[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Proposed Rules]
[Pages 65127-65134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27467]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[4500090022]


Endangered and Threatened Wildlife and Plants; 12-Month Findings 
on Petitions to List 13 Species as Endangered or Threatened Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 12-month petition findings.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 12-
month findings on petitions to list 13 species as endangered or 
threatened species under the Endangered Species Act of 1973, as amended 
(Act). After a thorough review of the best available scientific and 
commercial information, we find that it is not warranted at this time 
to list the Cedar Key mole skink, Florida sandhill crane, Fremont 
County rockcress, Frisco buckwheat, Ostler's peppergrass, Frisco 
clover, MacGillivray's seaside sparrow, Ozark pyrg, pale blue-eyed 
grass, San Joaquin Valley giant flower-loving fly, striped newt, Tinian 
monarch, and Tippecanoe darter. However, we ask the public to submit to 
us at any time any new information that becomes available relevant to 
the status of any of the species mentioned above or their habitats.

DATES: The findings in this document were made on December 19, 2018.

ADDRESSES: Detailed descriptions of the basis for each of these 
findings are available on the internet at http://www.regulations.gov 
under the following docket numbers:

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                          Species                                                 Docket No.
----------------------------------------------------------------------------------------------------------------
Cedar Key mole skink.......................................  FWS-R4-ES-2015-0047
Florida sandhill crane.....................................  FWS-R4-ES-2018-0099
Fremont County rockcress...................................  FWS-R6-ES-2018-0049
Frisco buckwheat, Ostler's peppergrass, and Frisco clover..  FWS-R6-ES-2018-0100
MacGillivray's seaside sparrow.............................  FWS-R4-ES-2018-0067
Ozark pyrg.................................................  FWS-R4-ES-2018-0101
Pale blue-eyed grass.......................................  FWS-R1-ES-2018-0102
San Joaquin Valley giant flower-loving fly.................  FWS-R8-ES-2015-0023
Striped newt...............................................  FWS-R4-ES-2018-0065
Tinian monarch.............................................  FWS-R1-ES-2018-0103
Tippecanoe darter..........................................  FWS-R5-ES-2018-0066
----------------------------------------------------------------------------------------------------------------

    Supporting information used to prepare 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. Please submit any new information, materials, 
comments, or questions concerning these findings to the appropriate 
person, as specified under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: 

------------------------------------------------------------------------
           Species                        Contact information
------------------------------------------------------------------------
Cedar Key mole skink.........  Jay Herrington, Field Supervisor, North
                                Florida Ecological Services Field
                                Office, 904-731-3191.
Florida sandhill crane.......  Jay Herrington, Field Supervisor, North
                                Florida Ecological Services Field
                                Office, 904-731-3191.
Fremont County rockcress.....  Tyler Abbot, Project Leader, Wyoming
                                Ecological Services Field Office, 307-
                                772-2374, ext. 231.

[[Page 65128]]

 
Frisco buckwheat, Ostler's     Jennifer Lewinsohn, Biologist, Utah
 peppergrass, and Frisco        Ecological Services Field Office, 801-
 clover.                        597-8352.
MacGillivray's seaside         Thomas McCoy, Field Supervisor, South
 sparrow.                       Carolina Ecological Services Field
                                Office, 843-300-0431.
Ozark pyrg...................  Melvin Tobin, Field Supervisor, Arkansas
                                Ecological Services Field Office, 501-
                                513-4473.
pale blue-eyed grass.........  Karen Reagan, Biologist, Washington Fish
                                and Wildlife Office, 360-753-7762.
San Joaquin Valley giant       Josh Hull, Recovery and Listing Division
 flower-loving fly.             Chief, Sacramento Fish and Wildlife
                                Office, 916-414-6742.
striped newt.................  Jay Herrington, Field Supervisor,
                                Northeast Florida Ecological Services
                                Field Office, 904-731-3191.
Tinian monarch...............  Mary Abrams, Field Supervisor, Pacific
                                Islands Fish and Wildlife Office, 808-
                                792-9400.
Tippecanoe darter............  Robert Anderson, Field Supervisor,
                                Pennsylvania Field Office, 814-234-4090,
                                ext. 7447.
------------------------------------------------------------------------

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

SUPPLEMENTARY INFORMATION: 

Background

    We are required to make a finding whether or not the petitioned 
action is warranted within 12 months after receiving any petition we 
determined contained substantial scientific or commercial information 
indicating that the petitioned action may be warranted (section 
4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.)) (``12-month finding''). 
We must make a finding that the petitioned action is: (1) Not 
warranted; (2) warranted; or (3) warranted but precluded. ``Warranted 
but precluded'' means that (a) the petitioned action is warranted, but 
the immediate proposal of a regulation implementing the petitioned 
action is precluded by other pending proposals to determine whether 
species are endangered or threatened species, and (b) expeditious 
progress is being made to add qualified species to the Lists of 
Endangered and Threatened Wildlife and Plants (Lists) and to remove 
from the Lists species for which the protections of the Act are no 
longer necessary. Section 4(b)(3)(C) of the Act requires that we treat 
a petition for which the requested action is found to be warranted but 
precluded as though resubmitted on the date of such finding, that is, 
requiring that a subsequent finding be made within 12 months of that 
date. We must publish these 12-month findings in the Federal Register.

