[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Proposed Rules]
[Pages 35698-35701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13120]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket Nos. FWS-R3-ES-2016-0061; FWS-R2-ES-2016-0062] 4500030115


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

AGENCY: Fish and Wildlife Service, Interior.

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

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on two petitions to list or delist wildlife under the 
Endangered Species Act of 1973, as amended (Act). Based on our review, 
we find that one petition, which requests that we remove the golden-
cheeked warbler from the Federal List of Endangered and Threatened 
Wildlife, does not present substantial scientific or commercial 
information indicating that the petitioned action may be warranted, and 
we are not initiating a status review in response to this petition. We 
refer to this as a ``not-substantial petition finding.'' We also find 
that the other petition, which requests that we list the U.S. 
population of northwestern moose (Alces alces andersoni) as an 
endangered or threatened distinct population segment (DPS), presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted. Therefore, with the publication of 
this document, we are initiating a review of the status of this 
population to determine if the petitioned action is warranted. To 
ensure that this status review is comprehensive, we are requesting 
scientific and commercial data and other information regarding this 
subspecies. Based on the 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 August 2, 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: Not-substantial petition finding: The not-substantial 
petition finding for the golden-cheeked warbler is available on http://www.regulations.gov under the docket number FWS-R2-ES-2016-0062. 
Supporting information in preparing this finding is available for 
public inspection, by appointment, during normal business hours by 
contacting the appropriate person, as specified under FOR FURTHER 
INFORMATION CONTACT.
    Status review: You may submit information on the U.S. population of 
northwestern moose (Alces alces andersoni) by one of the following 
methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter the docket number: FWS-
R3-ES-2016-0061. 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: FWS-R3-ES-2016-0061; U.S. Fish and Wildlife 
Service,

[[Page 35699]]

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 information received 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: For information on the golden-cheeked 
warbler, contact Adam Zerrenner, [email protected], or 512-490-
0057. For information on the U.S. population of northwestern moose 
(Alces alces andersoni), contact John JaKa, [email protected], 612-
713-5350.
    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, reclassification, or 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 data 
available, we request information on these species from governmental 
agencies, Native American Tribes, the scientific community, industry, 
and any other interested parties. We seek information on:
    (1) The biology, range, and population trends of the U.S. 
population of northwestern moose (Alces alces andersoni), 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 subspecies, its 
habitat, or both.
    (2) The factors that are the basis for making a listing, 
reclassification, or delisting determination for a species under 
section 4(a) 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 this subspecies and 
its habitat.
    (4) Additional evidence of discreteness, with respect to the 1996 
DPS Policy (61 FR 4722, February 7, 1996), regarding the status of the 
U.S. population of northwestern moose (Alces alces andersoni) 
satisfying one or both of the following conditions:
    (a) It is markedly separated from other populations of the same 
taxon as a consequence of physical, physiological, ecological, or 
behavioral factors. Quantitative measures of genetic or morphological 
discontinuity may provide evidence of this separation.
    (b) It is delimited by international governmental boundaries within 
which differences in control of exploitation, management of habitat, 
conservation status, or regulatory mechanisms exist that are 
significant in light of section 4(a)(1)(D) of the Act.
    (5) Additional evidence of significance regarding the status of 
U.S. population of northwestern moose (Alces alces andersoni) 
including, but not limited to:
    (a) Persistence of the discrete population segment in an ecological 
setting unusual or unique for the taxon,
    (b) Evidence that loss of the discrete population segment would 
result in a significant gap in the range of a taxon, or
    (c) Evidence that the discrete population segment differs markedly 
from other populations of the species in genetic characteristics.
    If, after the status review, we determine that listing is 
warranted, we will propose critical habitat (see definition at section 
3(5)(A) of the Act) for domestic (U.S.) species under section 4 of the 
Act, to the maximum extent prudent and determinable at the time we 
propose to list the species. Therefore, we also request data and 
information for the U.S. population of northwestern moose (Alces alces 
andersoni) on:
    (6) What may constitute ``physical or biological features essential 
to the conservation of the species,'' within the geographical range 
occupied by the subspecies;
    (7) Where these features are currently found;
    (8) Whether any of these features may require special management 
considerations or protection;
    (9) Specific areas outside the geographical area occupied by the 
subspecies that are ``essential for the conservation of the species''; 
and
    (10) What, if any, critical habitat you think we should propose for 
designation if the subspecies is proposed for listing, such as:
    (a) Why these habitats meet the requirements of section 4 of the 
Act; and
    (b) Any probable economic, national security, or other relevant 
impacts of designating any area that may be included in the proposed 
designation, and the benefits of including or excluding areas that 
exhibit these impacts.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications, and citations to 
specific pages) 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 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 will be available for you to review at http://www.regulations.gov, or you may make an appointment during normal 
business hours by contacting the appropriate person listed under FOR 
FURTHER INFORMATION CONTACT, above.

