[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Proposed Rules]
[Pages 34228-34231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12054]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2022-0028; FF09E21000 FXES1111090FEDR 223]


Endangered and Threatened Wildlife and Plants; 90-Day Finding for 
Three Petitions To List the Yellowstone Bison

AGENCY: Fish and Wildlife Service, Interior.

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

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on three petitions to add a distinct population segment 
of the Plains bison (Bison bison bison) in and around Yellowstone 
National Park (Yellowstone bison) 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 a

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status review to determine whether the petitioned actions are 
warranted. To ensure that the status review is comprehensive, we are 
requesting scientific and commercial data and other information 
regarding the Yellowstone bison and factors that may affect its status. 
Based on the status review, we will issue a 12-month petition finding, 
which will address whether or not the petitioned action is warranted, 
in accordance with the Act.

DATES: The findings announced in this document were made on June 6, 
2022. As we commence our status review, we seek any new information 
concerning the status of, or threats to, the Yellowstone bison, or its 
habitats. Any information we receive during the course of our status 
review will be considered.

ADDRESSES: 
    Supporting documents: A summary of the basis for the petition 
findings contained in this document is available on https://www.regulations.gov in Docket No. FWS-R6-ES-2022-0028. In addition, 
this supporting information is available by contacting the person 
specified in FOR FURTHER INFORMATION CONTACT.
    Status reviews: If you have scientific or commercial data or other 
information concerning the status of, or threats to, the Yellowstone 
bison, please provide those data or information by one of the following 
methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R6-ES-2022-0028, 
which is the docket number for this action. Then, click on the 
``Search'' button. After finding the correct document, you may submit 
information by clicking on ``Comment.'' If your information will fit in 
the provided comment box, please use this feature of https://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: FWS-R6-ES-2022-0028, 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 https://www.regulations.gov. This generally means that we will post any 
personal information you provide us.

FOR FURTHER INFORMATION CONTACT: Tyler Abbott, Field Supervisor, 
Wyoming Ecological Services Field Office, 307-757-3707, 
[email protected]. Individuals in the United States who are deaf, 
deafblind, hard of hearing, or have a speech disability may dial 711 
(TTY, TDD, or TeleBraille) to access telecommunications relay services. 
Individuals outside the United States should use the relay services 
offered within their country to make international calls to the point-
of-contact in the United States.

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) 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 Lists (i.e., ``list'' a species), 
remove a species from the Lists (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 we 
find that a petition presents substantial scientific or commercial

[[Page 34230]]

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).

