[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Proposed Rules]
[Pages 7038-7043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01118]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FXES1111090FEDR-256-FF09E21000]
Endangered and Threatened Wildlife and Plants; 90-Day Findings
for Eight 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 seven petitions to add species to, and one petition to
remove a species from, 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 Amargosa
toad (Anaxyrus nelsoni), Carson Valley monkeyflower (Erythranthe
carsonensis), large marble butterfly (Euchloe ausonides) (including the
large marble butterfly type subspecies (Euchloe ausonides ausonides)),
Mohave ground squirrel (Xerospermophilus mohavensis), Morrison bumble
bee (Bombus morrisoni), Oasis Valley population of Amargosa speckled
dace (Rhinichthys nevadensis nevadensis; hereafter referred to as
``Oasis Valley speckled dace''), Tennessee bottlebrush crayfish
(Barbicambarus simmonsi), and one petition to delist the golden-cheeked
warbler (Setophaga chrysoparia) 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: WThese findings were made on January 21, 2025.
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 1
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 Amargosa
toad, Carson Valley monkeyflower, golden-cheeked warbler, large marble
butterfly (including the large marble butterfly type subspecies),
Mohave ground squirrel, Morrison bumble bee, Oasis Valley speckled
dace, and Tennessee bottlebrush crayfish, or their habitats, please
provide those data or information by one of the following methods
listed below.
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter the appropriate docket
number (see table 1 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 1 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:
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Species common name Contact person
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Amargosa toad and Oasis Valley Glen Knowles, Field Supervisor,
speckled dace. Southern Nevada Fish and Wildlife
Office, 702-515-5244,
[email protected].
Carson Valley monkeyflower........ Kristin Jule, Field Supervisor, Reno
Fish and Wildlife Office, 775-861-
6337, [email protected].
Golden-cheeked warbler............ Michael Warriner, Supervisory Fish
and Wildlife Biologist, Austin
Ecological Services Field Office,
512-937-7371,
[email protected].
Large marble butterfly (including Michael Fris, Field Supervisor,
the large marble type subspecies). Sacramento Fish and Wildlife
Office, 916-425-0099,
[email protected].
Mohave ground squirrel............ Scott Sobiech, Field Supervisor,
Carlsbad Fish and Wildlife Office,
760-431-9440,
[email protected].
Morrison bumble bee............... Shawn Sartorius, Field Supervisor,
New Mexico Ecological Services
Field Office, 505-761-4781,
[email protected].
Tennessee bottlebrush crayfish.... Bill Pearson, Field Supervisor,
Alabama Ecological Services Field
Office, 251-441-5870,
[email protected].
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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:
[[Page 7039]]
Information Submitted for a Status Review
You may submit your comments and materials concerning the status
of, or threats to, the Amargosa toad, Carson Valley monkeyflower,
golden-cheeked warbler, large marble butterfly (including the large
marble butterfly type subspecies), Mohave ground squirrel, Morrison
bumble bee, Oasis Valley speckled dace, and Tennessee bottlebrush
crayfish, or their habitats, by one of the methods listed 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.
In 2016, the Service and the National Marine Fisheries Service of
the Department of Commerce revised the regulations that outline the
procedures for evaluating petitions (81 FR 66462; September 27, 2016).
These regulations at 50 CFR 424.14 were effective October 27, 2016.
These current 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. When evaluating the
seven petitions (received after September 27, 2016) to add species to
the Lists of Endangered and Threatened Wildlife and Plants, we applied
the current regulations at 50 CFR 424.14.
We received the petition to delist the golden-cheeked warbler prior
to the effective date of the current regulations. Therefore, we
evaluated the golden-cheeked warbler petition under the 50 CFR 424.14
requirements that were in effect prior to October 27, 2016, as those
requirements applied when the petition was received. The regulations in
effect prior to October 27, 2016, establish that the standard for
substantial scientific or commercial information with regard to a 90-
day petition finding is ``that amount of information that would lead a
reasonable person to believe that the measure proposed in the petition
may be warranted'' (former 50 CFR 424.14(b)).