Summary of Information Pertaining to the Five Factors

    Section 4 of the Act (16 U.S.C. 1533) and the implementing 
regulations at part 424 of title 50 of the Code of Federal Regulations 
(50 CFR part 424) set forth procedures for adding species to, removing 
species from, or reclassifying species on the Lists. The Act defines 
``endangered species'' as any species that is in danger of extinction 
throughout all or a significant portion of its range (16 U.S.C. 
1532(6)), and ``threatened species'' as any species that is likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range (16 U.S.C. 1532(20)). Under 
section 4(a)(1) of the Act, a species may be determined to be an 
endangered species or a threatened species because of any of the 
following five factors:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    In considering whether a species may meet the definition of an 
endangered species or a threatened species because of any of the five 
factors, we must look beyond the mere exposure of the species to the 
stressor to determine whether the species responds to the stressor in a 
way that causes actual impacts to the species. If there is exposure to 
a stressor, but no response, or only a positive response, that stressor 
does not cause a species to meet the definition of an endangered 
species or a threatened species. If there is exposure and the species 
responds negatively, we determine whether that stressor drives or 
contributes to the risk of extinction of the species such that the 
species warrants listing as an endangered or threatened species. The 
mere identification of stressors that could affect a species negatively 
is not sufficient to compel a finding that listing is or remains 
warranted. For a species to be listed or remain listed, we require 
evidence that these stressors are operative threats to the species and 
its habitat, either singly or in combination, to the point that the 
species meets the definition of an endangered or a threatened species 
under the Act.
    In conducting our evaluation of the five factors provided in 
section 4(a)(1) of the Act to determine whether the Cedar Key mole 
skink (Plestiodon egregius insularis), Florida sandhill crane (Antigone 
canadensis pratensis), Boechera pusilla (Fremont County rockcress), 
Eriogonum soredium (Frisco buckwheat), Lepidium ostleri (Ostler's 
peppergrass), Trifolium friscanum (Frisco clover), MacGillivray's 
seaside sparrow (Ammodramus maritimus macgillivraii), Ozark pyrg 
(Marstonia ozarkensis), Sisyrinchium sarmentosum (pale blue-eyed 
grass), San Joaquin Valley giant flower-loving fly (Rhaphiomidas 
trochilus), striped newt (Notophthalmus perstriatus), Tinian monarch 
(Monarcha takatsukasae), and Tippecanoe darter (Etheostoma tippecanoe) 
meet the definition of ``endangered species'' or ``threatened 
species,'' we considered and thoroughly evaluated the best scientific 
and commercial information available regarding the past, present, and 
future stressors and threats. We reviewed the petitions, information 
available in our files, and other available published and unpublished 
information. These evaluations may include information from recognized 
experts; Federal, State, and tribal governments; academic institutions; 
foreign governments; private entities; and other members of the public.
    The species assessment forms for the Cedar Key mole skink, Florida 
sandhill crane, Fremont County rockcress, Frisco buckwheat, Ostler's 
peppergrass, Frisco clover, MacGillivray's seaside sparrow, Ozark pyrg, 
pale blue-eyed grass, San Joaquin Valley giant flower-loving fly, 
striped newt, Tinian monarch, and Tippecanoe darter contain more 
detailed biological information, a thorough analysis of the listing 
factors, and an explanation of why we determined that these species do 
not meet the definition of an endangered species or a threatened 
species. This supporting information can be found on the internet at 
http://www.regulations.gov under the appropriate docket number (see

[[Page 65129]]

ADDRESSES, above). The following are informational summaries for each 
of the findings in this document.

