[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Proposed Rules]
[Pages 51929-51931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21201]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2011-0063; 92220-1113-0000-C5]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition To Delist the Valley Elderberry Longhorn Beetle

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding and initiation of status 
review.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on a petition to delist the valley elderberry longhorn 
beetle (Desmocerus californicus dimorphus) under the Endangered Species 
Act of 1973, as amended (Act). Based on our review, we find that the 
petition presents substantial scientific or commercial information 
indicating that delisting the valley elderberry longhorn beetle may be 
warranted. Therefore, with the publication of this notice, we are 
initiating a status review of the species to determine if delisting is 
warranted. To ensure that this status review is comprehensive, we are 
requesting scientific and commercial data and other information 
regarding the valley elderberry longhorn beetle. Based on this status 
review, we will issue a 12-month finding on the petition, which will 
address whether the petitioned action is warranted under section 
4(b)(3)(B) of the Act.

DATES: To allow us adequate time to conduct this review, we request 
that we receive information on or before October 18, 2011. Please note 
that if you are using the Federal eRulemaking Portal (see ADDRESSES, 
below), the deadline for submitting an electronic comment is Eastern 
Standard Time on this date.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Keyword box, enter Docket No. FWS-R8-ES-
2011-0063, which is the docket number for this rulemaking. Then, in the 
Search panel on the left side of the screen, under the Document Type 
heading, click on the Proposed Rules link to locate this document. You 
may submit a comment by clicking on ``Send a Comment or Submission.''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R8-ES-2011-0063; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, MS 2042-PDM; Arlington, VA 22203.
    We will not accept e-mail or faxes. We will post all information we 
receive on http://www.regulations.gov. This generally means that we 
will post any personal information you provide us (see Request for 
Information below for more details).

FOR FURTHER INFORMATION CONTACT: Karen Leyse, Listing Coordinator, U.S. 
Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 
Cottage Way, Suite W-2605, Sacramento, CA 95825; telephone 916-414-
6600; facsimile 916-414-6712. If you use a telecommunications device 
for the deaf (TDD), call the Federal Information Relay Service (FIRS) 
at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Request for Information

    When we make a finding that a petition presents substantial 
information indicating that delisting a species may be warranted, we 
are required to promptly review the status of the species (status 
review). For the status review to be complete and based on the best 
available scientific and commercial information, we request information 
on the valley elderberry longhorn beetle from governmental agencies, 
Native American Tribes, the scientific community, industry, and any 
other interested parties. We seek information on:
    (1) The species' biology, range, and population trends, including:
    (a) Habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range, including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, its 
habitat, or both.
    (2) The factors that are the basis for making a listing/delisting/
downlisting determination for a species under section 4(a) of the 
Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et 
seq.), which are:
    (a) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (c) Disease or predation;
    (d) The inadequacy of existing regulatory mechanisms; or
    (e) Other natural or manmade factors affecting its continued 
existence.

[[Page 51930]]

    Please include sufficient information with your submission (such as 
references to scientific journal articles or other publications) to 
allow us to verify any scientific or commercial information you 
include.
    Submissions merely stating support for or opposition to the action 
under consideration without providing supporting information, although 
noted, cannot be considered in making a determination. Section 
4(b)(1)(A) of the Act directs that determinations as to whether any 
species is an endangered or threatened species must be made ``solely on 
the basis of the best scientific and commercial data available.''
    You may submit your information concerning this status review by 
one of the methods listed in ADDRESSES. If you submit information via 
http://www.regulations.gov, your entire submission--including any 
personal identifying information--will be posted on the Web site. If 
you submit a hardcopy that includes personal identifying information, 
you may request at the top of your document that we withhold this 
personal identifying information from public review. However, we cannot 
guarantee that we will be able to do so. We will post all hardcopy 
submissions on http://www.regulations.gov.
    Information and supporting documentation that we received and used 
in preparing this finding is available for you to review at http://www.regulations.gov, or you may make an appointment during normal 
business hours at the U.S. Fish and Wildlife Service, Sacramento Fish 
and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Background

    Section 4(b)(3)(A) of the Act (16 U.S.C. 1533(b)(3)(A)) requires 
that we make a finding on whether a petition to list, delist, or 
reclassify a species presents substantial scientific or commercial 
information indicating that the petitioned action may be warranted. We 
are to base this finding on information provided in the petition, 
supporting information submitted with the petition, and information 
otherwise available in our files. To the maximum extent practicable, we 
are to make this finding within 90 days of our receipt of the petition 
and publish our notice of the finding promptly in the Federal Register.
    Our standard for substantial scientific or commercial information 
within the Code of Federal Regulations (CFR) 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'' (50 CFR 424.14(b)). If we find that substantial 
scientific or commercial information was presented, we are required to 
promptly conduct a species status review, which we subsequently 
summarize in our 12-month finding.
    Section 4(c)(2)(A) of the Act requires that we conduct a review of 
listed species at least once every 5 years. We are then, under section 
4(c)(2)(B), to determine, on the basis of such a review, whether or not 
any species should be removed from the List (delisted), or reclassified 
from endangered to threatened, or threatened to endangered. Our 
regulations at 50 CFR 424.21 require that we publish a notice in the 
Federal Register announcing those species currently under active 
review. This notice announces our active review of the valley 
elderberry longhorn beetle.

