[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Proposed Rules]
[Pages 63468-63472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22643]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FF09E21000 FXES1111090FEDR 234]


Endangered and Threatened Wildlife and Plants; 90-Day Findings 
for Four Species

AGENCY: Fish and Wildlife Service, Interior.

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

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on petitions to add four 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 to list the southern population of bog turtle 
(Glyptemys muhlenbergii), Pedernales River Springs salamander (Eurycea 
species 1.), ghost orchid (Dendrophylax lindenii), and tall western 
penstemon (Penstemon hesperius) 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 are initiating status reviews of these species to 
determine whether the petitioned actions are warranted. To ensure that 
the status reviews are comprehensive, we request 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 the 
petitioned actions are warranted, in accordance with the Act.

DATES: These findings were made on October 19, 2022. As we commence our 
status reviews, we seek any new information concerning the status of, 
or threats to, the southern population of bog turtle, Pedernales River 
Springs salamander, ghost orchid, or tall western penstemon, 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 each of the 
petition findings contained in this document are available on https://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 
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 southern 
population of bog turtle, Pedernales River Springs salamander, ghost 
orchid, or tall western penstemon, or their habitats, 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 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.'' 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: [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 https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see Information Submitted for a 
Status Review, below).

FOR FURTHER INFORMATION CONTACT: 

[[Page 63469]]



------------------------------------------------------------------------
        Species common name                    Contact person
------------------------------------------------------------------------
Bog turtle, southern population...  Janet Mizzi, Field Supervisor,
                                     Asheville Ecological Services Field
                                     Office, telephone 828-258-3939,
                                     [email protected].
Pedernales River Springs            Michael D. Warriner, Supervisory
 salamander.                         Fish and Wildlife Biologist, Austin
                                     Ecological Services Field Office,
                                     telephone 512-490-0057, x236,
                                     [email protected].
Ghost orchid......................  Lourdes Mena, Florida Classification
                                     and Recovery Division Manager,
                                     Florida Ecological Services Field
                                     Office, telephone 904-460-4970,
                                     [email protected].
Tall western penstemon............  Craig Rowland, Acting State
                                     Supervisor, Oregon Fish and
                                     Wildlife Office, telephone 503-231-
                                     6179, [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:

Information Submitted for a Status Review

    You may submit your comments and materials concerning the status 
of, or threats to, the southern population of bog turtle, Pedernales 
River Springs salamander, ghost orchid, or tall western penstemon, or 
their habitats, by one of the methods listed above in ADDRESSES. We 
request that you send comments only by the methods described in 
ADDRESSES. Please include sufficient information with your submission 
(such as scientific journal articles or other publications) to allow us 
to verify any scientific or commercial information you include.
    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the website. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing these findings, will be available 
for public inspection on https://www.regulations.gov.

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 positive 90-day petition finding 
does not indicate that the petitioned action is warranted; the finding 
indicates only that the petitioned action may be warranted and that a 
full review should occur.
    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

[[Page 63470]]

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).
    We note that designating critical habitat is not a petitionable 
action under the Act. Petitions to designate critical habitat (for 
species without existing critical habitat) are reviewed under the 
Administrative Procedure Act and are not addressed in this finding (see 
50 CFR 424.14(j)). To the maximum extent prudent and determinable, any 
proposed critical habitat will be addressed concurrently with a 
proposed rule to list a species, if applicable.

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 https://www.regulations.gov under the 
appropriate docket number.

 Table--Internet Search Information for Status Reviews for Four Species
                     Petitioned for Federal Listing
------------------------------------------------------------------------
                                                      URL to docket on
          Common name               Docket No.            https://
                                                    www.regulations.gov
------------------------------------------------------------------------
Bog turtle, southern            FWS-R4-ES-2022-00  https://
 population.                     42.                www.regulations.gov/
                                                    docket/FWS-R4-ES-
                                                    2022-0042.
Pedernales River Springs        FWS-R2-ES-2022-00  https://
 salamander.                     14.                www.regulations.gov/
                                                    docket/FWS-R2-ES-
                                                    2022-0014.
Ghost orchid..................  FWS-R4-ES-2022-00  https://
                                 41.                www.regulations.gov/
                                                    docket/FWS-R4-ES-
                                                    2022-0041.
Tall western penstemon........  FWS-R1-ES-2022-00  https://
                                 71.                www.regulations.gov/
                                                    docket/FWS-R1-ES-
                                                    2022-0071.
------------------------------------------------------------------------