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
[[Page 7040]]
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 (5 U.S.C. 551 et seq.) and are not
addressed in these findings (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
tables below, and the basis for each finding, along with supporting
information, is available on https://www.regulations.gov under the
appropriate docket number.
Table 1--Status Reviews
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URL to docket on
Common name Docket No. https://
www.regulations.gov
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Amargosa toad................. FWS-R8-ES-2024-01 https://
76. www.regulations.gov/
docket/FWS-R8-ES-
2024-0176.
Carson Valley monkeyflower.... FWS-R8-ES-2024-01 https://
00. www.regulations.gov/
docket/FWS-R8-ES-
2024-0100.
Golden-cheeked warbler........ FWS-R2-ES-2024-01 https://
79. www.regulations.gov/
docket/FWS-R2-ES-
2024-0179.
Large marble butterfly FWS-R8-ES-2024-00 https://
(including the large marble 97. www.regulations.gov/
type subspecies). docket/FWS-R8-ES-
2024-0097.
Mohave ground squirrel........ FWS-R8-ES-2024-00 https://
98. www.regulations.gov/
docket/FWS-R8-ES-
2024-0098.
Morrison bumble bee........... FWS-R2-ES-2024-00 https://
99. www.regulations.gov/
docket/FWS-R2-ES-
2024-0099.
Oasis Valley speckled dace.... FWS-R8-ES-2024-01 https://
77. www.regulations.gov/
docket/FWS-R8-ES-
2024-0177.
Tennessee bottlebrush crayfish FWS-R4-ES-2024-01 https://
01. www.regulations.gov/
docket/FWS-R4-ES-
2024-0101.
------------------------------------------------------------------------
Evaluation of a Petition To List Amargosa Toad
Species and Range
Amargosa toad (Anaxyrus nelsoni); Nye County, Nevada.
Petition History
On May 29, 2024, we received a petition from the Center for
Biological Diversity (CBD), requesting that the Amargosa toad (Anaxyrus
nelsoni) be listed as a threatened species or an endangered species and
critical habitat be designated for this species under the Act. The
petitioner also asked that we consider using the emergency provisions
of the Act to list the species. The petition clearly identified itself
as such and included the requisite identification information for the
petitioner, required at 50 CFR 424.14(c). Listing a species on an
emergency basis is not a petitionable action under the Act, and 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. At this time, the Service has not determined that the standard
for emergency listing has been met. Therefore, we are considering the
May 29, 2024, petition as a petition to list the Amargosa toad. This
finding addresses the petition.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information (within the constraints of the Act and 50
CFR 424.14(h)(1)). We considered the credible information that the
petition provided regarding effects of the threats that fall within
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 gold mining (Factor A), we find that the petition
presents substantial scientific or commercial information indicating
that listing the Amargosa toad as an endangered species or a threatened
species may be warranted.
The petitioners also presented information suggesting solar energy
development, wild burros, livestock grazing, off-road vehicles, road
maintenance and runoff, invasive plants, water abstraction and
diversion, chytridiomycosis, predation by bullfrogs and nonnative
crayfish, hybridization with Woodhouse's toad (Anaxyrus woodhousii),
climate change, and stochastic events may be threats to the Amargosa
toad. 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-R8-ES-2024-0176 under
the Supporting Documents section.
Evaluation of a Petition To List the Carson Valley Monkeyflower
Species and Range
Carson Valley monkeyflower (Erythranthe carsonensis); Carson City,
Douglas, Lyon, and Washoe Counties, Nevada; Alpine County, California.
Petition History
On January 8, 2024, we received a petition from CBD requesting that
the Carson Valley monkeyflower (Erythranthe carsonensis) be listed as a
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
We reviewed the petition, sources cited in the petition, and other
readily available information (within the constraints of the Act and 50
CFR 424.14(h)(1)). We considered the credible information that the
petition provided regarding effects of the threats that fall within
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 loss associated with commercial,
residential, and industrial development (Factor A), we find that the
petition presents substantial scientific or commercial information
indicating that listing the Carson Valley monkeyflower
[[Page 7041]]
as an endangered species or a threatened species may be warranted.
