[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Proposed Rules]
[Pages 46927-46931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19226]


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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 Three 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 three petitions to add species to the List of 
Endangered and Threatened Wildlife under the Endangered Species Act of 
1973, as amended (Act), or to revise the critical habitat designation 
for a listed species. Based on our review, we find that of the two 
petitions to add species to the list, one 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 Mojave poppy bee (Perdita meconis) to determine whether the 
petitioned action is warranted. To ensure that the status review is 
comprehensive, we are requesting scientific and commercial data and 
other information regarding that species. Based on the status review, 
we will issue a 12-month petition finding, which will address whether 
or

[[Page 46928]]

not the petitioned action is warranted, in accordance with the Act. We 
find that the second petition to add a species to the list 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 Yellowstone National Park bison 
(population of Bison bison bison) in response to the petition. We refer 
to this finding as a ``not substantial'' petition finding. Lastly, we 
find that the third petition--a petition to revise the critical habitat 
designation for the currently listed Mount Graham red squirrel 
(Tamiasciurus hudsonicus grahamensis)--presents substantial scientific 
or commercial information indicating that the petitioned action may be 
warranted. Therefore, we announce that we plan to determine how we will 
proceed with the request to revise a critical habitat designation for 
the species.

DATES: These findings were made on September 6, 2019. 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 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 review and critical habitat review: If you have new 
scientific or commercial data or other information concerning the 
status of, or threats to, the species for which we are initiating a 
status review, or information concerning the critical habitat of the 
species for which we are initiating a review of the critical habitat 
designation, 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 Tables 1 and 2 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 
Tables 1 and 2 under SUPPLEMENTARY INFORMATION], U.S. Fish and Wildlife 
Service, MS: JAO/1N, 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: 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 3 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, this species or 
its habitat, please submit that information to the appropriate person.

FOR FURTHER INFORMATION CONTACT: 

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     Species common name                     Contact person
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Mojave poppy bee.............  Glen Knowles, 702-515-5230;
                                [email protected]
Mount Graham red squirrel....  Jeff Humphrey, 602-242-0210;
                                [email protected]
Yellowstone National Park      Marjorie Nelson, 303-236-4258;
 bison.                         [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, as well as for designating and 
revising critical habitat for listed species.

For Petitions To Add or Remove Species From the Lists, or Change the 
Listed Status of a Species

    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 (``list'' a species), 
remove a species from the Lists (``delist'' a species), or change a 
listed species' status from endangered to threatened or from threatened 
to endangered (``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.
    For petitions to add, remove, or reclassify a species, 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).

[[Page 46929]]

    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 or the effects of 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 to add, remove, or reclassify a species 
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).

For Petitions To Revise Critical Habitat

    Section 4(b)(3)(D) of the Act requires that we make a finding on 
whether a petition to revise a critical habitat designation 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.
    For petitions to revise critical habitat, 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 revision proposed in the petition may be warranted'' (50 CFR 
424.14(i)(1)(i)).
    In determining whether a revision of critical habitat may be 
warranted, we may consider the following:
    (1) Areas that the current designation does not include that should 
be included, or includes that should no longer be included, and any 
benefits of designating or not designating these specific areas as 
critical habitat;
    (2) The physical or biological features essential for the 
conservation of the species and whether they may require special 
management considerations or protection;
    (3) For any areas petitioned to be added to critical habitat within 
the geographical area occupied by the species at the time it was 
listed, information indicating that the specific areas contain one or 
more of the physical or biological features (including characteristics 
that support ephemeral or dynamic habitat conditions) that are 
essential to the conservation of the species, or that these features do 
not require special management considerations or protection;
    (4) For any areas petitioned for removal from currently designated 
critical habitat within the geographical area occupied by the species 
at the time it was listed, information indicating that the specific 
areas do not contain the physical or biological features (including 
characteristics that support ephemeral or dynamic habitat conditions) 
that are essential to the conservation of the species, or that these 
features do not require special management considerations or 
protection; and
    (5) For areas petitioned to be added to or removed from critical 
habitat that were outside the geographical area occupied by the species 
at the time it was listed, information indicating why the petitioned 
areas are or are not essential for the conservation of the species.
    If we find that a petition to revise critical habitat presents 
substantial scientific or commercial information indicating that the 
requested revision may be warranted, section 4(b)(3)(D)(ii) of the Act 
requires us to determine how to proceed with the requested revision.

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 Review
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                                                                                  URL to docket on http://
                 Common name                           Docket No.                    www.regulations.gov
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Mojave poppy bee............................           FWS-R8-ES-2019-0083  https://www.regulations.gov/docket?D=FWS-R8-ES-2019-0083
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                                        Table 2--Critical Habitat Review
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                                                                                  URL to docket on http://
                 Common name                           Docket No.                    www.regulations.gov
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Mount Graham red squirrel...................           FWS-R2-ES-2019-0084  https://www.regulations.gov/docket?D=FWS-R2-ES-2019-0084
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[[Page 46930]]


                                    Table 3--Not-Substantial Petition Finding
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                                                                                  URL to docket on http://
                 Common name                           Docket No.                    www.regulations.gov
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Yellowstone National Park bison.............           FWS-R6-ES-2019-0085  https://www.regulations.gov/docket?D=FWS-R6-ES-2019-0085
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Evaluation of a Petition To List the Mojave Poppy Bee

Species and Range
    Mojave poppy bee (Perdita meconis); Nevada.
Petition History
    On October 17, 2018, we received a petition from the Center for 
Biological Diversity, requesting that the Mojave poppy bee be listed as 
endangered 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 presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for the Mojave poppy bee due to potential threats associated 
with the following: grazing, recreation, and gypsum mining (Factor A); 
and competition with nonnative honey bees (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-R8-ES-2019-0083 under 
Supporting Documents.

