[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Proposed Rules]
[Pages 3559-3562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01184]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2013-0121; FWS-HQ-ES-2013-0122; FWS-HQ-ES-2013-
0123; FWS-HQ-ES-2013-0124; FWS-HQ-ES-2013-0125: 450 003 0115]


Endangered and Threatened Wildlife and Plants; 90-Day Findings on 
Five Petitions

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition findings and initiation of status reviews.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on five petitions to list 19 species as endangered or 
threatened, under the Endangered Species Act of 1973, as amended (Act). 
Based on our review, we find that these petitions present substantial 
scientific or commercial information indicating that the petitioned 
actions may be warranted. Therefore, with the publication of this 
notice, we are initiating a review of the status of these species to 
determine if the petitioned actions are warranted. In order to assure 
that the best scientific and commercial data informs the status review 
and, if warranted, the subsequent listing determinations, and to 
provide an opportunity for all interested parties to provide 
information for consideration for the status assessment, we are 
requesting information regarding these species (see Request for 
Information below). Based on the status reviews, we will issue 12-month 
findings on the petitions, which will address whether the petitioned 
action is warranted, as provided in section 4(b)(3)(B) of the Act.

DATES: To allow us adequate time to conduct these status reviews, we 
request that we receive information no later than March 24, 2014. 
Information submitted electronically using the Federal eRulemaking 
Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern 
Time on the closing date.

ADDRESSES: You may submit information by one of the following methods:
     (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter the appropriate docket 
number (see table, below). You may submit information by clicking on 
``Comment Now!'' If your information will fit in the provided comment 
box, please use this feature of http://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 or hand-delivery to: Public 
Comments Processing, Attn: [Insert appropriate docket number; see 
table, below]; Division of Policy and Directives Management; U.S. Fish 
and Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 
22203.
    We request that you send information only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Request for Information).

------------------------------------------------------------------------
             Species                             Docket No.
------------------------------------------------------------------------
15 foreign bats..................  FWS-HQ-ES-2013-0121
Emperor penguin..................  FWS-HQ-ES-2013-0122
Flores hawk-eagle................  FWS-HQ-ES-2013-0123
Ridgway's hawk...................  FWS-HQ-ES-2013-0124
Virgin Islands coqu[iacute]......  FWS-HQ-ES-2013-0125
------------------------------------------------------------------------


FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of 
Foreign Species, Ecological Services Program, U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203; 
telephone 703-358-2171; facsimile 703-358-1735. If you use a 
telecommunications device for the deaf (TDD), please 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 listing 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 these 
species from governmental agencies, Native American tribes, the 
scientific community, industry, and any other

[[Page 3560]]

interested parties. We seek information on:
    (1) The species' biology, range, and population trends, including:
    (a) Habitat requirements;
    (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 
determination for a species under section 4(a)(1) of the Act (16 U.S.C. 
1531 et seq.), which 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''); or
    (e) Other natural or manmade factors affecting its continued 
existence (``Factor E'').
    (3) The potential effects of climate change on these species or 
their habitats.
    (4) We also seek the following species-specific information:
    (a) For the Armenian whiskered bat (Myotis hajastanicus),
     Population surveys;
     Habitat requirements;
     Quality of forested habitat surrounding Lake Sevon, 
Armenia; and
     Information on current restoration efforts on and around 
Lake Sevon, Armenia.
    (b) For the Flores hawk-eagle (Spizaetus floris),
     Information on habitat loss, including the impact of 
illegal logging and urban expansion on habitat, and the impact of El 
Ni[ntilde]o forest fires from 1997-1998 on monsoon forest habitat in 
Lesser Sundas Islands (Nusa Tenggara); and
     Information on intentional killing of the species, 
particularly statistics on international trade in Flores hawk-eagles.
    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.
    Submissions merely stating support for or opposition to the actions 
under consideration without providing supporting information, although 
noted, will not 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 these status reviews by 
one of the methods listed in the ADDRESSES section. 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 will be available for you to review at http://www.regulations.gov, or you may make an appointment during normal 
business hours at the appropriate lead U.S. Fish and Wildlife Service 
Office (see FOR FURTHER INFORMATION CONTACT).

