Proposed Rule2022-12054
Endangered and Threatened Wildlife and Plants; 90-Day Finding for Three Petitions To List the Yellowstone Bison
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Published
June 6, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on three petitions to add a distinct population segment of the Plains bison (Bison bison bison) in and around Yellowstone National Park (Yellowstone bison) 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 a status review to determine whether the petitioned actions are warranted. To ensure that the status review is comprehensive, we are requesting scientific and commercial data and other information regarding the Yellowstone bison and factors that may affect its status. Based on the status review, we will issue a 12-month petition finding, which will address whether or not the petitioned action is warranted, in accordance with the Act.
Full Text
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<title>Federal Register, Volume 87 Issue 108 (Monday, June 6, 2022)</title>
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[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Proposed Rules]
[Pages 34228-34231]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12054]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R6-ES-2022-0028; FF09E21000 FXES1111090FEDR 223]
Endangered and Threatened Wildlife and Plants; 90-Day Finding for
Three Petitions To List the Yellowstone Bison
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 a
90-day finding on three petitions to add a distinct population segment
of the Plains bison (Bison bison bison) in and around Yellowstone
National Park (Yellowstone bison) 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 a
[[Page 34229]]
status review to determine whether the petitioned actions are
warranted. To ensure that the status review is comprehensive, we are
requesting scientific and commercial data and other information
regarding the Yellowstone bison and factors that may affect its status.
Based on the status review, we will issue a 12-month petition finding,
which will address whether or not the petitioned action is warranted,
in accordance with the Act.
DATES: The findings announced in this document were made on June 6,
2022. As we commence our status review, we seek any new information
concerning the status of, or threats to, the Yellowstone bison, or its
habitats. Any information we receive during the course of our status
review will be considered.
ADDRESSES:
Supporting documents: A summary of the basis for the petition
findings contained in this document is available on <a href="https://www.regulations.gov">https://www.regulations.gov</a> in Docket No. FWS-R6-ES-2022-0028. In addition,
this supporting information is available by contacting the person
specified in FOR FURTHER INFORMATION CONTACT.
Status reviews: If you have scientific or commercial data or other
information concerning the status of, or threats to, the Yellowstone
bison, 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 FWS-R6-ES-2022-0028,
which is the docket number for this action. 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: FWS-R6-ES-2022-0028, 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.
FOR FURTHER INFORMATION CONTACT: Tyler Abbott, Field Supervisor,
Wyoming Ecological Services Field Office, 307-757-3707,
<a href="/cdn-cgi/l/email-protection#1c686570796e437d7e7e7368685c7a6b6f327b736a"><span class="__cf_email__" data-cfemail="89fdf0e5ecfbd6e8ebebe6fdfdc9effefaa7eee6ff">[email protected]</span></a>. 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:
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) 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 Lists (i.e., ``list'' a species),
remove a species from the Lists (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 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
[[Page 34230]]
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).
Summary of Petition Findings
Evaluation of Three Petitions To List the Yellowstone Bison
All three petitions request listing of a distinct population
segment (DPS) for the Yellowstone bison. Bison (Bison bison) is a
recognized species by the Integrated Taxonomic Information System. The
division of bison into two subspecies (Plains bison [Bison bison bison]
and wood bison [Bison bison athabascae]) has been the subject of debate
among experts; however, we recognize Plains bison as a valid
subspecies, following the American Society of Mammalogists and the
American Bison Specialist Group of the International Union for
Conservation of Nature.
Species and Range: Plains bison in and around Yellowstone National
Park (YNP).
Historical range: approximately 7,720 square miles (mi\2\; 20,000
square kilometers [km\2\]) in and around YNP.
Current range: approximately 1,226 mi\2\ (3,175 km\2\) in and
around YNP.
All three petitions identify Yellowstone bison as a potential DPS
of the Plains bison. Two of the three petitions identify two breeding
herds of Yellowstone bison as separate potential DPSs.
Petition History
On November 14, 2014, we received a petition (dated November 13,
2014) from Western Watersheds Project and Buffalo Field Campaign,
requesting that Plains bison in and around YNP (Yellowstone bison) be
listed as threatened or endangered under the Act (first petition). The
first petition clearly identified itself as a petition, and the
petitioner included the identification information required by 50 CFR
424.14(c). On March 2, 2015, we received a petition from James Horsley,
who also requested that Yellowstone bison be listed as threatened or
endangered under the Act (second petition). We published a single
finding for both petitions, concluding that the petitions did not
provide substantial scientific or commercial information indicating
that the petitioned action may be warranted (81 FR 1368, January 12,
2016). On September 26, 2016, petitioners from the first petition as
well as a third party (Friends of Animals) brought suit under the Act
and the Administrative Procedure Act (APA; 5 U.S.C. 551 et seq.)
asserting that our determination was arbitrary and capricious. On
January 31, 2018, the United States District Court for the District of
Columbia (Court) remanded the finding to the Service to conduct a new
90-day finding.
On March 16, 2018, we received a new petition (dated February 28,
2018) from James Horsley; this third petition requested emergency
listing for Yellowstone bison. The third petition clearly identified
itself as a petition, and the petitioner included the identification
information required by 50 CFR 424.14(c). The Act does not provide for
petitions to emergency list; therefore, listing a species on an
emergency basis is not a petitionable action under the Act. 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. Consequently, we considered the third petition as a petition to
list Yellowstone bison.
We published a single finding for the three petitions (the first
and second petitions from the 90-day finding remanded on January 31,
2018, and the third petition received March 16, 2018), concluding that
the petitions did not provide substantial scientific or commercial
information indicating that the petitioned action may be warranted (84
FR 46927, September 6, 2019). On March 23, 2020, petitioners from the
first petition as well as a third party (Friends of Animals) brought
suit under the Act and the APA asserting that our determination was
arbitrary and capricious. On January 12, 2022, the Court again remanded
the finding for the Service to conduct a new 90-day finding.
This finding addresses the three petitions from the 90-day finding
remanded on January 12, 2022.
Evaluation of Information Summary and Finding
We reviewed the petitions, sources cited in the petitions, 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 petitions and readily available information regarding range
curtailment, we find that the petitioners present credible and
substantial information that range curtailment (Factor A) may be a
potential threat to the Yellowstone bison. The petitioners also provide
credible information that management actions taken under the
Interagency Bison Management Plan may curtail the species' available
winter habitat through culling, hunting, hazing, and quarantine (Factor
D). Therefore, we find that the petitions present substantial
information indicating that one or more of the petitioned entities may
warrant listing. The petitioners also presented information suggesting
that overutilization (Factor B), disease (Factor C), and loss of
genetic diversity due to culling (Factor E) may be threats to the
Yellowstone bison. We will fully evaluate these and all other potential
threats, as well as the validity of each DPS, in detail based on the
best scientific and commercial data available when we conduct the
status assessment and make the 12-month finding.
The basis for our finding on these petitions, and other information
regarding our review of the petitions, can be found as an appendix at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R6-ES-2022-0028 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 Yellowstone
bison present substantial scientific or commercial information
indicating that the petitioned actions may be warranted. We are,
therefore, initiating a status review of the species to determine
whether the actions are warranted under the Act. At the conclusion of
the status review, we will issue a finding, 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.
[[Page 34231]]
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. 2022-12054 Filed 6-3-22; 8:45 am]
BILLING CODE 4333-15-P
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