[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Proposed Rules]
[Pages 63160-63165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22071]
[[Page 63160]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[4500030115]
Endangered and Threatened Wildlife and Plants; 90-Day Findings on
10 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 10 petitions to list, reclassify, or delist fish,
wildlife, or plants under the Endangered Species Act of 1973, as
amended (Act). Based on our review, we find that six petitions do not
present substantial scientific or commercial information indicating
that the petitioned actions may be warranted, and we are not initiating
status reviews in response to these petitions. We refer to these as
``not-substantial'' petition findings. We also find that four petitions
present substantial scientific or commercial information indicating
that the petitioned actions may be warranted. Therefore, with the
publication of this document, we announce that we plan to initiate a
review of the status of these species to determine if the petitioned
actions are warranted. To ensure that these status reviews are
comprehensive, we are requesting scientific and commercial data and
other information regarding these species. 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: When we conduct status reviews, we will consider all information
that we have received. To ensure that we will have adequate time to
consider submitted information during the status reviews, we request
that we receive information no later than November 14, 2016. For
information submitted electronically using the Federal eRulemaking
Portal (see ADDRESSES, below), this would mean submitting the
information electronically by 11:59 p.m. Eastern Time on that date.
ADDRESSES: Not-substantial petition findings: The not-substantial
petition findings announced in this document are available on http://www.regulations.gov under the appropriate docket number (see Table 2,
below), or on the Service's Web site at http://ecos.fws.gov. Supporting
information in preparing these findings is available for public
inspection, by appointment, during normal business hours by contacting
the appropriate person, as specified under FOR FURTHER INFORMATION
CONTACT. If you have new information concerning the status of, or
threats to, any of these species or their habitats, please submit that
information to the person listed under FOR FURTHER INFORMATION CONTACT.
Status reviews: You may submit information on species for which a
status review is being initiated 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 1, 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
1, below]; U.S. Fish and Wildlife Service, 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 for
Status Reviews, below, for more details).
Table 1--List of ``Substantial'' Findings for Which a Status Review Is
Being Initiated
------------------------------------------------------------------------
URL to Docket in
Common name Docket No. Regulations.gov
------------------------------------------------------------------------
Florida scrub lizard.......... FWS-R4-ES-2015-00 https://
87. www.regulations.gov/
docket?D=FWS-R4-ES-
2015-0087.
Joshua tree................... FWS-R8-ES-2016-00 https://
88. www.regulations.gov/
docket?D=FWS-R8-ES-
2016-0088.
Lassics lupine................ FWS-R8-ES-2016-00 https://
89. www.regulations.gov/
docket?D=FWS-R8-ES-
2016-0089.
Lesser Virgin Islands skink... FWS-R4-ES-2015-00 https://
98. www.regulations.gov/
docket?D=FWS-R4-ES-
2015-0098.
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Table 2--List of ``Not Substantial'' Findings
------------------------------------------------------------------------
URL to Docket in
Common name Docket No. Regulations.gov
------------------------------------------------------------------------
Fourche Mountain salamander... FWS-R4-ES-2016-00 https://
96. www.regulations.gov/
docket?D=FWS-R4-ES-
2016-0096.
American Pika................. FWS-R6-ES-2016-00 https://
91. www.regulations.gov/
docket?D=FWS-R6-ES-
2016-0091.
Ricord's rock iguana.......... FWS-HQ-ES-2016-00 https://
92. www.regulations.gov/
docket?D=FWS-HQ-ES-
2016-0092.
Spectacled eider (delist)..... FWS-R7-ES-2016-00 https://
41. www.regulations.gov/
docket?D=FWS-R7-ES-
2016-0041.
Steller's eider (Alaska FWS-R7-ES-2016-00 https://
population) (delist). 93. www.regulations.gov/
docket?D=FWS-R7-ES-
2016-0093.
Wyoming pocket gopher......... FWS-R6-ES-2016-00 https://
94. www.regulations.gov/
docket?D=FWS-R6-ES-
2016-0094.
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FOR FURTHER INFORMATION CONTACT:
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Common name Contact person
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Florida scrub lizard.............. Andreas Moshogianis, 404-679-7119;
[email protected].
Fourche Mountain salamander....... Melvin Tobin, 501-513-4473;
[email protected].
Joshua tree....................... Mendel Stewart, 760-431-9440;
[email protected].