Background

    Section 4(b)(3)(A) of the Act requires that we make a finding on 
whether a petition to list 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 and supporting information submitted with the petition. 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 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 
commence a review of the status of the species, which will be 
subsequently summarized in our 12-month 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 (see Request for 
Information).
    In considering what factors might constitute threats, we must look 
beyond the exposure of the species to a factor to evaluate whether the 
species may respond to the factor in a way that causes actual impacts 
to the species. If there is exposure to a factor and the species 
responds negatively, the factor may be a threat and, during the status 
review, we attempt to determine how significant a threat it is. The 
threat is significant if it drives, or contributes to, the risk of 
extinction of the species such that the species may warrant listing as 
endangered or threatened as those terms are defined in the Act. 
However, the identification of factors that could impact a species 
negatively may not be sufficient to compel a finding that the 
information in the petition and our files is substantial. The 
information must include evidence sufficient to suggest that these 
factors may be operative threats that act on the species to the point 
that the species may meet the definition of endangered or threatened 
under the Act.

Review of Petition To List 15 Bat Species as Endangered or Threatened 
Under the Act

    Additional information regarding our review of this petition can be 
found at http://www.regulations.gov under Docket No. FWS-HQ-ES-2013-
0121 in the document labeled Appendices for 15 Foreign Bats.

Species and Range

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          Common name(s)              Scientific name                             Range
----------------------------------------------------------------------------------------------------------------
Armenian myotis, Armenian          Myotis hajastanicus.  Armenia.
 whiskered bat.
Aru flying fox...................  Pteropus aruensis...  Aru Islands, Indonesia.
Bonin flying fox.................  Pteropus pselaphon..  Japan.
Christmas Island pipistrelle.....  Pipistrellus murrayi  Christmas Island, Australia.
Cuban greater funnel-eared bat...  Natalus primus......  Cuba.
Greater monkey-faced bat.........  Pteralopex flanneryi  Papua New Guinea.

[[Page 3561]]

 
Hill's horseshoe bat.............  Rhinolophus hilli...  Rwanda.
Jamaican greater funnel-eared bat  Natalus jamaicensis.  Jamaica.
Lamotte's roundleaf bat..........  Hipposideros          Guinea, Liberia, and C[ocirc]te d'Ivoire.
                                    lamottei.
Lord Howe long-eared bat.........  Nyctophilus howensis  Australia.
Montane monkey-faced bat.........  Pteralopex pulchra..  Solomon Island.
Negros naked-backed fruit bat,     Dobsonia chapmani...  Philippines.
 Philippine bare-backed fruit bat.
New Caledonia long-eared bat.....  Nyctophilus           New Caledonia.
                                    nebulosus.
New Zealand greater short-tailed   Mystacina robusta...  New Zealand.
 bat.
Paraguayan mustached bat.........  Pteronotus            Venezuela.
                                    paraguanensis.
----------------------------------------------------------------------------------------------------------------

Petition History

    On October 25, 2010, we received a petition dated October 25, 2010, 
from WildEarth Guardians, requesting that 15 species of bats be listed 
as endangered or threatened 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(a). This 
finding addresses the petition.

