Proposed Rule2022-02545
Endangered and Threatened Wildlife and Plants; 90-Day Findings for Three Species
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 8, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on three petitions to add 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 thick-leaf bladderpod (Physaria pachyphylla) and variable cuckoo bumble bee (Bombus variabilis) 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. We further find that the petition to recognize the Texas population of the ocelot (Leopardus pardalis) as a distinct population segment (DPS) and to list that DPS does not present substantial scientific or commercial information indicating the petitioned action may be warranted. Therefore, we are not initiating a status review of the Texas ocelot population.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 26 (Tuesday, February 8, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Proposed Rules]
[Pages 7079-7083]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02545]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES1111090FEDR 223]
Endangered and Threatened Wildlife and Plants; 90-Day Findings
for Three 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 three petitions to add 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 thick-leaf bladderpod (Physaria
pachyphylla) and variable cuckoo bumble bee (Bombus variabilis) 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. We further find that the petition to recognize
the Texas population of the ocelot (Leopardus pardalis) as a distinct
population segment (DPS) and to list that DPS does not present
substantial scientific or commercial information indicating the
petitioned action may be warranted. Therefore, we are not initiating a
status review of the Texas ocelot population.
DATES: These findings were made on February 8, 2022. As we commence our
status reviews, we seek any new information concerning the status of,
or
[[Page 7080]]
threats to, the thick-leaf bladderpod or variable cuckoo bumble bee, 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="https://www.regulations.gov">https://www.regulations.gov</a> under the appropriate docket number (see tables
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 thick-
leaf bladderpod or variable cuckoo bumble bee, or their habitats,
please provide those data or information by one of the following
methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="https://www.regulations.gov">https://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 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
------------------------------------------------------------------------
Thick-leaf bladderpod........ Ben Conard, Deputy Project Leader,
Montana Ecological Services Field
Office, 406-758-6882,
<a href="/cdn-cgi/l/email-protection#89cbece7d6cae6e7e8fbedc9effefaa7eee6ff"><span class="__cf_email__" data-cfemail="1d5f7873425e72737c6f795d7b6a6e337a726b">[email protected]</span></a>.
Variable cuckoo bumble bee... Louise Clemency, Field Supervisor,
Chicago Ecological Services Field
Office, 312-485-9337,
<a href="/cdn-cgi/l/email-protection#3874574d514b5d677b545d555d565b41785e4f4b165f574e"><span class="__cf_email__" data-cfemail="1f53706a766c7a405c737a727a717c665f79686c31787069">[email protected]</span></a>.
Texas population of ocelot... Hilary Swarts, Wildlife Biologist, Laguna
Atascosa National Wildlife Refuge, 956-
748-3607, <a href="/cdn-cgi/l/email-protection#94dcfdf8f5e6edcbc7e3f5e6e0e7d4f2e3e7baf3fbe2"><span class="__cf_email__" data-cfemail="5a1233363b282305092d3b282e291a3c2d29743d352c">[email protected]</span></a>.
------------------------------------------------------------------------
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 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
[[Page 7081]]
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
tables below, and the basis for each finding, along with supporting
information, is available on <a href="https://www.regulations.gov">https://www.regulations.gov</a> under the
appropriate docket number.
Table 1--Status Reviews
------------------------------------------------------------------------
URL to Docket on
Common name Docket No. https://
www.regulations.gov
------------------------------------------------------------------------
Thick-leaf bladderpod......... FWS-R6-ES-2021-01 https://
17. www.regulations.gov/
docket/FWS-R6-ES-
2021-0117.
Variable cuckoo bumble bee.... FWS-R3-ES-2021-01 https://
18. www.regulations.gov/
docket/FWS-R3-ES-
2021-0118.
------------------------------------------------------------------------
Table 2--Not-Substantial Petition Finding
------------------------------------------------------------------------
URL to Docket on
Common name Docket No. https://
www.regulations.gov
------------------------------------------------------------------------
Texas population of ocelot.... FWS-R2-ES-2021-01 https://
19. www.regulations.gov/
docket/FWS-R2-ES-
2021-0119.
------------------------------------------------------------------------
Evaluation of a Petition To List the Thick-Leaf Bladderpod
Species and Range
Thick-leaf bladderpod (Physaria pachyphylla); Montana and Wyoming.
Petition History
On March 11, 2021, we received a petition from the Center for
Biological Diversity, Montana Native Plant Society, and Pryors
Coalition, requesting that the thick-leaf bladderpod be listed as an
endangered species or 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.
Evaluation of Information
The petitioners state that a gypsum exploration project is proposed
in the Pryor Foothills Research Natural Area (RNA)/Area of Critical
Environmental Concern (ACEC) within the largest documented
subpopulation of the thick-leaf bladderpod. If the proposed exploration
project occurs, these activities may result in unavoidable impacts to
thick-leaf bladderpod populations through habitat loss and
modification, invasive species introduction, and direct mortality, and
upgrades to access roads in the project area will have potential
impacts to thick-leaf bladderpod individuals and habitat. In 2015, the
Pryor Foothills RNA/ACEC was recommended for withdrawal from all
locatable mineral entry; however, the withdrawal has not occurred. If
the proposed exploration finds marketable gypsum, then further gypsum
mining is foreseeable. The proposed project is currently under review
by the Bureau of Land Management.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. Based on our review of the petition and
readily available information regarding gypsum mining exploration
(Factor A), we find that the petition presents substantial scientific
or commercial information indicating that listing the thick-leaf
bladderpod as an endangered or threatened species may be warranted. The
petitioners also presented information suggesting off-road vehicle use
may be a threat to the thick-leaf bladderpod. We will fully evaluate
ORV use and 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R6-ES-2021-0117 under
the Supporting Documents section.
