[Federal Register Volume 86, Number 89 (Tuesday, May 11, 2021)]
[Rules and Regulations]
[Pages 25806-25808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09748]


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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; Two Species Not 
Warranted for Listing as Endangered or Threatened Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notification of findings.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 
findings that two species are not warranted for listing as endangered 
or threatened species under the Endangered Species Act of 1973, as 
amended (Act). After a thorough review of the best available scientific 
and commercial information, we find that it is not warranted at this 
time to list Hall's bulrush (Schoenoplectiella hallii) or triangle 
pigtoe (formerly Fusconaia lananensis). However, we ask the public to 
submit to us at any time any new information relevant to the status of 
any of the species mentioned above or their habitats.

DATES: The findings in this document were made on May 11, 2021.

ADDRESSES: Detailed descriptions of the bases for these findings are 
available on the internet at http://www.regulations.gov under the 
following docket numbers:

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             Species                             Docket No.
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Hall's bulrush...................  FWS-R3-ES-2020-0144
Triangle pigtoe..................  FWS-R2-ES-2020-0145
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    Supporting information used to prepare this finding is available by 
contacting the appropriate person as specified under FOR FURTHER 
INFORMATION CONTACT. Please submit any new information, materials, 
comments, or questions concerning this finding to the appropriate 
person, as specified under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: 

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                Species                        Contact information
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Hall's bulrush.........................  Karen Herrington, Field
                                          Supervisor, Missouri
                                          Ecological Services Field
                                          Office, 573-234-2132,
                                          [email protected].
Triangle pigtoe........................  Debra Bills, Field Supervisor,
                                          Arlington Ecological Services
                                          Field Office, 817-277-1100
                                          x22113, [email protected].
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    If you use a telecommunications device for the deaf (TDD), please 
call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    Under section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), we 
are required to make a finding whether or not a petitioned action is 
warranted within 12 months after receiving any petition for which we 
have determined contains substantial scientific or commercial 
information indicating that the petitioned action may be warranted 
(``12-month finding''). We must make a finding that the petitioned 
action is: (1) Not warranted; (2) warranted; or (3) warranted but 
precluded. We must publish a notice of these 12-month findings in the 
Federal Register.

Summary of Information Pertaining to the Five Factors

    Section 4 of the Act (16 U.S.C. 1533) and the implementing 
regulations at part 424 of title 50 of the Code of Federal Regulations 
(50 CFR part 424) set forth procedures for adding species to, removing 
species from, or reclassifying species on the Lists of Endangered and 
Threatened Wildlife and Plants (Lists). The Act defines ``species'' as 
any subspecies of fish or wildlife or plants, and any distinct 
population segment of any species of vertebrate fish or wildlife which 
interbreeds when mature. The Act defines ``endangered species'' as any 
species that is in danger of extinction throughout all or a significant 
portion of its range (16 U.S.C. 1532(6)), and ``threatened species'' as 
any species that is likely to become an endangered species within the 
foreseeable future throughout all or a significant portion of its range 
(16 U.S.C. 1532(20)). Under section 4(a)(1) of the Act, a species may 
be determined to be an endangered species or a threatened species 
because of any of the following five factors:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;

[[Page 25807]]