The petitioners also presented information suggesting road
development and maintenance, off-highway vehicle use, other
recreational use, mineral exploration and development, trash dumping,
utility corridor development and maintenance, animal grazing and
trampling, fire and fire suppression activities, flooding, and
stormwater management may be threats to the Carson Valley monkeyflower.
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-R8-ES-2024-0100 under
the Supporting Documents section.
Evaluation of a Petition To Delist the Golden-Cheeked Warbler
Species and Range
Golden-cheeked warbler (Setophaga chrysoparia); Texas, United
States; Chiapas, Mexico; and Central America (Guatemala, Honduras,
Nicaragua, and El Salvador).
Petition History
On June 30, 2015, we received a petition dated June 29, 2015, from
Nancie G. Marzulla (Marzulla Law, LLC--Washington, DC) and Robert
Henneke (Texas Public Policy Foundation--Austin, TX) requesting that
the golden-cheeked warbler (Setophaga chrysoparia) be delisted under
the Act due to recovery or error in information. The petition clearly
identified itself as a petition and included the requisite
identification information for the petitioner, as required by the
former 50 CFR 424.14(a). No information is presented that would suggest
that the species was originally listed due to an error in information.
The golden-cheeked warbler is a taxonomically unique species and was
shown to be in danger of extinction at the time of the listing.
On December 11, 2015, we received supplemental information from the
petitioners that included additional published studies and an
unpublished report. The studies and report, as well as other studies
known to the Service and in our files at the time the supplement was
received, were considered, as appropriate. On June 3, 2016, we
published in the Federal Register (81 FR 35698) our finding that the
petition did not provide substantial scientific or commercial
information indicating that the petition action (i.e., delisting) may
be warranted. The General Land Office of Texas (GLO) challenged this
negative 90-day finding on the petition to delist. The District Court
found in favor of the Service. The GLO appealed the decision, and the
Circuit Court vacated the 90-day finding and remanded it to the
Service. On July 27, 2021, the Service published another 90-day finding
in the Federal Register (86 FR 40186) that the petition did not present
substantial scientific or commercial information indicating that the
petitioned action was warranted. The GLO filed suit against the Service
on January 12, 2022, challenging the new 90-day finding. On September
5, 2024, the District Court vacated and remanded the July 27, 2021, 90-
day finding to the Service. This finding addresses the petition as
remanded by the District Court.
Finding
We reviewed the petition, sources cited in the petition,
supplemental information provided, and other readily available
information (within the constraints of the Act and former 50 CFR
424.14(b)). We considered the information that the petition provided
regarding effects of the threats that fall within factors under section
4(a)(1) as potentially ameliorated or exacerbated by any existing
regulatory mechanisms or conservation efforts. The petitioner provided
substantial information indicating that greater amounts of golden-
cheeked warbler habitat occur across the species range, the species is
capable of utilizing smaller habitat patches, and warblers are more
abundant than previously thought (Factor A). Additionally, oak wilt may
not be as significant of a stressor to warbler habitat (Factor E).
Based on our review of the petition, sources cited in the petition, and
other readily available information, we find that the petition presents
substantial scientific or commercial information indicating that
delisting the golden-cheeked warbler may be warranted. We will fully
evaluate these potential threats during our 12-month status review,
pursuant to the Act's requirements to review the best scientific and
commercial data 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-R2-ES-2024-0179 under
the Supporting Documents section.
Evaluation of a Petition To List the Large Marble Butterfly and the
Large Marble Type Subspecies
Species and Range
Large marble butterfly (Euchloe ausonides); Alaska, California,
Colorado, Idaho, Michigan, Minnesota, Montana, Nebraska, New Mexico,
North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming,
United States; Yukon Territory, British Columbia, Northwest
Territories, Nunavut, Alberta, Saskatchewan, Manitoba, and Ontario,
Canada.
Large marble butterfly type subspecies (Euchloe ausonides
ausonides); central western California.