Cedar Key Mole Skink

Previous Federal Actions
    On July 11, 2012, we received a petition from the Center for 
Biological Diversity, C. Kenneth Dodd, Jr., Kenney Krysko, Michael J. 
Lannoo, Thomas Lovejoy, Allen Salzberg, and Edward O. Wilson to list 53 
amphibians and reptiles, including the Cedar Key mole skink, as 
endangered or threatened species under the Act and to designate 
critical habitat. On July 1, 2015, we published the 90-day finding in 
the Federal Register (80 FR 37568), concluding that the petition 
presented substantial information indicating the Cedar Key mole skink 
may warrant listing. This document constitutes the 12-month finding on 
the July 11, 2012, petition to list the Cedar Key mole skink under the 
Act.
Summary of Finding
    The Cedar Key mole skink is a shiny brown lizard reaching a total 
length of approximately 15 centimeters (5.9 inches) with the light pink 
colored tail accounting for two-thirds of the length. This subspecies 
is semi-fossorial (adapted to digging, burrowing, and living 
underground) and cryptic in nature but has also been seen running along 
the substrate surface when exposed.
    The Cedar Key mole skink inhabits the beach berm and dry coastal 
hammock habitats on eight islands of the Cedar Keys along a 10-mile 
section of Levy County along Florida's Gulf Coast. The Cedar Key mole 
skink relies on dry, unconsolidated soils for movement, cover, and 
nesting.
    We evaluated all relevant factors under the five factors, including 
any regulatory mechanisms and conservation measures ameliorating 
stressors. The primary stressors include effects of sea-level rise and 
climate change-associated shifts in rainfall, temperature, and storm 
intensities. The continued occurrence of the Cedar Key mole skink in 
low numbers on two of the historically surveyed islands, as well as 
recent observations on five additional islands, indicates a level of 
resiliency to the stressors that have been acting upon the subspecies 
in the past and are currently acting on it. In addition, over time, the 
subspecies has persisted on multiple islands, providing a level of 
redundancy that will help the Cedar Key mole skink withstand the 
potential increased catastrophic events into the future. Finally, the 
subspecies should continue to exhibit a level of representation with 
suitable habitat continuing to occur on multiple islands in varying 
sizes and elevations across the range of the subspecies. In sum, we 
find that the continued presence of occupied habitat (as well as 
potentially occupied suitable habitat) and projected continuance of 
suitable habitat across the subspecies' range continues to provide a 
level of resiliency, redundancy, and representation to the subspecies 
such that the Cedar Key mole skink is not presently in danger of 
extinction throughout all or a significant portion of its range or 
likely to become so within the foreseeable future. We find that the 
stressors acting on the subspecies and its habitat, either singly or in 
combination, are not of sufficient imminence, intensity, or magnitude 
to indicate that this subspecies meets the definition of an endangered 
species or a threatened species. Therefore, we find that listing the 
Cedar Key mole skink as an endangered species or threatened species is 
not warranted. A detailed discussion of the basis for this finding can 
be found in the Cedar Key mole skink species assessment form and other 
supporting documents (see ADDRESSES, above).

Florida Sandhill Crane

Previous Federal Actions
    On April 20, 2010, we received a petition from the Center for 
Biological Diversity, the Alabama Rivers Alliance, the Clinch 
Coalition, Dogwood Alliance, the Gulf Restoration Network, Tennessee 
Forests Council, and the West Virginia Highlands Conservancy to list 
404 aquatic, riparian, and wetland species, including the Florida 
sandhill crane, as endangered or threatened species under the Act. On 
September 27, 2011, we published a 90-day finding in the Federal 
Register (76 FR 59836), concluding that the petition presented 
substantial information indicating the Florida sandhill crane may 
warrant listing. This document constitutes the 12-month finding on the 
April 20, 2010, petition to list the Florida sandhill crane under the 
Act.
Summary of Finding
    Florida sandhill cranes are graceful, monogamous, long-lived birds 
in the Gruidae family. This subspecies is one of six that reside in 
North America, and one of three that are non-migratory. The Florida 
sandhill crane is a single, large population that ranges from the 
Okefenokee Swamp in southern Georgia to the Everglades in southern 
Florida, overlapping with the greater sandhill crane subspecies during 
the winter season. Both males and females raise one to two chicks per 
nesting attempt and are able to re-nest two to three times per year, if 
necessary.
    Florida sandhill cranes use a variety of adjacent, open upland 
habitats, including grasslands, prairies, emergent palustrine wetlands, 
open pine forests, pastures, and forest-pasture transition areas. They 
also use the transition areas between wetland and upland habitats, and 
they feed in human-manipulated environments year-round, such as (but 
not limited to) agricultural lands, golf courses, airports, and 
suburban areas.
    We evaluated all relevant factors under the five factors, including 
any regulatory mechanisms and conservation measures ameliorating 
stressors. The primary threats to the Florida sandhill crane include 
habitat loss/conversion/degradation, changing climate conditions 
(drought and precipitation/heavy rain events), and mortalities 
resulting from predation, collisions, or human interactions/nest 
disturbances. The most significant of these threats for the long-term 
persistence of Florida sandhill crane is loss, conversion, or 
degradation of suitable habitat. Habitat has been lost historically and 
is expected to be lost or converted into the future. However, the 
Florida sandhill crane continues to currently occupy its historical 
range, and is also expected to in the future, albeit as a smaller 
(i.e., less abundant) population than is currently represented. Its 
demonstrated ability to adapt to and use agricultural and suburban 
habitats (e.g., croplands, pastures, golf courses, recreational areas) 
for breeding, nesting, and feeding activities help ensure its 
resiliency into the future. Although drought, precipitation changes/
events, and direct mortalities will play a role on the species' 
resource needs and reproductive success, the best available information 
suggests that any impacts are affecting and likely to affect the 
subspecies at the individual level as opposed to the population/
rangewide level both currently and in the future. Therefore, we find 
that listing the Florida sandhill crane as endangered or threatened is 
not warranted. A detailed discussion of the basis for this finding can 
be found in the Florida sandhill crane species assessment form and 
other supporting documents (see ADDRESSES, above).