    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    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 negatively 
affect individuals of a species. 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) does not necessarily mean that the 
species meets the statutory definition of an ``endangered species'' or 
a ``threatened species.'' In determining whether a species meets either 
definition, we must evaluate all identified threats by considering the 
expected response by the species, and the effects of the threats--in 
light of those actions and conditions that will ameliorate the 
threats--on an individual, population, and species level. We evaluate 
each threat and its expected effects on the species, then analyze the 
cumulative effect of all 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 will have positive effects on the species, 
such as any existing regulatory mechanisms or conservation efforts. The 
Secretary determines whether the species meets the definition of an 
``endangered species'' or a ``threatened species'' only after 
conducting this cumulative analysis and describing the expected effect 
on the species now and in the foreseeable future.
    The Act does not define the term ``foreseeable future,'' which 
appears in the statutory definition of ``threatened species.'' Our 
implementing regulations at 50 CFR 424.11(d) set forth a framework for 
evaluating the foreseeable future on a case-by-case basis. The term 
``foreseeable future'' extends only so far into the future as the 
Service can reasonably determine that both the future threats and the 
species' responses to those threats are likely. In other words, the 
foreseeable future is the period of time in which we can make reliable 
predictions. ``Reliable'' does not mean ``certain''; it means 
sufficient to provide a reasonable degree of confidence in the 
prediction. Thus, a prediction is reliable if it is reasonable to 
depend on it when making decisions.
    It is not always possible or necessary to define foreseeable future 
as a particular number of years. Analysis of the foreseeable future 
uses the best scientific and commercial data available and should 
consider the timeframes applicable to the relevant threats and to the 
species' likely responses to those threats in view of its life-history 
characteristics. Data that are typically relevant to assessing the 
species' biological response include species-specific factors such as 
lifespan, reproductive rates or productivity, certain behaviors, and 
other demographic factors.
    In conducting our evaluation of the five factors provided in 
section 4(a)(1) of the Act to determine whether Hall's bulrush meets 
the definition of ``endangered species'' or ``threatened species,'' we 
considered and thoroughly evaluated the best scientific and commercial 
information available regarding the past, present, and future stressors 
and threats. In conducting our taxonomic evaluation of triangle pigtoe, 
we determined that it does not meet the definition of a species or 
subspecies under the Act, and, as a result, we concluded that triangle 
pigtoe is not a listable entity. We reviewed the petitions, information 
available in our files, and other available published and unpublished 
information for both of these species. Our evaluation may include 
information from recognized experts; Federal, State, and Tribal 
governments; academic institutions; foreign governments; private 
entities; and other members of the public.
    The species assessment form for Hall's bulrush contains more 
detailed biological information, a thorough analysis of the listing 
factors, a list of literature cited, and an explanation of why we 
determined that this species do not meet the definition of an 
endangered species or a threatened species. The species assessment form 
for triangle pigtoe contains more detailed taxonomic information, a 
list of literature cited, and an explanation of why we determined that 
this species does not meet the definition of a species or subspecies. 
This supporting information can be found on the internet at http://www.regulations.gov under the appropriate docket number (see ADDRESSES, 
above). The following are informational summaries for the findings in 
this document.

Hall's Bulrush

Previous Federal Actions
    On April 20, 2010, the Service received a petition from the CBD to 
list 404 aquatic, riparian, and wetland species from the southeastern 
United States, including Hall's bulrush (Schoenoplectiella hallii), as 
endangered or threatened under the Act (CDB 2010, entire). On September 
27, 2011, we published a 90-day finding (76 FR 59836) for 374 of the 
404 petitioned species, including Hall's bulrush; that finding stated 
that the petition presented substantial information that listing Hall's 
bulrush may be warranted, due to the threats of present or threatened 
destruction, modification, or curtailment of the species' habitat or 
range; predation; inadequacy of existing regulatory mechanisms; and 
other natural or manmade factors, including pollution, global climate 
change, drought, invasive species, and synergies between multiple 
threats. The finding solicited information on, and initiated a status 
review for, the species.
Summary of Finding
    Hall's bulrush is a tufted annual bulrush with a stem length 
ranging from 1.6 to 31 inches (4 to 80 centimeters). It is historically 
found across 14 States: Massachusetts, Georgia, Ohio, Kentucky, 
Michigan, Indiana, Wisconsin, Illinois, Iowa, Missouri, Nebraska, 
Kansas, Oklahoma, and Texas. Biologists have concluded the species has 
been extirpated from Georgia and Massachusetts.
    Hall's bulrush requires multiple adequately timed seasonal flood 
events to break seed dormancy and to trigger germination. For a seed to 
germinate, it also needs bare soil, presence of ethylene, light, 
adequate temperature, and moist soil. Seedlings and mature plants need 
light, moist soil, space, nutrients, and pollination (mature plant 
only).
    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to Hall's bulrush, and we evaluated all relevant factors under the five 
listing factors, including any regulatory mechanisms and conservation 
measures addressing these stressors and the cumulative impact of these 
stressors. The primary stressors affecting Hall's bulrush's biological 
status include habitat alteration, destruction, and conversion; 
hybridization; and grazing. Hall's

