Endangered and Threatened Wildlife and Plants; 90-Day Findings for Eight Species, 7038-7043 [2025-01118]
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Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Proposed Rules
conclusions stated in its human health
risk assessment conducted during the
registration review of the product’s
principal active ingredients.’’
A copy of the petition is available in
the docket.
Authority: 7 U.S.C. 136 et seq.
Dated: December 23, 2024.
Edward Messina,
Director, Office of Pesticide Programs.
[FR Doc. 2025–00251 Filed 1–17–25; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FXES1111090FEDR–256–FF09E21000]
Endangered and Threatened Wildlife
and Plants; 90-Day Findings for Eight
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 seven petitions to add
species to, and one petition to remove
a species from, the Lists of Endangered
and Threatened Wildlife and Plants
under the Endangered Species Act of
1973, as amended (Act). Based on our
review, we find that the petitions to list
the Amargosa toad (Anaxyrus nelsoni),
Carson Valley monkeyflower
(Erythranthe carsonensis), large marble
butterfly (Euchloe ausonides) (including
the large marble butterfly type
subspecies (Euchloe ausonides
SUMMARY:
warbler, large marble butterfly
(including the large marble butterfly
type subspecies), Mohave ground
squirrel, Morrison bumble bee, Oasis
Valley speckled dace, and Tennessee
bottlebrush crayfish, or their habitats,
please provide those data or information
by one of the following methods listed
below.
(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
Amargosa toad and Oasis Valley
speckled dace.
Carson Valley monkeyflower ..........
Golden-cheeked warbler .................
Glen Knowles, Field Supervisor, Southern Nevada Fish and Wildlife Office, 702–515–5244,
glen_knowles@fws.gov.
Kristin Jule, Field Supervisor, Reno Fish and Wildlife Office, 775–861–6337, kristin_jule@fws.gov.
Michael Warriner, Supervisory Fish and Wildlife Biologist, Austin Ecological Services Field Office, 512–
937–7371, michael_warriner@fws.gov.
Michael Fris, Field Supervisor, Sacramento Fish and Wildlife Office, 916–425–0099, michael_fris@fws.gov.
Large marble butterfly (including
the large marble type subspecies).
Mohave ground squirrel ..................
Morrison bumble bee ......................
ddrumheller on DSK120RN23PROD with PROPOSALS1
ausonides)), Mohave ground squirrel
(Xerospermophilus mohavensis),
Morrison bumble bee (Bombus
morrisoni), Oasis Valley population of
Amargosa speckled dace (Rhinichthys
nevadensis nevadensis; hereafter
referred to as ‘‘Oasis Valley speckled
dace’’), Tennessee bottlebrush crayfish
(Barbicambarus simmonsi), and one
petition to delist the golden-cheeked
warbler (Setophaga chrysoparia) present
substantial scientific or commercial
information indicating that the
petitioned actions may be warranted.
Therefore, with the publication of this
document, we announce that we are
initiating status reviews of these species
to determine whether the petitioned
actions are warranted. To ensure that
the status reviews are comprehensive,
we request scientific and commercial
data and other information regarding the
species and factors that may affect their
status. Based on the status reviews, we
will issue 12-month petition findings,
which will address whether or not the
petitioned actions are warranted, in
accordance with the Act.
DATES: WThese findings were made on
January 21, 2025.
ADDRESSES: Supporting documents:
Summaries of the basis for the petition
findings contained in this document are
available on https://
www.regulations.gov under the
appropriate docket number (see table 1
under SUPPLEMENTARY INFORMATION). In
addition, this supporting information is
available by contacting the appropriate
person, as specified in FOR FURTHER
INFORMATION CONTACT.
Status reviews: If you have new
scientific or commercial data or other
information concerning the status of, or
threats to, the Amargosa toad, Carson
Valley monkeyflower, golden-cheeked
Tennessee bottlebrush crayfish ......
Scott Sobiech, Field Supervisor, Carlsbad Fish and Wildlife Office, 760–431–9440, scott_sobiech@fws.gov.
Shawn Sartorius, Field Supervisor, New Mexico Ecological Services Field Office, 505–761–4781,
shawn_sartorius@fws.gov.
Bill Pearson, Field Supervisor, Alabama Ecological Services Field Office, 251–441–5870, bill_pearson@
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.
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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.
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SUPPLEMENTARY INFORMATION:
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Information Submitted for a Status
Review
You may submit your comments and
materials concerning the status of, or
threats to, the Amargosa toad, Carson
Valley monkeyflower, golden-cheeked
warbler, large marble butterfly
(including the large marble butterfly
type subspecies), Mohave ground
squirrel, Morrison bumble bee, Oasis
Valley speckled dace, and Tennessee
bottlebrush crayfish, 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
available for public inspection on
https://www.regulations.gov.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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.
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In 2016, the Service and the National
Marine Fisheries Service of the
Department of Commerce revised the
regulations that outline the procedures
for evaluating petitions (81 FR 66462;
September 27, 2016). These regulations
at 50 CFR 424.14 were effective October
27, 2016. These current 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. When evaluating the seven
petitions (received after September 27,
2016) to add species to the Lists of
Endangered and Threatened Wildlife
and Plants, we applied the current
regulations at 50 CFR 424.14.
We received the petition to delist the
golden-cheeked warbler prior to the
effective date of the current regulations.
Therefore, we evaluated the goldencheeked warbler petition under the 50
CFR 424.14 requirements that were in
effect prior to October 27, 2016, as those
requirements applied when the petition
was received. The regulations in effect
prior to October 27, 2016, establish that
the standard for substantial scientific or
commercial information with regard to
a 90-day petition finding is ‘‘that
amount of information that would lead
a reasonable person to believe that the
measure proposed in the petition may
be warranted’’ (former 50 CFR
424.14(b)).
