[Federal Register Volume 86, Number 89 (Tuesday, May 11, 2021)]
[Proposed Rules]
[Pages 25833-25836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09707]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FF09E21000 FXES11110900000212]


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 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 Aztec gilia (Aliciella formosa), 
Clover's cactus (Sclerocactus cloverae), and Suckley's cuckoo bumble 
bee (Bombus suckleyi) 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 May 11, 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). In addition, this supporting 
information is available by contacting the appropriate person, as

[[Page 25834]]

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 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: 

------------------------------------------------------------------------
       Species  common  name                   Contact person
------------------------------------------------------------------------
Aztec gilia.......................  Shawn Sartorius, Field Supervisor,
                                     New Mexico Ecological Services
                                     Field Office, 505-761-4781;
                                     [email protected].
Clover's cactus...................  Shawn Sartorius, Field Supervisor,
                                     New Mexico Ecological Services
                                     Field Office, 505-761-4781;
                                     [email protected].
Suckley's cuckoo bumble bee.......  Sarah Conn, Project Leader,
                                     Fairbanks Fish and Wildlife
                                     Conservation Office, 907-456-0499;
                                     [email protected].
------------------------------------------------------------------------

    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 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

[[Page 25835]]

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
------------------------------------------------------------------------
                                                      URL to docket on
          Common name               Docket No.            http://www.regulations.gov
------------------------------------------------------------------------
Aztec gilia...................  FWS-R2-ES-2020-00  https://
                                 95.                www.regulations.gov/
                                                    docket?D=FWS-R2-ES-
                                                    2020-0095.
Clover's cactus...............  FWS-R2-ES-2020-00  https://
                                 96.                www.regulations.gov/
                                                    docket?D=FWS-R2-ES-
                                                    2020-0096.
Suckley's cuckoo bumble bee...  FWS-R7-ES-2020-00  https://
                                 97.                www.regulations.gov/
                                                    docket?D=FWS-R7-ES-
                                                    2020-0097.
------------------------------------------------------------------------

Evaluation of a Petition To List Aztec Gilia

Species and Range
    Aztec gilia (Aliciella formosa); New Mexico.
Previous Federal Actions
    On June 11, 2020, we received a petition dated May 29, 2020, from 
WildEarth Guardians requesting that the Aztec gilia be listed as an 
endangered or threatened 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 the petitioned action may be 
warranted for the Aztec gilia due to potential threats associated with 
the following: Oil and gas development, off-road vehicle use, and 
livestock grazing (Factor A); predation (Factor C); and climate change 
(Factor E). The petition also presented substantial information that 
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-R2-ES-2020-0095 under 
the Supporting Documents section.

Evaluation of a Petition To List Clover's Cactus

Species and Range
    Clover's cactus (Sclerocactus cloverae); New Mexico, Colorado.
Previous Federal Actions
    On June 11, 2020, we received a petition dated May 29, 2020, from 
WildEarth Guardians requesting that the Clover's cactus be listed as an 
endangered or threatened 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 the petitioned action may be 
warranted for the Clover's cactus due to potential threats associated 
with the following: Oil and gas development, off-road vehicle use, and 
livestock grazing (Factor A); illegal collection (Factor B); predation 
(Factor C); and climate change (Factor E). The petition also presented 
substantial information that existing regulatory mechanisms may be 
inadequate to address impacts of these threats (Factor D). We will 
fully evaluate these 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-2020-0096 under 
the Supporting Documents section.

Evaluation of a Petition To List Suckley's Cuckoo Bumble Bee

Species and Range
    Suckley's cuckoo bumble bee (Bombus suckleyi); Alaska, California, 
Oregon, Washington, Idaho, Colorado, Montana, North Dakota, South 
Dakota, and New York; Canada: British Columbia, Yukon, Northwest 
Territories, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Nova 
Scotia, and Newfoundland and Labrador.
Previous Federal Actions
    On April 23, 2020, we received a petition dated April 23, 2020, 
from the Center for Biological Diversity, requesting that Suckley's 
cuckoo bumble bee 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 the petitioned action may be 
warranted for the Suckley's cuckoo bumble bee due to potential threats 
associated with the following: Livestock grazing and habitat loss from 
fire management (Factor A); disease or loss of hosts and potential host 
transmission (Factor C); pesticide use for bark beetle management, 
agricultural intensification, effects of climate change, loss of 
genetic diversity, and synergistic effects (Factor E). The petition 
also presented substantial information that existing regulatory 
mechanisms may be inadequate to address impacts of these threats 
(Factor D). We will fully evaluate these 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

[[Page 25836]]

be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R7-ES-2020-0097 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 Aztec gilia, 
Clover's cactus, and Suckley's cuckoo bumble 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.).

Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the 
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-09707 Filed 5-10-21; 8:45 am]
BILLING CODE 4333-15-P