Fremont County Rockcress

Previous Federal Actions
    On July 30, 2007, we received a petition from Forest Guardians (now 
WildEarth Guardians), to list 206

[[Page 65130]]

Mountain-Prairie Region species, including the Fremont County 
rockcress, as endangered or threatened species under the Act. On August 
18, 2009, we published a 90-day finding in the Federal Register (74 FR 
41649), concluding that the petition presented substantial information 
indicating the Fremont County rockcress may warrant listing. On June 9, 
2011, we published a 12-month finding in the Federal Register (76 FR 
33924), concluding that listing the Fremont County rockcress is 
warranted based on survey information indicating the species was in 
decline. However, listing the species was precluded at that time by 
higher priority actions, and the species was added to the candidate 
species list with a listing priority number of 8. We subsequently 
addressed the status of the species annually in our candidate notices 
of review (76 FR 66370, October 26, 2011; 77 FR 69994, November 21, 
2012; 78 FR 70104, November 22, 2013; 79 FR 72450, December 5, 2014; 80 
FR 80584, December 24, 2015; 81 FR 87246, December 2, 2016). In 2016, 
we revised the listing priority number from an 8 to an 11 because we 
found that the threats affecting the species were no longer high in 
magnitude nor were they imminent, and were instead low in magnitude and 
non-imminent.
Summary of Finding
    The Fremont County rockcress is a narrow endemic perennial herb 
known to occur on approximately 18 acres (7 hectares) of habitat in the 
southern foothills of the Wind River Range, Wyoming. The species' 
habitat consists of sparsely vegetated, course, granite soil pockets in 
exposed granite-pegmatite (igneous rock solidified from lava or magma) 
outcrops, and the habitat faces extreme cold temperature and wind 
conditions. The species is also characterized by its reproductive 
system, in which individual plants reproduce through asexual seed 
production.
    We evaluated all relevant factors under the five factors, including 
any regulatory mechanisms and conservation measures ameliorating 
stressors. To assess the resiliency of the species, we reviewed the 
abundance of flowering and non-flowering individuals and colonization 
of populations, which is driven by the species' reproductive system, 
winter precipitation, soil availability, sunlight, and freedom from 
competition. Stochastic events such as severe precipitation events, 
wildfire, and invasions of nonnative, invasive species affect the 
resiliency of the species. However, we find that there are no stressors 
currently impacting the species; the species has demonstrated 
persistence as a narrow endemic; there are protections in place to 
benefit the species; and its sole occurrence has sufficiently high 
levels of flowering plant abundance, colonization, and suitable habitat 
factors.
    Considering that Fremont County rockcress presently exhibits high 
levels of resiliency, and is expected to continue to be resilient 
within the foreseeable future while retaining sufficient adaptive 
capacity and the ability to withstand catastrophic events, we find that 
the species is not presently in danger of extinction throughout all or 
a significant portion of its range or likely to become so within the 
foreseeable future. Therefore, we find that listing Fremont County 
rockcress as an endangered species or threatened species is not 
warranted. A detailed discussion of the basis for this finding can be 
found in the Fremont County rockcress species assessment form and other 
supporting documents (see ADDRESSES, above).

Frisco Buckwheat, Ostler's Peppergrass, and Frisco Clover

Previous Federal Actions
    On July 30, 2007, we received a petition from Forest Guardians (now 
WildEarth Guardians), to list 206 Mountain-Prairie Region species, 
including the Frisco buckwheat, Ostler's peppergrass, and Frisco 
clover, as endangered or threatened species under the Act. On August 
18, 2009, we published 90-day findings in the Federal Register (74 FR 
41649), concluding that the petition presented substantial information 
indicating the Frisco buckwheat, Ostler's peppergrass, and Frisco 
clover may warrant listing. On February 23, 2011, we published 12-month 
findings in the Federal Register (76 FR 10166), concluding that listing 
the Frisco buckwheat, Ostler's peppergrass, and Frisco clover is 
warranted primarily due to the threat of habitat destruction from 
mining activities. However, listing the species was precluded at that 
time by higher priority actions, and the species were added to the 
candidate species list with listing priority numbers of 8. We 
subsequently addressed the status of these species annually in our 
candidate notices of review (76 FR 66370, October 26, 2011; 77 FR 
69994, November 21, 2012; 78 FR 70104, November 22, 2013; 79 FR 72450, 
December 5, 2014; 80 FR 80584, December 24, 2015; 81 FR 87246, December 
2, 2016).
Summary of Finding
    The Frisco buckwheat, Ostler's peppergrass, and Frisco clover are 
rare endemic plants species found only in Utah. These species are 
addressed here together as they occupy roughly the same area, have 
similar life histories, and face similar potential threats. Frisco 
buckwheat and Ostler's peppergrass occur together in three populations, 
occupying 297 acres (120 hectares) and 153 acres (62 hectares) of 
habitat, respectively. The Frisco clover is known from six populations 
and occupies 360 acres (146 hectares) of habitat.
    These three species are long-lived perennial plants that flower in 
the spring and summer months and likely require pollinators for maximum 
reproduction. Plant survival and successful recruitment require 
suitable intact soils with microsites for establishment and growth. The 
low canopy coverage of associated vegetation must result in low plant 
competition but also appears to provide sufficient floral resources to 
support pollinators. The health (long-term productivity) of populations 
is affected by the population size, habitat quantity, and habitat 
quality available to support stable or increasing populations. In 
addition to proximity between populations, habitat connectivity is 
important to support gene flow within populations.
    We evaluated all relevant factors under the five factors, including 
any regulatory mechanisms and conservation measures ameliorating 
stressors. The primary stressors are precious metal exploration and 
mining; stone mining; nonnative, invasive species; and climate change. 
We found that there has been no reduction in redundancy or 
representation from historic conditions for these species. Currently, 
there is some stone mining occurring with minimum overlap with the 
plant populations and no significant impact on current viability. 
Despite some impacts from mining, invasive species, and climate change, 
the species are likely to face minimal decreases in population 
resiliency and minimal reduction in redundancy and representation, with 
all populations persisting within the foreseeable future. Therefore, we 
find that listing the Frisco buckwheat, Ostler's peppergrass, and 
Frisco clover as endangered or threatened is not warranted. A detailed 
discussion of the basis for this finding can be found in the Frisco 
buckwheat, Ostler's peppergrass, and Frisco clover species assessment 
form and other supporting documents (see ADDRESSES, above).