Evaluation of a Petition To List the Southern Population of Bog Turtle

Species and Range
    Bog turtle (southern population of Glyptemys muhlenbergii); 
Georgia, North Carolina, South Carolina, Tennessee, Virginia.
Petition History
    On January 13, 2022, we received a petition from the Center for 
Biological Diversity (CBD), requesting that the southern population of 
the bog turtle (Glyptemys muhlenbergii) be listed as a threatened or an 
endangered species and critical habitat be designated for this species 
under the Act. On April 7, 2022, we received an additional petition 
from William Schultz requesting to join the CBD petition and that we 
list the southern population as threatened under the Act. Both 
petitions clearly identified themselves as such and included the 
requisite identification information for the petitioners, required at 
50 CFR 424.14(c). This finding addresses these petitions.
Evaluation of Information Summary
    In 1997, we listed the northern distinct population segment (DPS) 
of bog turtle (62 FR 59605, November 4, 1997). We concluded that the 
southern population of bog turtle did not meet the definition of a 
threatened or endangered species; however, we listed the southern 
population as a threatened species due to similarity of appearance to 
the northern population.
    After reviewing the current information provided by the 
petitioners, we have determined that substantial new information exists 
indicating the southern population of bog turtle may warrant listing 
under the Act. The petitioners provided credible information indicating 
that there are potential threats to the species within the southern 
population due to loss and degradation of wetland habitat. The 
petitioners also presented information suggesting that threats to the 
species include development, vehicles and roads, overutilization (i.e., 
poaching and collection for the pet trade), disease and predation, 
invasive species, climate change, succession and lack of wetland 
management, and small population size and other biological factors as 
well as information suggesting that existing regulatory mechanisms may 
be inadequate to address these potential threats. We will fully 
evaluate these potential threats during our 12-month status review for 
the species.
Finding
    We reviewed the petitions, sources cited in the petitions, and 
other readily available information. Based on our review of the 
petitions and readily available information, we find that the petitions 
present substantial scientific or commercial information indicating the 
petitioned entity may qualify as a DPS and that listing the southern 
population of bog turtle (Glyptemys muhlenbergii) as a threatened or 
endangered species may be warranted due to loss and degradation of 
wetland habitat (Factor A). The petitioners also presented information 
suggesting that development, vehicles and roads, overutilization (i.e., 
collection and poaching), disease and predation, invasive species, 
climate change, succession and lack of wetlands management, small 
population size and other biological factors may be threats to the 
southern population of bog turtle and regulatory mechanisms may be 
inadequate to address these potential threats (CBD 2022, pp. 30-49; 
Schultz 2022, pp. 3-7). We will fully evaluate these potential threats 
during our 12-month status review, pursuant to the Act's requirement to 
review the best scientific and commercial information available when 
making that finding.
    The basis for our finding on these petitions and other information 
regarding our overview of the petitions can be found as an appendix at 
https://www.regulations.gov under Docket No. FWS-R4-ES-2022-0042 under 
the Supporting Documents section.

Evaluation of a Petition To List the Pedernales River Springs 
Salamander

Species and Range
    Pedernales River Springs salamander (Eurycea species 1.); Texas.
Petition History
    On September 20, 2021, we received a petition dated the same, from 
Save our Springs Alliance and Wimberley Valley Watershed Association, 
requesting that Pedernales River Springs salamander be emergency-listed 
as an endangered species or a threatened species and critical habitat 
be designated for this species under the Act. The Act does not provide 
for a process to petition for 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. 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.

[[Page 63471]]

Evaluation of Information
    The petitioner provided credible information indicating there are 
potential threats to the Pedernales River Springs salamander due to 
water quantity and quality degradation, physical modification of 
surface habitat, disease, predation, and limited range. The petitioner 
also provided credible information that the existing regulatory 
mechanisms may be inadequate to address these potential threats (Factor 
D). While we found that the petition provided documentation of one 
example of salamanders being stolen from a fish hatchery, there is no 
credible information to support overutilization impacts to the 
Pedernales River Springs salamander such that the species may warrant 
listing.
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 Pedernales River Springs salamander due to potential 
threats associated with the following: Water quantity and quality 
degradation and physical modification of surface habitat (Factor A); 
development activities leading to the introduction of predators and 
increased risk of disease (Factor C); and vulnerability due to the 
limited range of the species (Factor E).
    The basis for our finding on this petition, and other information 
regarding our review of the petition, can be found as an appendix at 
https://www.regulations.gov under Docket No. FWS-R2-ES-2022-0014 under 
the Supporting Documents section.