Finding

    Based on information provided in the petition, in the sources cited 
in the petition, and available in our files, we find that the petition 
presents substantial scientific or commercial information indicating 
that the petitioned action may be warranted for all 15 species under 
section 4(a)(1) of the Act:
     Armenian myotis based on factors D and E (see Appendix A);
     Aru flying fox based on factor E (see Appendix B);
     Bonin flying fox based on factor E (see Appendix C);
     Christmas Island pipistrelle based on factors A, C, D, and 
E (see Appendix D);
     Cuban greater funnel-eared bat based on factors A and E 
(see Appendix E);
     Greater monkey-faced bat based on factors A and D (see 
Appendix F);
     Hill's horseshoe bat based on factor A and D (see Appendix 
G);
     Jamaican greater funnel-eared bat based on factors A, D, 
and E (see Appendix H);
     Lamotte's roundleaf bat based on factors A, D, and E (see 
Appendix I);
     Lord Howe long-eared bat based on factor E (see Appendix 
J);
     Montane monkey-faced bat based on factors A, D, and E (see 
Appendix K);
     Negros naked-backed fruit bat/Philippine bare-backed fruit 
bat based on factors A, B, D, and E (see Appendix L);
     New Caledonia long-eared bat based on factors A and E (see 
Appendix M);
     New Zealand greater short-tailed bat based on factors C 
and E (see Appendix N); and
     Paraguayan mustached bat based on factors A, D, and E (see 
Appendix O).
    Thus, for each of these species, the Service requests information 
on the five listing factors under section 4(a)(1) of the Act, including 
the factors identified in this finding (See REQUEST FOR INFORMATION).

Review of Petition To List the Emperor Penguin as Endangered or 
Threatened Under the Endangered Species Act

    Additional information regarding our review of this petition can be 
found at http://www.regulations.gov under Docket No. FWS-HQ-ES-2013-
0122 in the document labeled Appendix for the Emperor Penguin.

Species and Range

    This petition concerns the emperor penguin (Aptenodytes forsteri), 
with a range in Antarctica.

Petition History

    On December 5, 2011, we received a petition dated November 28, 
2011, from Center for Biological Diversity requesting that the emperor 
penguin be listed as endangered or threatened under the Act. 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 this petition.

Finding

    Based on our review of the information provided in the petition, in 
the sources cited in the petition, and available in our files, we find 
that the petition presents substantial scientific or commercial 
information indicating that the petitioned action may be warranted for 
the emperor penguin based on factors A, D, and E.
    Thus, for the emperor penguin, the Service requests information on 
the five listing factors under section 4(a)(1) of the Act, including 
the factors identified in this finding (See REQUEST FOR INFORMATION).

Review of Petition To List the Flores Hawk-Eagle as Endangered or 
Threatened Under the Endangered Species Act

    Additional information regarding our review of this petition can be 
found at http://www.regulations.gov under Docket No. FWS-HQ-ES-2013-
0123 in the document labeled Appendix for the Flores Hawk-eagle.

Species and Range

    This petition concerns the Flores hawk-eagle (Spizaetus floris), 
with a range in Indonesia.

Petition History

    On October 6, 2011, we received a petition, dated September 30, 
2011, from WildEarth Guardians requesting that the Flores hawk-eagle be 
listed as endangered or threatened under the Act. The petition clearly 
identified itself as such and included the requisite identification 
information for the petitioner, as required by 50 CFR 424.14(a). In a 
December 20, 2011, letter to the petitioner, we responded that we 
reviewed the information presented in the petition and did not find 
that the petition warranted an emergency listing. This finding 
addresses the petition.

Finding

    Based on our review of the information provided in the petition, in 
the sources cited in the petition, and readily available in our files, 
we find that the petition presents substantial scientific or commercial 
information indicating that the petitioned action may be warranted for 
the Flores hawk-eagle based on factors A, B, D, and E.
    Thus, for the Flores hawk-eagle, the Service requests information 
on the five listing factors under section 4(a)(1) of the Act, including 
the factors identified in this finding (See REQUEST FOR INFORMATION).

Review of Petition To List Ridgway's Hawk as Endangered or Threatened 
Under the Endangered Species Act

    Additional information regarding our review of this petition can be 
found at http://www.regulations.gov under

[[Page 3562]]

Docket No. FWS-HQ-ES-2013-0124 in the document labeled Appendix for 
Ridgway's Hawk.

Species and Range

    This petition concerns the Ridgway's hawk (Buteo ridgwayi), with a 
range in the Dominican Republic.