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
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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
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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
these findings (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—STATUS REVIEWS
Common name
Docket No.
Amargosa toad ................................
Carson Valley monkeyflower ..........
Golden-cheeked warbler .................
Large marble butterfly (including
the large marble type subspecies).
Mohave ground squirrel ..................
Morrison bumble bee ......................
Oasis Valley speckled dace ............
Tennessee bottlebrush crayfish ......
FWS–R8–ES–2024–0176
FWS–R8–ES–2024–0100
FWS–R2–ES–2024–0179
FWS–R8–ES–2024–0097
.............
.............
.............
.............
https://www.regulations.gov/docket/FWS-R8-ES-2024-0176.
https://www.regulations.gov/docket/FWS-R8-ES-2024-0100.
https://www.regulations.gov/docket/FWS-R2-ES-2024-0179.
https://www.regulations.gov/docket/FWS-R8-ES-2024-0097.
FWS–R8–ES–2024–0098
FWS–R2–ES–2024–0099
FWS–R8–ES–2024–0177
FWS–R4–ES–2024–0101
.............
.............
.............
.............
https://www.regulations.gov/docket/FWS-R8-ES-2024-0098.
https://www.regulations.gov/docket/FWS-R2-ES-2024-0099.
https://www.regulations.gov/docket/FWS-R8-ES-2024-0177.
https://www.regulations.gov/docket/FWS-R4-ES-2024-0101.
Evaluation of a Petition To List
Amargosa Toad
Species and Range
Amargosa toad (Anaxyrus nelsoni);
Nye County, Nevada.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Petition History
On May 29, 2024, we received a
petition from the Center for Biological
Diversity (CBD), requesting that the
Amargosa toad (Anaxyrus nelsoni) be
listed as a threatened species or an
endangered species and critical habitat
be designated for this species under the
Act. The petitioner also asked that we
consider using the emergency
provisions of the Act to list the species.
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. At this time,
the Service has not determined that the
standard for emergency listing has been
met. Therefore, we are considering the
May 29, 2024, petition as a petition to
list the Amargosa toad. 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
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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 gold
mining (Factor A), we find that the
petition presents substantial scientific
or commercial information indicating
that listing the Amargosa toad as an
endangered species or a threatened
species may be warranted.
The petitioners also presented
information suggesting solar energy
development, wild burros, livestock
grazing, off-road vehicles, road
maintenance and runoff, invasive
plants, water abstraction and diversion,
chytridiomycosis, predation by bullfrogs
and nonnative crayfish, hybridization
with Woodhouse’s toad (Anaxyrus
woodhousii), climate change, and
stochastic events may be threats to the
Amargosa toad. We will fully evaluate
these potential threats during our 12month status review, pursuant to the
Act’s requirement to review the best
scientific and commercial information
available when making that finding.
The basis for our finding on this
petition and other information regarding
our review of the petition can be found
as an appendix at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2024–0176 under the
Supporting Documents section.
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Evaluation of a Petition To List the
Carson Valley Monkeyflower
Species and Range
Carson Valley monkeyflower
(Erythranthe carsonensis); Carson City,
Douglas, Lyon, and Washoe Counties,
Nevada; Alpine County, California.
Petition History
On January 8, 2024, we received a
petition from CBD requesting that the
Carson Valley monkeyflower
(Erythranthe carsonensis) be listed as a
threatened species and critical habitat
be designated for this species under the
Act. The petition clearly identified itself
as such and included the requisite
identification information for the
petitioner, required at 50 CFR 424.14(c).
This finding addresses the petition.
Finding
We reviewed the petition, sources
cited in the petition, and other readily
available information (within the
constraints of the Act and 50 CFR
424.14(h)(1)). We considered the
credible information that the petition
provided regarding effects of the threats
that fall within factors under the Act’s
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 associated with commercial,
residential, and industrial development
(Factor A), we find that the petition
presents substantial scientific or
commercial information indicating that
listing the Carson Valley monkeyflower
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as an endangered species or a
threatened species may be warranted.
The petitioners also presented
information suggesting road
development and maintenance, offhighway vehicle use, other recreational
use, mineral exploration and
development, trash dumping, utility
corridor development and maintenance,
animal grazing and trampling, fire and
fire suppression activities, flooding, and
stormwater management may be threats
to the Carson Valley monkeyflower. We
will fully evaluate these potential
threats during our 12-month status
review, pursuant to the Act’s
requirement to review the best scientific
and commercial information available
when making that finding.
The basis for our finding on this
petition and other information regarding
our review of the petition can be found
as an appendix at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2024–0100 under the
Supporting Documents section.
Register (81 FR 35698) our finding that
the petition did not provide substantial
scientific or commercial information
indicating that the petition action (i.e.,
delisting) may be warranted. The
General Land Office of Texas (GLO)
challenged this negative 90-day finding
on the petition to delist. The District
Court found in favor of the Service. The
GLO appealed the decision, and the
Circuit Court vacated the 90-day finding
and remanded it to the Service. On July
27, 2021, the Service published another
90-day finding in the Federal Register
(86 FR 40186) that the petition did not
present substantial scientific or
commercial information indicating that
the petitioned action was warranted.
The GLO filed suit against the Service
on January 12, 2022, challenging the
new 90-day finding. On September 5,
2024, the District Court vacated and
remanded the July 27, 2021, 90-day
finding to the Service. This finding
addresses the petition as remanded by
the District Court.
