Proposed Rule2021-12814
Endangered and Threatened Wildlife and Plants; 90-Day Findings for Two Species
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Published
June 17, 2021
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on two petitions to add species to the List of Endangered and Threatened Wildlife under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petitions present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, with the publication of this document, we announce that we plan to initiate status reviews of the Temblor legless lizard (Anniella alexanderae) and Santa Ana speckled dace (Rhinichthys osculus) to determine whether the petitioned actions are warranted. To ensure that the status reviews are comprehensive, we are requesting 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.
Full Text
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<title>Federal Register, Volume 86 Issue 115 (Thursday, June 17, 2021)</title>
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[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Proposed Rules]
[Pages 32241-32243]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12814]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 /
Proposed Rules
[[Page 32241]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES11110900000 212]
Endangered and Threatened Wildlife and Plants; 90-Day Findings
for Two 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 two petitions to add species to the List of Endangered
and Threatened Wildlife under the Endangered Species Act of 1973, as
amended (Act). Based on our review, we find that the petitions present
substantial scientific or commercial information indicating that the
petitioned actions may be warranted. Therefore, with the publication of
this document, we announce that we plan to initiate status reviews of
the Temblor legless lizard (Anniella alexanderae) and Santa Ana
speckled dace (Rhinichthys osculus) to determine whether the petitioned
actions are warranted. To ensure that the status reviews are
comprehensive, we are requesting 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 June 17, 2021. As we commence our
status reviews, we seek any new information concerning the status of,
or threats to, the species 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 species
for which we are initiating status reviews, please provide those data
or information by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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 Now!'' If your information will
fit in the provided comment box, please use this feature of <a href="http://www.regulations.gov">http://www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>. This generally means that we will post any
personal information you provide us (see Request for Information for
Status Reviews, below, for more information).
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Species common name Contact person
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Temblor legless lizard............ Michael Fris, Project Leader,
Sacramento Fish and Wildlife
Office, 916-414-6700,
<a href="/cdn-cgi/l/email-protection#5b163238333a3e37041d2932281b3d2c28753c342d"><span class="__cf_email__" data-cfemail="bff2d6dcd7dedad3e0f9cdd6ccffd9c8cc91d8d0c9">[email protected]</span></a>.
Santa Ana speckled dace........... Scott Sobiech, Field Supervisor,
Carlsbad Fish and Wildlife Office,
760-431-9440,
<a href="/cdn-cgi/l/email-protection#cd9eaea2b9b9929ea2afa4a8aea58dabbabee3aaa2bb"><span class="__cf_email__" data-cfemail="83d0e0ecf7f7dcd0ece1eae6e0ebc3e5f4f0ade4ecf5">[email protected]</span></a>.
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FOR FURTHER INFORMATION CONTACT:
If you use a telecommunications device for the deaf, please call
the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations in title 50 of the Code of Federal Regulations (50 CFR part
424) set forth the procedures for adding species to, removing species
from, or reclassifying species on the Federal Lists of Endangered and
Threatened Wildlife and Plants (Lists 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 species may be determined to be an endangered species or a
threatened species because of one or more of the
[[Page 32242]]
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).
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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> under the
appropriate docket number.
Table--Status Reviews
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URL to docket on http://
Common name Docket No. www.regulations.gov
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Temblor legless lizard............. FWS-R8-ES-2021-0024 <a href="https://www.regulations.gov/docket/FWS-R8-ES-2021-0024">https://www.regulations.gov/docket/FWS-R8-ES-2021-0024</a>.
Santa Ana speckled dace............ FWS-R8-ES-2021-0023 <a href="https://www.regulations.gov/docket/FWS-R8-ES-2021-0023">https://www.regulations.gov/docket/FWS-R8-ES-2021-0023</a>.
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Evaluation of a Petition To List the Temblor Legless Lizard
Species and Range
Temblor legless lizard (Anniella alexanderae); California.
Petition History
On October 20, 2020, we received a petition dated the same, from
the Center for Biological Diversity, requesting that we list the
Temblor legless lizard as an endangered or threatened species and
designate critical habitat 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
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 the petitioned action may be
warranted for the Temblor legless lizard due to potential threats
associated with the following: Oil and gas development, urbanization,
habitat fragmentation, and industrial solar projects (Factor A); and
climate change and wildfires (Factor E). The petition also presented
substantial information that existing regulatory mechanisms and
conservation measures may be inadequate to address impacts of these
threats (Factor D).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
<a href="http://www.regulations.gov">http://www.regulations.gov</a> under Docket No. FWS-R8-ES-2021-0024 under
Supporting Documents.
