[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Proposed Rules]
[Pages 44265-44267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15154]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FF09E21000 FXES11110900000201]


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 Plants 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 Las Vegas bearpoppy (Arctomecon californica) and Tiehm's buckwheat 
(Eriogonum tiehmii) to determine whether the petitioned actions are 
warranted. To ensure that the status reviews are comprehensive,

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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 July 22, 2020. 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 we 
receive during the course of our status reviews will be considered.

ADDRESSES: Supporting documents: Summaries of the basis 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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Las Vegas bearpoppy..........  Glen Knowles, 702-515-5230;
                                [email protected].
Tiehm's buckwheat............  Lee Ann Carranza, 775-861-6300; lee
                                [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 (Lists or List) 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 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); 
and
    (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

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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 http://
               Common name                         Docket No.                     www.regulations.gov
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Las Vegas bearpoppy......................        FWS-R8-ES-2020-0016  https://www.regulations.gov/docket?D=FWS-R8-ES-2020-0016.
Tiehm's buckwheat........................        FWS-R8-ES-2020-0017  https://www.regulations.gov/docket?D=FWS-R8-ES-2020-0016.
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Evaluation of a Petition To List the Las Vegas Bearpoppy

Species and Range
    Las Vegas bearpoppy (Arctomecon californica); Clark County, Nevada, 
and Mohave County, Arizona.
Petition History
    On August 14, 2019, we received a petition from the Center for 
Biological Diversity requesting that the Las Vegas bearpoppy 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, 
as 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 Las Vegas bearpoppy due to potential threats 
associated with the following: Urbanization, mining, grazing, and 
recreation (Factor A); and nonnative bees (including Africanized) 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-R8-ES-2020-0016 under 
the Supporting Documents section.

Evaluation of a Petition To List Tiehm's Buckwheat

Species and Range
    Tiehm's buckwheat (Eriogonum tiehmii); Esmeralda County, Nevada.
Petition History
    On October 7, 2019, we received a petition from the Center for 
Biological Diversity, requesting that Tiehm's buckwheat be emergency 
listed as threatened or 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, as required at 50 CFR 424.14(c). The Act does not provide 
for a process to petition emergency listing; therefore, we are 
evaluating this petition under the normal process of determining if it 
presents substantial scientific or commercial information indicating 
that the petitioned action may be warranted. This finding addresses the 
petition.
Finding
    Based on our review of the petition and sources cited in the 
petition, and other readily available information, we find that the 
petition presents substantial scientific or commercial information 
indicating that the petitioned action may be warranted for Tiehm's 
buckwheat due to the potential destruction of habitat from mining 
(Factor A). The petitioners also presented information suggesting 
invasive species, off-road vehicles, wildfires, climate change, and 
grazing may be threats to Tiehm's buckwheat. We will fully evaluate 
these potential threats during our 12-month status review, pursuant to 
the Act's requirement to consider the best available scientific 
information when making that finding.
    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-2020-0017 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 Las Vegas 
bearpoppy and Tiehm's buckwheat 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.).

Aurelia Skipwith,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-15154 Filed 7-21-20; 8:45 am]
BILLING CODE 4333-15-P