Evaluation of a Petition To Delist the
Golden-Cheeked Warbler
Finding
We reviewed the petition, sources
cited in the petition, supplemental
information provided, and other readily
available information (within the
constraints of the Act and former 50
CFR 424.14(b)). We considered the
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. The petitioner
provided substantial information
indicating that greater amounts of
golden-cheeked warbler habitat occur
across the species range, the species is
capable of utilizing smaller habitat
patches, and warblers are more
abundant than previously thought
(Factor A). Additionally, oak wilt may
not be as significant of a stressor to
warbler habitat (Factor E). Based on our
review of the petition, sources cited in
the petition, and other readily available
information, we find that the petition
presents substantial scientific or
commercial information indicating that
delisting the golden-cheeked warbler
may be warranted. We will fully
evaluate these potential threats during
our 12-month status review, pursuant to
the Act’s requirements to review the
best scientific and commercial data
available when making that finding.
The basis for our finding on this
petition and other information regarding
our review of the petition can be found
as an appendix at https://
www.regulations.gov under Docket No.
FWS–R2–ES–2024–0179 under the
Supporting Documents section.
Species and Range
Golden-cheeked warbler (Setophaga
chrysoparia); Texas, United States;
Chiapas, Mexico; and Central America
(Guatemala, Honduras, Nicaragua, and
El Salvador).
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Petition History
On June 30, 2015, we received a
petition dated June 29, 2015, from
Nancie G. Marzulla (Marzulla Law,
LLC—Washington, DC) and Robert
Henneke (Texas Public Policy
Foundation—Austin, TX) requesting
that the golden-cheeked warbler
(Setophaga chrysoparia) be delisted
under the Act due to recovery or error
in information. The petition clearly
identified itself as a petition and
included the requisite identification
information for the petitioner, as
required by the former 50 CFR
424.14(a). No information is presented
that would suggest that the species was
originally listed due to an error in
information. The golden-cheeked
warbler is a taxonomically unique
species and was shown to be in danger
of extinction at the time of the listing.
On December 11, 2015, we received
supplemental information from the
petitioners that included additional
published studies and an unpublished
report. The studies and report, as well
as other studies known to the Service
and in our files at the time the
supplement was received, were
considered, as appropriate. On June 3,
2016, we published in the Federal
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Evaluation of a Petition To List the
Large Marble Butterfly and the Large
Marble Type Subspecies
Species and Range
Large marble butterfly (Euchloe
ausonides); Alaska, California,
Colorado, Idaho, Michigan, Minnesota,
Montana, Nebraska, New Mexico, North
Dakota, Oregon, South Dakota, Utah,
Washington, and Wyoming, United
States; Yukon Territory, British
Columbia, Northwest Territories,
Nunavut, Alberta, Saskatchewan,
Manitoba, and Ontario, Canada.
Large marble butterfly type subspecies
(Euchloe ausonides ausonides); central
western California.
Petition History
On October 3, 2023, we received a
petition from the Xerces Society for
Invertebrate Conservation, requesting
that the large marble butterfly be listed
as a threatened species and the large
marble type subspecies be listed as 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). 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 from urbanization
(Factor A), we find that the petition
presents substantial scientific or
commercial information indicating that
listing the large marble butterfly as a
threatened species and that listing the
large marble butterfly type subspecies as
an endangered species may be
warranted.
The petitioners also presented
information suggesting that habitat
conversion to agriculture, livestock
grazing, herbicide impacts to nectar and
host plants, changes in wildfire regimes,
predation by nonnative predators and
parasitoids, pesticide use, climate
change, and loss of genetic diversity
may be threats to the large marble
butterfly and the E. a. ausonides
subspecies. We will fully evaluate these
potential threats during our 12-month
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status review, pursuant to the Act’s
requirement to review the best scientific
and commercial information available
when making that finding.
The basis for our finding on this
petition and other information regarding
our review of the petition can be found
as an appendix at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2024–0097 under the
Supporting Documents section.
Evaluation of a Petition To List the
Mohave Ground Squirrel
Mohave ground squirrel
(Xerospermophilus mohavensis);
southwestern Inyo, eastern Kern,
northeastern Los Angeles, and
northwestern San Bernardino counties,
California.
Petition History
On December 13, 2023, we received a
petition from Defenders of Wildlife,
Desert Tortoise Preserve Committee,
Inc., Mohave Ground Squirrel
Conservation Council, and Dr. Philip
Leitner, requesting that the Mohave
ground squirrel be listed as a threatened
species and that critical habitat be
designated 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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Finding
We reviewed the petition, sources
cited in the petition, and other readily
available information (within the
constraints of the Act and 50 CFR
424.14(h)(1)). We considered the
credible information that the petition
provided regarding effects of the threats
that fall within factors under the Act’s
section 4(a)(1) as potentially
ameliorated or exacerbated by any
existing regulatory mechanisms or
conservation efforts. Based on our
review of the petition and readily
available information regarding habitat
loss, degradation, and fragmentation
(Factor A), we find that the petition
presents substantial scientific or
commercial information indicating that
listing the Mohave ground squirrel as an
endangered or a threatened species may
be warranted. The petitioners also
presented information suggesting
commercial filming activities,
hybridization, competition, and climate
change may be threats to the Mohave
ground squirrel. We will fully evaluate
these potential threats during our 12month status review, pursuant to the
Act’s requirement to consider the best
19:06 Jan 18, 2025
Jkt 265001
Evaluation of a Petition To List Morrison
Bumble Bee
Species and Range
Species and Range
VerDate Sep<11>2014
scientific and commercial information
available when making that finding.