Petition History
On October 3, 2023, we received a petition from the Xerces Society
for Invertebrate Conservation, requesting that the large marble
butterfly be listed as a threatened species and the large marble type
subspecies be listed as an endangered 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
We reviewed the petition, sources cited in the petition, and other
readily available information (within the constraints of the Act and 50
CFR 424.14(h)(1)). We considered the credible information that the
petition provided regarding effects of the threats that fall within
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 loss and degradation from urbanization
(Factor A), we find that the petition presents substantial scientific
or commercial information indicating that listing the large marble
butterfly as a threatened species and that listing the large marble
butterfly type subspecies as an endangered species may be warranted.
The petitioners also presented information suggesting that habitat
conversion to agriculture, livestock grazing, herbicide impacts to
nectar and host plants, changes in wildfire regimes, predation by
nonnative predators and parasitoids, pesticide use, climate change, and
loss of genetic diversity may be threats to the large marble butterfly
and the E. a. ausonides subspecies. We will fully evaluate these
potential threats during our 12-month
[[Page 7042]]
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-R8-ES-2024-0097 under
the Supporting Documents section.
Evaluation of a Petition To List the Mohave Ground Squirrel
Species and Range
Mohave ground squirrel (Xerospermophilus mohavensis); southwestern
Inyo, eastern Kern, northeastern Los Angeles, and northwestern San
Bernardino counties, California.
Petition History
On December 13, 2023, we received a petition from Defenders of
Wildlife, Desert Tortoise Preserve Committee, Inc., Mohave Ground
Squirrel Conservation Council, and Dr. Philip Leitner, requesting that
the Mohave ground squirrel be listed as a threatened species and that
critical habitat be designated 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
We reviewed the petition, sources cited in the petition, and other
readily available information (within the constraints of the Act and 50
CFR 424.14(h)(1)). We considered the credible information that the
petition provided regarding effects of the threats that fall within
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 loss, degradation, and fragmentation
(Factor A), we find that the petition presents substantial scientific
or commercial information indicating that listing the Mohave ground
squirrel as an endangered or a threatened species may be warranted. The
petitioners also presented information suggesting commercial filming
activities, hybridization, competition, and climate change may be
threats to the Mohave ground squirrel. We will fully evaluate these
potential threats during our 12-month status review, pursuant to the
Act's requirement to consider 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-R8-ES-2024-0098 under
the Supporting Documents section.
Evaluation of a Petition To List Morrison Bumble Bee
Species and Range
Morrison bumble bee (Bombus morrisoni); eastern Sierra Nevada
Mountain range, through northeastern Arizona and northern New Mexico,
north to Colorado and Rocky Mountains in the east, and portions of
Idaho and Washington.
Petition History
On November 16, 2023, we received a petition from the Xerces
Society requesting that the Morrison bumble bee (Bombus morrisoni) be
listed as either a threatened species or endangered 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
We reviewed the petition, sources cited in the petition, and other
readily available information (within the constraints of the Act and 50
CFR 424.14(h)(1)). We considered the credible information that the
petition provided regarding the effects of the threats that fall within
factors under the Act's section 4(a)(1) as may be ameliorated or
exacerbated by existing regulatory mechanisms or conservation efforts.
Based on our review of the petition and sources cited in the petition
regarding pesticides (Factor E), livestock overgrazing (Factor A),
urban development (Factor A), agricultural intensification (Factor A),
pathogens and parasites (Factor C), and global climate change (Factor
E), we find that the petition presents substantial scientific or
commercial information indicating that listing the Morrison bumble bee
as an endangered or threatened species may be warranted.
The petitioners also present information suggesting the following
may be threats to the Morrison bumble bee: energy development and
mining; overutilization for commercial, recreational scientific or
educational purposes; pathogen spillover; the effects of small,
isolated populations; and competition with commercial honeybees. The
petition also suggests that despite the existing regulatory mechanisms,
potential threats continue to negatively affect the species. We will
fully evaluate these potential threats during our status review,
pursuant to the Act's requirement to review the best scientific and
commercial information available when making our 12-month 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-R2-ES-2024-0099 under
the Supporting Documents section.