Petition History

    On September 10, 2010, we received a petition dated September 9, 
2010, from The Pacific Legal Foundation, requesting the Service to 
delist the valley elderberry longhorn beetle (Desmocerus californicus 
dimorphus) based on the analysis and recommendation contained in the 
most recent 5-year review for the species. The petition clearly 
identified itself as such and included the requisite identification 
information for the petitioner, as required by 50 CFR 424.14(a). This 
finding addresses the petition.

Previous Federal Actions

    The valley elderberry longhorn beetle was proposed as a threatened 
subspecies with critical habitat on August 10, 1978 (43 FR 35636). A 
rule re-proposing critical habitat was issued on May 2, 1980 (45 FR 
29373), to comply with amendments made to the Act. A final rule listing 
the beetle as threatened and designating critical habitat was published 
in the Federal Register on August 8, 1980 (45 FR 52803). On June 28, 
1984, a final recovery plan was approved for the beetle (Service 1984, 
pp. 1-62). On July 7, 2005, we announced in the Federal Register that 
we were initiating 5-year reviews for 31 listed species, including the 
beetle (70 FR 39327). Information from the public was accepted until 
September 6, 2005. On November 3, 2005, we announced in the Federal 
Register an extension of the period for submitting information to be 
considered in the 5-year review to January 3, 2006 (70 FR 66842). A 5-
year review was completed for the beetle on September 26, 2006 (Service 
2006), and was announced in the Federal Register on February 14, 2007 
(72 FR 7064). Additional information regarding previous Federal actions 
for the beetle can be obtained by consulting the species' regulatory 
profile found at: http://ecos.fws.gov/species or the Sacramento Fish 
and Wildlife Office Web site at: http://fws.gov/sacramento/ sacramento/.

Species Information

    The valley elderberry longhorn beetle (Desmocerus californicus 
dimorphus) is a medium-sized red and dark green (to red and black) 
insect approximately 0.8 inches (in.) (2 centimeters (cm)) long. It is 
endemic to the Central Valley of California (Fisher 1921, p. 207; Doane 
et al. 1936, p. 178; Linsley and Chemsak 1972, p. 7). The similar-
looking California elderberry longhorn beetle (Desmocerus californicus 
californicus) is primarily known from coastal regions of California 
(Collinge et al. 2001, p. 104). The ranges of the two subspecies may 
abut or overlap along the foothills of the eastern Coast Range and the 
southern San Joaquin Valley (Talley et al. 2006, p. 5). Beetles meeting 
the description of the California elderberry longhorn beetle have also 
been recorded in the Sierra Nevada foothills as far north as Mariposa 
County (Halstead and Oldham 2000, p. 74-75), suggesting that the ranges 
of the two subspecies may also abut or overlap in that area.
    The beetle is a wood borer, dependent on, and found only in 
association with, its host plant, the elderberry (Sambucus species of 
the Caprifoliaceae [honeysuckle] family) (Barr 1991, p. 4; Collinge et 
al. 2001, p.104). The elderberry is a common shrub component of 
riparian forests and adjacent uplands along river corridors of the 
Central Valley (Hickman 1993, pp. 474-475; Sawyer and Keeler-Wolf 1995, 
pp. 171, 229; Halstead and Oldham 2000, p. 74). Adult beetles feed on 
elderberry nectar, flowers, and foliage, and are generally active from 
March through June (Eng 1984, p. 916; Barr 1991, p. 4; Collinge et al. 
2001, p. 105). They are uncommon (see discussion of population sizes, 
below) and rarely observed, despite their relatively large size and 
conspicuous coloration.
    The females lay eggs, singly or in small groups, on the leaves or 
stems of living elderberry shrubs (Barr 1991, p. 4). The larvae hatch 
in a few days and bore into living stems that are at least 2.5 cm (1 
in.) in diameter. The larvae remain within the elderberry stem, feeding 
on the pith (dead woody material) until they complete their 
development. Each larva creates its own gallery (set of tunnels) within 
the stem

[[Page 51931]]

by feeding (Talley et al. 2006, pp. 8-9). The larva eventually cuts an 
exit hole out of the stem, but plugs the hole up again from within 
using wood shavings. This will allow the beetle to eventually exit the 
stem after it has become an adult, since the adults are not wood 
borers. The larva remains within the stem, becomes a pupa, and finally 
emerges from its single exit hole as an adult between mid-March and 
mid-June (Lang et al. 1989, p. 242; Barr 1991, p. 5; Talley et al. 
2006, p. 9). There is thus one exit hole per larva. The complete life 
cycle is thought to take either 1 or 2 years (depending on the amount 
of time the larva stays in the elderberry stem), with adults always 
emerging in the spring. Adults live from a few days to a few weeks 
after emerging, during which time they mate and lay their eggs (Talley 
et al. 2006, p. 7).