The basis for our finding on this
petition and other information regarding
our review of the petition can be found
as an appendix at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2024–0098 under the
Supporting Documents section.
Morrison bumble bee (Bombus
morrisoni); eastern Sierra Nevada
Mountain range, through northeastern
Arizona and northern New Mexico,
north to Colorado and Rocky Mountains
in the east, and portions of Idaho and
Washington.
Petition History
On November 16, 2023, we received
a petition from the Xerces Society
requesting that the Morrison bumble bee
(Bombus morrisoni) be listed as either a
threatened species or 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). This finding
addresses the petition.
Finding
We reviewed the petition, sources
cited in the petition, and other readily
available information (within the
constraints of the Act and 50 CFR
424.14(h)(1)). We considered the
credible information that the petition
provided regarding the effects of the
threats that fall within factors under the
Act’s section 4(a)(1) as may be
ameliorated or exacerbated by existing
regulatory mechanisms or conservation
efforts. Based on our review of the
petition and sources cited in the
petition regarding pesticides (Factor E),
livestock overgrazing (Factor A), urban
development (Factor A), agricultural
intensification (Factor A), pathogens
and parasites (Factor C), and global
climate change (Factor E), we find that
the petition presents substantial
scientific or commercial information
indicating that listing the Morrison
bumble bee as an endangered or
threatened species may be warranted.
The petitioners also present
information suggesting the following
may be threats to the Morrison bumble
bee: energy development and mining;
overutilization for commercial,
recreational scientific or educational
purposes; pathogen spillover; the effects
of small, isolated populations; and
competition with commercial
PO 00000
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Fmt 4702
Sfmt 4702
honeybees. The petition also suggests
that despite the existing regulatory
mechanisms, potential threats continue
to negatively affect the species. We will
fully evaluate these potential threats
during our status review, pursuant to
the Act’s requirement to review the best
scientific and commercial information
available when making our 12-month
finding.
The basis for our finding on this
petition and other information regarding
our review of the petition can be found
as an appendix at https://
www.regulations.gov under Docket No.
FWS–R2–ES–2024–0099 under the
Supporting Documents section.
Evaluation of a Petition To List the
Oasis Valley Speckled Dace
Species and Range
Amargosa speckled dace [Oasis Valley
distinct population segment]
(Rhinichthys nevadensis nevadensis)
(=Oasis Valley speckled dace)—
provisional determination; Nye County,
Nevada.
Petition History
On July 2, 2024, we received a
petition from CBD, requesting that the
Oasis Valley speckled dace distinct
population segment of Amargosa
speckled dace be listed as a threatened
species or an endangered species and
critical habitat be designated for this
species under the Act. Based on our
review of the petition, sources cited in
the petition, and other readily available
information, we find that the petition
presents substantial information that the
Oasis Valley population may be discrete
based on marked separation from other
populations of the taxon as a
consequence of physical separation and
evidenced by genetic differences. This
suggests that the petitioned population
segment differs markedly from other
populations of Amargosa speckled dace
in its genetic characteristics. As such,
the petitioned population segment may
be significant per criterion 4 of our DPS
policy due to evidence that the
population segment differs markedly
from other populations of the species in
its genetic characteristics (61 FR 4725).
Therefore, we find that the petition
provides substantial scientific or
commercial information indicating that
the petitioned entity may qualify as a
DPS and, therefore, that it may be a
listable entity under the Act. For the
purposes of this 90-day finding
evaluation, we will use the generally
recognized common name—Oasis
Valley speckled dace—to refer to the
Oasis Valley population of Amargosa
speckled dace that occurs in the
E:\FR\FM\21JAP1.SGM
21JAP1
Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Proposed Rules
watershed of the Amargosa River in
Oasis Valley, Nevada.
The petitioner also asked that we
consider using the emergency
provisions of the Act to list the species.
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 2, 2024, petition
as a petition to list the Oasis Valley
speckled dace. This finding addresses
the petition.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Finding
We reviewed the petition, sources
cited in the petition, and other readily
available information (within the
constraints of the Act and 50 CFR
424.14(h)(1)). We considered the
credible information that the petition
provided regarding effects of the threats
that fall within factors under the Act’s
section 4(a)(1) as potentially
ameliorated or exacerbated by any
existing regulatory mechanisms or
conservation efforts. Based on our
review of the petition and readily
available information] regarding gold
mining (Factor A), we find that the
petition presents substantial scientific
or commercial information indicating
that listing the Oasis Valley speckled
dace as an endangered species or a
threatened species may be warranted.
The petitioners also presented
information suggesting solar energy
development, water diversions,
livestock grazing, wild burros, invasive
species, climate change, and the effects
of isolated populations may be threats to
the Oasis Valley speckled dace We will
fully evaluate these potential threats
during our 12-month status review,
pursuant to the Act’s requirement to
review the best scientific and
commercial information available when
making that finding.
The basis for our finding on this
petition and other information regarding
our review of the petition can be found
as an appendix at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2024–0177 under the
Supporting Documents section.
VerDate Sep<11>2014
19:06 Jan 18, 2025
Jkt 265001
Evaluation of a Petition To List
Tennessee Bottlebrush Crayfish
Species and Range
Tennessee bottlebrush crayfish
(Barbicambarus simmonsi); Lawrence
County, Tennessee, and Lauderdale
County, Alabama.
Petition History
On June 16, 2023, we received a
petition from CBD, requesting that the
Tennessee bottlebrush crayfish
(Barbicambarus simmonsi) be listed as a
threatened or 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 (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
destruction and alteration from the
effects of dams and land use practices
including agriculture, silviculture,
urban runoff, and wastewater treatment
facilities (Factor A), we find that the
petition presents substantial scientific
or commercial information indicating
that listing the Tennessee bottlebrush
crayfish as an endangered species or a
threatened species may be warranted.