[[Page 65131]]

MacGillivray's Seaside Sparrow

Previous Federal Actions
    On April 20, 2010, we received a petition from the Center for 
Biological Diversity, the Alabama Rivers Alliance, the Clinch 
Coalition, Dogwood Alliance, the Gulf Restoration Network, Tennessee 
Forests Council, and the West Virginia Highlands Conservancy to list 
404 aquatic, riparian, and wetland species, including the 
MacGillivray's seaside sparrow, as endangered or threatened species 
under the Act. On September 27, 2011, we published a 90-day finding in 
the Federal Register (76 FR 59836), concluding that the petition 
presented substantial information indicating the MacGillivray's seaside 
sparrow may warrant listing. Subsequently, we entered into a stipulated 
settlement agreement with the Center for Biological Diversity that 
required us to submit a 12-month finding to the Federal Register by 
September 30, 2018. The court later agreed to extend this deadline 
until December 15, 2018. This document constitutes the 12-month finding 
on the April 20, 2010, petition to list the MacGillivray's seaside 
sparrow under the Act.
Summary of Finding
    The MacGillivray's seaside sparrow is a subspecies of seaside 
sparrow that occurs in Atlantic coastal marshes in South Carolina, 
Georgia, and Florida. The MacGillivray's seaside sparrow is an olive-
gray bird with a relatively long bill and short, sharp tail, and the 
subspecies reaches approximately 14 to 15 centimeters (5.5 to 6 inches) 
in length.
    MacGillivray's seaside sparrows spend their entire life in coastal 
salt and brackish marshes. The subspecies is currently characterized by 
four breeding populations. In South Carolina, the subspecies breeds in 
lower elevation areas of natural high marsh and impoundments; in 
Georgia, the MacGillivray's seaside sparrow breeds in higher elevation 
areas of natural low salt marsh. The subspecies needs dense herbaceous 
cover for nesting and sheltering, and high tide roosting sites in the 
marsh to evade flooding. Adult MacGillivray's seaside sparrows have 
behavioral adaptations to balance the trade-off in risk from predation 
and flooding to nest success, and, therefore, will shift nest-site 
placement along a nest height gradient to contend with these dual 
risks.
    We evaluated all relevant factors under the five factors, including 
any regulatory mechanisms and conservation measures ameliorating 
stressors. The primary stressors are predation, tidal flooding, sea 
level rise, and increased storm frequency due to climate change. We 
conclude that the viability of the MacGillivray's seaside sparrow will 
continue to be characterized by four breeding populations across most 
of the current range of coastal marshes in South Carolina, Georgia, and 
Florida in the near term and within the foreseeable future. In 
addition, although sea level rise will cause the loss of high abundance 
breeding habitat, the MacGillivray's seaside sparrow will continue to 
occur in different habitat types and thus will maintain some adaptive 
capacity in the future.
    We find that the stressors acting on the subspecies and its 
habitat, either singly or in combination, are not of sufficient 
imminence, intensity, or magnitude to indicate that this subspecies 
meets the definition of an endangered species or a threatened species. 
Therefore, we find that listing the MacGillivray's seaside sparrow as 
endangered or threatened is not warranted. A detailed discussion of the 
basis for this finding can be found in the MacGillivray's seaside 
sparrow species assessment form and other supporting documents (see 
ADDRESSES, above).

Ozark Pyrg

Previous Federal Actions
    On April 20, 2010, we received a petition from the Center for 
Biological Diversity, the Alabama Rivers Alliance, the Clinch 
Coalition, Dogwood Alliance, the Gulf Restoration Network, Tennessee 
Forests Council, and the West Virginia Highlands Conservancy to list 
404 aquatic, riparian, and wetland species, including the Ozark pyrg, 
as endangered or threatened species under the Act. On September 27, 
2011, we published a 90-day finding in the Federal Register (76 FR 
59836), concluding that the petition presented substantial information 
indicating the Ozark pyrg may warrant listing. This document 
constitutes the 12-month finding on the April 20, 2010, petition to 
list the Ozark pyrg under the Act.
Summary of Finding
    The Ozark pyrg is a freshwater snail historically found in a shoal 
of the White River near Cotter, Arkansas, and in the North Fork White 
River near the confluence. No specific life-history data exist 
regarding the species' reproduction, diet, age, growth, population size 
structure, or fecundity. However, many species within the same genus 
are adapted to springs, ponds, and other sensitive aquatic habitats. 
Some of these species also show a preference for gravel and pebble 
substrates and shallower water depths.
    Based on extensive surveys between 1915, when the species was first 
described, and 2010 throughout the range of the species in Arkansas and 
Missouri that have yielded no specimens, and the extreme modification 
of the habitat at the species' type locality, the best available 
science indicates there are no extant populations of the Ozark pyrg. 
Therefore, we determine the Ozark pyrg to be extinct. As a result, the 
Ozark pyrg does not meet the statutory definition of either an 
endangered species or a threatened species and, accordingly, does not 
warrant listing under the Act. A detailed discussion of the basis for 
this finding can be found in the Ozark pyrg species assessment form and 
other supporting documents (see ADDRESSES, above).