Evaluation of a Petition To List the Ghost Orchid

Species and Range
    Ghost orchid (Dendrophylax lindenii); Florida and Cuba.
Previous Federal Actions
    On January 24, 2022, we received a petition from The Institute for 
Regional Conservation, the National Parks Conservation Association, and 
CBD requesting that the ghost orchid be listed as a threatened species 
or 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.
Evaluation of Information Summary
    The petitioner provided credible information indicating past and 
current threats to individuals of the species within multiple 
subpopulations due to habitat destruction and alteration through 
hydrological change (Factor A) and other natural or manmade factors 
such as hurricanes (Factor E). The petition also provided information 
about threats from recreation and competition from invasive plants 
(Factor A); poaching and overutilization of recreational areas (Factor 
B); pest insects (Factor C); sea level rise (Factor E); and overall 
declining subpopulation numbers (Factor E), although these claims were 
not evaluated for this finding. The petition also claimed that the 
existing regulatory mechanisms may be inadequate to address these 
potential threats (Factor D). We found that the petition provided 
documentation of potential threats currently occurring within the range 
of the ghost orchid, and these threats are likely to impact not only 
individual orchids but also multiple subpopulations, particularly with 
regard to changes in hydrology.
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 ghost orchid due to potential threats associated with 
habitat destruction and alteration through hydrological change. The 
petitioners also presented additional information regarding threats due 
to recreation and competition from invasive plants; poaching and 
overutilization of recreational areas; pest insects; and sea level rise 
and hurricanes. We will fully evaluate these other 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 
https://www.regulations.gov under Docket No. FWS-R4-ES-2022-0041 under 
the Supporting Documents section.

Evaluation of a Petition To List the Tall Western Penstemon

Species and Range
    Tall western penstemon (Penstemon hesperius) is an herbaceous 
perennial flowering plant found in wetlands in Washington County, 
Oregon, and Clark County, Washington.
Petition History
    On December 4, 2020, we received a petition dated December 3, 2020, 
from CBD and the Native Plant Society of Oregon, requesting that tall 
western penstemon be listed as a threatened species or 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.
Evaluation of Information
    Tall western penstemon is a valid recognized taxon (Hitchcock and 
Cronquist 2018, p. 461) with a limited range in Washington County, 
Oregon, and Clark County, Washington. The species is currently known 
from five sites, all of which occur on protected public lands. One 
small population appears to have been extirpated in 2009 as part of a 
road-widening project (Maffit 2012, p. 49). Although some additional 
populations may still exist outside of protected sites, any such 
populations would be vulnerable to ongoing development. The full 
historical range of the species is unknown, although substantially more 
suitable habitat likely occurred prior to large-scale habitat 
alteration for agriculture and urbanization in the Portland-Vancouver 
Metropolitan Area. Although the narrow range and limited number of 
populations of tall western penstemon on their own do not necessarily 
indicate that the species may be at risk of extinction now or in the 
foreseeable future, the petition presents substantial information 
indicating that the species faces ongoing potential risks associated 
with habitat alteration and conversion (Factor A), invasive species 
(Factor A), genetic isolation (Factor E), and climate change (Factor 
E).
Finding
    We reviewed the petition, sources cited in the petition, and other 
readily available information. Based on our review of the petition 
regarding habitat loss or alteration due to wetland development and 
conversion to agriculture (Factor A), habitat alteration by invasive 
species (Factor A), effects of climate change (Factor E), and the 
possible inadequacy of existing regulatory mechanisms to address these 
threats (Factor D), we find that the petition presents substantial 
scientific or commercial information indicating that listing the tall 
western penstemon as a threatened or endangered species

[[Page 63472]]

may be warranted. 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 
https://www.regulations.gov under Docket No. FWS-R1-ES-2022-0071 under 
the Supporting Documents section.

Conclusion

    On the basis of our evaluation of the information presented in the 
petitions under section 4(b)(3)(A) of the Act, we have determined that 
the petitions summarized above for the southern population of bog 
turtle, Pedernales River Springs salamander, ghost orchid, and tall 
western penstemon 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.).

Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-22643 Filed 10-18-22; 8:45 am]
BILLING CODE 4333-15-P