[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Proposed Rules]
[Pages 60362-60366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27389]


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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 
for Five Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notification 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 several 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 present substantial 
scientific or commercial information indicating that the petitioned 
actions may be warranted with respect to the species mentioned in this 
notification. Therefore, with the publication of this document, we 
announce that we plan to initiate a review of the status of each 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. After completing the status reviews, we will issue 12-month 
findings on the petitions, which will address whether or not the 
petitioned action is warranted, in accordance with the Act. In 
addition, we announce a correction to information contained in the 90-
day petition finding for the leopard (Panthera pardus), which clarifies 
the range and entity we are evaluating in our status review of the 
species.

DATES: These findings were made on December 20, 2017.

ADDRESSES: Summaries of the bases for the petition findings contained 
in this document are available on http://www.regulations.gov under the 
appropriate docket number (see table 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 FOR FURTHER 
INFORMATION CONTACT. If you have new information concerning the status 
of, or threats to, the species for which we made these petition 
findings, or their habitats, please submit that information 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 under SUPPLEMENTARY INFORMATION). Then, click on the 
Search button. After finding the correct document, 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 
under SUPPLEMENTARY INFORMATION], 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 we receive 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 information).

FOR FURTHER INFORMATION CONTACT: 

[[Page 60363]]



------------------------------------------------------------------------
              Common name                         Contact person
------------------------------------------------------------------------
Oblong rocksnail.......................  Brian Evans, 404-679-7118;
                                          [email protected].
Sturgeon chub and sicklefin chub.......  Justin Shoemaker, 309-757-5800
                                          x214;
                                          [email protected].
Tricolored bat.........................  Krishna Gifford, 413-253-8619;
                                          [email protected].
Venus flytrap..........................  Brian Evans, 404-679-7118;
                                          [email protected].
Leopard................................  Janine Van Norman, 703-358-
                                          2370;
                                          [email protected].
------------------------------------------------------------------------

    If you use a telecommunications device for the deaf (TDD), please 
call the Federal Relay Service (FIRS) at 800-877-8339.

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 (50 CFR part 
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. 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. 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).These factors represent broad categories of 
natural or human-caused actions or conditions that could have an effect 
on a species' continued existence (i.e., threats). In evaluating these 
actions and conditions, we look for those that may have a negative 
effect on individuals of the species, as well as for those that may 
ameliorate any negative effects and those that may have positive 
effects. In considering whether the petition presents substantial 
information indicating the species may be threatened or endangered, we 
must look beyond the exposure of the species to a threat to evaluate 
whether the species may respond to the threat in a way that causes 
actual impacts to the species. The mere identification of threats that 
could affect a species negatively may not be sufficient to compel a 
finding that the information in the petition is substantial information 
indicating that the petitioned action may be warranted. The information 
presented in the petition must include evidence sufficient to suggest 
that these threats may be affecting the species to the point that the 
species may meet the definition of an ``endangered species'' or 
``threatened species'' under the Act.
    If we find that a petition presents such information, our 
subsequent status review will evaluate all identified threats by 
considering the individual, population, and species-level effects, and 
the expected response by the species. We will evaluate individual 
threats and their expected effects on the species, then analyze the 
cumulative effect of the threats on the species as a whole. We also 
consider the cumulative effect of the threats in light of those actions 
and conditions that will have positive effects on the species--such as 
any existing regulatory mechanisms or conservation efforts that may 
ameliorate threats. It is only after conducting this cumulative 
analysis of threats and the actions that may ameliorate them, and the 
expected effect on the species now and in the foreseeable future, that 
we can determine whether the species meets the definition of an 
``endangered species'' or ``threatened species.''
    If we find that a petition presents substantial scientific or 
commercial information, the Act requires us to promptly commence a 
review of the status of the species, and we will subsequently complete 
a status review in accordance with our prioritization methodology for 
12-month findings (81 FR 49248; July 27, 2016).

Summaries of Petition Findings

    The petition findings contained in this document are listed in the 
table below and the bases for the findings, along with supporting 
information, are available on http://www.regulations.gov under the 
appropriate docket number.

