[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Proposed Rules]
[Pages 41691-41694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17569]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[4500030115]


Endangered and Threatened Wildlife and Plants; 90-Day Findings 
for Three Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition findings and initiation of status reviews.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on three petitions to add or reclassify species under the 
Endangered Species Act of 1973, as amended (Act). Based on our review, 
we find that two petitions 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 
whether 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 which will address whether or 
not the petitioned actions are 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 that 
species in response to the petition. We refer to this finding as a 
``not substantial'' petition finding.

DATES: These findings were made on August 15, 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. We will 
consider any relevant information that we receive during our work on 
the status reviews.

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 Tables 1 
and 2 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 finding: 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 listed under 
FOR FURTHER INFORMATION CONTACT, below.

FOR FURTHER INFORMATION CONTACT: 

------------------------------------------------------------------------
           Species common name                    Contact person
------------------------------------------------------------------------
Gila topminnow..........................  Jeff Humphrey, 602-242-0210;
                                           [email protected].
lake sturgeon...........................  Barb Hosler, 517-351-1443;
                                           [email protected].
Siskiyou Mountains salamander...........  Jenny Ericson, 530-841-3115;
                                           [email protected].
------------------------------------------------------------------------


[[Page 41692]]

    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. 1533(a)(1)). 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 that we 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
----------------------------------------------------------------------------------------------------------------
                                                                                      URL to docket on http://
             Common name                               Docket No.                       www.regulations.gov
----------------------------------------------------------------------------------------------------------------
Gila topminnow.......................  FWS-R2-ES-2018-0109.......................  https://www.regulations.gov/docket?D=FWS-R2-ES-2018-0109 0109.
lake sturgeon........................  FWS-R3-ES-2018-0110.......................  https://www.regulations.gov/docket?D=FWS-R3-ES-2018-0110 0110.
----------------------------------------------------------------------------------------------------------------


                                    Table 2--Not-Substantial Petition Finding
----------------------------------------------------------------------------------------------------------------
                                                                                      URL to docket on http://
             Common name                               Docket No.                       www.regulations.gov
----------------------------------------------------------------------------------------------------------------
Siskiyou Mountains salamander........  FWS-R8-ES-2018-0111.......................  https://www.regulations.gov/docket?D=FWS-R8-ES-2018-0111 0111.
----------------------------------------------------------------------------------------------------------------


[[Page 41693]]

Evaluation of a Petition To Reclassify the Gila Topminnow

Species and Range
    Gila topminnow (Poeciliopsis occidentalis occidentalis); Arizona, 
New Mexico, and Mexico.
Petition History
    On May 16, 2018, we received a petition from the Arizona Game and 
Fish Department, requesting that the Gila topminnow be reclassified 
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 the petitioned action may be 
warranted for the Gila topminnow due to potential reduction or 
mitigation of threats associated with the following: Destruction, 
modification, or curtailment of the species' habitat or range (Factor 
A); predation (Factor B); competition with nonnative aquatic species 
(Factor E); and cumulative effects associated with these threats.
    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-2018-0109 under 
the Supporting Documents section.

Evaluation of a Petition To List the Lake Sturgeon as an Endangered or 
Threatened Species Under the Act

Species and Range
    Lake sturgeon (Acipenser fulvescens); Great Lakes, St. Lawrence, 
Hudson Bay, and Mississippi River basins in Illinois, Indiana, Iowa, 
Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, New York, 
North Dakota, Ohio, Pennsylvania, Tennessee, Vermont, and Wisconsin; 
Coosa River in Alabama and Georgia.
Petition History
    On May 23, 2018, we received a petition from the Center for 
Biological Diversity, requesting that lake sturgeon be listed as 
threatened rangewide or that nine distinct population segments (DPSs) 
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 that the petitioned action may be 
warranted for the lake sturgeon due to potential threats associated 
with the following: Dams and hydroelectric facilities, dredging and 
channelization, and contaminants (Factor A); and habitat fragmentation, 
the species' life-history characteristics, and invasive species (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-R3-ES-2018-0110 under 
the Supporting Documents section.

Evaluation of a Petition To List the Siskiyou Mountains Salamander as 
an Endangered or Threatened Species Under the Act

Species and Range
    Siskiyou Mountains salamander (Plethodon stormi); California and 
Oregon.
Petition History
    On March 13, 2018, we received a petition from the Center for 
Biological Diversity, Klamath-Siskiyou Wildlands Center, Environmental 
Protection Information Center, and Cascadia Wildlands requesting that 
the Siskiyou Mountains salamander 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 does not present substantial 
scientific or commercial information indicating the petitioned action 
may be warranted for the Siskiyou Mountains salamander. The petitioners 
have not provided information to support their assertions that the 
activities or conditions they identify as potential threats--logging, 
habitat fragmentation, fire, roads, mining, developed recreation, 
disease, and climate change--affect the species negatively, as the 
regulations require at 50 CFR 424.14(d). Because the petition does not 
present substantial information indicating that listing the Siskiyou 
Mountains salamander 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 the petition, can be found as an appendix at 
http://www.regulations.gov under Docket No. FWS-R8-ES-2018-0111 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 Gila topminnow and lake sturgeon 
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 petition summarized above 
for the Siskiyou Mountains salamander does not present substantial 
scientific or commercial information indicating that the requested 
action 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.).


[[Page 41694]]


    Dated: August 2, 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. 2019-17569 Filed 8-14-19; 8:45 am]
 BILLING CODE 4333-15-P