The petitioners also presented
information suggesting overutilization
or collection and impacts of climate
change may be threats to the Tennessee
bottlebrush crayfish. The petitioners
also provided information that, despite
the existing regulatory mechanisms,
these potential threats are still affecting
the species. 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–2024–0101
under the Supporting Documents
section.
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Fmt 4702
Sfmt 4702
7043
Conclusion
On the basis of our evaluation of the
information presented in the petitions
under section 4(b)(3)(A) of the Act, we
have determined that the petitions
summarized above for the Amargosa
toad, Carson Valley monkeyflower,
golden-cheeked warbler, large marble
butterfly (including the large marble
butterfly type subspecies), Mohave
ground squirrel, Morrison bumble bee,
Oasis Valley speckled dace, and
Tennessee bottlebrush crayfish 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.
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. 2025–01118 Filed 1–17–25; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R2–ES–2024–0083;
FXES1111090FEDR–256–FF09E21000]
RIN 1018–BG16
Endangered and Threatened Wildlife
and Plants; Endangered Species
Status for Big Red Sage
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
list the big red sage (Salvia
pentstemonoides), a plant species from
central Texas, as an endangered species
under the Endangered Species Act of
SUMMARY:
E:\FR\FM\21JAP1.SGM
21JAP1
Agencies
[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Proposed Rules]
[Pages 7038-7043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01118]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FXES1111090FEDR-256-FF09E21000]
Endangered and Threatened Wildlife and Plants; 90-Day Findings
for Eight 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 seven petitions to add species to, and one petition to
remove a species from, the Lists of Endangered and Threatened Wildlife
and Plants under the Endangered Species Act of 1973, as amended (Act).
Based on our review, we find that the petitions to list the Amargosa
toad (Anaxyrus nelsoni), Carson Valley monkeyflower (Erythranthe
carsonensis), large marble butterfly (Euchloe ausonides) (including the
large marble butterfly type subspecies (Euchloe ausonides ausonides)),
Mohave ground squirrel (Xerospermophilus mohavensis), Morrison bumble
bee (Bombus morrisoni), Oasis Valley population of Amargosa speckled
dace (Rhinichthys nevadensis nevadensis; hereafter referred to as
``Oasis Valley speckled dace''), Tennessee bottlebrush crayfish
(Barbicambarus simmonsi), and one petition to delist the golden-cheeked
warbler (Setophaga chrysoparia) present substantial scientific or
commercial information indicating that the petitioned actions may be
warranted. Therefore, with the publication of this document, we
announce that we are initiating status reviews of these species to
determine whether the petitioned actions are warranted. To ensure that
the status reviews are comprehensive, we request scientific and
commercial data and other information regarding the species and factors
that may affect their status. Based on the status reviews, we will
issue 12-month petition findings, which will address whether or not the
petitioned actions are warranted, in accordance with the Act.
DATES: WThese findings were made on January 21, 2025.
ADDRESSES: Supporting documents: Summaries of the basis for the
petition findings contained in this document are available on https://www.regulations.gov under the appropriate docket number (see table 1
under SUPPLEMENTARY INFORMATION). In addition, this supporting
information is available by contacting the appropriate person, as
specified in FOR FURTHER INFORMATION CONTACT.
Status reviews: If you have new scientific or commercial data or
other information concerning the status of, or threats to, the Amargosa
toad, Carson Valley monkeyflower, golden-cheeked warbler, large marble
butterfly (including the large marble butterfly type subspecies),
Mohave ground squirrel, Morrison bumble bee, Oasis Valley speckled
dace, and Tennessee bottlebrush crayfish, or their habitats, please
provide those data or information by one of the following methods
listed below.
(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
------------------------------------------------------------------------
Amargosa toad and Oasis Valley Glen Knowles, Field Supervisor,
speckled dace. Southern Nevada Fish and Wildlife
Office, 702-515-5244,
[email protected].
Carson Valley monkeyflower........ Kristin Jule, Field Supervisor, Reno
Fish and Wildlife Office, 775-861-
6337, [email protected].
Golden-cheeked warbler............ Michael Warriner, Supervisory Fish
and Wildlife Biologist, Austin
Ecological Services Field Office,
512-937-7371,
[email protected].
Large marble butterfly (including Michael Fris, Field Supervisor,
the large marble type subspecies). Sacramento Fish and Wildlife
Office, 916-425-0099,
[email protected].
Mohave ground squirrel............ Scott Sobiech, Field Supervisor,
Carlsbad Fish and Wildlife Office,
760-431-9440,
[email protected].
Morrison bumble bee............... Shawn Sartorius, Field Supervisor,
New Mexico Ecological Services
Field Office, 505-761-4781,
[email protected].
Tennessee bottlebrush crayfish.... Bill Pearson, Field Supervisor,
Alabama Ecological Services Field
Office, 251-441-5870,
[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:
[[Page 7039]]
Information Submitted for a Status Review
You may submit your comments and materials concerning the status
of, or threats to, the Amargosa toad, Carson Valley monkeyflower,
golden-cheeked warbler, large marble butterfly (including the large
marble butterfly type subspecies), Mohave ground squirrel, Morrison
bumble bee, Oasis Valley speckled dace, and Tennessee bottlebrush
crayfish, 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 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.
In 2016, the Service and the National Marine Fisheries Service of
the Department of Commerce revised the regulations that outline the
procedures for evaluating petitions (81 FR 66462; September 27, 2016).