Pale Blue-Eyed Grass

Previous Federal Actions
    On July 30, 2007, we received a petition from Forest Guardians (now 
WildEarth Guardians), to list 206 Mountain-Prairie Region species, 
including the pale blue-eyed grass, as endangered or threatened species 
under the Act. On August 18, 2009, we published a 90-day finding in the 
Federal Register (74 FR 41649), concluding that the petition presented 
substantial information indicating the pale blue-eyed grass may warrant 
listing. This document constitutes the 12-month finding on the July 30, 
2007, petition to list the pale blue-eyed grass under the Act.
Summary of Finding
    The pale blue-eyed grass is a long-lived perennial herb in the iris 
family that produces small, pale blue flowers. The species is a narrow 
endemic known from a limited area in the Cascade Range of south-central 
Washington and north-central Oregon. Individual plants need early 
seral, open habitats with cool temperatures to break seed dormancy, 
adequate moisture to germinate and establish, and warm sunny days to 
stimulate flowering. Individual plants need pollinators for sexual 
exchange of genetic materials and adequate seed set but can reproduce 
by self-fertilizing and by sprouting rhizomes to reproduce 
vegetatively. Seeds need a dispersal mechanism that moves them away 
from the parent plant, thereby reducing intraspecific competition and 
exposure to pathogens that may have infected older established plants.

[[Page 65132]]

    For robust resiliency over time, it can be assumed that pale blue-
eyed grass populations likely need numerous individuals representing a 
diversity of genotypes within habitat patches of adequate area, 
quality, and connectivity to maintain survival and reproduction in 
spite of disturbance and shifting environmental conditions. Redundant 
populations across the range are needed to increase the species' 
chances of surviving catastrophic events. Representation through 
genetic and environmental diversity within and among populations is 
necessary to conserve long-term adaptive capability.
    We evaluated all relevant factors under the five factors, including 
any regulatory mechanisms and conservation measures ameliorating 
stressors. The primary stressors affecting the pale blue-eyed grass' 
status include grazing, motor vehicles, invasive plants, putative 
hybridization, camping and recreation, habitat-disturbing management 
activities, habitat encroachment, and effects of climate change. 
Despite impacts from these stressors at an individual level, the 
species has maintained resilient populations. Although we predict some 
continued impacts from these stressors in the future, we anticipate the 
species will continue to be viable in resilient populations that are 
distributed widely throughout both of its representative areas 
(Washington and Oregon). Therefore, we find that listing the pale blue-
eyed grass as an endangered species or threatened species is not 
warranted. A detailed discussion of the basis for this finding can be 
found in the pale blue-eyed grass species assessment form and other 
supporting documents (see ADDRESSES, above).

San Joaquin Valley Giant Flower-Loving Fly

Previous Federal Actions
    On June 26, 2014, we received a petition from Gregory R. Ballmer 
and Kendall H. Osborne to list the San Joaquin Valley giant flower-
loving fly as an endangered species under the Act. On April 10, 2015, 
we published a 90-day finding in the Federal Register (80 FR 19259), 
concluding that the petition presented substantial information 
indicating that listing the San Joaquin Valley giant flower-loving fly 
may be warranted. This document constitutes the 12-month finding on the 
June 26, 2014, petition to list the San Joaquin Valley giant flower-
loving fly under the Act.
Summary of Finding
    San Joaquin Valley giant flower-loving fly larvae have small, foot-
like protrusions like caterpillars, and grow to about 6.4 centimeters 
(2.5 inches). They burrow down to moist sands below the surface, where 
they prey on the burrowing larvae of other insects. After 1 to 2 years, 
the fly larva produces a pupa, which metamorphoses into an adult. 
Adults are strong flyers, are 2.5 to 3.5 centimeters (1 to 1.5 inches) 
long, and live about 3 days. The species' ``flight season'' lasts about 
7 weeks, from mid-August to early October. Males seek potential mates 
by sight, occasionally defending territories from other males. After 
mating, females lay eggs in shaded areas, either on the surface of bare 
sandy soil, or in shallow holes dug into the sand using their abdomens. 
Eggs likely hatch in about 10 days.
    The San Joaquin Valley giant flower-loving fly's known historical 
range includes eight locations across the San Joaquin Valley, 
California, but it is now known only from Sand Ridge, a large stable 
sand dune about 24 kilometers (15 miles) east of Bakersfield, in Kern 
County, California. For over 20 years prior to discovery of the Sand 
Ridge population in 1997, the species was thought to be extinct. A 
second, smaller population was also discovered in 1997, about 16 
kilometers (10 miles) south of Bakersfield, but no individuals have 
been observed there since 2006.
    We evaluated all relevant factors under the five factors, including 
any regulatory mechanisms and conservation measures ameliorating 
stressors. The primary stressors that may be affecting the species 
include effects of climate change, urban and agricultural development, 
sand mining, vegetation overgrowth, small population size, off-highway 
vehicles, and pesticide drift. Despite the fly being dependent on rare 
areas of inland dune sand and having lost seven of eight historically 
known populations, we found that the remaining population provides 
sufficient resiliency, redundancy, and representation now and in the 
future. Further, we found that the stressors we assessed are not of 
sufficient imminence, intensity, or magnitude, either singly or in 
combination, to indicate that the fly is in danger of extinction 
throughout all or a significant portion of its range now or in the 
foreseeable future. Therefore, we find that listing the San Joaquin 
Valley giant flower-loving fly as an endangered species or threatened 
species is not warranted. A detailed discussion of the basis for this 
finding can be found in the San Joaquin Valley giant flower-loving fly 
species assessment form and other supporting documents (see ADDRESSES, 
above).

