[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
URL to docket on http://
Common name Docket No. www.regulations.gov
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------
Common name Contact person
------------------------------------------------------------------------
Florida black bear..................... Andreas Moshogianis, 404-679-
7119;
[email protected]
Mojave population of the desert Arnold Roessler, 916-414-6613;
tortoise. [email protected]
------------------------------------------------------------------------
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