[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]
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