Petition History

    On October 6, 2011, we received a petition dated September 28, 
2011, from WildEarth Guardians requesting that Ridgway's hawk be listed 
as endangered or threatened under the Act. The petition clearly 
identified itself as such and included the requisite identification 
information for the petitioner, as required by 50 CFR 424.14(a). In a 
December 20, 2011, letter to the petitioner, we responded that we were 
currently required to complete a significant number of listing and 
critical habitat actions by the end of Fiscal Year 2016 pursuant to 
court orders, judicially approved settlement agreements, and other 
statutory deadlines, and we may conduct a review of the petition prior 
to Fiscal Year 2016 should budget and workload permit. This finding 
addresses the petition.

Finding

    Based on our review of the information provided in the petition, in 
the sources cited in the petition, and readily available in our files, 
we find that the petition presents substantial scientific or commercial 
information indicating that the petitioned action may be warranted for 
the Ridgway's hawk based on factors A, D, and E.
    Thus, for the Ridgeway's hawk, the Service requests information on 
the five listing factors under section 4(a)(1) of the Act, including 
the factors identified in this finding (See REQUEST FOR INFORMATION).

Review of Petition To List the Virgin Islands Coqu[iacute] as 
Endangered or Threatened Under the Endangered Species Act

    Additional information regarding our review of this petition can be 
found at http://www.regulations.gov under Docket No. FWS-HQ-ES-2013-
0125 in the document labeled Appendix for the Virgin Island 
Coqu[iacute].

Species and Range

    This petition concerns the Virgin Islands coqu[iacute] 
(Eleutherodactylus schwartzi), with a range in the British Virgin 
Islands.

Petition History

    On October 6, 2011, we received a petition dated September 28, 
2011, from WildEarth Guardians requesting that the Virgin Islands 
coqu[iacute] be listed as endangered or threatened under the Act. The 
petitioner also requested designation of critical habitat in the U.S. 
Virgin Islands. The petition clearly identified itself as such and 
included the requisite identification information for the petitioner, 
as required by 50 CFR 424.14(a). In a December 20, 2011, letter to the 
petitioner, we responded that we were currently required to complete a 
significant number of listing and critical habitat actions by the end 
of Fiscal Year 2016 pursuant to court orders, judicially approved 
settlement agreements, and other statutory deadlines, and we may 
conduct a review of the petition prior to Fiscal Year 2016 should 
budget and workload permit. This finding addresses the petition.

Finding

    Based on our review of the information provided in the petition, in 
the sources cited in the petition, and readily available in our files, 
we find that the petition presents substantial scientific or commercial 
information indicating that the petitioned action may be warranted for 
the Virgin Islands coqu[iacute] based on factors A, C, and D.
    Thus, for the Virgin Island coqu[iacute], the Service requests 
information on the five listing factors under section 4(a)(1) of the 
Act, including the factors identified in this finding (See REQUEST FOR 
INFORMATION).

Conclusion

    On the basis of our evaluation of the information presented under 
section 4(b)(3)(A) of the Act, we have determined that the petitions 
summarized above present substantial scientific or commercial 
information indicating that the requested actions may be warranted and 
are initiating status reviews to determine whether these actions under 
the Act are warranted. At the conclusion of the status reviews, we will 
issue 12-month findings in accordance with section 4(b)(3)(B) of the 
Act, as to whether or not listing is warranted.
    It is important to note that 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. In a 12-month 
finding, we will determine whether a petitioned action is warranted 
after we have completed a thorough review of the species. 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

    On http://www.regulations.gov, the docket for each species or group 
of species (see table under ADDRESSES) contains the relevant appendix 
or appendices mentioned above. Each appendix contains a complete list 
of references cited. Each appendix is also available upon request from 
the Branch of Foreign Species (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this notice are the staff members of the 
Branch of Foreign Species, Ecological Services Program, U.S. Fish and 
Wildlife Service (see FOR FURTHER INFORMATION CONTACT).

Authority

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

    Dated: January 8, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-01184 Filed 1-21-14; 8:45 am]
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