[[Page 63161]]
Lassics lupine.................... Bruce Bingham, 707-822-7201;
[email protected].
Lesser Virgin Islands skink....... Andreas Moshogianis, 404-679-7119;
[email protected].
American Pika..................... Justin Shoemaker, 309-757-5800;
[email protected].
Ricords rock iguana............... Emily Weller, 703-358-2171;
[email protected].
Spectacled eider.................. Drew Crane, 907-786-3323;
[email protected].
Steller's eider (Alaska Drew Crane, 907-786-3323;
population). [email protected].
Wyoming pocket gopher............. Justin Shoemaker, 309-757-5800;
[email protected].
------------------------------------------------------------------------
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 for Status Reviews
When we make a finding that a petition presents substantial
information indicating that listing, reclassifying, or delisting a
species may be warranted, we are required to 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
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;
and
(d) Historical and current population levels, and current and
projected trends.
(2) The five factors that are the basis for making a listing,
reclassifying, or delisting determination for a species under section
4(a) of the Act (16 U.S.C. 1531 et seq.), including past and ongoing
conservation measures that could decrease the extent to which one or
more of the factors affect the species, its habitat, or both. The five
factors 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 the species and its
habitat, and the extent to which it affects the habitat or range of the
species.
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) 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 species listed above in Table 1 (to be submitted as
provided for in ADDRESSES) on:
(1) What may constitute ``physical or biological features essential
to the conservation of the species,'' within the geographical range
occupied by the species;
(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
species 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 species is proposed for listing, and why such
habitat falls within the definition of ``critical habitat'' at section
3(5) of the Act.
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 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.
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 publish our notice of the finding promptly in the Federal
Register.
Our regulations in the Code of Federal Regulations (CFR) establish
that the standard for substantial scientific or commercial information
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 a petition presents substantial scientific or
commercial information, we are required to promptly commence a review
of the status of the species, and we will subsequently summarize the
status review 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. Under Sections 4(a), 3(6), and 3(20), a
species qualifies as an ``endangered species'' if it is in danger of
extinction throughout all or a significant portion of its range because
of one or more of the five factors described in section 4(a)(1) of the
Act (see Request for Information for Status Reviews, above); a species
qualifies as a ``threatened species'' if it is likely to become an
``endangered species'' within the foreseeable future throughout all or
a significant portion of its range because of one or more of those five
factors.
In considering whether conditions described within one or more of
the factors might constitute threats to a particular species, we must
look beyond the exposure of the species to those
[[Page 63162]]
conditions to evaluate whether the species may respond to the
conditions in a way that causes actual impacts to the species. If there
is exposure to a condition and the species responds negatively, the
condition qualifies as a stressor and, during the subsequent status
review, we attempt to determine how significant the stressor is. If the
stressor is sufficiently significant that 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 stressor constitutes a threat to the species. Thus, the
identification of conditions that could affect 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 conditions may be operative
threats that act on the species to a sufficient degree that the species
may meet the definition of an endangered or threatened species under
the Act.
Evaluation of a Petition To List the Florida Scrub Lizard as an
Endangered or Threatened Species Under the Act
Species and Range
Florida scrub lizard (Sceloporus woodi): Florida.
Petition History
On July 11, 2012, we received a petition dated July 11, 2012, from
the Center for Biological Diversity, requesting that 53 species of
reptiles and amphibians, including the Florida scrub lizard, be listed
under the Act as endangered or threatened species and critical habitat
be designated 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 listing the Florida scrub lizard
(Sceloporus woodi) may be warranted, based on Factors A and E. However,
during our status review, we will thoroughly evaluate all potential
threats to the species, including the extent to which any protections
or other conservation efforts have reduced those threats. Thus, for
this species, the Service requests any information relevant to whether
the species falls within the definition of either ``endangered
species'' under section 3(6) of the Act or ``threatened species'' under
section 3(20) of the Act, including information on the five listing
factors under section 4(a)(1) and any other factors identified in this
finding (see Request for Information for Status Reviews, above).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
http://www.regulations.gov under Docket No. FWS-R4-ES-2015-0087 under
the Supporting Documents section.
Evaluation of a Petition To List the Fourche Mountain Salamander as an
Endangered or Threatened Species Under the Act
Species and Range
Fourche Mountain salamander (Plethodon fourchensis): Arizona.
