[Federal Register Volume 84, Number 244 (Thursday, December 19, 2019)]
[Proposed Rules]
[Pages 69713-69715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27338]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[4500030115]


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

AGENCY: Fish and Wildlife Service, Interior.

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

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on two 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 the 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 status reviews of 
the Bethany Beach firefly (Photuris bethaniensis) and Gulf Coast 
solitary bee (Hesperapis oraria) 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 the species and factors that may affect 
their status. Based on the status reviews, we will issue 12-month 
petition findings, which will address whether or not the petitioned 
actions are warranted, in accordance with the Act.

DATES: These findings were made on December 19, 2019. As we commence 
our status reviews, we seek any new information concerning the status 
of, or threats to, the species or their habitats. Any information 
received during the course of our 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 status of, or threats to, the species 
for which we are initiating status reviews, 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 table under SUPPLEMENTARY INFORMATION). Then, click on the 
``Search'' button. After finding the correct document, you may submit 
information by clicking on ``Comment Now!'' If your information will 
fit in the provided comment box, please use this feature of http://www.regulations.gov, as it is most compatible with our information 
review procedures. If you attach your information as a separate 
document, our preferred file format is Microsoft Word. If you attach 
multiple comments (such as form letters), our preferred format is a 
spreadsheet in Microsoft Excel.
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: [Insert appropriate docket number; see table 
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.

FOR FURTHER INFORMATION CONTACT: 

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          Species common name                     Contact person
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Bethany Beach firefly..................  Krishna Gifford, 413-253-8619;
                                          [email protected].
Gulf Coast solitary bee................  Sean Blomquist, 850-769-0552;
                                          [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 species to, removing species 
from, or reclassifying species on the Federal Lists of Endangered and 
Threatened Wildlife and Plants (List or Lists) in 50 CFR part 17. 
Section 4(b)(3)(A) of the Act requires that we make a finding on 
whether a

[[Page 69714]]

petition to add a species to the List (i.e., ``list'' a species), 
remove a species from the List (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 
table below, and the basis for each finding, along with supporting 
information, is available on http://www.regulations.gov under the 
appropriate docket number.

                          Table: Status Reviews
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                                                      URL to Docket on
          Common name               Docket No.            http://www.regulations.gov
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Bethany Beach firefly.........  FWS-R5-ES-2019-00  https://
                                 88.                www.regulations.gov/
                                                    docket?D=FWS-R5-ES-
                                                    2019-0088.
Gulf Coast solitary bee.......  FWS-R4-ES-2019-00  https://
                                 89.                www.regulations.gov/
                                                    docket?D=FWS-R4-ES-
                                                    2019-0089.
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Evaluation of a Petition To List the Bethany Beach Firefly

Species and Range
    Bethany Beach firefly (Photuris bethaniensis); Sussex County, 
Delaware.
Petition History
    On May 15, 2019, we received a petition from the Center for 
Biological Diversity and Xerces Society for Invertebrate Conservation 
requesting that the Bethany Beach firefly 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 whether the petition 
presents substantial information indicating the petitioned action may 
be warranted.
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 Bethany Beach firefly due to potential threats 
associated with the following: Habitat loss, degradation, or 
modification (via urban development, wetland conversion, and habitat 
fragmentation) (Factor A); overutilization for recreational purposes 
(Factor B); and other natural or manmade factors (via light pollution, 
invasive species, pesticide use, and the effects of climate change (sea 
level rise, increased incidence of severe storms, and increased 
temperature and phenology changes)) (Factor E). The petition also 
presented substantial information indicating 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://

[[Page 69715]]

www.regulations.gov under Docket No. FWS-R5-ES-2019-0088 under the 
Supporting Documents section.

Evaluation of a Petition To List the Gulf Coast Solitary Bee

Species and Range
    Gulf Coast solitary bee (Hesperapis oraria); Jackson County, 
Mississippi; Mobile and Baldwin Counties, Alabama; Escambia, Okaloosa, 
Walton, Santa Rosa, and Bay Counties, Florida.
Petition History
    On April 2, 2019, we received a petition dated March 27, 2019, from 
the Center for Biological Diversity, requesting that the Gulf Coast 
solitary bee 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 whether the petition presents substantial information 
indicating the petitioned action may be warranted.
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 Gulf Coast solitary bee due to potential threats 
associated with the following: Effects from climate change, pesticide 
spraying, and urbanization (Factor A); and loss of pollination 
mutualism (Factor E). The petition also presented substantial 
information indicating 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-R4-ES-2019-0089 under 
the Supporting Documents section.

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 Bethany 
Beach firefly and Gulf Coast solitary bee present substantial 
scientific or commercial information indicating that the petitioned 
actions may be warranted. We are, therefore, initiating status reviews 
of these species 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.

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: December 5, 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. 2019-27338 Filed 12-18-19; 8:45 am]
 BILLING CODE 4333-15-P