Evaluation of a Petition To Revise the Critical Habitat Designation for 
the Mount Graham Red Squirrel

Species and Range
    Mount Graham red squirrel (Tamiasciurus hudsonicus grahamensis); 
Arizona.
Petition History
    On December 14, 2017, we received a petition from the Center for 
Biological Diversity requesting that critical habitat for the Mount 
Graham red squirrel be revised 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
    The Mount Graham red squirrel is a small, grayish-brown arboreal 
subspecies that is tinged rusty or yellowish along the back and occurs 
in high-elevation forests down to approximately 7,500 feet (2,286 
meters) in the Pinale[ntilde]o Mountains, Graham County, Arizona. On 
January 5, 1990, we published a final rule in the Federal Register (55 
FR 425) designating critical habitat in three units of dense stands of 
mature spruce-fir forest, for a total of about 2,000 acres (800 
hectares).
    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 revising critical habitat for 
the Mount Graham red squirrel may be warranted. Our conclusion is based 
primarily on new information indicating significant changes to the 
forest currently designated as critical habitat and regarding the 
squirrel's use of habitat previously considered to be of lesser 
importance.
    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-2019-0084 under 
Supporting Documents.

Evaluation of a Petition To List the Yellowstone National Park Bison

Species and Range
    Plains bison (population of Bison bison bison); in and around 
Yellowstone National Park in Idaho, Montana, and Wyoming.
Petition History
    On November 14, 2014, we received a petition from Western 
Watersheds Project and Buffalo Field Campaign, requesting that Plains 
bison in and around Yellowstone National Park (Yellowstone National 
Park bison) be listed as an endangered or threatened distinct 
population segment (DPS) under the Act (first petition). The first 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(c). On March 2, 2015, we received a second petition from James 
Horsley, which also requested that Yellowstone National Park bison be 
listed as endangered or threatened under the Act (second petition). On 
January 12, 2016, we published a 90-day finding in the Federal Register 
(81 FR 1368) concluding that the two petitions did not provide 
substantial scientific or commercial information indicating that the 
petitioned actions may be warranted. On September 26, 2016, petitioners 
from the first petition, along with a third party (Friends of Animals), 
brought suit under the Endangered Species Act and the Administrative 
Procedure Act asserting that our determination was arbitrary and 
capricious. On January 31, 2018, the Court remanded the case for the 
Service to conduct a new 90-day finding. On March 16, 2018, we received 
a new petition from James Horsley, requesting emergency listing for 
Yellowstone National Park bison (third petition). The third 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 all three petitions.
Finding
    Based on our review of the petitions and sources cited in the 
petitions, we find that the petitions do not present substantial 
scientific or commercial information indicating the petitioned action 
may be warranted for Yellowstone National Park bison. Because the 
petitions do not present substantial information indicating that 
listing Yellowstone National Park bison may be warranted, we are not 
initiating a status review of this species in response to the 
petitions. However, we ask that the public submit to us any new 
information that becomes available concerning the status of, or threats 
to, the Yellowstone National Park bison or its habitat at any time (see 
Not-substantial petition finding under ADDRESSES, above).
    The basis for our finding on these petitions, and other information 
regarding our review of the petitions, can be found as an appendix at 
http://www.regulations.gov under Docket No. FWS-R6-ES-2019-0085 under 
Supporting Documents.

[[Page 46931]]

Conclusion

    On the basis of our evaluation of the information presented in the 
petitions under sections 4(b)(3)(A) and 4(b)(3)(D)(i) of the Act, we 
have determined that the petitions summarized above for the Mojave 
poppy bee and Mount Graham red squirrel present substantial scientific 
or commercial information indicating that the petitioned actions may be 
warranted. We are, therefore, initiating a status review of the Mojave 
poppy bee 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 are 
initiating a review of the critical habitat designation for the Mount 
Graham red squirrel to determine whether revising the designation is 
warranted. At the conclusion of the review, we will issue a finding, in 
accordance with section 4(b)(3)(D)(ii) of the Act, and we will 
determine how to proceed.
    Lastly, we have determined that the petitions summarized above for 
Yellowstone National Park bison do not present substantial scientific 
or commercial information indicating that the requested action may be 
warranted. Therefore, we are not initiating a status review for 
Yellowstone National Park bison.

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: August 29, 2019.
Stephen Guertin,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the 
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2019-19226 Filed 9-5-19; 8:45 am]
 BILLING CODE 4333-15-P