, 2024
Jkt 262001
(Authority: Pub. L. 117–58, sec. 12001 and
sec. 21301 (2021); 23 U.S.C. 601–611 and
315; 49 U.S.C. 22401–22406; and 49 CFR
121.)
Peter Paul Montgomery Buttigieg,
Secretary, Department of Transportation.
[FR Doc. 2024–01243 Filed 1–24–24; 8:45 am]
BILLING CODE 4910–9X–P
5. Revise § 260.9 to read as follows:
§ 260.9
■
result in a Credit Risk Premium of zero
dollars.
(2) Paragraph (d)(1) of this section
shall apply to a direct loan or loan
guarantee only so long as the Act
requires the Secretary to return Credit
Risk Premiums paid on that loan or loan
guarantee to the original source.
DEPARTMENT OF THE INTERIOR
Loan terms.
(a) The interest rate on a direct loan
will be not less than the rate on United
States Treasury securities of a similar
maturity of the direct loan on the date
of the execution of the loan agreement,
except as described in paragraph (b) of
this section and in § 260.17(d).
(b) If, on the date of the execution of
the loan agreement, the United States
Treasury does not post the rate of
securities of a similar maturity of the
direct loan, the interest rate on any
direct loan with both a final maturity
date that is more than 35 years after the
date of substantial completion of the
project, and a loan term that is more
than 40 years, will be equal to not less
than the rate on thirty-to-forty year
Treasury securities plus an annual
interest rate adjustment. The annual
interest rate adjustment will be,
cumulatively:
(i) 1.4 basis points for each year of the
loan term after year 40 to, but not
including, year 51;
(ii) 0.4 basis points for each year of
the loan term from year 51 to, but not
including, year 71; and
(iii) 0.2 basis points for each year of
the loan term from year 71 to year 100.
(c) For purposes of this section, ‘‘loan
term’’ means the period beginning on
the date of the execution of the loan
agreement and ending on the final
maturity date.
§ 260.17
[Amended]
6. Amend § 260.17 by adding
paragraph (d) to read as follows:
*
*
*
*
*
(d) Positive Credit Risk Premium.
(1) Where the Credit Risk Premium
determined pursuant to paragraph (a) of
this section is a positive amount, the
interest rate on the direct loan will be
equal to not less than the rate set
pursuant to section 260.9 plus an
interest rate adjustment sufficient to
■
PO 00000
Frm 00050
Fmt 4702
Sfmt 4702
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES1111090FEDR 245]
Endangered and Threatened Wildlife
and Plants; 90-Day Findings for 10
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 10 petitions to add
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 Betta
hendra, Betta rutilans, Hickory Nut
Gorge green salamander (Aneides
caryaensis), pygmy rabbit (Brachylagus
idahoensis), Railroad Valley toad
(Anaxyrus nevadensis), Southern Plains
bumble bee (Bombus fraternus),
Southwest spring firefly (Bicellonycha
wickershamorum), white-margined
penstemon (Penstemon
albomarginatus), and yellow-spotted
woodland salamander (Plethodon
pauleyi) present substantial scientific or
commercial information indicating that
the petitioned actions may be
warranted. Therefore, with the
publication of this document, we
announce that we are initiating status
reviews of these species to determine
whether the petitioned actions are
warranted. To ensure that the status
reviews are comprehensive, we request
scientific and commercial data and
other information regarding the species
and factors that may affect their status.
Based on the status reviews, we will
issue 12-month petition findings, which
SUMMARY:
E:\FR\FM\25JAP1.SGM
25JAP1
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules
will address whether or not the
petitioned actions are warranted in
accordance with the Act. We further
find that the petition to list the eastern
hellbender (Cryptobranchus
alleganiensis alleganiensis) does not
present substantial information
indicating the petitioned action may be
warranted. Therefore, we are not
initiating a status review of the eastern
hellbender.
DATES: These findings were made on
January 25, 2024. As we commence our
status reviews, we seek any new
information concerning the status of, or
threats to, Betta hendra, Betta rutilans,
Hickory Nut Gorge green salamander,
pygmy rabbit, Railroad Valley toad,
Southern Plains bumble bee, Southwest
spring firefly, white-margined
penstemon, and yellow-spotted
woodland salamander, or their habitats.
Any information we receive during the
course of our status reviews will be
considered.
ADDRESSES:
Supporting documents: Summaries of
the bases 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 new
scientific or commercial data or other
information concerning the status of, or
threats to, Betta hendra, Betta rutilans,
Hickory Nut Gorge green salamander,
pygmy rabbit, Railroad Valley toad,
Southern Plains bumble bee, Southwest
spring firefly, white-margined
penstemon, and yellow-spotted
woodland salamander, or their habitats,
please provide those data or information
by one of the following methods listed
below. For Betta hendra and Betta
rutilans, we specifically request
information on information on any trade
in the species, including evidence of
trade levels, trends, and patterns, and
any changes over time.
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter the appropriate docket number
(see table 1 under SUPPLEMENTARY
INFORMATION). Then, click on the
Species common name
Betta rutilans ...................................
eastern hellbender ..........................
Hickory Nut Gorge green salamander.
pygmy rabbit ...................................
Railroad Valley toad ........................
Southern Plains bumble bee ..........
Southwest spring firefly ...................
white-margined penstemon .............
khammond on DSKJM1Z7X2PROD with PROPOSALS
Rachel London, Manager, Branch of Delisting and Foreign Species, Ecological Services Headquarters,
703–358–2491, rachel_london@fws.gov.
Rachel London, Manager, Branch of Delisting and Foreign Species, Ecological Services Headquarters,
703–358–2491, rachel_london@fws.gov.
Scott Hicks, Acting Field Office Supervisor, Ohio Ecological Services Field Office, 517–352–6274, scott_
hicks@fws.gov.
Sue Cameron, Biologist, Asheville North Carolina Field Office, 828–450–7469, susan_cameron@fws.gov.
