[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Proposed Rules]
[Pages 49045-49047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19560]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2014-0025; 4500030113]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition To List the Island Marble Butterfly as an Endangered Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition finding and initiation of status review.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce our 90-day 
finding on a petition To list the island marble butterfly (Euchloe 
ausonides insulanus) as an endangered species under the Endangered 
Species Act of 1973 (Act), as amended. Based on our review, we find 
that the petition presents substantial scientific or commercial data 
indicating that the petitioned action may be warranted. Therefore, with 
the publication of this document, we are notifying the public that when 
resources become available, we will be conducting a review of the 
status of this subspecies to determine if the petitioned action is 
warranted. In order to assure that the best scientific and commercial 
data informs the status review and, if warranted, the subsequent 
listing determination, and to provide an opportunity for all interested 
parties to provide information for consideration for the status review, 
we are requesting information regarding the island marble butterfly. 
Based on the results of our status review, we will issue a 12-month 
finding on the petition, 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 the status review, we 
request that we receive information no later than December 31, 2016. 
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 docket number FWS-R1-ES-
2014-0025. 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 U.S. mail: Public Comments Processing, Attn: FWS-R1-ES-2014-
0025; U.S. Fish and Wildlife Service Headquarters, MS: BPHC, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.
    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).

FOR FURTHER INFORMATION CONTACT: Tom McDowell, Washington Fish and 
Wildlife Office, 510 Desmond Drive, Lacey, WA 98503; telephone 360-753-
9440; facsimile 360-534-9331. Persons who use a telecommunications 
device for the deaf (TDD) may 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; 
also commonly referred to as a ``12-month finding''). For the status 
review to be complete and based on the best available scientific and 
commercial data, we request information on the island marble butterfly 
from governmental agencies, Native American tribes, the scientific 
community, industry, and any other interested parties. We seek 
information on:
    (1) The subspecies' biology, range, and population trends, 
including:
    (a) Habitat requirements;
    (b) Genetics and taxonomy, with particular regard to the validity 
of the subspecies classification for Euchloe ausonides insulanus;
    (c) Historical and current range, including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends;

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    (e) Any relevant aspects of the life history or behavior of the 
island marble butterfly that has not yet been documented; and
    (f) Past and ongoing conservation measures for the subspecies, 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 Endangered 
Species Act of 1973 (Act), as amended (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 this subspecies or 
its habitat.
    (4) Actions taken by landowners that would provide conservation 
benefits (short-term and long-term; e.g., the maintenance of home 
gardens with the requisite host or nectar plants to support the island 
marble butterfly in various life stages throughout the year) to the 
island marble butterfly.
    If, after the status review, we determine that listing is 
warranted, we will propose critical habitat (see definition in section 
3(5)(A) of the Act) under section 4 of the Act, to the maximum extent 
prudent and determinable at the time we propose to list the subspecies. 
Therefore, we also request data and information for the island marble 
butterfly on:
    (1) What may constitute ``physical or biological features essential 
to the conservation of the species,'' within the geographical range 
occupied by the subspecies;
    (2) Where these features are currently found;
    (3) Whether any of these features may require special management 
considerations or protection;
    (4) Specific areas outside the geographical area occupied by the 
subspecies that are ``essential for the conservation of the species''; 
and
    (5) What, if any, critical habitat you think we should propose for 
designation if the subspecies is proposed for listing, and why such 
habitat meets the requirements of section 4 of the Act.
    Please include sufficient information with your submission (such as 
copies or 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 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 this status review 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 Washington Fish and Wildlife 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, 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 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 
an endangered or threatened species 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 an endangered or threatened 
species under the Act.

Review of Petition To List the Island Marble Butterfly as an Endangered 
Species Under the Act

    Additional information regarding our review of this petition can be 
found at http://www.regulations.gov under Docket No. FWS-R1-ES-2014-
0025 in the document labeled Appendix for Island Marble Butterfly.

Species and Range

    This petition concerns the island marble butterfly (Euchloe 
ausonides insulanus), with a range in San Juan Island and Lopez Island, 
Washington, U.S.A.

Petition History

    On December 11, 2002, we received a petition dated December 10, 
2002, requesting that we emergency list the island marble butterfly as 
an endangered species, and that we designate critical habitat 
concurrently with the listing. On February 13, 2006, we published a 90-
day finding in the Federal Register (71 FR 7497) concluding that the 
petition presented substantial scientific information

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indicating that listing the island marble butterfly may be warranted. 
On November 14, 2006, we published a notice of 12-month petition 
finding, concluding that the island marble butterfly did not warrant 
listing (71 FR 66292). Please see that 12-month finding for a complete 
summary of all previous Federal actions for this species.
    On August 24, 2012, we received a petition dated August 22, 2012, 
from the Xerces Society for Invertebrate Conservation, requesting that 
the island marble butterfly be listed as an endangered species under 
the Act. The petition requested an emergency listing and emergency 
critical habitat designation. 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 our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that listing may be warranted for the 
island marble butterfly under section 4(a)(1) of the Act, based on 
factors A, C, and E (see Appendix for the Island Marble Butterfly). We 
therefore request 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).
    Our review of the petition does not indicate that an emergency 
situation exists. However, if at any time conditions change and we 
determine emergency listing is necessary, an emergency rule may be 
developed.

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 petition 
presents substantial scientific or commercial information indicating 
that listing the island marble butterfly as an endangered species may 
be warranted, and we are initiating a status review to determine 
whether this action is warranted. At the conclusion of our status 
review, we will issue a 12-month finding in accordance with section 
4(b)(3)(B) of the Act. In that 12-month finding, the Service may: 
decide that the petitioned action is not warranted; decide that the 
petitioned action is warranted, but precluded; or decide that the 
petitioned action is warranted, and if so, promptly publish a proposed 
rule.
    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 the island marble 
butterfly (FWS-R1-ES-2014-0025) contains the relevant appendix 
mentioned above. This appendix contains a complete list of references 
cited. The appendix is also available upon request from the Washington 
Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this notice are the staff members of the 
Washington Fish and Wildlife Office, 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: August 5, 2014.
David Cottingham,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-19560 Filed 8-18-14; 8:45 am]
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