[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Proposed Rules]
[Pages 17768-17771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08449]
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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 Four 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 four petitions to add species to the List of Endangered
and Threatened Wildlife under the Endangered Species Act of 1973, as
amended (Act). Based on our review, we find that petitions to list the
Arizona eryngo (Eryngium sparganophyllum) and giraffe (Giraffa
camelopardalis) present substantial scientific or commercial
information indicating that the petitioned actions may be warranted.
Therefore, with the publication of this document, we announce that we
plan to initiate reviews of the statuses of those species to determine
if the petitioned actions are warranted. To ensure that the status
reviews are comprehensive, we are requesting scientific and commercial
data and other information regarding those species. Based on the status
reviews, we will issue 12-month findings on the petitions, which will
address whether or not the petitioned actions are warranted, in
accordance with the Act. We also find that petitions to list the
Refugio manzanita (Arctostaphylos refugioensis) and San Gabriel
chestnut snail (Glyptostoma gabrielense) do not present substantial
scientific or commercial information indicating that the petitioned
actions may be warranted. Therefore, we are not initiating status
reviews of these species in response to the petitions. We refer to
these findings as ``not substantial'' petition findings.
DATES: These findings were made on April 26, 2019. As we commence work
on the status reviews, we seek any new information concerning the
statuses of, or threats to, the species or their habitats. Any
information received during our work on the status reviews will be
considered.
ADDRESSES:
Supporting documents: 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). In addition, this supporting
information is available for public inspection, by appointment, during
normal business hours by contacting the appropriate person, as
specified in FOR FURTHER INFORMATION CONTACT.
Status Reviews: If you have new scientific or commercial data or
other information concerning the statuses of, or threats to, the
species for which a status review is being initiated, please provide
those data or 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 the 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 the
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.
Not-substantial petition findings: Summaries of the bases for the
not-substantial petition findings contained in this document are
available on http://www.regulations.gov under the appropriate docket
number (see Table 2 under SUPPLEMENTARY INFORMATION). This supporting
information is also 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, these species, or
their habitats, please submit that information to the appropriate
person.
FOR FURTHER INFORMATION CONTACT:
[[Page 17769]]
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Species common name Contact person
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Arizona eryngo................... Jeff Humphrey, 602-242-0210; [email protected].
giraffe.......................... Don Morgan, 703-358-2444; [email protected].
Refugio manzanita................ Catherine Darst, 805-677-3318; [email protected].
San Gabriel chestnut snail....... Mendel Stewart, 760-431-9440; [email protected].
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If you use a telecommunications device for the deaf, 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) in 50 CFR part 17. 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'' a species), remove a species from the
Lists (i.e., ``delist'' a species), or change a listed species' status
from endangered to threatened or from threatened to endangered (i.e.,
``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.
Our regulations 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 species or a
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, affect
individuals of a species negatively. 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 are expected to 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 under the Act.
If we find that a petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted, 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 basis for each finding, along with supporting
information, is available on http://www.regulations.gov under the
appropriate docket number.
Table 1--Status Reviews
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URL to Docket on http://
Common name Docket No. www.regulations.gov
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Arizona eryngo........................ FWS-R2-ES-2018-0087 https://www.regulations.gov/docket?D=FWS-R2-ES-2018-0087 0087.
giraffe............................... FWS-HQ-ES-2017-0101 https://www.regulations.gov/docket?D=FWS-HQ-ES-2017-0101 0101.
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[[Page 17770]]
Table 2--Not-substantial Petition Findings
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URL to Docket on http://
Common name Docket No. www.regulations.gov
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Refugio manzanita..................... FWS-R8-ES-2018-0088 https://www.regulations.gov/docket?D=FWS-R8-ES-2018-0088 0088.
San Gabriel chestnut snail............ FWS-R8-ES-2018-0089 https://www.regulations.gov/docket?D=FWS-R8-ES-2018-0089 0089.