Anne Mankowski, Biologist, Reno Fish and Wildlife Office, 775–861–6301, anne_mankowski@fws.gov.
Justin Barrett, Acting Field Supervisor, Reno Fish and Wildlife Office, 775–861–6338, justin_barrett@
fws.gov.
Kraig McPeek, Field Supervisor, Illinois/Iowa Ecological Services Field Office, 309–757–5800 x202, kraig_
mcpeek@fws.gov.
Heather Whitlaw, Field Office Supervisor, Arizona Field Office, 806–773–5932, heather_whitlaw@fws.gov.
Glen Knowles, Field Supervisor, Southern Nevada Fish and Wildlife Office, 702–515–5244, glen_
knowles@fws.gov.
Jennifer Norris, Field Office Supervisor, West Virginia Field Office, 304–704–0655, jennifer_l_norris@
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
VerDate Sep<11>2014
16:18 Jan 24, 2024
‘‘Search’’ button. After finding the
correct document, you may submit
information by clicking on ‘‘Comment.’’
If your information will fit in the
provided comment box, please use this
feature of https://www.regulations.gov,
as it is most compatible with our
information review procedures. If you
attach your information as a separate
document, our preferred file format is
Microsoft Word. If you attach multiple
comments (such as form letters), our
preferred format is a spreadsheet in
Microsoft Excel.
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
[Insert appropriate docket number; see
table 1 under SUPPLEMENTARY
INFORMATION], U.S. Fish and Wildlife
Service, MS: PRB/3W, 5275 Leesburg
Pike, Falls Church, VA 22041–3803.
We request that you send information
only by the methods described above.
We will post all information we receive
on https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see Information Submitted for a Status
Review, below).
FOR FURTHER INFORMATION CONTACT:
Contact person
Betta hendra ...................................
yellow-spotted woodland salamander.
4885
Jkt 262001
threats to, Betta hendra, Betta rutilans,
Hickory Nut Gorge green salamander,
pygmy rabbit, Railroad Valley toad,
Southern Plains bumble bee, Southwest
spring firefly, white-margined
penstemon, and yellow-spotted
woodland salamander, or their habitats,
by one of the methods listed 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.
PO 00000
Frm 00051
Fmt 4702
Sfmt 4702
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
E:\FR\FM\25JAP1.SGM
25JAP1
4886
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules
available for public inspection on
https://www.regulations.gov.
Background
Section 4 of the Act (16 U.S.C. 1533)
and its implementing regulations in title
50 of the Code of Federal Regulations
(50 CFR part 424) set forth the
procedures for adding species to,
removing species from, or reclassifying
species on the Federal Lists of
Endangered and Threatened Wildlife
and Plants (Lists or List) in 50 CFR part
17. Section 4(b)(3)(A) of the Act requires
that we make a finding on whether a
petition to add a species to the List (i.e.,
‘‘list’’ a species), remove a species from
the List (i.e., ‘‘delist’’ a species), or
change a listed species’ status from
endangered to threatened or from
threatened to endangered (i.e.,
‘‘reclassify’’ a species) presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted. To
the maximum extent practicable, we are
to make this finding within 90 days of
our receipt of the petition and publish
the finding promptly in the Federal
Register.
Our regulations establish that
substantial scientific or commercial
information with regard to a 90-day
petition finding refers to credible
scientific or commercial information in
support of the petition’s claims such
that a reasonable person conducting an
impartial scientific review would
conclude that the action proposed in the
petition may be warranted (50 CFR
424.14(h)(1)(i)). A positive 90-day
petition finding does not indicate that
the petitioned action is warranted; the
finding indicates only that the
petitioned action may be warranted and
that a full review should occur.
A species may be determined to be an
endangered species or a threatened
species because of one or more of the
five factors described in section 4(a)(1)
of the Act (16 U.S.C. 1533(a)(1)). The
five factors are:
(a) The present or threatened destruction,
modification, or curtailment of its habitat or
range (Factor A);
(b) Overutilization for commercial,
recreational, scientific, or educational
purposes (Factor B);
(c) Disease or predation (Factor C);
(d) The inadequacy of existing regulatory
mechanisms (Factor D); and
(e) Other natural or manmade factors
affecting its continued existence (Factor E).
These factors represent broad
categories of natural or human-caused
actions or conditions that could have an
effect on a species’ continued existence.
In evaluating these actions and
conditions, we look for those that may
have a negative effect on individuals of
the species, as well as other actions or
conditions that may ameliorate any
negative effects or may have positive
effects.
We use the term ‘‘threat’’ to refer in
general to actions or conditions that are
known to, or are reasonably likely to,
affect individuals of a species
negatively. The term ‘‘threat’’ includes
actions or conditions that have a direct
impact on individuals (direct impacts),
as well as those that affect individuals
through alteration of their habitat or
required resources (stressors). The term
‘‘threat’’ may encompass—either
together or separately—the source of the
action or condition, or the action or
condition itself. However, the mere
identification of any threat(s) may not
be sufficient to compel a finding that the
information in the petition is substantial
information indicating that the
petitioned action may be warranted. The
information presented in the petition
must include evidence sufficient to
suggest that these threats may be
affecting the species to the point that the
species may meet the definition of an
endangered species or threatened
species under the Act.
If we find that a petition presents
such information, our subsequent status
review will evaluate all identified
threats by considering the individual-,
population-, and species-level effects
and the expected response by the
species. We will evaluate individual
threats and their expected effects on the
species, then analyze the cumulative
effect of the threats on the species as a
whole. We also consider the cumulative
effect of the threats in light of those
actions and conditions that are expected
to have positive effects on the species—
such as any existing regulatory
mechanisms or conservation efforts that
may ameliorate threats. It is only after
conducting this cumulative analysis of
threats and the actions that may
ameliorate them, and the expected effect
on the species now and in the
foreseeable future, that we can
determine whether the species meets
the definition of an endangered species
or threatened species under the Act.
If we find that a petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted, the
Act requires that we promptly
commence a review of the status of the
species, and we will subsequently
complete a status review in accordance
with our prioritization methodology for
12-month findings (81 FR 49248; July
27, 2016).