These regulations at 50 CFR 424.14 were effective October 27, 2016.
These current 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. When evaluating the
seven petitions (received after September 27, 2016) to add species to
the Lists of Endangered and Threatened Wildlife and Plants, we applied
the current regulations at 50 CFR 424.14.
We received the petition to delist the golden-cheeked warbler prior
to the effective date of the current regulations. Therefore, we
evaluated the golden-cheeked warbler petition under the 50 CFR 424.14
requirements that were in effect prior to October 27, 2016, as those
requirements applied when the petition was received. The regulations in
effect prior to October 27, 2016, establish that the standard for
substantial scientific or commercial information with regard to a 90-
day petition finding is ``that amount of information that would lead a
reasonable person to believe that the measure proposed in the petition
may be warranted'' (former 50 CFR 424.14(b)).
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
[[Page 7040]]
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 these findings (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--Status Reviews
------------------------------------------------------------------------
URL to docket on
Common name Docket No. https://
www.regulations.gov
------------------------------------------------------------------------
Amargosa toad................. FWS-R8-ES-2024-01 https://
76. www.regulations.gov/
docket/FWS-R8-ES-
2024-0176.
Carson Valley monkeyflower.... FWS-R8-ES-2024-01 https://
00. www.regulations.gov/
docket/FWS-R8-ES-
2024-0100.
Golden-cheeked warbler........ FWS-R2-ES-2024-01 https://
79. www.regulations.gov/
docket/FWS-R2-ES-
2024-0179.
Large marble butterfly FWS-R8-ES-2024-00 https://
(including the large marble 97. www.regulations.gov/
type subspecies). docket/FWS-R8-ES-
2024-0097.
Mohave ground squirrel........ FWS-R8-ES-2024-00 https://
98. www.regulations.gov/
docket/FWS-R8-ES-
2024-0098.
Morrison bumble bee........... FWS-R2-ES-2024-00 https://
99. www.regulations.gov/
docket/FWS-R2-ES-
2024-0099.
Oasis Valley speckled dace.... FWS-R8-ES-2024-01 https://
77. www.regulations.gov/
docket/FWS-R8-ES-
2024-0177.
Tennessee bottlebrush crayfish FWS-R4-ES-2024-01 https://
01. www.regulations.gov/
docket/FWS-R4-ES-
2024-0101.
------------------------------------------------------------------------
Evaluation of a Petition To List Amargosa Toad
Species and Range
Amargosa toad (Anaxyrus nelsoni); Nye County, Nevada.
Petition History
On May 29, 2024, we received a petition from the Center for
Biological Diversity (CBD), requesting that the Amargosa toad (Anaxyrus
nelsoni) be listed as a threatened species or an endangered species and
critical habitat be designated for this species under the Act. The
petitioner also asked that we consider using the emergency provisions
of the Act to list the species. 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. At this time, the Service has not determined that the standard
for emergency listing has been met. Therefore, we are considering the
May 29, 2024, petition as a petition to list the Amargosa toad. 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 gold mining (Factor A), we find that the petition
presents substantial scientific or commercial information indicating
that listing the Amargosa toad as an endangered species or a threatened
species may be warranted.
The petitioners also presented information suggesting solar energy
development, wild burros, livestock grazing, off-road vehicles, road
maintenance and runoff, invasive plants, water abstraction and
diversion, chytridiomycosis, predation by bullfrogs and nonnative
crayfish, hybridization with Woodhouse's toad (Anaxyrus woodhousii),
climate change, and stochastic events may be threats to the Amargosa
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 as an appendix at
https://www.regulations.gov under Docket No. FWS-R8-ES-2024-0176 under
the Supporting Documents section.
Evaluation of a Petition To List the Carson Valley Monkeyflower
Species and Range
Carson Valley monkeyflower (Erythranthe carsonensis); Carson City,
Douglas, Lyon, and Washoe Counties, Nevada; Alpine County, California.
Petition History
On January 8, 2024, we received a petition from CBD requesting that
the Carson Valley monkeyflower (Erythranthe carsonensis) be listed as a
threatened species and critical habitat be designated for this species
under the Act. The petition clearly identified itself as such and
included the requisite identification information for the petitioner,
required at 50 CFR 424.14(c). This finding addresses the petition.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information (within the constraints of the Act and 50
CFR 424.14(h)(1)). We considered the credible information that the
petition provided regarding effects of the threats that fall within
factors under the Act's 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 associated with commercial,
residential, and industrial development (Factor A), we find that the
petition presents substantial scientific or commercial information
indicating that listing the Carson Valley monkeyflower
[[Page 7041]]
as an endangered species or a threatened species may be warranted.
The petitioners also presented information suggesting road
development and maintenance, off-highway vehicle use, other
recreational use, mineral exploration and development, trash dumping,
utility corridor development and maintenance, animal grazing and
trampling, fire and fire suppression activities, flooding, and
stormwater management may be threats to the Carson Valley monkeyflower.
We will fully evaluate these potential threats during our 12-month
status review, pursuant to the Act's requirement to review the best
scientific and commercial information available when making that
finding.
The basis for our finding on this petition and other information
regarding our review of the petition can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-R8-ES-2024-0100 under
the Supporting Documents section.
Evaluation of a Petition To Delist the Golden-Cheeked Warbler
Species and Range
Golden-cheeked warbler (Setophaga chrysoparia); Texas, United
States; Chiapas, Mexico; and Central America (Guatemala, Honduras,
Nicaragua, and El Salvador).
