[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Proposed Rules]
[Pages 16933-16937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05610]


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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 4 Species

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 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 common hippopotamus (Hippopotamus 
amphibius), Morro Bay polyphyllan scarab beetle (Polyphylla 
morroensis), Inyo rock daisy (Perityle inyoensis; synonym Laphamia 
inyoensis), and roughhead shiner (Notropis semperasper) 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 or not the petitioned actions are warranted, in 
accordance with the Act.

DATES: These findings were made on March 21, 2023. As we commence our 
status reviews, we seek any new information concerning the status of, 
or threats to, the common hippopotamus, Morro Bay polyphyllan scarab 
beetle, Inyo rock daisy, and roughhead shiner, 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 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 common 
hippopotamus, Morro Bay polyphyllan scarab beetle, Inyo rock daisy, and 
roughhead shiner, 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: 

------------------------------------------------------------------------
        Species common name                    Contact person
------------------------------------------------------------------------
Common hippopotamus...............  Bridget Fahey, Chief, Division of
                                     Conservation and Classification,
                                     703-358-2163,
                                     [email protected].
Morro Bay polyphyllan scarab        Catherine Darst, Assistant Field
 beetle.                             Supervisor, Ventura Fish and
                                     Wildlife Office, 805-677-3318,
                                     [email protected].
Inyo rock daisy...................  Scott Sobiech, Field Supervisor,
                                     Carlsbad Fish and Wildlife Office,
                                     760-431-9440,
                                     [email protected].
Roughhead shiner..................  Matt Hinderliter, Regional Listing
                                     Coordinator, Northeast Regional
                                     Office, 413-253-8240,
                                     [email protected].
------------------------------------------------------------------------


[[Page 16934]]

    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 common hippopotamus, Morro Bay polyphyllan scarab 
beetle, Inyo rock daisy, and roughhead shiner, 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 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.

[[Page 16935]]



Table of 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
------------------------------------------------------------------------
Common hippopotamus...........  FWS-HQ-ES-2022-01  https://
                                 58.                www.regulations.gov/
                                                    FWS-HQ-ES-2022-0158.
Morro Bay polyphyllan scarab    FWS-R8-ES-2022-01  https://
 beetle.                         59.                www.regulations.gov/
                                                    FWS-R8-ES-2022-0159.
Inyo rock daisy...............  FWS-R8-ES-2022-01  https://
                                 60.                www.regulations.gov/
                                                    FWS-R8-ES-2022-0160.
Roughhead shiner..............  FWS-R5-ES-2022-01  https://
                                 61.                www.regulations.gov/
                                                    FWS-R5-ES-2022-0161.
------------------------------------------------------------------------

Evaluation of a Petition To List the Common Hippopotamus

Species and Range
    The common hippopotamus (Hippopotamus amphibius). Historical range: 
Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, 
Central African Republic, Chad, Congo, Democratic Republic of the 
Congo, C[ocirc]te d'Ivoire, Egypt, Equatorial Guinea, Eritrea, 
Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Liberia, 
Malawi, Mali, Mauritania, Mozambique, Namibia, Niger, Nigeria, Rwanda, 
Senegal, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, 
Eswatini (Swaziland), Tanzania, Togo, Uganda, Zambia, Zimbabwe. Current 
range: Hippos are extant in the historical range states listed with the 
exceptions of Algeria, Egypt, Liberia, and Mauritania where they are 
regionally extirpated. It is unknown if they still occur in Sudan.
Petition History
    On March 23, 2022, we received a petition from The Humane Society 
of the United States, Humane Society International, Humane Society 
Legislative Fund, and Center for Biological Diversity, requesting that 
the common hippopotamus be listed as an endangered or a threatened 
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
    The petitioners provided credible information indicating potential 
threats to common hippopotamus populations from habitat loss (Factor A) 
due to land conversion for agricultural and human settlements, the 
resulting demand for irrigation and water, climate change impacts, and 
war. The petitioners provided information that indicates the threats 
under Factor A are negatively impacting common hippopotamus populations 
in much of the species' range, and this, in combination with the 
species' ecology, makes the common hippopotamus particularly vulnerable 
to habitat loss, which may be threatening the species. The petition 
provides information on additional threats from legal international 
trade, poaching, disease, predation, and traditional and medicinal use 
of hippopotamus parts that we will investigate further during our full 
status review.
Finding
    We reviewed the petition, sources cited in the petition, 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 potentially 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 
petition and sources cited in the petition, we find that the petition 
presents substantial scientific or commercial information indicating 
that listing the common hippopotamus (Hippopotamus amphibius) under the 
Act may be warranted due to potential threats associated with habitat 
loss and degradation due to land conversion and urbanization, demand 
for irrigation and water, climate change, and war (Factor A). The 
petitioners also presented information suggesting overutilization from 
legal international trade and poaching (Factor B), disease and 
predation (Factor C), and traditional and medicinal use of hippopotamus 
parts (Factor E) may be threats to the common hippopotamus and that 
existing regulatory mechanisms, particularly as they pertain to trade 
and poaching, may be inadequate to address the 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 scientific and commercial information available 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-HQ-ES-2022-0158 under 
the Supporting Documents section.