We note that designating critical
habitat is not a petitionable action under
the Act. Petitions to designate critical
habitat (for species without existing
critical habitat) are reviewed under the
Administrative Procedure Act (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.
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.
khammond on DSKJM1Z7X2PROD with PROPOSALS
TABLE 1—INTERNET SEARCH INFORMATION FOR SUBSTANTIAL FINDINGS FOR NINE SPECIES
Common name
Docket No.
Betta hendra ....................................
Betta rutilans ...................................
Hickory Nut Gorge green salamander.
Pygmy rabbit ...................................
Railroad Valley toad ........................
Southern Plains bumble bee ...........
Southwest spring firefly ...................
White-margined penstemon ............
Yellow-spotted woodland salamander.
FWS–HQ–ES–2023–0152 .............
FWS–HQ–ES–2023–0153 .............
FWS–R4–ES–2023–0139 .............
https://www.regulations.gov/FWS-HQ-ES-2023-0152.
https://www.regulations.gov/FWS-HQ-ES-2023-0153.
https://www.regulations.gov/FWS-R4-ES-2023-0139.
FWS–R8–ES–2023–0146
FWS–R8–ES–2023–0142
FWS–R3–ES–2023–0137
FWS–R2–ES–2023–0136
FWS–R8–ES–2023–0141
FWS–R5–ES–2023–0140
https://www.regulations.gov/FWS-R8-ES-2023-0146.
https://www.regulations.gov/FWS-R8-ES-2023-0142.
https://www.regulations.gov/FWS-R3-ES-2023-0137.
https://www.regulations.gov/FWS-R2-ES-2023-0136.
https://www.regulations.gov/FWS-R8-ES-2023-0141.
https://www.regulations.gov/FWS-R5-ES-2023-0140.
VerDate Sep<11>2014
16:18 Jan 24, 2024
Jkt 262001
PO 00000
Frm 00052
URL to Docket on https://www.regulations.gov
.............
.............
.............
.............
.............
.............
Fmt 4702
Sfmt 4702
E:\FR\FM\25JAP1.SGM
25JAP1
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules
4887
TABLE 2—INTERNET SEARCH INFORMATION FOR NOT-SUBSTANTIAL FINDING FOR EASTERN HELLBENDER
Docket No.
URL to Docket on https://www.regulations.gov
FWS–R3–ES–2023–0138 ...............
https://www.regulations.gov/FWS-R3-ES-2023-0138.
Evaluation of a Petition To List Betta
Hendra
Species and Range
Betta hendra; Central Kalimantan,
Borneo, Indonesia.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Petition History
On July 6, 2023, we received a
petition dated July 5, 2023, from the
Center for Biological Diversity and
Monitor Conservation Research Society,
requesting that Betta hendra, a fish
species, be emergency listed as a
threatened species or an endangered
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 July 5,
2023, petition as a petition to list the
Betta hendra. 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 habitat
loss and degradation (Factor A), we find
that the petition presents substantial
scientific or commercial information
indicating that listing B. hendra as a
threatened species or an endangered
species may be warranted. The
petitioners also presented information
suggesting overutilization for
commercial and recreational purposes
(Factor B) and climate change (Factor E)
may be threats to B. hendra. We will
fully evaluate these potential threats
during our 12-month status review,
VerDate Sep<11>2014
17:54 Jan 24, 2024
Jkt 262001
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–2023–0152
under the Supporting Documents
section.
Evaluation of a Petition To List Betta
Rutilans
Species and Range
Betta rutilans; Kalimantan Barat (West
Kalimantan), Borneo, Indonesia.
Petition History
On July 6, 2023, we received a
petition dated July 5, 2023, from the
Center for Biological Diversity and
Monitor Conservation Research Society,
requesting that Betta rutilans, a fish
species, be emergency listed as a
threatened species or an endangered
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 July 5,
2023, petition as a petition to list Betta
rutilans. This finding addresses the
petition.
that the petition presents substantial
scientific or commercial information
indicating that listing B. rutilans as a
threatened species or an endangered
species may be warranted. The
petitioners also presented information
suggesting overutilization for
commercial and recreational purposes
(Factor B) and climate change (Factor E)
may be threats to B. rutilans. 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–2023–0153
under the Supporting Documents
section.
Evaluation of a Petition To List the
Hickory Nut Gorge Green Salamander
Species and Range
Hickory Nut Gorge green salamander
(Aneides caryaensis); North Carolina.
Petition History
On July 13, 2022, we received a
petition from the Center for Biological
Diversity and Defenders of Wildlife
requesting that the Hickory Nut Gorge
green salamander (Aneides caryaensis)
be listed as a threatened species or an
endangered 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
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 habitat
loss and degradation (Factor A), we find
We reviewed the petition, sources
cited in the petition, and other readily
available information. We considered
the credible information that the
petition provided regarding effects of
the threats that fall within 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
development, including recreation and
roads (Factor A), we find that the
petition presents substantial scientific
PO 00000
Frm 00053
Fmt 4702
Sfmt 4702
E:\FR\FM\25JAP1.SGM
25JAP1
4888
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules
or commercial information indicating
that listing the Hickory Nut Gorge green
salamander as a threatened species or
endangered species may be warranted.
The petitioners also presented
information suggesting that logging,
hemlock loss, invasive plant species,
overutilization, disease, climate change,
pollution, severe weather, catastrophic
events, and the effects of small, isolated
populations are threats to the Hickory
Nut Gorge green salamander. 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–R4–ES–2023–0139
under the Supporting Documents
section.
Evaluation of a Petition To List the
Pygmy Rabbit
Evaluation of a Petition To List the
Railroad Valley Toad
Species and Range
Pygmy rabbit (Brachylagus
idahoensis); California, Colorado, Idaho,
Montana, Nevada, Oregon, Utah,
Wyoming, and the Columbia Basin
Distinct Population Segment (DPS) in
Washington State.