Evaluation of a Petition To List the Oasis Valley Speckled Dace
Species and Range
Amargosa speckled dace [Oasis Valley distinct population segment]
(Rhinichthys nevadensis nevadensis) (=Oasis Valley speckled dace)--
provisional determination; Nye County, Nevada.
Petition History
On July 2, 2024, we received a petition from CBD, requesting that
the Oasis Valley speckled dace distinct population segment of Amargosa
speckled dace be listed as a threatened species or an endangered
species and critical habitat be designated for this species under the
Act. Based on our review of the petition, sources cited in the
petition, and other readily available information, we find that the
petition presents substantial information that the Oasis Valley
population may be discrete based on marked separation from other
populations of the taxon as a consequence of physical separation and
evidenced by genetic differences. This suggests that the petitioned
population segment differs markedly from other populations of Amargosa
speckled dace in its genetic characteristics. As such, the petitioned
population segment may be significant per criterion 4 of our DPS policy
due to evidence that the population segment differs markedly from other
populations of the species in its genetic characteristics (61 FR 4725).
Therefore, we find that the petition provides substantial scientific or
commercial information indicating that the petitioned entity may
qualify as a DPS and, therefore, that it may be a listable entity under
the Act. For the purposes of this 90-day finding evaluation, we will
use the generally recognized common name--Oasis Valley speckled dace--
to refer to the Oasis Valley population of Amargosa speckled dace that
occurs in the
[[Page 7043]]
watershed of the Amargosa River in Oasis Valley, Nevada.
The petitioner also asked that we consider using the emergency
provisions of the Act to list the species. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(c). Listing a
species on an emergency basis is not a petitionable action under the
Act, and 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. Therefore, we are considering the July 2, 2024,
petition as a petition to list the Oasis Valley speckled dace. This
finding addresses the petition.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information (within the constraints of the Act and 50
CFR 424.14(h)(1)). We considered the credible information that the
petition provided regarding effects of the threats that fall within
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 gold mining (Factor A), we find that the
petition presents substantial scientific or commercial information
indicating that listing the Oasis Valley speckled dace as an endangered
species or a threatened species may be warranted.
The petitioners also presented information suggesting solar energy
development, water diversions, livestock grazing, wild burros, invasive
species, climate change, and the effects of isolated populations may be
threats to the Oasis Valley speckled dace 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-R8-ES-2024-0177 under
the Supporting Documents section.
Evaluation of a Petition To List Tennessee Bottlebrush Crayfish
Species and Range
Tennessee bottlebrush crayfish (Barbicambarus simmonsi); Lawrence
County, Tennessee, and Lauderdale County, Alabama.
Petition History
On June 16, 2023, we received a petition from CBD, requesting that
the Tennessee bottlebrush crayfish (Barbicambarus simmonsi) be listed
as a threatened or 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
We reviewed the petition, sources cited in the petition, and other
readily available information (within the constraints of the Act and 50
CFR 424.14(h)(1)). We considered the credible information that the
petition provided regarding effects of the threats that fall within
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 destruction and alteration from the
effects of dams and land use practices including agriculture,
silviculture, urban runoff, and wastewater treatment facilities (Factor
A), we find that the petition presents substantial scientific or
commercial information indicating that listing the Tennessee
bottlebrush crayfish as an endangered species or a threatened species
may be warranted.
The petitioners also presented information suggesting
overutilization or collection and impacts of climate change may be
threats to the Tennessee bottlebrush crayfish. The petitioners also
provided information that, despite the existing regulatory mechanisms,
these potential threats are still affecting the species. 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 at https://www.regulations.gov under Docket No. FWS-R4-ES-2024-0101 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 Amargosa toad, Carson Valley
monkeyflower, golden-cheeked warbler, large marble butterfly (including
the large marble butterfly type subspecies), Mohave ground squirrel,
Morrison bumble bee, Oasis Valley speckled dace, and Tennessee
bottlebrush crayfish 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,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2025-01118 Filed 1-17-25; 8:45 am]
BILLING CODE 4333-15-P