[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.

-----------------------------------------------------------------------

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.
------------------------------------------------------------------------


              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.
------------------------------------------------------------------------


FOR FURTHER INFORMATION CONTACT: 


------------------------------------------------------------------------
            Common name                        Contact person
------------------------------------------------------------------------
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.

[[Page 63163]]

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