Petition History
On March 6, 2023, we received a
petition from the Western Watersheds
Project, Center for Biological Diversity,
WildEarth Guardians, and the Defenders
of Wildlife requesting that the pygmy
rabbit (Brachylagus idahoensis) be listed
as a threatened species or an
endangered 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.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Finding
We reviewed the petition, sources
cited in the petition, our 2010 not
warranted 12-month finding (75 FR
60516; September 30, 2010), and other
readily available information. The
Columbia basin DPS of the pygmy rabbit
has been listed as endangered since
2003. 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
VerDate Sep<11>2014
16:18 Jan 24, 2024
Jkt 262001
readily available information regarding
the compound effects of fire, cheatgrass,
and climate change (Factors A and E),
we find that the petition presents
substantial scientific or commercial
information indicating that listing the
pygmy rabbit rangewide, as a threatened
species or an endangered species, may
be warranted. The petitioners also
presented information suggesting
livestock grazing, oil and gas
development, and disease may be
threats to the pygmy rabbit. 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–R8–ES–2023–0146
under the Supporting Documents
section.
Species and Range
Railroad Valley toad (Anaxyrus
nevadensis); Nye County, Nevada.
Petition History
On May 5, 2022, we received a
petition from the Center for Biological
Diversity requesting that the Railroad
Valley toad (Anaxyrus nevadensis) be
listed as a threatened species or an
endangered 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. 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 oil and
gas extraction via hydraulic fracturing
(Factor A) and lithium production
(Factor A), we find that the petition
presents substantial scientific or
commercial information indicating that
listing the Railroad Valley toad as a
threatened species or an endangered
species may be warranted. The
PO 00000
Frm 00054
Fmt 4702
Sfmt 4702
petitioners also presented information
suggesting livestock grazing,
infrastructure, mining, disease,
nonnative vegetation, climate change,
and stochastic events may be threats to
the Railroad Valley toad. 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–R8–ES–2023–0142
under the Supporting Documents
section.
Evaluation of a Petition To List the
Southern Plains Bumble Bee
Species and Range
Southern Plains bumble bee (Bombus
fraternus); Alabama, Arkansas,
Colorado, Florida, Georgia, Illinois,
Iowa, Kansas, Kentucky, Louisiana,
Mississippi, Missouri, Nebraska, New
Mexico, California, North Dakota, Ohio,
Oklahoma, South Carolina, South
Dakota, Tennessee, Texas, Virginia,
Wyoming.
Petition History
On July 27, 2022, we received a
petition from the Center for Biological
Diversity requesting that the Southern
Plains bumble bee (Bombus fraternus)
be listed as an endangered 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. 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
agriculture practices (Factor A) and
pesticide use (Factor E), we find that the
petition presents substantial scientific
or commercial information indicating
that listing the Southern Plains bumble
bee as a threatened species or
endangered species may be warranted.
The petitioners also presented
information suggesting nonnative
E:\FR\FM\25JAP1.SGM
25JAP1
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules
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–
0141 under the Supporting Documents
section.
invasive species encroachment, grazing,
honey bees, changes to fire regimes,
disease, inadequacy of existing
regulatory mechanisms, climate change,
and the effects of small populations may
be threats to the Southern Plains bumble
bee. 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–R3–ES–2023–0137
under the Supporting Documents
section.
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–R2–ES–2023–
0136 under the Supporting Documents
section.
White-margined penstemon
(Penstemon albomarginatus); Mohave
County, Arizona; Nye and Clark
Counties, Nevada; San Bernadino
County, California.
Yellow-spotted woodland salamander
(Plethodon pauleyi); West Virginia,
Virginia, Kentucky, and Tennessee;
range extends from the New River Gorge
in West Virginia to Pine Mountain along
the Kentucky and Tennessee border.
Evaluation of a Petition To List the
Southwest Spring Firefly
Petition History
Petition History
On March 16, 2023, we received a
petition from the Center for Biological
Diversity requesting that whitemargined penstemon (Penstemon
albomarginatus) be listed as a
threatened species or an endangered
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.
On August 24, 2022, we received a
petition from the Center for Biological
Diversity, Appalachian Mountain
Advocates, Appalachian Voices,
Citizens Coal Council, The Clinch
Coalition, Coal River Mountain Watch,
Dogwood Alliance, Forest Keeper,
Heartwood, Kentucky Heartwood, and
Kentucky Waterways Alliance
requesting that yellow-spotted
woodland salamander (Plethodon
pauleyi) be listed as a threatened
species or an endangered 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.
Species and Range
Southwest spring firefly (Bicellonycha
wickershamorum); Arizona and New
Mexico (United States), Sonora
(Mexico).
Petition History
On March 30, 2023, we received a
petition from The Xerces Society for
Invertebrate Conservation and the New
Mexico BioPark Society requesting that
the Southwest spring firefly
(Bicellonycha wickershamorum) be
listed as an endangered 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
khammond on DSKJM1Z7X2PROD with PROPOSALS
4889
We reviewed the petition, sources
cited in the petition, and other readily
available information. We considered
the credible information that the
petition provided regarding effects of
the threats that fall within 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 loss and
degradation of wetland habitats (Factor
A), livestock grazing (Factor A), mining
(Factor A), climate change (Factor E),
and light pollution (Factor E), we find
that the petition presents substantial
scientific or commercial information
indicating that listing the Southwest
spring firefly as an endangered species
may be warranted. We will fully
evaluate these potential threats during
our 12-month status review, pursuant to
VerDate Sep<11>2014
16:18 Jan 24, 2024
Jkt 262001
Evaluation of a Petition To List the
White-Margined Penstemon
Species and Range
Finding
We reviewed the petition, sources
cited in the petition, and other readily
available information. We considered
the credible information that the
petition provided regarding effects of
the threats that fall within 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 readily available
information regarding habitat loss and
degradation due to land development
and off-highway vehicle use (Factor A)
and effects of climate change (Factor E),
we find that the petition presents
substantial scientific or commercial
information indicating that listing the
white-margined penstemon as a
threatened species or endangered
species may be warranted. The
petitioners also presented information
suggesting cattle grazing (Factor A),
insect and mammalian predation (Factor
C), invasive plant species (Factor E), and
pollinator limitation (Factor E) may be
threats to the white-margined
penstemon. We will fully evaluate these
potential threats during our 12-month
status review, pursuant to the Act’s
requirement to review the best scientific
PO 00000
Frm 00055
Fmt 4702
Sfmt 4702
Evaluation of a Petition To List the
Yellow-Spotted Woodland Salamander
Species and Range
Finding
We reviewed the petition, sources
cited in the petition, and other readily
available information. We considered
the credible information that the
petition provided regarding effects of
the threats that fall within factors under
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 mining
operations (Factor A), land clearing
(Factor A) and climate change (Factor
E), we find that the petition presents
substantial scientific or commercial
information indicating that listing the
yellow-spotted woodland salamander as
a threatened species or an endangered
species may be warranted. The
petitioners also presented information
suggesting that collection, predation,
disease, invasive species, pollution, and
recreation may be threats to the yellowspotted woodland salamander. We will
E:\FR\FM\25JAP1.SGM
25JAP1
4890
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules
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–R5–ES–2023–0140
under the Supporting Documents
section.