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bulrush has little population abundance information available across 
its range. The best available demographic data do not allow us to 
evaluate the ability of Hall's bulrush populations to withstand 
demographic stochastic events. Annual variation (in timing and 
duration) of rain events mean that Hall's bulrush populations are 
cyclic and dependent on water fluctuations. Therefore, we assessed the 
population status based on the condition of the habitat, including the 
presence of potential hybridizing plants. We made the assumption that 
healthy habitat, (i.e., higher habitat metric scores on the 
Environmental Protection Agency's Watershed Index Online tool and 
higher average scores of the Natural Resources Conservation Service 
depth to water table) will support a healthy population of Hall's 
bulrush.
    Despite impacts from the primary stressors, the species has 
maintained populations throughout its range in multiple ecoregions. We 
anticipate sufficient quality and quantity of habitat to support the 
viability of the species for the foreseeable future. Hall's bulrush 
currently has healthy (moderately or highly resilient) populations 
across its range (32 extant populations across seven ecoregions). The 
species' representation among ecoregions has not changed significantly 
between the historical and most recent surveys. Hall's bulrush has 
retained redundancy (and we project it to be maintained into the 
future) based on multiple resilient populations being spread across its 
historical range in seven ecoregions. Based on these conditions, the 
Hall's bulrush current risk of extinction is very low. Although we 
predict some continued impacts from these stressors in the future, we 
anticipate the species will continue to maintain resilient populations 
into the foreseeable future throughout its range and that are 
distributed widely throughout each of its ecoregions (representative 
units). Therefore, we find that listing Hall's bulrush as an endangered 
species or threatened species under the Act is not warranted. A 
detailed discussion of the basis for this finding can be found in the 
Hall's bulrush species assessment form and other supporting documents 
(see ADDRESSES, above).

Triangle Pigtoe

Previous Federal Actions
    On June 25, 2007, the Service received a petition dated June 18, 
2007, from Forest Guardians (now WildEarth Guardians) requesting that 
the Service list 475 species, including the triangle pigtoe (formerly 
Fusconaia lananensis), as endangered or threatened species and 
designate critical habitat under the Act.
    On December 16, 2009, the Service published a 90-day finding (74 FR 
66866) on 192 of the 475 species and stated that the petition presented 
substantial scientific information indicating that listing may be 
warranted for 67 of the 192 species, including the triangle pigtoe. As 
a result, the Service initiated status reviews for all 67 species.
Summary of Finding
    We have carefully assessed the best scientific and commercial 
information available regarding the triangle pigtoe and evaluated the 
petition's claims that the species warrants listing under the Act. 
Genetic and morphometric analyses indicate that the triangle pigtoe is 
synonymous with the wider-ranging Texas pigtoe (Fusconaia askewi). 
These studies have been accepted by the relevant scientific community, 
including NatureServe, the Freshwater Mollusk Conservation Society, 
Texas Parks and Wildlife Department, and the Service. Therefore, the 
triangle pigtoe is not a valid taxonomic entity; does not meet the 
definition of a species or subspecies under the Act; and, as a result, 
does not warrant listing under the Act. A detailed discussion of the 
basis for this finding can be found in the triangle pigtoe species 
assessment form and other supporting documents (see ADDRESSES, above).

New Information

    We request that you submit any new information concerning the 
taxonomy of, biology of, ecology of, status of, or stressors to Hall's 
bulrush or triangle pigtoe to the appropriate person, as specified 
under FOR FURTHER INFORMATION CONTACT, whenever it becomes available. 
New information will help us monitor these species and make appropriate 
decisions about their conservation and status. We encourage local 
agencies and stakeholders to continue cooperative monitoring and 
conservation efforts.

References Cited

    A list of the references cited in this petition finding is 
available on the internet at http://www.regulations.gov in the species 
assessment form or in the appropriate docket provided above in 
ADDRESSES and upon request from the appropriate person, as specified 
under FOR FURTHER INFORMATION CONTACT.

Authors

    The primary authors of this document are the staff members of the 
Species Assessment Team, Ecological Services Program.

Authority

    The authority for this action is section 4 of 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. 2021-09748 Filed 5-10-21; 8:45 am]
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