[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Proposed Rules]
[Pages 16819-16822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07707]


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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 Two Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition findings and initiation of a status review.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on two petitions to list, reclassify, or delist wildlife 
or plants under the Endangered Species Act of 1973, as amended (Act). 
Based on our review, we find that one petition presents substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted. Therefore, with the publication of this 
document, we announce that we plan to initiate a review of the status 
of that species to determine if the petitioned action is warranted. To 
ensure that this status review is comprehensive, we are requesting 
scientific and commercial data and other information regarding this 
species. Based on the status review, we will issue a 12-month finding 
on the petition, which will address whether or not the petitioned 
action is warranted, in accordance with the Act. We also find that one 
petition does not present substantial scientific or commercial 
information indicating that the petitioned action may be warranted. 
Therefore, we are not initiating a status review of this species in 
response to that petition. We refer to this finding as a ``not 
substantial'' petition finding.

DATES: These findings were made on April 17, 2018. As we commence work 
on the status review, we seek any new information concerning the status 
of, or threats to, the species or its habitat. Any information received 
during our work on the status review will be considered.

ADDRESSES: 
    Supporting documents: Summaries of the bases for the petition 
findings contained in this document are

[[Page 16820]]

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.
    Submitting information: If you have new scientific or commercial 
data or other 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 1 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 
1 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).
    Not-substantial petition finding: A summary of the basis for the 
not-substantial petition finding contained in this document is 
available on http://www.regulations.gov under the appropriate docket 
number (see Table 2 under SUPPLEMENTARY INFORMATION). Supporting 
information in preparing this finding 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, this species, or its habitat, please submit that 
information to the appropriate person.

FOR FURTHER INFORMATION CONTACT:

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              Common name                         Contact person
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Cape mountain zebra....................  Bridget Fahey, 703-358-2163;
                                          [email protected].
Preble's meadow jumping mouse..........  Mike Thabault, 303-236-4210;
                                          [email protected].
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    If you use a telecommunications device for the deaf (TDD), please 
call the Federal Relay Service 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 (Lists). Section 4(b)(3)(A) of the Act requires that we make 
a finding on whether a petition to add a species to the Lists (i.e., 
``list''), remove a species from the Lists (i.e., ``delist''), or to 
change a listed species' status from endangered to threatened, or from 
threatened to endangered (i.e., ``reclassify'') 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.
    Our regulations in the Code of Federal Regulations (CFR) establish 
that substantial scientific or commercial information with regard to a 
90-day petition finding refers to ``credible scientific or commercial 
information in support of the petition's claims such that a reasonable 
person conducting an impartial scientific review would conclude that 
the action proposed in the petition may be warranted'' (50 CFR 
424.14(h)(1)(i)).
    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 (16 U.S.C 1531 et seq.). 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. In evaluating these actions and conditions, we look for 
those that may have a negative effect on individuals of the species, as 
well as other actions or conditions that may ameliorate any negative 
effects or may have positive effects.
    We use the term ``threat'' to refer in general to actions or 
conditions that are known to or are reasonably likely to negatively 
affect individuals of a species. The term ``threat'' includes actions 
or conditions that have a direct impact on individuals (direct 
impacts), as well as those that affect individuals through alteration 
of their habitat or required resources (stressors). The term ``threat'' 
may encompass--either together or separately--the source of the action 
or condition or the action or condition itself. However, the mere 
identification of any threat(s) 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

[[Page 16821]]

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 
tables below and the bases for the findings, along with supporting 
information, are available on http://www.regulations.gov under the 
appropriate docket number.

                                             Table 1--Status Review
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                                                                                    URL to docket on http://
             Common name                             Docket No.                       www.regulations.gov.
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Cape mountain zebra.................  FWS-HQ-ES-2017-0100                       https://www.regulations.gov/docket?D=FWS-HQ-ES-2017-0100.
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                                    Table 2--Not-Substantial Petition Finding
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                                                                                    URL to docket on http://
             Common name                             Docket No.                        www.regulations.gov
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Preble's meadow jumping mouse.......  FWS-R6-ES-2017-0102                       https://www.regulations.gov/docket?D=FWS-R6-ES-2017-0102.
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Evaluation of a Petition To Delist the Cape Mountain Zebra or 
Reclassify the Subspecies as a Threatened Species Under the Act

Species and Range

    Cape mountain zebra (Equus zebra zebra): South Africa (Eastern and 
Western Cape provinces).

Petition History

    On May 10, 2017, we received a petition dated May 10, 2017, from 
Conservation Force and the Professional Hunters Association of South 
Africa requesting that we delist the Cape mountain zebra (Equus zebra 
zebra) or reclassify the subspecies from an endangered species to a 
threatened 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(c). 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 Cape mountain zebra due to the reduction or 
elimination of threats related to the following: Habitat availability 
(Factor A); commercial and recreational use (Factor B); disease and 
predation (Factor C); hybridization and inbreeding (Factor E); and the 
inadequacy of existing regulations with regards to a number of these 
threats (Factor D) (for information about these factors, see 
Background, above). However, during our status review, we will 
thoroughly evaluate all potential threats to the subspecies, including 
the extent to which any protections or other conservation efforts have 
reduced those threats. Thus, for this subspecies, the Service requests 
any information relevant to whether the subspecies 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-HQ-ES-2017-0100 under 
Supporting Documents.

Evaluation of a Petition To Delist the Preble's Meadow Jumping Mouse 
Under the Act

Species and Range

    Preble's meadow jumping mouse (Zapus hudsonius preblei): Colorado 
and Wyoming.

Petition History

    On March 30, 2017, we received a petition dated March 29, 2017, 
from Pacific Legal Foundation (on behalf of Dr. Rob Roy Ramey II; 
Center for Environmental Science, Accuracy and Reliability; Wyoming 
Stock Growers Association; Colorado Cattlemen's Association; Colorado 
Association of Home Builders; and Housing and Building Association of 
Colorado Springs), requesting that the Preble's meadow jumping mouse be 
delisted under the Act due to an error in taxonomic information. The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioners, required at 50 CFR 
424.14(c). This finding addresses the petition.

Finding

    Based on our review of the petition and the source cited in the 
petition, we find that the petition presents no additional or new 
information that would support a taxonomic revision for the Preble's 
mouse or that would indicate that the subspecies is not a valid entity 
under the Act. Therefore, we find that the petition does not present 
substantial scientific or commercial information indicating that 
delisting the Preble's meadow jumping mouse may be warranted. Because 
the petition does not present substantial information indicating that 
delisting the Preble's meadow jumping mouse 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 Not-substantial 
petition finding under ADDRESSES, above).
    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-R6-ES-2017-0102 under 
Supporting Documents.

Request for Information for Status Reviews

    When we make a finding that a petition presents substantial

[[Page 16822]]

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 the 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, 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.
    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 the status review 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 that 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 petition summarized above for the Cape mountain zebra presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted. We are, therefore, initiating a 
status review to determine whether the action is warranted under the 
Act. At the conclusion of the status review, we will issue a finding, 
in accordance with section 4(b)(3)(B) of the Act, as to whether the 
petitioned action is not warranted, warranted, or warranted but 
precluded by pending proposals to determine whether any species is an 
endangered species or a threatened species.
    In addition, we have determined that the petition summarized above 
for the Preble's meadow jumping mouse does not present substantial 
scientific or commercial information indicating that the requested 
actions may be warranted. Therefore, we are not initiating a status 
review for this species.

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: February 23, 2018.
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. 2018-07707 Filed 4-16-18; 8:45 am]
 BILLING CODE 4333-15-P