Evaluation of a Petition To List the Santa Ana Speckled Dace
Species and Range
Speckled dace (Rhinichthys osculus); Southern California.
Petition History
On May 11, 2020, we received a petition dated the same, from the
Center for Biological Diversity, requesting that we list the Southern
California population of the speckled dace (Santa Ana speckled dace),
either as a taxonomically defined species or as a distinct population
segment under our Policy Regarding the Recognition of Distinct
Vertebrate Population Segments Under the Endangered Species Act (61 FR
4722; February 7, 1996), as an endangered or threatened species and
designate critical habitat 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
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial
[[Page 32243]]
information indicating the petitioned entity (Santa Ana speckled dace)
may be a distinct population segment (DPS) and that the petitioned
action may be warranted due to potential threats associated with the
following: Dams, reservoirs, and water diversions; barriers to
migration and movement; roads; pollution; mining; concentrated
recreational use; and off-road vehicle use (Factor A); predation
(Factor C); and drought, wildfires and flooding, introduced species,
climate change, and population fragmentation (Factor E). We further
find that the petition presents substantial scientific or commercial
information indicating that existing regulatory mechanisms may be
inadequate to fully ameliorate the identified threats (Factor D),
although there is also information indicating that these regulatory
mechanisms and other conservation efforts provide some protection to
the Santa Ana speckled dace.
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
<a href="http://www.regulations.gov">http://www.regulations.gov</a> under Docket No. FWS-R8-ES-2021-0023 under
the Supporting Documents section.
Conclusion
On the basis of our evaluation of the information presented in the
petitions under sections 4(b)(3)(A) and 4(b)(3)(D)(i) of the Act, we
have determined that the petitions summarized above for the Temblor
legless lizard and Santa Ana speckled dace 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.
Request for Information for Status Reviews
When we make a finding that a petition presents substantial
information indicating that listing, delisting, or reclassification of
a species may be warranted, we are required to review the status of the
species (a status review). For the status review to be complete and
based on the best available scientific and commercial information, we
request information on the species from governmental agencies, Native
American Tribes, the scientific community, industry, and any other
interested parties. We seek information on:
(1) The species' biology, range, and population trends, including:
(a) Habitat requirements;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
and
(d) Historical and current population levels and current and
projected trends.
(2) The five factors described in section 4(a)(1) of the Act (see
Background, above) that are the basis for making a listing, delisting,
or reclassification determination for a species under section 4(a) of
the Act, including past and ongoing conservation measures that could
decrease the extent to which one or more of the factors affect the
species, its habitat, or both.
(3) The potential effects of climate change on the species and its
habitat, and the extent to which it affects the habitat or range of the
species.
Submissions merely stating support for or opposition to the actions
under consideration without providing supporting information, although
noted, will not be considered in making a determination. Section
4(b)(1)(A) of the Act directs that determinations as to whether any
species is an endangered or threatened species must be made ``solely on
the basis of the best scientific and commercial data available.''
You may submit your information concerning the status review by one
of the methods listed in ADDRESSES. If you submit information via
<a href="http://www.regulations.gov">http://www.regulations.gov</a>, your entire submission--including any
personal identifying information--will be posted on the website. If you
submit a hardcopy that includes personal identifying information, you
may request at the top of your document that we withhold this personal
identifying information from public review. However, we cannot
guarantee that we will be able to do so. We will post all hardcopy
submissions on <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
It is important to note that the standard for a 90-day finding
differs from the Act's standard that applies to a status review to
determine whether a petitioned action is warranted. In making a 90-day
finding, we consider information in the petition and sources cited in
the petition, as well as information that is readily available, and we
evaluate merely whether that information constitutes ``substantial
information'' indicating that the petitioned action ``may be
warranted.'' In a 12-month finding, we must complete a thorough status
review of the species and evaluate the ``best scientific and commercial
data available'' to determine whether a petitioned action ``is
warranted.'' Because the Act's standards for 90-day and 12-month
findings are different, a substantial 90-day finding does not mean that
the 12-month finding will result in a ``warranted'' finding.
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,
Principal Deputy Director, Exercising the Delegated Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-12814 Filed 6-16-21; 8:45 am]
BILLING CODE 4333-15-P
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