Evaluation of a Petition To List the
Eastern Hellbender
Species and Range
Eastern hellbender (Cryptobranchus
alleganiensis alleganiensis);
Northeastern Mississippi, northern
Alabama, northern Georgia, Tennessee,
western North Carolina, western
Virginia, West Virginia, Kentucky,
southern Illinois, southern Indiana,
Ohio, Pennsylvania, western Maryland,
and southern New York, with disjunct
populations occurring in east-central
Missouri.
Petition History
On March 31, 2022, we received a
petition from Jenna M. Hauck requesting
that the eastern hellbender
(Cryptobranchus alleganiensis
alleganiensis) be listed as a threatened
species under the Act. The petition
clearly identified itself as such and
included the requisite identification
information for the petitioner, required
at 50 CFR 424.14(c). This finding
addresses the petition.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Finding
We reviewed the petition, sources
cited in the petition, and other readily
VerDate Sep<11>2014
16:18 Jan 24, 2024
Jkt 262001
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
eastern hellbender as a threatened
species may be warranted. All of the
information provided by the petitioner
was already considered in our 2019 12month finding for the species in which
we determined that listing is not
warranted (84 FR 13223; April 4, 2019).
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–R3–ES–2023–
0138 under the Supporting Documents
section.
Conclusion
On the basis of our evaluation of the
information presented in the petitions
under sections 4(b)(3)(A) of the Act, we
have determined that the petitions
summarized above for Betta hendra,
PO 00000
Frm 00056
Fmt 4702
Sfmt 9990
Betta rutilans, the Hickory Nut Gorge
green salamander, pygmy rabbit,
Railroad Valley toad, Southern Plains
bumble bee, Southwest spring firefly,
white-margined penstemon, and yellowspotted woodland salamander 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 eastern
hellbender 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 eastern
hellbender 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.).
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024–01454 Filed 1–24–24; 8:45 am]
BILLING CODE 4333–15–P
E:\FR\FM\25JAP1.SGM
25JAP1
]]>Agencies
[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Proposed Rules]
[Pages 4884-4890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01454]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES1111090FEDR 245]
Endangered and Threatened Wildlife and Plants; 90-Day Findings
for 10 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 10 petitions to add 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 Betta hendra, Betta rutilans, Hickory Nut Gorge green
salamander (Aneides caryaensis), pygmy rabbit (Brachylagus idahoensis),
Railroad Valley toad (Anaxyrus nevadensis), Southern Plains bumble bee
(Bombus fraternus), Southwest spring firefly (Bicellonycha
wickershamorum), white-margined penstemon (Penstemon albomarginatus),
and yellow-spotted woodland salamander (Plethodon pauleyi) present
substantial scientific or commercial information indicating that the
petitioned actions may be warranted. Therefore, with the publication of
this document, we announce that we are initiating status reviews of
these species to determine whether the petitioned actions are
warranted. To ensure that the status reviews are comprehensive, we
request scientific and commercial data and other information regarding
the species and factors that may affect their status. Based on the
status reviews, we will issue 12-month petition findings, which
[[Page 4885]]
will address whether or not the petitioned actions are warranted in
accordance with the Act. We further find that the petition to list the
eastern hellbender (Cryptobranchus alleganiensis alleganiensis) does
not present substantial information indicating the petitioned action
may be warranted. Therefore, we are not initiating a status review of
the eastern hellbender.
DATES: These findings were made on January 25, 2024. As we commence our
status reviews, we seek any new information concerning the status of,
or threats to, Betta hendra, Betta rutilans, Hickory Nut Gorge green
salamander, pygmy rabbit, Railroad Valley toad, Southern Plains bumble
bee, Southwest spring firefly, white-margined penstemon, and yellow-
spotted woodland salamander, or their habitats. Any information we
receive during the course of our status reviews will be considered.
ADDRESSES:
Supporting documents: Summaries of the bases 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 new scientific or commercial data or
other information concerning the status of, or threats to, Betta
hendra, Betta rutilans, Hickory Nut Gorge green salamander, pygmy
rabbit, Railroad Valley toad, Southern Plains bumble bee, Southwest
spring firefly, white-margined penstemon, and yellow-spotted woodland
salamander, or their habitats, please provide those data or information
by one of the following methods listed below. For Betta hendra and
Betta rutilans, we specifically request information on information on
any trade in the species, including evidence of trade levels, trends,
and patterns, and any changes over time.
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter the appropriate docket
number (see table 1 under SUPPLEMENTARY INFORMATION). Then, click on
the ``Search'' button. After finding the correct document, you may
submit information by clicking on ``Comment.'' If your information will
fit in the provided comment box, please use this feature of https://www.regulations.gov, as it is most compatible with our information
review procedures. If you attach your information as a separate
document, our preferred file format is Microsoft Word. If you attach
multiple comments (such as form letters), our preferred format is a
spreadsheet in Microsoft Excel.