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. To the maximum extent practicable, 
we are to make this finding within 90 days of our receipt of the 
petition and

[[Page 35700]]

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 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 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 (2) under Request For 
Information, above).
    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 one or more of 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 or commercial data used at the time the 
species was classified, or the interpretation of such data, were in 
error.
    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. However, the 
identification of factors that could affect a species negatively 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. Therefore, during the subsequent 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. The 
information presented in the petition 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.

Evaluation of a Petition To Remove the Golden-Cheeked Warbler From the 
List of Endangered and Threatened Wildlife

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2016-0062 under the Supporting Documents section.

Species and Range

    Golden-cheeked warbler (Dendroica chrysoparia =Setophaga 
chrysoparia, hereafter warbler), a migratory songbird breeding 
exclusively in Texas, and wintering in the highlands of Mexico 
(Chiapas) and Central America (Guatemala, Honduras, Nicaragua, 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 be removed from the Federal List of Endangered 
and Threatened Wildlife (``delisted'') 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 at 50 CFR 424.14(a).
    On December 11, 2015, we received supplemental information from the 
petitioners that included additional published studies and an 
unpublished report. These studies, as well as others known to the 
Service and in our files at the time the supplement was received, were 
considered, as appropriate, in this finding. This finding addresses the 
petition.

Finding

    Based on our review of the petition, sources cited in the petition, 
and information in our files, we find that the petition does not 
provide substantial scientific or commercial information indicating 
that the petitioned action may be warranted. No new 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. The golden-cheeked warbler has 
not been recovered, and due to ongoing, widespread destruction of its 
habitat, the species continues to be in danger of extinction throughout 
its range (Service 2014, p. 15).
    Because the petition does not present substantial information 
indicating that delisting the golden-cheeked warbler may be warranted, 
we are not initiating a status review in response to this petition. Our 
explanation for this finding can be found as an appendix at http://www.regulations.gov under Docket No. FWS-R2-ES-2016-0062 under the 
Supporting Documents section. However, we ask that the public submit to 
us any new information that becomes available concerning the status of, 
or threats to, the golden-cheeked warbler or its habitat at any time 
(see FOR FURTHER INFORMATION CONTACT).

Evaluation of a Petition To List the U.S. Population of Northwestern 
Moose (Alces alces andersoni) as an Endangered or Threatened Distinct 
Population Segment (DPS)

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R3-ES-2016-0061 under the Supporting Documents section.

Species and Range

    U.S. population of northwestern moose (Alces alces andersoni); 
Michigan (Upper Peninsula), Minnesota, North Dakota, and Wisconsin.

Petition History

    We received a petition dated July 9, 2015, from the Center for 
Biological Diversity and Honor the Earth, requesting that we list the 
U.S. population of northwestern moose (Alces alces andersoni) 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 our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for the U.S. population of the northwestern moose (Alces 
alces andersoni) based on factors A, C, D, and E.
    Our explanation for this finding can be found as an appendix at 
http://www.regulations.gov under Docket No. FWS-R3-ES-2016-0061 under 
the Supporting Documents section. Thus, for the U.S. population of 
northwestern moose (Alces alces andersoni), the Service requests 
information on the five listing factors under section 4(a)(1) of

[[Page 35701]]

the Act, including the factors identified in this finding and 
explanation (see Request for Information, above).

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 to 
remove the golden-cheeked warbler from the List of Endangered and 
Threatened Wildlife does not present substantial scientific or 
commercial information indicating that the requested action may be 
warranted. Therefore, we are not initiating a status review for this 
species.
    We have further determined that the petition to list the U.S. 
population of northwestern moose (Alces alces andersoni) as an 
endangered or threatened DPS presents substantial scientific or 
commercial information indicating that the requested action may be 
warranted. Because we have found that the petition presents substantial 
information indicating that the petitioned action may be warranted, we 
are initiating a status review to determine whether this action under 
the Act is warranted. At the conclusion of the status review, we will 
issue a 12-month finding in accordance with section 4(b)(3)(B) of the 
Act, as to whether or not the Service believes the petitioned action 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 status review of the species, which 
is conducted following a substantial 90-day finding. 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 finding that the petitioned action is 
warranted.

References Cited

    A complete list of references cited is available for each species 
addressed in this document on the Internet at http://www.regulations.gov and upon request from the appropriate person listed 
under FOR FURTHER INFORMATION CONTACT, above.

Authors

    The primary authors of this document are the staff members of the 
Branch of Recovery and State Grants, 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.).

    Dated: May 25, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-13120 Filed 6-2-16; 8:45 am]
 BILLING CODE 4333-15-P