Striped Newt

Previous Federal Actions
    On July 14, 2008, we received a petition from Dr. D. Bruce Means, 
Ryan C. Means, and Rebecca P.M. Means of the Coastal Plains Institute 
and Land Conservancy, requesting that the striped newt be listed as a 
threatened species under the Act. On March 23, 2010, we published a 90-
day finding in the Federal Register (75 FR 13720), concluding that the 
petition presented substantial information indicating that listing the 
striped newt may be warranted. On June 7, 2011, we published a 12-month 
finding in the Federal Register (76 FR 32911), concluding that listing 
the striped newt was warranted due to threats associated with habitat 
loss, disease, drought, and inadequacy of existing regulatory 
mechanisms to address those threats. However, listing the species was 
precluded at that time by higher priority actions, and the species was 
added to the candidate species list with a listing priority number of 
8. We subsequently addressed the status of the species annually in our 
candidate notices of review (76 FR 66370, October 26, 2011; 77 FR 
69994, November 21, 2012; 78 FR 70104, November 22, 2013; 79 FR 72450, 
December 5, 2014; 80 FR 80584, December 24, 2015; 81 FR 87246, December 
2, 2016).
Summary of Finding
    The striped newt uses ephemeral wetlands and the upland habitat 
(e.g., scrub, mesic flatwoods, sandhills) that surrounds those 
wetlands. Striped newts have a lifespan of 12 to 15 years and use 
aquatic and terrestrial habitats during their complex life cycle. Adult 
striped newts can occur as both a gilled aquatic form and a terrestrial 
form.
    The current range of the striped newt extends from southern Georgia 
to north-central Florida, with 105 breeding ponds extant in Florida and 
11 in Georgia. Striped newts are divided into two regions: the Eastern 
Region (peninsular Florida and eastern Georgia) and the Western Region 
(panhandle Florida and western Georgia). Patterns in precipitation and 
temperature cause ecological differentiation between these two regions.
    We evaluated all relevant factors under the five factors, including 
any regulatory mechanisms and conservation measures ameliorating 
stressors. The primary stressors are land

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use change, fire suppression, effects of climate change, and off-road 
vehicle impacts. Potential impacts associated with overutilization and 
predation were also analyzed but found not to affect the species to 
such an extent that they would have a negative impact on species' 
viability.
    We have concluded that the threats currently impacting the striped 
newt are of lower magnitude than were previously thought. Furthermore, 
new populations of striped newt have been discovered since the species 
was added to the candidate species list, resulting in increased 
resiliency, redundancy, and representation for the species. 
Additionally, past conservation efforts, including captive rearing and 
release of striped newts, have helped reestablish striped newt 
populations in previously extirpated areas, such as in the Apalachicola 
National Forest. Finally, 85 percent of striped newt populations 
currently occur on conserved lands.
    Based on the best available information, we find that the striped 
newt does not meet the definition of an endangered species or 
threatened species. Therefore, we find that listing the striped newt as 
an endangered species or threatened species is not warranted. A 
detailed discussion of the basis for this finding can be found in the 
striped newt species assessment form and other supporting documents 
(see ADDRESSES, above).