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: [Insert appropriate docket number; see table 1 under
SUPPLEMENTARY INFORMATION], U.S. Fish and Wildlife Service, MS: PRB/3W,
5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send information only by the methods described
above. We will post all information we receive on https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see Information Submitted for a
Status Review, below).
FOR FURTHER INFORMATION CONTACT:
------------------------------------------------------------------------
Species common name Contact person
------------------------------------------------------------------------
Betta hendra...................... Rachel London, Manager, Branch of
Delisting and Foreign Species,
Ecological Services Headquarters,
703-358-2491,
[email protected].
Betta rutilans.................... Rachel London, Manager, Branch of
Delisting and Foreign Species,
Ecological Services Headquarters,
703-358-2491,
[email protected].
eastern hellbender................ Scott Hicks, Acting Field Office
Supervisor, Ohio Ecological
Services Field Office, 517-352-
6274, [email protected].
Hickory Nut Gorge green salamander Sue Cameron, Biologist, Asheville
North Carolina Field Office, 828-
450-7469, [email protected].
pygmy rabbit...................... Anne Mankowski, Biologist, Reno Fish
and Wildlife Office, 775-861-6301,
[email protected].
Railroad Valley toad.............. Justin Barrett, Acting Field
Supervisor, Reno Fish and Wildlife
Office, 775-861-6338,
[email protected].
Southern Plains bumble bee........ Kraig McPeek, Field Supervisor,
Illinois/Iowa Ecological Services
Field Office, 309-757-5800 x202,
[email protected].
Southwest spring firefly.......... Heather Whitlaw, Field Office
Supervisor, Arizona Field Office,
806-773-5932,
[email protected].
white-margined penstemon.......... Glen Knowles, Field Supervisor,
Southern Nevada Fish and Wildlife
Office, 702-515-5244,
[email protected].
yellow-spotted woodland salamander Jennifer Norris, Field Office
Supervisor, West Virginia Field
Office, 304-704-0655,
[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, Betta hendra, Betta rutilans, Hickory Nut Gorge
green salamander, pygmy rabbit, Railroad Valley toad, Southern Plains
bumble bee, Southwest spring firefly, white-margined penstemon, and
yellow-spotted woodland salamander, or their habitats, by one of the
methods listed 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
[[Page 4886]]
available for public inspection on https://www.regulations.gov.
Background
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations in title 50 of the Code of Federal Regulations (50 CFR part
424) set forth the procedures for adding species to, removing species
from, or reclassifying species on the Federal Lists of Endangered and
Threatened Wildlife and Plants (Lists or List) in 50 CFR part 17.
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a petition to add a species to the List (i.e., ``list'' a
species), remove a species from the List (i.e., ``delist'' a species),
or change a listed species' status from endangered to threatened or
from threatened to endangered (i.e., ``reclassify'' a species) presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. To the maximum extent practicable,
we are to make this finding within 90 days of our receipt of the
petition and publish the finding promptly in the Federal Register.
Our regulations establish that substantial scientific or commercial
information with regard to a 90-day petition finding refers to credible
scientific or commercial information in support of the petition's
claims such that a reasonable person conducting an impartial scientific
review would conclude that the action proposed in the petition may be
warranted (50 CFR 424.14(h)(1)(i)). A positive 90-day petition finding
does not indicate that the petitioned action is warranted; the finding
indicates only that the petitioned action may be warranted and that a
full review should occur.
A species may be determined to be an endangered species or a
threatened species because of one or more of the five factors described
in section 4(a)(1) of the Act (16 U.S.C. 1533(a)(1)). The five factors
are:
(a) The present or threatened destruction, modification, or
curtailment of its habitat or range (Factor A);
(b) Overutilization for commercial, recreational, scientific, or
educational purposes (Factor B);
(c) Disease or predation (Factor C);
(d) The inadequacy of existing regulatory mechanisms (Factor D);
and
(e) Other natural or manmade factors affecting its continued
existence (Factor E).
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to, or are reasonably likely to, affect
individuals of a species negatively. The term ``threat'' includes
actions or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition, or the action or condition itself. However, the mere
identification of any threat(s) may not be sufficient to compel a
finding that the information in the petition is substantial information
indicating that the petitioned action may be warranted. The information
presented in the petition must include evidence sufficient to suggest
that these threats may be affecting the species to the point that the
species may meet the definition of an endangered species or threatened
species under the Act.
If we find that a petition presents such information, our
subsequent status review will evaluate all identified threats by
considering the individual-, population-, and species-level effects and
the expected response by the species. We will evaluate individual
threats and their expected effects on the species, then analyze the
cumulative effect of the threats on the species as a whole. We also
consider the cumulative effect of the threats in light of those actions
and conditions that are expected to have positive effects on the
species--such as any existing regulatory mechanisms or conservation
efforts that may ameliorate threats. It is only after conducting this
cumulative analysis of threats and the actions that may ameliorate
them, and the expected effect on the species now and in the foreseeable
future, that we can determine whether the species meets the definition
of an endangered species or threatened species under the Act.
If we find that a petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted, the Act requires that we promptly commence a review of the
status of the species, and we will subsequently complete a status
review in accordance with our prioritization methodology for 12-month
findings (81 FR 49248; July 27, 2016).
We note that designating critical habitat is not a petitionable
action under the Act. Petitions to designate critical habitat (for
species without existing critical habitat) are reviewed under the
Administrative Procedure Act (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.
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 Substantial Findings for Nine
Species
------------------------------------------------------------------------
URL to Docket on
Common name Docket No. https://
www.regulations.gov
------------------------------------------------------------------------
Betta hendra.................. FWS-HQ-ES-2023-01 https://
52. www.regulations.gov/
FWS-HQ-ES-2023-0152.