Petition History
On July 11, 2012, we received a petition dated July 11, 2012, from
the Center for Biological Diversity requesting that 53 species of
reptiles and amphibians, including the Fourche Mountain salamander, be
listed under the Act as endangered or threatened species and critical
habitat be designated 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 does not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted for the Fourche Mountain salamander (Plethodon
fourchensis). The basis and scientific support for this finding can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R4-ES-2016-0096 under the Supporting Documents section. Because the
petition does not present substantial information indicating that
listing the Fourche Mountain salamander may be warranted, we are not
initiating a status review of this species in response to this
petition. However, we ask that the public submit to us any new
information that becomes available concerning the status of, or threats
to, this species or its habitat at any time (see FOR FURTHER
INFORMATION CONTACT).
Additional information regarding our review of the petition, can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R4-ES-2016-0096 under the Supporting Documents section.
Evaluation of a Petition To List the Joshua Tree as an Endangered or
Threatened Species Under the Act
Species and Range
Joshua tree (Yucca brevifolia): Arizona, California, Nevada, and
Utah.
Petition History
On September 29, 2015, we received a petition dated September 28,
2015, from Taylor Jones (representing Wild Earth Guardians), requesting
that Yucca brevifolia (Joshua tree)--either as a full species (Yucca
brevifolia) or as two infraspecific taxa--be listed as threatened and,
if applicable, critical habitat be designated 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). On December 8, 2015, in a letter to the petitioner, we
responded that we reviewed the information presented in the petition
and did not find that an emergency listing under Section 4(b)(7) of the
Act was necessary. 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 the Joshua tree (Yucca
brevifolia) may be warranted, based on Factors A and E. However, during
our status review, we will thoroughly evaluate all potential threats to
the species, including the extent to which any protections or other
conservation efforts have reduced those threats. Thus, for this
species, the Service requests any information relevant to whether the
species falls within the definition of either ``endangered species''
under section 3(6) of the Act or ``threatened species'' under section
3(20), including information on the five listing factors under section
4(a)(1) and any other factors identified in this finding (see Request
for Information for Status Reviews, above).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
http://www.regulations.gov under Docket No. FWS-R8-ES-2016-0088 under
the Supporting Documents section.
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Evaluation of a Petition To List Lassics Lupine as an Endangered or
Threatened Species Under the Act
Species and Range
Lassics lupine (Lupinus constancei): California.
Petition History
On January 15, 2016, we received a petition, dated January 15,
2016, from David Imper, Sydney Carothers, the Center for Biological
Diversity, and the California Native Plant Society, requesting that
Lassics lupine (Lupinus constancei) be emergency listed as endangered
and critical habitat designated for this species 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. On March 29, 2016, we
sent the petitioners a letter notifying them of receipt of the
petition. Because the Act does not provide for petitions to emergency
list, we treat petitions to emergency list as regular petitions to list
under the Act. However, in evaluating petitions to list, we consider
whether emergency listing under Section 4(b)(7) of the Act is
necessary. As a result, our letter notifying petitioners of receipt of
the petition also informed them that we did not find that emergency
listing was necessary.
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 the Lassics lupine
(Lupinus constancei) may be warranted, based on Factors A, C, and E.
However, during our status review, we will thoroughly evaluate all
potential threats to the species, including the extent to which any
protections or other conservation efforts have reduced those threats.
Thus, for this species, the Service requests any information relevant
to whether the species falls within the definition of either
``endangered species'' under section 3(6) of the Act or ``threatened
species'' under section 3(20), including information on the five
listing factors under section 4(a)(1) and any other factors identified
in this finding (see Request for Information for Status Reviews,
above).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
http://www.regulations.gov under Docket No. FWS-R8-ES-2016-0089 under
the Supporting Documents section.
Evaluation of a Petition To List the Lesser Virgin Islands Skink as an
Endangered or Threatened Species Under the Act
Species and Range
Lesser Virgin Islands skink (Spondylurus semitaeniatus): Virgin
Islands.