Tinian Monarch

Previous Federal Actions
    On December 12, 2013, we received a petition from the Center for 
Biological Diversity requesting that the Tinian monarch be listed as an 
endangered or threatened species under the Act. On September 18, 2015, 
we published a 90-day finding in the Federal Register (80 FR 56423), 
concluding that the petition presented substantial information 
indicating that listing the Tinian monarch may be warranted. This 
document constitutes the 12-month finding on the December 12, 2013, 
petition to list the Tinian monarch under the Act.
Summary of Finding
    The Tinian monarch is a small flycatcher bird about 15 centimeters 
(6 inches) bill to tail. Tinian monarchs are dull with light rufous 
underparts, olive-brown upperparts, and dark chocolate brown wings and 
tail. This species is endemic to the island of Tinian, which is part of 
the Northern Mariana Islands in the western Pacific Ocean.
    The Tinian monarch lives mainly in forested habitat where it 
shelters, breeds, and forages for insects. There are various types of 
forest on Tinian including native limestone, secondary-mixed, and 
nonnative tangantangan forest, all of which are inhabited by the 
monarch. Individuals breed year round beginning at about 2 years of age 
and live around 10 years.
    We evaluated all relevant factors under the five factors, including 
any regulatory mechanisms and conservation measures ameliorating 
stressors. The primary potential stressors affecting the Tinian monarch 
include the risk of the invasive, predatory brown treesnake 
establishing on Tinian and habitat loss from civilian and military 
development, including loss via potential resulting wildfires. We find 
that the risk of brown treesnake establishing on Tinian now and in the 
future is low, because of the sufficient interdiction program on Guam 
and Tinian that prevents the spread of the snake to areas where it is 
not found, including Tinian. We also find that despite extensive 
historical impacts to Tinian's forest habitat, the Tinian monarch is 
currently thriving. This is the result of expansive forest regrowth and 
the species' highly resilient nature, which is evidenced by its rebound 
following historical periods of habitat loss and by its ability to 
forage and reproduce within the remaining native forest, abundant 
nonnative forest, and mixed forest on Tinian. Therefore, we find that 
listing the Tinian monarch as an endangered species or threatened 
species is not warranted. A detailed discussion of the basis for this 
finding can be found in the Tinian monarch species assessment form and 
other supporting documents (see ADDRESSES, above).

Tippecanoe Darter

Previous Federal Actions
    On April 20, 2010, we received a petition from the Center for 
Biological Diversity, the Alabama Rivers Alliance, the Clinch 
Coalition, Dogwood Alliance, the Gulf Restoration Network, Tennessee 
Forests Council, and the West Virginia Highlands Conservancy to list 
404 aquatic, riparian, and wetland species, including the Tippecanoe 
darter, as endangered or threatened species under the Act. On September 
27, 2011, we published a 90-day finding in the Federal Register (76 FR 
59836), concluding that the petition presented substantial information 
indicating that listing the Tippecanoe darter may be warranted. This 
notice constitutes the 12-month finding on the April 20, 2010, petition 
to list the Tippecanoe darter under the Act.
Summary of Finding
    The Tippecanoe darter is one of the smallest species of darters (35 
millimeters (1.38 inches) in length). Males are distinguished by their 
gold or orange color with blue-black vertical bars, while females are 
more subdued in color. The fish has a relatively widespread, disjunct 
distribution with 12 of its 15 historical populations extant across six 
States: Indiana, Kentucky, Ohio, Pennsylvania, Tennessee, and West 
Virginia. The species is expanding its range in some areas.
    Tippecanoe darters inhabit fourth-order and larger streams and 
rivers, and prefer riffles and runs with rocky bottom substrates and 
adequate water flow to keep spaces between and under rocks free from 
sediment. Individuals are mature within their first year, spawn in May 
to early August, and live to between 1 and 2 years of age.
    We evaluated all relevant factors under the five factors, including 
any regulatory mechanisms and conservation measures ameliorating 
stressors. The primary stressors affecting the Tippecanoe darter 
include habitat fragmentation from dams and impairments to water 
quality, including sedimentation and agricultural and urban runoff. 
Despite impacts from these stressors, the species has maintained 
resilient populations and is increasing occupancy in some reaches, 
likely due to improved water quality or improved survey techniques. 
Although we predict some continued impacts from these stressors in the 
future, we anticipate the species will persist in resilient populations 
that are distributed widely throughout each of its representative 
physiographic provinces.
    In summary, we find that the stressors acting on the species and 
its habitat, either singly or in combination, are not of sufficient 
imminence, intensity, or magnitude to indicate that this species meets 
the definition of an endangered species or a threatened species. 
Therefore, we find that listing the Tippecanoe darter as an endangered 
species or threatened species is not warranted. A detailed discussion 
of the basis for this finding can be found in the Tippecanoe darter 
species assessment form and other supporting documents (see ADDRESSES, 
above).

New Information

    We request that you submit any new information concerning the 
taxonomy of, biology of, ecology of, status of, or stressors to the 
Cedar Key mole skink, Florida sandhill crane, Fremont County rockcress, 
Frisco buckwheat, Ostler's peppergrass, Frisco clover,

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MacGillivray's seaside sparrow, Ozark pyrg, pale blue-eyed grass, San 
Joaquin Valley giant flower-loving fly, striped newt, Tinian monarch, 
and Tippecanoe darter to the appropriate person, as specified under FOR 
FURTHER INFORMATION CONTACT, whenever it becomes available. New 
information will help us monitor these species and make appropriate 
decisions about their conservation and status. We encourage local 
agencies and stakeholders to continue cooperative monitoring and 
conservation efforts.

References Cited

    Lists of the references cited in the petition findings are 
available on the internet at http://www.regulations.gov in the dockets 
provided above in ADDRESSES and upon request from the appropriate 
person, as specified under FOR FURTHER INFORMATION CONTACT.

Authors

    The primary authors of this document are the staff members of the 
Species Assessment Team, Ecological Services Program.

Authority

    The authority for this action is section 4 of the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: December 7, 2018.
Margaret E. Everson,
Principal Deputy Director, U.S. Fish and Wildlife Service, Exercising 
the Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-27467 Filed 12-18-18; 8:45 am]
 BILLING CODE 4333-15-P