Betta rutilans................ FWS-HQ-ES-2023-01 https://
53. www.regulations.gov/
FWS-HQ-ES-2023-0153.
Hickory Nut Gorge green FWS-R4-ES-2023-01 https://
salamander. 39. www.regulations.gov/
FWS-R4-ES-2023-0139.
Pygmy rabbit.................. FWS-R8-ES-2023-01 https://
46. www.regulations.gov/
FWS-R8-ES-2023-0146.
Railroad Valley toad.......... FWS-R8-ES-2023-01 https://
42. www.regulations.gov/
FWS-R8-ES-2023-0142.
Southern Plains bumble bee.... FWS-R3-ES-2023-01 https://
37. www.regulations.gov/
FWS-R3-ES-2023-0137.
Southwest spring firefly...... FWS-R2-ES-2023-01 https://
36. www.regulations.gov/
FWS-R2-ES-2023-0136.
White-margined penstemon...... FWS-R8-ES-2023-01 https://
41. www.regulations.gov/
FWS-R8-ES-2023-0141.
Yellow-spotted woodland FWS-R5-ES-2023-01 https://
salamander. 40. www.regulations.gov/
FWS-R5-ES-2023-0140.
------------------------------------------------------------------------
[[Page 4887]]
Table 2--Internet Search Information for Not-Substantial Finding for
Eastern Hellbender
------------------------------------------------------------------------
URL to Docket on https://
Docket No. www.regulations.gov
------------------------------------------------------------------------
FWS-R3-ES-2023-0138............... https://www.regulations.gov/FWS-R3-ES-2023-0138.
------------------------------------------------------------------------
Evaluation of a Petition To List Betta Hendra
Species and Range
Betta hendra; Central Kalimantan, Borneo, Indonesia.
Petition History
On July 6, 2023, we received a petition dated July 5, 2023, from
the Center for Biological Diversity and Monitor Conservation Research
Society, requesting that Betta hendra, a fish species, be emergency
listed as a threatened species or an endangered 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 July 5, 2023, petition as a petition to list the Betta
hendra. 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 habitat loss and degradation (Factor A), we find
that the petition presents substantial scientific or commercial
information indicating that listing B. hendra as a threatened species
or an endangered species may be warranted. The petitioners also
presented information suggesting overutilization for commercial and
recreational purposes (Factor B) and climate change (Factor E) may be
threats to B. hendra. 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-2023-0152 under the
Supporting Documents section.
Evaluation of a Petition To List Betta Rutilans
Species and Range
Betta rutilans; Kalimantan Barat (West Kalimantan), Borneo,
Indonesia.
Petition History
On July 6, 2023, we received a petition dated July 5, 2023, from
the Center for Biological Diversity and Monitor Conservation Research
Society, requesting that Betta rutilans, a fish species, be emergency
listed as a threatened species or an endangered 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 July 5, 2023, petition as a petition to list Betta
rutilans. 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 habitat loss and degradation (Factor A), we find
that the petition presents substantial scientific or commercial
information indicating that listing B. rutilans as a threatened species
or an endangered species may be warranted. The petitioners also
presented information suggesting overutilization for commercial and
recreational purposes (Factor B) and climate change (Factor E) may be
threats to B. rutilans. 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-2023-0153 under the
Supporting Documents section.
Evaluation of a Petition To List the Hickory Nut Gorge Green Salamander
Species and Range
Hickory Nut Gorge green salamander (Aneides caryaensis); North
Carolina.
Petition History
On July 13, 2022, we received a petition from the Center for
Biological Diversity and Defenders of Wildlife requesting that the
Hickory Nut Gorge green salamander (Aneides caryaensis) be listed as a
threatened species or an endangered 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. 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 development, including recreation and
roads (Factor A), we find that the petition presents substantial
scientific
[[Page 4888]]
or commercial information indicating that listing the Hickory Nut Gorge
green salamander as a threatened species or endangered species may be
warranted. The petitioners also presented information suggesting that
logging, hemlock loss, invasive plant species, overutilization,
disease, climate change, pollution, severe weather, catastrophic
events, and the effects of small, isolated populations are threats to
the Hickory Nut Gorge green salamander. 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-R4-ES-2023-0139 under the
Supporting Documents section.
Evaluation of a Petition To List the Pygmy Rabbit
Species and Range
Pygmy rabbit (Brachylagus idahoensis); California, Colorado, Idaho,
Montana, Nevada, Oregon, Utah, Wyoming, and the Columbia Basin Distinct
Population Segment (DPS) in Washington State.
Petition History
On March 6, 2023, we received a petition from the Western
Watersheds Project, Center for Biological Diversity, WildEarth
Guardians, and the Defenders of Wildlife requesting that the pygmy
rabbit (Brachylagus idahoensis) be listed as a threatened species or an
endangered 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, our 2010
not warranted 12-month finding (75 FR 60516; September 30, 2010), and
other readily available information. The Columbia basin DPS of the
pygmy rabbit has been listed as endangered since 2003. 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 compound effects of
fire, cheatgrass, and climate change (Factors A and E), we find that
the petition presents substantial scientific or commercial information
indicating that listing the pygmy rabbit rangewide, as a threatened
species or an endangered species, may be warranted. The petitioners
also presented information suggesting livestock grazing, oil and gas
development, and disease may be threats to the pygmy rabbit. 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-R8-ES-2023-0146 under the
Supporting Documents section.
Evaluation of a Petition To List the Railroad Valley Toad
Species and Range
Railroad Valley toad (Anaxyrus nevadensis); Nye County, Nevada.
Petition History
On May 5, 2022, we received a petition from the Center for
Biological Diversity requesting that the Railroad Valley toad (Anaxyrus
nevadensis) be listed as a threatened species or an endangered 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. 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 oil and gas extraction via hydraulic
fracturing (Factor A) and lithium production (Factor A), we find that
the petition presents substantial scientific or commercial information
indicating that listing the Railroad Valley toad as a threatened
species or an endangered species may be warranted. The petitioners also
presented information suggesting livestock grazing, infrastructure,
mining, disease, nonnative vegetation, climate change, and stochastic
events may be threats to the Railroad Valley toad. 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-R8-ES-2023-0142 under the
Supporting Documents section.