Evaluation of a Petition To List Variable Cuckoo Bumble Bee
Species and Range
Variable cuckoo bumble bee (Bombus variabilis); Alabama, Arizona,
Arkansas, California, Delaware, Colorado, Florida, Georgia, Illinois,
Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan,
Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New
Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania,
South Carolina, South Dakota, Tennessee, Texas, Virginia, West
Virginia; Canada (Ontario); and Mexico.
Petition History
On May 17, 2021, we received a petition from the Center for
Biological Diversity requesting that the variable cuckoo bumble bee be
listed as 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
The petitioner provided credible information indicating potential
threats to the variable cuckoo bumble bee
[[Page 7082]]
within multiple populations across its range due to the loss of the
host species, the American bumble bee (Bombus pensylvanicus), which
supports the feeding and nesting of variable cuckoo bumble bees (Factor
E). The petitioner also provided credible information that the existing
regulatory mechanisms may be inadequate to address these potential
threats (Factor D).
Finding
We reviewed the petition and sources cited in the petition. We
considered the factors under section 4(a)(1) 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 regarding the loss of the host
species (Factor E), we find that the petition presents substantial
scientific or commercial information indicating that listing the
variable cuckoo bumble bee as an endangered or threatened species may
be warranted. The petitioner also presented information suggesting
habitat destruction from agricultural intensification, livestock
grazing, and pesticide use; pathogen spillover; loss of genetic
diversity; and climate change may be threats to the variable cuckoo
bumble bee. 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R3-ES-2021-0118 under
the Supporting Documents section.
Evaluation of a Petition To List the Texas Population of Ocelot
Species and Range
Ocelot (Leopardus pardalis); Texas, Arizona, Argentina, Belize,
Bolivia, Brazil, Colombia, Costa Rica, Ecuador, El Salvador, French
Guiana, Guatemala, Guyana, Honduras, Mexico, Nicaragua, Panama,
Paraguay, Peru, Suriname, Trinidad and Tobago, Uruguay, Venezuela.
Petition History
Ocelots have been listed as an endangered species rangewide under
the Act since 1972 (37 FR 6476; March 30, 1972), which includes where
they are found in Arizona and Texas (47 FR 31670; July 21, 1982). On
March 30, 2021, we received a petition from WildEarth Guardians dated
February 2, 2021, requesting that the Texas population of ocelots be
classified as a distinct population segment (DPS) and listed as an
endangered species or a threatened species under the Act. The petition
also requested designation of critical habitat for the Texas population
of ocelots. 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 evaluated information provided in the petition to determine if
the petition identified an entity that may be eligible for listing as a
DPS under the Service's Policy Regarding the Recognition of Distinct
Vertebrate Population Segments Under the Endangered Species Act (DPS
policy) (61 FR 4722; February 7, 1996). Our evaluation concluded that
the petition did not provide substantial information that the Texas
population of ocelots may meet the significance criteria of our DPS
policy. Therefore, we did not further evaluate whether the petition
presents substantial information indicating that the petitioned action
may be warranted.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition does not present substantial
scientific or commercial information indicating the petitioned action
may be warranted for the ocelot. The petition from WildEarth Guardians
requests designation of the ocelot populations in Texas as a DPS. Under
the Service's DPS policy, the elements for listing a DPS are that the
population is both discrete and significant and meets the definition of
an endangered species or threatened species (61 FR 4722; February 7,
1996). The petition presents substantial information that Texas ocelots
may meet both elements of discreteness as defined by the DPS policy,
due to (1) marked separation as evidenced by extensive development
along the border and little to no genetic exchange between ocelots in
Texas and Mexico and (2) differences in control of exploitation and
regulatory mechanisms to protect the species between the United States
and Mexico. However, the petition does not present substantial
scientific or commercial information explicitly related to the
significance of Texas ocelots relative to the taxon. Furthermore,
information available in our files refutes the claims made in the
petition. We find that the ecological setting in which Texas ocelots
occur is not unique and, therefore, Texas ocelots do not persist in a
unique ecological setting compared to the rest of the taxon. In
addition, we find that the loss of the Texas ocelot populations would
not represent a significant gap in the species' range. Thus, after
reviewing the information presented in the petition, we determined that
the petition does not present substantial information indicating that
the ocelot population in Texas may meet the significance element to be
a Distinct Population Segment.
Because the petition does not present substantial information
indicating that the Texas ocelot population meets the standard of a
DPS, we are not initiating a status review of this species in response
to this petition. However, we ask that the public submit to us any new
information that becomes available concerning the status of, or threats
to, this species or its habitat at any time (see appropriate contact
under FOR FURTHER INFORMATION CONTACT above).
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="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R2-ES-2021-0119 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) of the Act, we have determined that
the petitions summarized above for the thick-leaf bladderpod and
variable cuckoo bumble bee 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. In addition, we have determined that the petition
summarized above for the Texas population of ocelots does not present
substantial scientific or commercial information indicating that the
petitioned entity may qualify as a DPS. Therefore, it is not a listable
entity under the Act. We are, therefore, not initiating a status review
of this species in response to the petition.
[[Page 7083]]
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. 2022-02545 Filed 2-7-22; 8:45 am]
BILLING CODE 4333-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 8, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.