Petition History
On June 30, 2015, we received a petition dated June 29, 2015, from
Nancie G. Marzulla (Marzulla Law, LLC--Washington, DC) and Robert
Henneke (Texas Public Policy Foundation--Austin, TX) requesting that
the golden-cheeked warbler (Setophaga chrysoparia) be delisted under
the Act due to recovery or error in information. The petition clearly
identified itself as a petition and included the requisite
identification information for the petitioner, as required by the
former 50 CFR 424.14(a). No information is presented that would suggest
that the species was originally listed due to an error in information.
The golden-cheeked warbler is a taxonomically unique species and was
shown to be in danger of extinction at the time of the listing.
On December 11, 2015, we received supplemental information from the
petitioners that included additional published studies and an
unpublished report. The studies and report, as well as other studies
known to the Service and in our files at the time the supplement was
received, were considered, as appropriate. On June 3, 2016, we
published in the Federal Register (81 FR 35698) our finding that the
petition did not provide substantial scientific or commercial
information indicating that the petition action (i.e., delisting) may
be warranted. The General Land Office of Texas (GLO) challenged this
negative 90-day finding on the petition to delist. The District Court
found in favor of the Service. The GLO appealed the decision, and the
Circuit Court vacated the 90-day finding and remanded it to the
Service. On July 27, 2021, the Service published another 90-day finding
in the Federal Register (86 FR 40186) that the petition did not present
substantial scientific or commercial information indicating that the
petitioned action was warranted. The GLO filed suit against the Service
on January 12, 2022, challenging the new 90-day finding. On September
5, 2024, the District Court vacated and remanded the July 27, 2021, 90-
day finding to the Service. This finding addresses the petition as
remanded by the District Court.
Finding
We reviewed the petition, sources cited in the petition,
supplemental information provided, and other readily available
information (within the constraints of the Act and former 50 CFR
424.14(b)). We considered the 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. The petitioner provided
substantial information indicating that greater amounts of golden-
cheeked warbler habitat occur across the species range, the species is
capable of utilizing smaller habitat patches, and warblers are more
abundant than previously thought (Factor A). Additionally, oak wilt may
not be as significant of a stressor to warbler habitat (Factor E).
Based on our review of the petition, sources cited in the petition, and
other readily available information, we find that the petition presents
substantial scientific or commercial information indicating that
delisting the golden-cheeked warbler may be warranted. We will fully
evaluate these potential threats during our 12-month status review,
pursuant to the Act's requirements to review the best scientific and
commercial data available when making that finding.
The basis for our finding on this petition and other information
regarding our review of the petition can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-R2-ES-2024-0179 under
the Supporting Documents section.
Evaluation of a Petition To List the Large Marble Butterfly and the
Large Marble Type Subspecies
Species and Range
Large marble butterfly (Euchloe ausonides); Alaska, California,
Colorado, Idaho, Michigan, Minnesota, Montana, Nebraska, New Mexico,
North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming,
United States; Yukon Territory, British Columbia, Northwest
Territories, Nunavut, Alberta, Saskatchewan, Manitoba, and Ontario,
Canada.
Large marble butterfly type subspecies (Euchloe ausonides
ausonides); central western California.
Petition History
On October 3, 2023, we received a petition from the Xerces Society
for Invertebrate Conservation, requesting that the large marble
butterfly be listed as a threatened species and the large marble type
subspecies be listed as 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). 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 from urbanization
(Factor A), we find that the petition presents substantial scientific
or commercial information indicating that listing the large marble
butterfly as a threatened species and that listing the large marble
butterfly type subspecies as an endangered species may be warranted.
The petitioners also presented information suggesting that habitat
conversion to agriculture, livestock grazing, herbicide impacts to
nectar and host plants, changes in wildfire regimes, predation by
nonnative predators and parasitoids, pesticide use, climate change, and
loss of genetic diversity may be threats to the large marble butterfly
and the E. a. ausonides subspecies. We will fully evaluate these
potential threats during our 12-month
[[Page 7042]]
status review, pursuant to the Act's requirement to review the best
scientific and commercial information available when making that
finding.
The basis for our finding on this petition and other information
regarding our review of the petition can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-R8-ES-2024-0097 under
the Supporting Documents section.
Evaluation of a Petition To List the Mohave Ground Squirrel
Species and Range
Mohave ground squirrel (Xerospermophilus mohavensis); southwestern
Inyo, eastern Kern, northeastern Los Angeles, and northwestern San
Bernardino counties, California.
Petition History
On December 13, 2023, we received a petition from Defenders of
Wildlife, Desert Tortoise Preserve Committee, Inc., Mohave Ground
Squirrel Conservation Council, and Dr. Philip Leitner, requesting that
the Mohave ground squirrel be listed as a threatened species and that
critical habitat be designated under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(c). This
finding addresses the petition.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information (within the constraints of the Act and 50
CFR 424.14(h)(1)). We considered the credible information that the
petition provided regarding effects of the threats that fall within
factors under the Act's 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, degradation, and fragmentation
(Factor A), we find that the petition presents substantial scientific
or commercial information indicating that listing the Mohave ground
squirrel as an endangered or a threatened species may be warranted. The
petitioners also presented information suggesting commercial filming
activities, hybridization, competition, and climate change may be
threats to the Mohave ground squirrel. We will fully evaluate these
potential threats during our 12-month status review, pursuant to the
Act's requirement to consider the best scientific and commercial
information available when making that finding.
The basis for our finding on this petition and other information
regarding our review of the petition can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-R8-ES-2024-0098 under
the Supporting Documents section.