Petition History
On February 11, 2014, we received a petition dated February 11,
2014, from the Center for Biological Diversity, requesting that the
Culebra skink, Mona skink, Monito skink, lesser Virgin Islands skink,
Virgin Islands bronze skink, Puerto Rican skink, greater Saint Croix
skink, greater Virgin Islands skink, and lesser Saint Croix skink be
listed as endangered and critical habitat be designated for these
species 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). We acknowledged receipt of
this petition via email (from Doug Krofta to Collette Adkins Giese) on
February 12, 2014. This finding addresses the lesser Virgin Islands
skink. The Culebra skink, greater Saint Croix skink, Mona skink, Puerto
Rican skink, Virgin Islands bronze skink, greater Virgin Islands skink,
and lesser Saint Croix skink were addressed in a separate evaluation,
which published in the Federal Register on January 12, 2016 (81 FR
1368). The Monito skink was addressed in a separate evaluation which
published in the Federal Register on March 16, 2016 (81 FR 14058).
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 the lesser Virgin
Islands skink (Spondylurus semitaeniatus) may be warranted, based on
Factors C and D. However, during our status review, we will thoroughly
evaluate all potential threats to the species, including the extent to
which any protections or other conservation efforts have reduced those
threats. Thus, for this species, the Service requests any information
relevant to whether the species falls within the definition of either
``endangered species'' under section 3(6) of the Act or ``threatened
species'' under section 3(20), including information on the five
listing factors under section 4(a)(1) and any other factors identified
in this finding (see Request for Information for Status Reviews,
above).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
http://www.regulations.gov under Docket No. FWS-R4-ES-2015-0098 under
the Supporting Documents section.
Evaluation of a Petition To List the American Pika as an Endangered or
Threatened Species Under the Act
Species and Range
Pika, American (Ochotona princeps): Colorado, Idaho, Montana,
Nevada, Utah, Wyoming, Canada (British Columbia and Alberta).
Petition History
On April 21, 2016, we received a petition dated April 14, 2016,
from Mr. Timothy Eng, requesting that the American pika (Ochotona
princeps) be listed as endangered or threatened and critical habitat be
designated for this species 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 does not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted for the American pika (Ochotona princeps). The
basis and scientific support for this finding can be found as an
appendix at http://www.regulations.gov under Docket No. FWS-R6-ES-2016-
0091 under the Supporting Documents section. Because the petition does
not present substantial information indicating that listing the
American pika may be warranted, we are not initiating a status review
of this species in response to this petition. However, we ask that the
public submit to us any new information that becomes available
concerning the status of, or threats to, the American pika or its
habitat at any time (see FOR FURTHER INFORMATION CONTACT).
Additional information regarding our review of the petition, can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R6-ES-2016-0091 under the Supporting Documents section.
[[Page 63164]]
Evaluation of a Petition To List Ricord's Rock Iguana as an Endangered
or Threatened Species Under the Act
Species and Range
Ricord's rock iguana (Cyclura ricordii): Dominican Republic, Haiti.
Petition History
On March 17, 2016, we received a petition dated March 14, 2016,
from Grupo Jaragua, International Iguana Foundation, International
Reptile Conservation Foundation, and the Zoological Society of San
Diego, requesting that Ricord's rock iguana (Cyclura ricordii) 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 our review of the petition and sources cited in the
petition, we find that the petition does not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted for the Ricord's rock iguana (Cyclura
ricordii). The basis and scientific support for this finding can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-HQ-ES-2016-0092 under the Supporting Documents section. Because the
petition does not present substantial information indicating that
listing the Ricord's rock iguana may be warranted, we are not
initiating a status review of this species in response to this
petition. However, we ask that the public submit to us any new
information that becomes available concerning the status of, or threats
to, this species or its habitat at any time (see FOR FURTHER
INFORMATION CONTACT).
Additional information regarding our review of the petition, can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-HQ-ES-2016-0092 under the Supporting Documents section.
Evaluation of a Petition To Delist the Spectacled Eider Under the Act
Species and Range
Spectacled eider (Somateria fischeri): Alaska.
Petition History
On March 30, 2016, we received a petition dated January 29, 2016,
from Tim Langer, Ph.D., requesting that the spectacled eider and
Alaska-breeding Steller's eider be delisted due to error in information
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 does not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted for the spectacled eider (Somateria fischeri).
The basis and scientific support for this finding can be found as an
appendix at http://www.regulations.gov under Docket No. FWS-R7-ES-2016-
0041 under the Supporting Documents section. Because the petition does
not present substantial information indicating that delisting the
spectacled eider may be warranted, we are not initiating a status
review of this species in response to this petition. However, we ask
that the public submit to us any new information that becomes available
concerning the status of, or threats to, this species or its habitat at
any time (see FOR FURTHER INFORMATION CONTACT).