Evaluation of a Petition To List the Southern Plains Bumble Bee
Species and Range
Southern Plains bumble bee (Bombus fraternus); Alabama, Arkansas,
Colorado, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky,
Louisiana, Mississippi, Missouri, Nebraska, New Mexico, California,
North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee,
Texas, Virginia, Wyoming.
Petition History
On July 27, 2022, we received a petition from the Center for
Biological Diversity requesting that the Southern Plains bumble bee
(Bombus fraternus) be listed as an endangered 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. 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 agriculture practices (Factor A) and
pesticide use (Factor E), we find that the petition presents
substantial scientific or commercial information indicating that
listing the Southern Plains bumble bee as a threatened species or
endangered species may be warranted. The petitioners also presented
information suggesting nonnative
[[Page 4889]]
invasive species encroachment, grazing, honey bees, changes to fire
regimes, disease, inadequacy of existing regulatory mechanisms, climate
change, and the effects of small populations may be threats to the
Southern Plains bumble bee. 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-R3-ES-2023-0137 under the
Supporting Documents section.
Evaluation of a Petition To List the Southwest Spring Firefly
Species and Range
Southwest spring firefly (Bicellonycha wickershamorum); Arizona and
New Mexico (United States), Sonora (Mexico).
Petition History
On March 30, 2023, we received a petition from The Xerces Society
for Invertebrate Conservation and the New Mexico BioPark Society
requesting that the Southwest spring firefly (Bicellonycha
wickershamorum) be listed as an endangered 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. 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 loss and degradation of wetland
habitats (Factor A), livestock grazing (Factor A), mining (Factor A),
climate change (Factor E), and light pollution (Factor E), we find that
the petition presents substantial scientific or commercial information
indicating that listing the Southwest spring firefly as an endangered
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 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-R2-ES-2023-0136 under the
Supporting Documents section.
Evaluation of a Petition To List the White-Margined Penstemon
Species and Range
White-margined penstemon (Penstemon albomarginatus); Mohave County,
Arizona; Nye and Clark Counties, Nevada; San Bernadino County,
California.
Petition History
On March 16, 2023, we received a petition from the Center for
Biological Diversity requesting that white-margined penstemon
(Penstemon albomarginatus) be listed as a threatened species or an
endangered 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. 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, sources
cited in the petition, and readily available information regarding
habitat loss and degradation due to land development and off-highway
vehicle use (Factor A) and effects of climate change (Factor E), we
find that the petition presents substantial scientific or commercial
information indicating that listing the white-margined penstemon as a
threatened species or endangered species may be warranted. The
petitioners also presented information suggesting cattle grazing
(Factor A), insect and mammalian predation (Factor C), invasive plant
species (Factor E), and pollinator limitation (Factor E) may be threats
to the white-margined penstemon. 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-R8-ES-2023-0141 under the
Supporting Documents section.
Evaluation of a Petition To List the Yellow-Spotted Woodland Salamander
Species and Range
Yellow-spotted woodland salamander (Plethodon pauleyi); West
Virginia, Virginia, Kentucky, and Tennessee; range extends from the New
River Gorge in West Virginia to Pine Mountain along the Kentucky and
Tennessee border.
Petition History
On August 24, 2022, we received a petition from the Center for
Biological Diversity, Appalachian Mountain Advocates, Appalachian
Voices, Citizens Coal Council, The Clinch Coalition, Coal River
Mountain Watch, Dogwood Alliance, Forest Keeper, Heartwood, Kentucky
Heartwood, and Kentucky Waterways Alliance requesting that yellow-
spotted woodland salamander (Plethodon pauleyi) be listed as a
threatened species or an endangered 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. We considered the credible information
that the petition provided regarding effects of the threats that fall
within factors under 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 mining operations (Factor A), land clearing
(Factor A) and climate change (Factor E), we find that the petition
presents substantial scientific or commercial information indicating
that listing the yellow-spotted woodland salamander as a threatened
species or an endangered species may be warranted. The petitioners also
presented information suggesting that collection, predation, disease,
invasive species, pollution, and recreation may be threats to the
yellow-spotted woodland salamander. We will
[[Page 4890]]
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-R5-ES-2023-0140 under the
Supporting Documents section.
Evaluation of a Petition To List the Eastern Hellbender
Species and Range
Eastern hellbender (Cryptobranchus alleganiensis alleganiensis);
Northeastern Mississippi, northern Alabama, northern Georgia,
Tennessee, western North Carolina, western Virginia, West Virginia,
Kentucky, southern Illinois, southern Indiana, Ohio, Pennsylvania,
western Maryland, and southern New York, with disjunct populations
occurring in east-central Missouri.
Petition History
On March 31, 2022, we received a petition from Jenna M. Hauck
requesting that the eastern hellbender (Cryptobranchus alleganiensis
alleganiensis) be listed as a threatened species under the Act. The
petition clearly identified itself as such and included the requisite
identification information for the petitioner, required at 50 CFR
424.14(c). This finding addresses the petition.
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
eastern hellbender as a threatened species may be warranted. All of the
information provided by the petitioner was already considered in our
2019 12-month finding for the species in which we determined that
listing is not warranted (84 FR 13223; April 4, 2019). 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-R3-ES-2023-0138 under the
Supporting Documents section.
Conclusion
On the basis of our evaluation of the information presented in the
petitions under sections 4(b)(3)(A) of the Act, we have determined that
the petitions summarized above for Betta hendra, Betta rutilans, the
Hickory Nut Gorge green salamander, pygmy rabbit, Railroad Valley toad,
Southern Plains bumble bee, Southwest spring firefly, white-margined
penstemon, and yellow-spotted woodland salamander 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 eastern
hellbender 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 eastern
hellbender 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.).
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-01454 Filed 1-24-24; 8:45 am]
BILLING CODE 4333-15-P