Evaluation of Information for This Finding

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations at 50 CFR part 424 set forth the procedures for adding a 
species to, or removing a species from, the Federal Lists of Endangered 
and Threatened Wildlife and Plants. A species may be determined to be 
an endangered or threatened species due to one or more of the five 
factors described in section 4(a)(1) of the Act:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    We must consider these same five factors in delisting a species. We 
may delist a species according to 50 CFR 424.11(d) if the best 
available scientific and commercial data indicate that the species is 
neither endangered nor threatened for the following reasons:
    (1) The species is extinct;
    (2) The species has recovered and is no longer endangered or 
threatened; or
    (3) The original scientific data used at the time the species was 
classified were in error.
    In making this 90-day finding, we evaluated whether information 
regarding threats to the valley elderberry longhorn beetle, as 
presented in the petition and other information available in our files, 
is substantial, thereby indicating that the petitioned action may be 
warranted. Our evaluation of this information is presented below.

Information Provided in the Petition

    The petitioner requested the Service to delist the valley 
elderberry longhorn beetle based on the analysis and recommendation 
contained in the most recent 5-year review of the species. The 
petitioner cited the 5-year review as supporting information for the 
petition.

Evaluation of Information Provided in the Petition and Available in 
Service Files

    The 2006 5-year review for the valley elderberry longhorn beetle 
contains general background and life-history information, overview of 
recovery criteria, an analysis of threats specific to the species based 
on the five listing factors in section 4 the Act. The petitioner cited 
the 5-year review as supporting information for the petition, but 
provided no other information. In the 5-year review conducted for the 
species, we analyzed the threats based on the five listing factors in 
section 4 of the Act; we hereby cite and incorporate by reference the 
data and recommendation in the 5-year review for the species (Service 
2006, entire). Accordingly, we have already previously evaluated 
information regarding threats as presented in the petition (see the 
2006 5-year review for the species on http://www.regulations.gov or 
http://www.fws.gov/endangered/). Based on the analysis and 
recommendation contained in the 5-year review for the valley elderberry 
longhorn beetle, we conclude that the petition and information in our 
files represent substantial information indicating that the petitioned 
action may be warranted.
    The primary rationale for the recommendation in the 2006 5-year 
review to delist the valley elderberry longhorn beetle was that the 
number of known occupied localities had increased from less than 10 at 
the time of listing in 1980 to more than 190 in 2006. Loss of riparian 
habitat slowed throughout the Central Valley, and there were a number 
of programs and regulatory mechanisms in existence to protect habitat. 
Specifically, protection of more than 50,000 acres (ac) (20,234 
hectares (ha)) had been accomplished, and restoration of habitat had 
occurred on more than 5,100 ac (2,064 ha). Therefore, the Service 
recommended delisting the valley elderberry longhorn beetle.
    Any additional information we receive in response to this finding 
will be incorporated into our status review.

Finding

    On the basis of our determination under section 4(b)(3)(A) of the 
Act, we have determined that the petition presents substantial 
scientific or commercial information indicating that delisting the 
valley elderberry longhorn beetle may be warranted. This finding is 
based on information provided in our analysis of the threats to the 
species contained in the 2006 5-year review for the species.
    Because we have found that the petition presents substantial 
information indicating that delisting may be warranted, we are 
initiating a status review for the valley elderberry longhorn beetle to 
determine whether the petitioned action of delisting is warranted.
    The ``substantial information'' standard for a 90-day finding 
differs from the Act's ``best scientific and commercial data'' standard 
that applies to a status review to determine whether a petitioned 
action is warranted. A 90-day finding does not constitute a status 
review under the Act. We will complete a thorough status review of the 
species following a substantial 90-day finding. In the resulting 12-
month finding, we will determine whether a petitioned action is 
warranted. Because the Act's standards for 90-day and 12-month findings 
are different, as described above, a substantial 90-day finding does 
not mean that the 12-month finding will result in a warranted finding.

References Cited

    A complete list of references cited is available on the Internet at 
http://www.regulations.gov and upon request from the Sacramento Fish 
and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Author

    The primary authors of this notice are the staff members of the 
Sacramento Fish and Wildlife Offices (see FOR FURTHER INFORMATION 
CONTACT).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: August 4, 2011.
David Cottingham,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-21201 Filed 8-18-11; 8:45 am]
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