[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Proposed Rules]
[Pages 18409-18411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07942]


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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 
Two Petitions

AGENCY: Fish and Wildlife Service, Interior.

[[Page 18410]]


ACTION: Notice of petition findings.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on two petitions to list or reclassify wildlife or plants 
under the Endangered Species Act of 1973, as amended (Act). Based on 
our review, we find that the petitions do not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted, and we are not initiating status reviews in 
response to those petitions. We refer to these findings as ``not-
substantial'' petition findings.

DATES: These findings were made on April 19, 2017.

ADDRESSES: Summaries of the bases for the not-substantial petition 
findings contained in this document are available on http://www.regulations.gov under the appropriate docket number (see Table 1 
under SUPPLEMENTARY INFORMATION). Supporting information in preparing 
these findings is available for public inspection, by appointment, 
during normal business hours by contacting the appropriate person, as 
specified in Table 3 under SUPPLEMENTARY INFORMATION. If you have new 
information concerning the status of, or threats to, the species for 
which we made not-substantial petition findings (listed below in Table 
1), or their habitats, please submit that information to the person 
listed in Table 3 under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: See Table 3 under SUPPLEMENTARY 
INFORMATION for specific people to contact for each species.

SUPPLEMENTARY INFORMATION: 

Background

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations in title 50 of the Code of Federal Regulations set forth 
the procedures for adding a species to, or removing a species from, the 
Federal Lists of Endangered and Threatened Wildlife and Plants (50 CFR 
part 424). 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 the finding promptly in the Federal 
Register.
    Last year, the Service and the National Marine Fisheries Service of 
the Department of Commerce revised the regulations that outline the 
procedures for evaluating petitions (81 FR 66462; September 27, 2016). 
The new regulations at 50 CFR 424.14 were effective October 27, 2016. 
We received the petitions referenced in this document prior to that 
effective date. Therefore, we evaluated these petitions under the 50 
CFR 424.14 requirements that were in effect prior to October 27, 2016, 
as those requirements applied when the petitions were received. The 
regulations in effect prior to October 27, 2016, 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'' (former 50 CFR 424.14(b)).
    A species may be determined to be an endangered or threatened 
species because of one or more of the five factors described in section 
4(a)(1) of the Act. In considering whether conditions described within 
one or more of the factors might constitute threats, we must look 
beyond the exposure of the species to those 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 
individually or cumulatively act on the species to a sufficient degree 
that the species may meet the definition of an endangered or threatened 
species under the Act.
    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 a 12-month finding.

Summaries of Petition Findings

    The not-substantial petition findings contained in this document 
are listed in Table 1 and the bases for the findings, along with 
supporting information, are available on http://www.regulations.gov 
under the appropriate docket number.

                                        Table 1--Not-Substantial Findings
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                                                                                      URL to docket on http://
              Common name                               Docket No.                      www.regulations.gov
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Florida black bear....................  FWS-R4-ES-2017-0015                        http://www.regulations.gov/docket?D=FWS-R4-ES-2017-0015
Mojave population of the desert         FWS-R8-ES-2017-0009                        http://www.regulations.gov/
 tortoise.                                                                          docket?D=FWS-R8-ES-2017-0009
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Evaluation of a Petition To List the Florida Black Bear as a Threatened 
or Endangered Species Under the Act

Species and Range

    Florida black bear (Ursus americanus floridanus): Florida, Georgia, 
and Alabama.

Petition History

    On March 18, 2016, we received a petition dated March 17, 2016, 
from the Center for Biological Diversity, Animal Legal Defense Fund, 
Animal Hero Kids, Animal Rights Foundation of Florida, Animal Welfare 
Institute, Big Cat Rescue, Guillaume Chapron, Compassion Works 
International, Environmental Action, The Humane Society of the United 
States, Jungle Friends Primate Sanctuary, Miha Krofel, The League of 
Women Voters of Florida, Lobby for Animals, Paul C. Paquet, Stuart 
Pimm, Preserve Our Wildlife, Sierra Club Florida Chapter, South Florida 
Wildlands Association, Speak Up Wekiva, Stop the Florida Bear Hunt, 
Adrian Treves, John A. Vucetich, and Robert Wielgus requesting that the 
Florida black bear be listed as a threatened or endangered species 
under the Act. The petition clearly identified itself as such and 
included the requisite identification information for the petitioners, 
required at former 50 CFR 424.14(a). This finding addresses the 
petition.

[[Page 18411]]

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 listing the 
Florida black bear may be warranted. Because the petition does not 
present substantial information indicating that listing the Florida 
black bear 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 Table 3, below).
    The basis for our finding on this petition, and other information 
regarding our review of this petition, can be found as an appendix at 
http://www.regulations.gov under Docket No. FWS-R4-ES-2017-0015 under 
the Supporting Documents section.

Evaluation of a Petition To Reclassify the Mojave Population of the 
Desert Tortoise as an Endangered Species Under the Act

Species and Range

    Desert tortoise (Gopherus agassizii) (Mojave population): Arizona, 
California, Nevada, and Utah.
    The Mojave population of the desert tortoise was listed as a 
threatened species on April 2, 1990 (55 FR 12178).

Petition History

    On July 2, 2002, we received a petition dated June 28, 2002, from 
Mr. Craig Dremann requesting that the threatened Mojave population of 
the desert tortoise be emergency reclassified as endangered under the 
Act. The petition clearly identified itself as such and included the 
requisite identification information for the petitioner, required at 
former 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 reclassifying the 
Mojave population of the desert tortoise may be warranted. Because the 
petition does not present substantial information indicating that 
reclassifying the Mojave population of the desert tortoise 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 Table 3, 
below).
    The basis for our finding on this petition, and other information 
regarding our review of this petition can be found as an appendix at 
http://www.regulations.gov under Docket No. FWS-R8-ES-2017-0009 under 
the Supporting Documents section.

Contacts

    Contact information is provided below in Table 3 for the not-
substantial findings.

                            Table 3--Contacts
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              Common name                         Contact person
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Florida black bear.....................  Andreas Moshogianis, 404-679-
                                          7119;
                                          [email protected]
Mojave population of the desert          Arnold Roessler, 916-414-6613;
 tortoise.                                [email protected]
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    If you use a telecommunications device for the deaf (TDD), please 
call the Federal Relay Service (FIRS) at 800-877-8339.

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 referenced above for the Florida black bear and the 
Mojave population of the desert tortoise 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.

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: April 10, 2017.
James W. Kurth,
Acting, Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-07942 Filed 4-18-17; 8:45 am]
 BILLING CODE 4333-15-P