Additional information regarding our review of the petition, can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R7-ES-2016-0041 under the Supporting Documents section.
Evaluation of a Petition To Delist the Steller's Eider Under the Act
Species and Range
Steller's eider (Polysticta stelleri) (Alaska Population): Alaska.
Petition History
On March 30, 2016, we received a petition dated January 29, 2016,
from Tim Langer, Ph.D., requesting that the spectacled eider and
Alaska-breeding Steller's eider be delisted due to error in information
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 does not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted for the Alaska-breeding Steller's eider
(Polysticta stelleri). The basis and scientific support for this
finding can be found as an appendix at http://www.regulations.gov under
Docket No. FWS-R7-ES-2016-0093 under the Supporting Documents section.
Because the petition does not present substantial information
indicating that delisting the Steller's eider may be warranted, we are
not initiating a status review of this species in response to this
petition. However, we ask that the public submit to us any new
information that becomes available concerning the status of, or threats
to, this species or its habitat at any time (see FOR FURTHER
INFORMATION CONTACT).
Additional information regarding our review of the petition, can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R7-ES-2016-0093 under the Supporting Documents section.
Evaluation of a Petition To List the Wyoming Pocket Gopher as an
Endangered or Threatened Species Under the Act
Species and Range
Wyoming pocket gopher (Thomomys clusius): Colorado and Wyoming.
Petition History
On April 15, 2016, we received a petition dated April 6, 2016, from
WildEarth Guardians, requesting that Wyoming pocket gopher be listed as
endangered and critical habitat be designated for this species 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 does not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted for the Wyoming pocket gopher (Thomomys
clusius). The basis and scientific support for this finding can be
found as an appendix at http://www.regulations.gov under Docket No.
FWS-R6-ES-2016-0094 under the Supporting Documents section. Because the
petition does not present substantial information indicating that
listing the Wyoming pocket gopher may be warranted, we are not
initiating a status review of this species in response to this
petition. However, we ask that the public submit to us any new
information that becomes available concerning the status of, or threats
to, the Wyoming pocket gopher or its habitat at any time (see FOR
FURTHER INFORMATION CONTACT).
Additional information regarding our review of the petition, can be
found as
[[Page 63165]]
an appendix at http://www.regulations.gov under Docket No. FWS-R6-ES-
2016-0094 under the Supporting Documents section.
Conclusion
On the basis of our evaluation of the information presented in the
petitions under section 4(b)(3)(A) of the Act, we have determined that
the petitions summarized above for the Fourche Mountain salamander,
American pika, Ricord's rock iguana, spectacled eider, Alaska-breeding
Steller's eider, and the Wyoming pocket gopher do not present
substantial scientific or commercial information indicating that the
requested actions may be warranted. Therefore, we are not initiating
status reviews for these species.
We have determined that the petitions summarized above for the
Florida scrub lizard, Joshua tree, Lassics lupine, and lesser Virgin
Islands skink present substantial scientific or commercial information
indicating that the requested actions may be warranted. Because we have
found that these petitions present substantial information indicating
that the petitioned actions may be warranted, we are initiating status
reviews to determine whether these actions under the Act are warranted.
At the conclusion of each status review, we will issue a finding, in
accordance with section 4(b)(3)(B) of the Act, as to whether or not the
Service finds that the petitioned action is warranted.
It is important to note that the standard for a 90-day finding
differs from the Act's standard that applies to a status review to
determine whether a petitioned action is warranted. In making a 90-day
finding, we consider only the information in the petition and sources
cited in the petition, and we evaluate merely whether that information
constitutes ``substantial information'' indicating that the petitioned
action ``may be warranted.'' In a 12-month finding, we must complete a
thorough status review of the species and evaluate the ``best
scientific and commercial data available'' to determine whether a
petitioned action ``is warranted.'' Because the Act's standards for 90-
day and 12-month findings are different, 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 appropriate lead
field offices (contact the person listed under FOR FURTHER INFORMATION
CONTACT).
Authors
The primary authors of this notice are staff members of the
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: September 1, 2016.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-22071 Filed 9-13-16; 8:45 am]
BILLING CODE 4333-15-P