Summary of Petition Findings

Evaluation of Three Petitions To List the Yellowstone Bison

    All three petitions request listing of a distinct population 
segment (DPS) for the Yellowstone bison. Bison (Bison bison) is a 
recognized species by the Integrated Taxonomic Information System. The 
division of bison into two subspecies (Plains bison [Bison bison bison] 
and wood bison [Bison bison athabascae]) has been the subject of debate 
among experts; however, we recognize Plains bison as a valid 
subspecies, following the American Society of Mammalogists and the 
American Bison Specialist Group of the International Union for 
Conservation of Nature.
    Species and Range: Plains bison in and around Yellowstone National 
Park (YNP).
    Historical range: approximately 7,720 square miles (mi\2\; 20,000 
square kilometers [km\2\]) in and around YNP.
    Current range: approximately 1,226 mi\2\ (3,175 km\2\) in and 
around YNP.
    All three petitions identify Yellowstone bison as a potential DPS 
of the Plains bison. Two of the three petitions identify two breeding 
herds of Yellowstone bison as separate potential DPSs.
Petition History
    On November 14, 2014, we received a petition (dated November 13, 
2014) from Western Watersheds Project and Buffalo Field Campaign, 
requesting that Plains bison in and around YNP (Yellowstone bison) be 
listed as threatened or endangered under the Act (first petition). The 
first petition clearly identified itself as a petition, and the 
petitioner included the identification information required by 50 CFR 
424.14(c). On March 2, 2015, we received a petition from James Horsley, 
who also requested that Yellowstone bison be listed as threatened or 
endangered under the Act (second petition). We published a single 
finding for both petitions, concluding that the petitions did not 
provide substantial scientific or commercial information indicating 
that the petitioned action may be warranted (81 FR 1368, January 12, 
2016). On September 26, 2016, petitioners from the first petition as 
well as a third party (Friends of Animals) brought suit under the Act 
and the Administrative Procedure Act (APA; 5 U.S.C. 551 et seq.) 
asserting that our determination was arbitrary and capricious. On 
January 31, 2018, the United States District Court for the District of 
Columbia (Court) remanded the finding to the Service to conduct a new 
90-day finding.
    On March 16, 2018, we received a new petition (dated February 28, 
2018) from James Horsley; this third petition requested emergency 
listing for Yellowstone bison. The third petition clearly identified 
itself as a petition, and the petitioner included the identification 
information required by 50 CFR 424.14(c). The Act does not provide for 
petitions to emergency list; therefore, listing a species on an 
emergency basis is not a petitionable action under the Act. The 
question of when to list on an emergency basis is left to the 
discretion of the Service. If the Service determines that the standard 
for emergency listing in section 4(b)(7) of the Act is met, the Service 
may exercise that discretion to take an emergency listing action at any 
time. Consequently, we considered the third petition as a petition to 
list Yellowstone bison.
    We published a single finding for the three petitions (the first 
and second petitions from the 90-day finding remanded on January 31, 
2018, and the third petition received March 16, 2018), concluding that 
the petitions did not provide substantial scientific or commercial 
information indicating that the petitioned action may be warranted (84 
FR 46927, September 6, 2019). On March 23, 2020, petitioners from the 
first petition as well as a third party (Friends of Animals) brought 
suit under the Act and the APA asserting that our determination was 
arbitrary and capricious. On January 12, 2022, the Court again remanded 
the finding for the Service to conduct a new 90-day finding.
    This finding addresses the three petitions from the 90-day finding 
remanded on January 12, 2022.
Evaluation of Information Summary and Finding
    We reviewed the petitions, sources cited in the petitions, and 
other readily available information. We considered the factors under 
section 4(a)(1) of the Act and assessed the effect that the threats 
identified within the factors--as may be ameliorated or exacerbated by 
any existing regulatory mechanisms or conservation efforts--may have on 
the species now and in the foreseeable future. Based on our review of 
the petitions and readily available information regarding range 
curtailment, we find that the petitioners present credible and 
substantial information that range curtailment (Factor A) may be a 
potential threat to the Yellowstone bison. The petitioners also provide 
credible information that management actions taken under the 
Interagency Bison Management Plan may curtail the species' available 
winter habitat through culling, hunting, hazing, and quarantine (Factor 
D). Therefore, we find that the petitions present substantial 
information indicating that one or more of the petitioned entities may 
warrant listing. The petitioners also presented information suggesting 
that overutilization (Factor B), disease (Factor C), and loss of 
genetic diversity due to culling (Factor E) may be threats to the 
Yellowstone bison. We will fully evaluate these and all other potential 
threats, as well as the validity of each DPS, in detail based on the 
best scientific and commercial data available when we conduct the 
status assessment and make the 12-month finding.
    The basis for our finding on these petitions, and other information 
regarding our review of the petitions, can be found as an appendix at 
https://www.regulations.gov under Docket No. FWS-R6-ES-2022-0028 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 Yellowstone 
bison present substantial scientific or commercial information 
indicating that the petitioned actions may be warranted. We are, 
therefore, initiating a status review of the species to determine 
whether the actions are warranted under the Act. At the conclusion of 
the status review, we will issue a finding, 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.

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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,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-12054 Filed 6-3-22; 8:45 am]
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