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Evaluation of a Petition To List Arizona Eryngo as an Endangered or
Threatened Species Under the Act
Species and Range
Eryngium sparganophyllum (Arizona eryngo); Arizona and Mexico.
Petition History
On April 9, 2018, we received a petition from the Center for
Biological Diversity, requesting that the plant, Arizona eryngo, be
listed as endangered or threatened and 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
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 the petitioned action may be
warranted for the Arizona eryngo due to potential threats associated
with the following: Groundwater pumping, spring modification, surface
water diversion, trespass cattle grazing, and management activities
that result in an encroachment of shrubs (Factor A); and climate change
(Factor E). The petition also presented substantial information that
the existing regulatory mechanisms may be inadequate to address impacts
of these threats (Factor D).
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-R2-ES-2018-0087 under
the Supporting Documents section.
Evaluation of a Petition To List the Giraffe as an Endangered or
Threatened Species Under the Act
Species and Range
Giraffe (Giraffa camelopardalis): Africa (Angola, Botswana,
Cameroon, Central African Republic, Chad, Democratic Republic of the
Congo, Ethiopia, Kenya, Malawi, Mozambique, Namibia, Niger, Rwanda,
Somalia, South Africa, South Sudan, Swaziland, Tanzania, Uganda,
Zambia, and Zimbabwe).
Petition History
On April 19, 2017, we received a petition from the Center for
Biological Diversity, Humane Society International, Humane Society of
the United States, International Fund for Animal Welfare, and Natural
Resources Defense Council, requesting that the giraffe be listed as an
endangered or 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 giraffe due to potential threats associated with the
following: Development, agriculture, and resource harvesting (Factor
A); commercial trade and recreational hunting and poaching (Factor B);
disease (Factor C); and small population dynamics/genetic isolation
(Factor E). The petition also presented substantial information that
the existing regulatory mechanisms may be inadequate to address impacts
of these threats (Factor D).
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-2017-0101 under
Supporting Documents.
Evaluation of a Petition To List Refugio Manzanita as an Endangered
Species Under the Act
Species and Range
Arctostaphylos refugioensis (Refugio manzanita); Santa Barbara
County, California.
Petition History
On November 30, 2017, we received a petition from Los Padres
ForestWatch and the California Chaparral Institute, requesting the
plant, Refugio manzanita, be listed as endangered and 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 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 does not present substantial
scientific or commercial information indicating the petitioned action
may be warranted for the Refugio manzanita. Because the petition does
not present substantial information indicating that listing the Refugio
manzanita 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 findings under ADDRESSES,
above).
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-R8-ES-2018-0088 under
the Supporting Documents section.
Evaluation of a Petition to List the San Gabriel Chestnut Snail as an
Endangered or Threatened Species Under the Act
Species and Range
San Gabriel chestnut snail (Glyptostoma gabrielense); Los Angeles
County, California.
Petition History
On November 13, 2017, we received a petition from the Center for
Biological Diversity, requesting that the San Gabriel chestnut snail 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 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 does not present substantial
scientific or commercial information indicating the petitioned
[[Page 17771]]
action may be warranted for the San Gabriel chestnut snail. Because the
petition does not present substantial information indicating that
listing the San Gabriel chestnut snail 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 findings 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-R8-ES-2018-0089 under
the Supporting Documents section.
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 summarized above for the Arizona eryngo and giraffe
present substantial scientific or commercial information indicating
that the petitioned actions may be warranted. We are, therefore,
initiating status reviews to determine whether the actions are
warranted under the Act. At the conclusion of the status reviews, we
will issue findings, in accordance with section 4(b)(3)(B) of the Act,
as to whether the petitioned actions are 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 petitions summarized above
for Refugio manzanita and San Gabriel chestnut snail do not present
substantial scientific or commercial information indicating that the
requested actions may be warranted. Therefore, we are not initiating
status reviews for these species.
Authors
The primary authors of this 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: April 15, 2019.
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. 2019-08449 Filed 4-25-19; 8:45 am]
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