                              Table--Substantial Findings and Correction Announced
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                                                                                      URL to docket on http://
             Common name                               Docket No.                       www.regulations.gov
----------------------------------------------------------------------------------------------------------------
Oblong rocksnail.....................  FWS-R4-ES-2017-0042                         http://www.regulations.gov/docket?D=FWS-R-ES-2017-0042.
Sturgeon chub and sicklefin chub.....  FWS-R6-ES-2017-0010                         http://www.regulations.gov/docket?D=FWS-R6-ES-2017-0010 0010.
Tricolored bat.......................  FWS-R5-ES-2017-0011                         http://www.regulations.gov/docket?D=FWS-R5-ES-2017-0011 0011.
Venus flytrap........................  FWS-R4-ES-2017-0041                         http://www.regulations.gov/docket?D=FWS-R4-ES-2017-0041 0041.
Leopard..............................  FWS-HQ-ES-2016-0131                         http://www.regulations.gov/docket?D=FWS-HQ-ES-2016-0131 0131.
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[[Page 60364]]

Evaluation of a Petition To List the Oblong Rocksnail as an Endangered 
or Threatened Species Under the Act

Species and Range

    Oblong rocksnail (Leptoxis compacta): Cahaba River, Shelby County, 
Alabama.

Petition History

    On June 21, 2016, we received a petition dated the same day from 
the Center for Biological Diversity and Cahaba Riverkeeper requesting 
that the oblong rocksnail be listed as endangered or threatened and 
that 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 petitioners, 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 presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for the oblong rocksnail, based on Factors A and E as set 
forth in section 4(a)(1) of the Act (for information about these 
factors, see Background, above). 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) 
(see Request for Information for Status Reviews, below).
    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-2017-0042 under 
the Supporting Documents section.

Evaluation of a Petition To List the Sturgeon Chub and Sicklefin Chub 
as Endangered or Threatened Species Under the Act

Species and Range

    Sturgeon chub (Macrhybopsis gelida): Arkansas, Illinois, Iowa, 
Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, 
North Dakota, South Dakota, Tennessee, and Wyoming (Missouri River, 
tributaries to the Yellowstone and Missouri Rivers, Middle and Lower 
Mississippi River).
    Sicklefin chub (Macrhybopsis meeki): Arkansas, Illinois, Iowa, 
Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, 
North Dakota, South Dakota, and Tennessee (Missouri River, Lower 
Yellowstone River, and Middle and Lower Mississippi River).

Petition History

    On August 15, 2016, we received a petition dated August 11, 2016, 
from WildEarth Guardians requesting that the sturgeon chub and 
sicklefin chub be listed as endangered or threatened and that 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 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 presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for the sturgeon chub and sicklefin chub, based on Factors A, 
C, D, and E as set forth in section 4(a)(1) of the Act (for information 
about these factors, see Background, above). 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 these 
species, the Service requests any information relevant to whether the 
species fall 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) (see Request for Information for Status Reviews, 
below).
    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-R6-ES-2017-0010 under 
the Supporting Documents section.

Evaluation of a Petition To List the Tricolored Bat as an Endangered or 
Threatened Species Under the Act

Species and Range

    Tricolored bat (Perimyotis subflavus): Alabama, Arkansas, Colorado, 
Connecticut, Delaware, District of Columbia, Florida, Georgia, 
Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, 
New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, 
Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, 
Tennessee, Texas, Vermont, Virginia, West Virginia, and Wisconsin; 
Canada (New Brunswick, Nova Scotia, Ontario, and Quebec); Mexico 
(Eastern and southern regions: Coahuila to Chiapas); Central America 
(Guatemala)

Petition History

    On June 14, 2016, we received a petition dated June 14, 2016, from 
the Center for Biological Diversity and Defenders of Wildlife 
requesting that the tricolored bat be listed as endangered or 
threatened and that 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 petitioners, 
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 presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for the tricolored bat, based on Factors A, C, and E as set 
forth in section 4(a)(1) of the Act (for information about these 
factors, see Background, above). 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) 
(see Request for Information for Status Reviews, below).
    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-R5-ES-2017-0011 under 
the Supporting Documents section.

