[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Proposed Rules]
[Pages 15637-15639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05946]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FF09E21000 FXES11110900000 212]


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.

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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 Lists of 
Endangered and Threatened Wildlife and 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 Rio Grande shiner (Notropis 
jemezanus), Shasta snow-wreath (Neviusia cliftonii), and threecorner 
milkvetch (Astragalus geyeri var. triquetrus) 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 March 24, 2021. 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).
    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 to: Public Comments 
Processing, Attn: [Insert appropriate docket number; see table under 
SUPPLEMENTARY INFORMATION], U.S. Fish and Wildlife Service, MS: PRB/3W, 
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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Rio Grande shiner......................  Andy Dean, 505-342-9900 x112,
                                          [email protected].
Shasta snow-wreath.....................  Jenny Ericson, 503-841-3114,
                                          [email protected].
Threecorner milkvetch..................  Glen Knowles, 702-515-5230;
                                          [email protected].
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[[Page 15638]]

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 effects of the threats on the species as a whole. We also 
consider the cumulative effects 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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Rio Grande shiner.............  FWS-R2-ES-2020-00  https://
                                 54.                www.regulations.gov/
                                                    docket?D=FWS-R2-ES-
                                                    2020-0054.
Shasta snow-wreath............  FWS-R8-ES-2020-00  https://
                                 55.                www.regulations.gov/
                                                    docket?D=FWS-R8-ES-
                                                    2020-0055.
Threecorner milkvetch.........  FWS-R8-ES-2020-00  https://
                                 56.                www.regulations.gov/
                                                    docket?D=FWS-R8-ES-
                                                    2020-0056.
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Evaluation of a Petition To List the Rio Grande Shiner

Species and Range
    Rio Grande shiner (Notropis jemezanus); New Mexico, Texas, and 
Mexico.
Petition History
    On January 23, 2020, we received a petition dated January 21, 2020, 
from WildEarth Guardians requesting that the Rio Grande shiner be 
listed as an endangered species 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 Rio Grande shiner due to potential threats associated 
with the following: Dewatering, habitat fragmentation,

[[Page 15639]]

changes in stream morphology and flow regimes, and water quality 
degradation (Factor A); predation from nonnative species (Factor C); 
and climate change, human population growth, and small isolated 
populations (Factor E). The petition also presented substantial 
information that the existing regulatory mechanisms may be inadequate 
to address impacts of these threats (Factor D). We will fully evaluate 
all potential threats during our 12-month status review, pursuant to 
the Act's requirement to review the best available scientific 
information when making that finding.
    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-2020-0054 under 
the Supporting Documents section.

Evaluation of a Petition To List the Shasta Snow-Wreath

Species and Range
    Shasta snow-wreath (Neviusia cliftonii); Shasta County, California.
Petition History
    On October 3, 2019, we received a petition dated September 30, 
2019, from Kathleen S. Roche and the California Native Plant Society, 
requesting that Shasta snow-wreath (Neviusia cliftonii) 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 Shasta snow-wreath due to potential threats under 
Factor A, including impacts of: Raising Shasta Dam and related 
activities; ongoing activities, such as mining, logging, and road or 
trail maintenance; invasive species; and habitat changes, such as 
landslides and soil slumping. The petition also presented substantial 
information that the existing regulatory mechanisms may be inadequate 
to address impacts of these threats (Factor D). We will fully evaluate 
all potential threats during our 12-month status review, pursuant to 
the Act's requirement to review 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-2020-0055 under 
the Supporting Documents section.

Evaluation of a Petition To List the Threecorner Milkvetch

Species and Range
    Threecorner milkvetch (Astragalus geyeri var. triquetrus); Clark 
and Lincoln Counties, Nevada; Mohave County, Arizona.
Petition History
    On April 25, 2019, we received a petition dated April 25, 2019, 
from Basin and Range Watch and Western Watersheds Project, requesting 
that the threecorner milkvetch 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, 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, we find that the petition presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for the threecorner milkvetch due to potential threats 
associated with energy development, utility infrastructure, and weedy 
invasive plants (Factor A). The petition also presented substantial 
information that the existing regulatory mechanisms may be inadequate 
to address impacts of these threats (Factor D). The petition also 
presented information suggesting livestock grazing, off-highway vehicle 
use, urban development, increased recreation and visitor use in parks, 
drought, and habitat fragmentation may be threats to the threecorner 
milkvetch. We will fully evaluate all potential threats during our 12-
month status review, pursuant to the Act's requirement to review the 
best available scientific information when making that finding.
    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-2020-0056 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 Rio Grande 
shiner, Shasta snow-wreath, and threecorner milkvetch 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.).

Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the 
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-05946 Filed 3-23-21; 8:45 am]
BILLING CODE 4333-15-P