Evaluation of a Petition To List the Morro Bay Polyphyllan Scarab 
Beetle

Species and Range
    Morro Bay polyphyllan scarab beetle (Polyphylla morroensis); San 
Luis Obispo County, California.
Petition History
    On January 7, 2022, we received a petition from Michael Walgren, a 
resident of San Luis Obispo County, California, requesting that the 
Morro Bay polyphyllan scarab beetle be listed as a threatened 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
    The petitioner provided credible information indicating that urban 
development is a threat to the Morro Bay polyphyllan scarab beetle, and 
there is substantial information related to the effects of urban 
development indicating that the petitioned action may be warranted 
(Factor A). Further, the petition claims that future development as 
currently proposed (Jodi McGraw Consulting 2019, entire; U.S. Fish and 
Wildlife Service 2019, entire) would be a threat to the species, as 
urban development and habitat loss would increase (Factor A). The 
petition thus presents substantial information related to the current 
and future effects of urban development (Factor A), indicating that the 
petitioned action may be warranted.
Finding
    We reviewed the petition, sources cited in the petition, 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 
petition and readily available information regarding Factor A, we find 
that the petition presents substantial scientific or commercial 
information indicating that listing the Morro Bay

[[Page 16936]]

polyphyllan scarab beetle (Polyphylla morroensis) as a threatened or 
endangered species may be warranted. The petitioner also presented 
information suggesting lights and landscaping may be threats to the 
Morro Bay polyphyllan scarab beetle (Walgren 2022b, pp. 5-7). The 
Service will fully evaluate these and all other potential threats, 
including the inadequacy of existing regulatory mechanisms (Factor D), 
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-2022-0159 under 
the Supporting Documents section.

Evaluation of a Petition To List Inyo Rock Daisy

Species and Range
    Inyo rock daisy (Perityle inyoensis; synonym Laphamia inyoensis). 
Historical range: southern Inyo Mountains, Inyo County, California. 
Current range: southern Inyo Mountains, Inyo County, California.
Petition History
    On February 2, 2022, we received a petition with the same date from 
Maria Jesus, the Center for Biological Diversity, and the California 
Native Plant Society, requesting that Inyo rock daisy be listed as an 
endangered or threatened species and that 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
    We reviewed the petition, sources cited in the petition, and other 
readily available information in our files. The petitioned entity is 
Inyo rock daisy (Perityle inyoensis), which occurs in the southern Inyo 
Mountains of Inyo County, California. This plant species is recognized 
in the taxonomic literature. The petitioners request that we list Inyo 
rock daisy as an endangered or threatened species.
    We find that the petition provides substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted due to potential threats from mining and development due to 
habitat loss and damage, invasive plant species due to competition, and 
climate change because of increased water stress and range shifts. We 
will fully evaluate these potential threats during our 12-month status 
review of the species.
Finding
    We reviewed the petition, sources cited in the petition, 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 
petition and readily available information regarding mining (Factor A), 
development (Factor A), invasive plant species (Factor E), and climate 
change (Factor E), we find that the petition presents substantial 
scientific or commercial information indicating that the petitioned 
action to list the Inyo rock daisy (Perityle inyoensis) as an 
endangered or threatened species may be warranted. The petitioners also 
presented information suggesting that genetic swamping and expected 
self-incompatibility, as the number of individuals decrease limiting 
reproduction, may be threats to Inyo rock daisy. 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-R8-ES-2022-0160 under 
the Supporting Documents section.

Evaluation of a Petition To List the Roughhead Shiner

Species and Range
    The roughhead shiner (Notropis semperasper) is a small, olive-
colored minnow named for the distinctive bumps on its head, that 
historically and currently lives in the James River watershed in 
Virginia.
Petition History
    On March 25, 2022, we received a petition from the Center for 
Biological Diversity, requesting that the roughhead shiner 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.
Evaluation of Information
    After thorough examination of the petition, we find that the 
petitioner provided credible information indicating past and current 
threats to individuals of the species due to other natural or humanmade 
factors. Under Factor A, the petition presents citations demonstrating 
that habitat modification from urbanization and forest management 
activities may degrade water quality to the point where it negatively 
impacts the species. Under Factor E, the petition presents citations 
demonstrating that the introduced nonnative telescope shiner (Notropis 
telescopus) may outcompete the roughhead shiner and cause extirpations 
of the roughhead shiner at those sites.
Finding
    We reviewed the petition, sources cited in the petition, and other 
readily available information. We considered the credible information 
that the petition provided regarding effects of the threats that fall 
within the factors under the Act's section 4(a)(1) as potentially 
ameliorated or exacerbated by any existing regulatory mechanisms or 
conservation efforts. Based on our review of the petition and readily 
available information regarding habitat modification from siltation 
and/or contamination (Factor A), and competition from the introduced 
telescope shiner (Factor E), we find that the petition presents 
substantial scientific or commercial information indicating that 
listing the roughhead shiner (Notropis semperasper) as an endangered or 
threatened species may be warranted. We will fully evaluate this 
potential threat during our 12-month status review, pursuant to the 
Act's requirement to review the best available scientific and 
commercial 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-R5-ES-2022-0161 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 common hippopotamus, Morro Bay 
polyphyllan scarab beetle, Inyo rock daisy, and roughhead shiner 
present substantial scientific or commercial information

[[Page 16937]]

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.).

    Signed:

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-05610 Filed 3-20-23; 8:45 am]
BILLING CODE 4333-15-P