[[Page 60365]]

Evaluation of a Petition To List the Venus Flytrap as an Endangered or 
Threatened Species Under the Act

Species and Range

    Venus flytrap (Dionaea muscipula Ellis): Southeastern North 
Carolina and northeastern South Carolina, and one introduced population 
each in Florida and New Jersey.

Petition History

    On October 21, 2016, we received a petition dated the same day from 
Donald M. Waller, J.T. Curtis Professor of Botany and Environmental 
Studies, University of Wisconsin-Madison, and 25 additional supporters 
requesting that the Venus flytrap be listed as endangered or threatened 
and that 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 petitioners, 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 presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for the Venus flytrap, based on Factors A, B, and D as set 
forth in section 4(a)(1) of the Act (see Background, above). 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) (see Request for Information for Status 
Reviews, below).
    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-2017-0041 under 
the Supporting Documents section.

Correction to our Evaluation of a Petition To Reclassify the Leopard as 
an Endangered Species Throughout Its Range

    On November 30, 2016, we published a document in the Federal 
Register (81 FR 86315) announcing 90-day findings on three petitions to 
list or reclassify wildlife or plants under the Endangered Species Act 
of 1973, as amended (Act; 16 U.S.C. 1531 et seq.). That document 
included a finding on a petition to reclassify leopard (Panthera 
pardus) as an endangered species throughout its range. However, in the 
discussion of our finding and supporting documentation, we made two 
errors. Therefore, with this document, we correct those errors, clarify 
our intent to evaluate the status of the species throughout its range. 
The public is welcome to submit information on the species in light of 
these corrections (see ADDRESSES, above). If you sent information 
previously, you need not resend it.
    The first error we made in the November 30, 2016, 90-day finding is 
that we mistakenly titled the action ``Evaluation of a Petition To 
Reclassify Leopards Currently Listed as Threatened Species to 
Endangered Species Under the Act,'' inadvertently implying that we will 
evaluate the status of the species only in the countries in which it is 
currently listed as threatened. However, the petition requests that we 
reclassify leopards as endangered throughout the species' current 
range, and we evaluated the petition based on that request. Our finding 
on the petition--that the petition contains substantial information 
that listing the leopard as endangered throughout its range may be 
warranted--has not changed. Therefore, we clarify that we will evaluate 
the status of leopards throughout their current range in our assessment 
of the species' status.
    The second error we made in the November 30, 2016, 90-day finding 
is that we mistakenly described the current range of the leopard as: 
Democratic Republic of the Congo, Gabon, Kenya, and Uganda. However, 
the correct current range of the species is as follows:

Species and Range

    Leopard (Panthera pardus): 62 countries in Africa and Asia.
    The corrected information regarding our review of this petition can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0131 in the Supporting Documents section.

Request for Information for Status Reviews

    When we make a finding that a petition presents substantial 
information indicating that listing, reclassification, or delisting of 
a species may be warranted, we are required to review the status of the 
species (a 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 described in section 4(a)(1) of the Act (see 
Background, above) that are the basis for making a listing, 
reclassification, or delisting determination for a species under 
section 4(a) of the Act (16 U.S.C. 1531 et seq.), 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.
    (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 at section 
3(5)(A) of the Act) for domestic (United States) 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 (submitted as provided for in ADDRESSES, above) for the 
species listed in the table above 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 or not 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.

[[Page 60366]]

    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 website. 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.
    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 information in the petition and sources cited in 
the petition, as well as information which is readily available, 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.

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 oblong rocksnail, sturgeon chub, 
sicklefin chub, tricolored bat, and Venus flytrap 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 are warranted under the Act. 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 petitioned action is 
warranted.

Authors

    The primary authors of this document 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: October 23, 2017.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, exercising the 
authority of the Director U.S. Fish and Wildlife Service.
[FR Doc. 2017-27389 Filed 12-19-17; 8:45 am]
 BILLING CODE 4333-15-P