Evaluation of a Petition To List Morrison Bumble Bee
Species and Range
Morrison bumble bee (Bombus morrisoni); eastern Sierra Nevada
Mountain range, through northeastern Arizona and northern New Mexico,
north to Colorado and Rocky Mountains in the east, and portions of
Idaho and Washington.
Petition History
On November 16, 2023, we received a petition from the Xerces
Society requesting that the Morrison bumble bee (Bombus morrisoni) be
listed as either a threatened species or 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). This finding addresses the petition.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information (within the constraints of the Act and 50
CFR 424.14(h)(1)). We considered the credible information that the
petition provided regarding the effects of the threats that fall within
factors under the Act's section 4(a)(1) as may be ameliorated or
exacerbated by existing regulatory mechanisms or conservation efforts.
Based on our review of the petition and sources cited in the petition
regarding pesticides (Factor E), livestock overgrazing (Factor A),
urban development (Factor A), agricultural intensification (Factor A),
pathogens and parasites (Factor C), and global climate change (Factor
E), we find that the petition presents substantial scientific or
commercial information indicating that listing the Morrison bumble bee
as an endangered or threatened species may be warranted.
The petitioners also present information suggesting the following
may be threats to the Morrison bumble bee: energy development and
mining; overutilization for commercial, recreational scientific or
educational purposes; pathogen spillover; the effects of small,
isolated populations; and competition with commercial honeybees. The
petition also suggests that despite the existing regulatory mechanisms,
potential threats continue to negatively affect the species. We will
fully evaluate these potential threats during our status review,
pursuant to the Act's requirement to review the best scientific and
commercial information available when making our 12-month finding.
The basis for our finding on this petition and other information
regarding our review of the petition can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-R2-ES-2024-0099 under
the Supporting Documents section.
Evaluation of a Petition To List the Oasis Valley Speckled Dace
Species and Range
Amargosa speckled dace [Oasis Valley distinct population segment]
(Rhinichthys nevadensis nevadensis) (=Oasis Valley speckled dace)--
provisional determination; Nye County, Nevada.
Petition History
On July 2, 2024, we received a petition from CBD, requesting that
the Oasis Valley speckled dace distinct population segment of Amargosa
speckled dace be listed as a threatened species or an endangered
species and critical habitat be designated for this species under the
Act. Based on our review of the petition, sources cited in the
petition, and other readily available information, we find that the
petition presents substantial information that the Oasis Valley
population may be discrete based on marked separation from other
populations of the taxon as a consequence of physical separation and
evidenced by genetic differences. This suggests that the petitioned
population segment differs markedly from other populations of Amargosa
speckled dace in its genetic characteristics. As such, the petitioned
population segment may be significant per criterion 4 of our DPS policy
due to evidence that the population segment differs markedly from other
populations of the species in its genetic characteristics (61 FR 4725).
Therefore, we find that the petition provides substantial scientific or
commercial information indicating that the petitioned entity may
qualify as a DPS and, therefore, that it may be a listable entity under
the Act. For the purposes of this 90-day finding evaluation, we will
use the generally recognized common name--Oasis Valley speckled dace--
to refer to the Oasis Valley population of Amargosa speckled dace that
occurs in the
[[Page 7043]]
watershed of the Amargosa River in Oasis Valley, Nevada.
The petitioner also asked that we consider using the emergency
provisions of the Act to list the species. 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 2, 2024,
petition as a petition to list the Oasis Valley speckled dace. 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 gold mining (Factor A), we find that the
petition presents substantial scientific or commercial information
indicating that listing the Oasis Valley speckled dace as an endangered
species or a threatened species may be warranted.
The petitioners also presented information suggesting solar energy
development, water diversions, livestock grazing, wild burros, invasive
species, climate change, and the effects of isolated populations may be
threats to the Oasis Valley speckled dace We will fully evaluate these
potential threats during our 12-month status review, pursuant to the
Act's requirement to review the best scientific and commercial
information available when making that finding.
The basis for our finding on this petition and other information
regarding our review of the petition can be found as an appendix at
https://www.regulations.gov under Docket No. FWS-R8-ES-2024-0177 under
the Supporting Documents section.
Evaluation of a Petition To List Tennessee Bottlebrush Crayfish
Species and Range
Tennessee bottlebrush crayfish (Barbicambarus simmonsi); Lawrence
County, Tennessee, and Lauderdale County, Alabama.
Petition History
On June 16, 2023, we received a petition from CBD, requesting that
the Tennessee bottlebrush crayfish (Barbicambarus simmonsi) be listed
as a threatened or 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 (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 destruction and alteration from the
effects of dams and land use practices including agriculture,
silviculture, urban runoff, and wastewater treatment facilities (Factor
A), we find that the petition presents substantial scientific or
commercial information indicating that listing the Tennessee
bottlebrush crayfish as an endangered species or a threatened species
may be warranted.
The petitioners also presented information suggesting
overutilization or collection and impacts of climate change may be
threats to the Tennessee bottlebrush crayfish. The petitioners also
provided information that, despite the existing regulatory mechanisms,
these potential threats are still affecting the species. 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-2024-0101 under the
Supporting Documents section.
Conclusion
On the basis of our evaluation of the information presented in the
petitions under section 4(b)(3)(A) of the Act, we have determined that
the petitions summarized above for the Amargosa toad, Carson Valley
monkeyflower, golden-cheeked warbler, large marble butterfly (including
the large marble butterfly type subspecies), Mohave ground squirrel,
Morrison bumble bee, Oasis Valley speckled dace, and Tennessee
bottlebrush crayfish 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.
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. 2025-01118 Filed 1-17-25; 8:45 am]
BILLING CODE 4333-15-P