Proposed Rule2023-09025
Endangered and Threatened Wildlife and Plants; Threatened Species Status for Black-Capped Petrel With a Section 4(d) Rule
Primary source
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Published
May 2, 2023
Effective
October 9, 2018
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our October 9, 2018, proposed rule to list the black-capped petrel (Pterodroma hasitata) as a threatened species under the Endangered Species Act of 1973, as amended (Act), with a rule issued under section 4(d) of the Act to provide for the conservation of this species. We are reopening the comment period to present significant new information we have received since 2018 that is relevant to our consideration of the status of the black-capped petrel and allow interested parties to comment. Comments submitted during the 2018 comment period do not need to be resubmitted and will be fully considered in preparation of our final rule. We encourage those who may have commented previously to submit additional comments, if appropriate, in light of this new information.
Full Text
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<title>Federal Register, Volume 88 Issue 84 (Tuesday, May 2, 2023)</title>
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[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Proposed Rules]
[Pages 27427-27430]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09025]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2018-0043; FF09E21000 FXES1111090FEDR 234]
RIN 1018-BD13
Endangered and Threatened Wildlife and Plants; Threatened Species
Status for Black-Capped Petrel With a Section 4(d) Rule
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; document availability and reopening of comment
period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the public comment period on our October 9, 2018, proposed
rule to list the black-capped petrel (Pterodroma hasitata) as a
threatened species under the Endangered Species Act of 1973, as amended
(Act), with a rule issued under section 4(d) of the Act to provide for
the conservation of this species. We are reopening the comment period
to present significant new information we have received since 2018 that
is relevant to our consideration of the status of the black-capped
petrel and allow interested parties to comment. Comments submitted
during the 2018 comment period do not need to be resubmitted and will
be fully considered in preparation of our final rule. We encourage
those who may have commented previously to submit additional comments,
if appropriate, in light of this new information.
DATES: The comment period for the proposed rule published on October 9,
2018, at 83 FR 50560 is reopened. We will accept comments received or
postmarked on or before June 1, 2023. Comments submitted electronically
using the Federal eRulemaking Portal (see ADDRESSES, below) must be
received by 11:59 p.m. eastern time on the closing date.
ADDRESSES: You may submit comments 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-R4-ES-2018-0043,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate this document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R4-ES-2018-0043, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments 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 Public Comments, below, for more information).
Availability of supporting materials: Supporting materials
including the new information are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-R4-ES-2018-0043.
FOR FURTHER INFORMATION CONTACT: Edwin Mu[ntilde]iz, Field Supervisor,
U.S. Fish and Wildlife Service, Caribbean Ecological Services Field
Office, <a href="/cdn-cgi/l/email-protection#8cefedfee5eeeee9ede2d3e9ffcceafbffa2ebe3fa"><span class="__cf_email__" data-cfemail="325153405b505057535c6d5741725445411c555d44">[email protected]</span></a>; telephone 786-244-0081. 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
On October 9, 2018, we proposed to list the black-capped petrel as
a threatened species with a rule issued under section 4(d) of the Act
to provide for the conservation of this species (83 FR 50560). Please
refer to the 2018 proposed rule for information about the black-capped
petrel, its status, its threats, and a summary of factors affecting the
species. The proposed rule also includes detailed descriptions of
previous Federal actions concerning this species. At the time of the
proposed rule, we also publicly made available the Species Status
Assessment (SSA) report that includes additional details regarding the
species. The SSA report (version 1.1; Service 2018) can be found at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, docket no. FWS-R4-ES-2018-0043, as
Supporting and Related Materials.
Since the 2018 proposed rule, we have received new or updated
information regarding the black-capped petrel's life history, range,
habitat, and factors influencing the species' viability. The
information indicates the magnitude of threats is likely greater than
we had previously assessed. A
[[Page 27428]]
description of the new information is provided below.
New Information
New information associated with the species' occurrence at sea
indicates an expansion of the species' range within the northern Gulf
of Mexico. Recent sightings of individual black-capped petrels in the
central and northeastern Gulf of Mexico show greater use of this marine
region by the species than previously documented, resulting in a
confirmed range expansion (Jodice et al. 2021, entire). Additionally,
recent satellite tracking studies of individual black-capped petrels
identified near-shore areas off the northern coast of Central and South
America as areas where the species forages during the breeding season,
and these areas may have previously been overlooked or underestimated
(Leopold et al. 2019, entire).
The new information also includes updated data on the amount and
condition of the species' nesting areas. The black-capped petrel is
known to nest only on the island of Hispaniola in high-elevation areas
in Haiti and Dominican Republic. The currently known nesting areas
include three in Haiti (Pic Macaya, Pic La Visite, and Morne Vincent)
and three in Dominican Republic (Sierra de Bahoruco/Loma del Toro,
Valle Nuevo National Park, and Loma Quemada). The amount of suitable
nesting habitat is 70 percent less than what we previously estimated in
2018 (Satg[eacute] et al. 2021, pp. 583-586). We also now have recent
nesting data from survey results on Hispaniola for years beyond 2018;
however, not all sites were surveyed each year (Brown and Jean 2020,
entire; Brown and Jean 2021, entire; International Black-capped Petrel
Conservation Group (IBPCG) 2019, pp. 2-4; IBPCG 2020, pp. 3-4; IBPCG
2021, pp. 3-4; IBPCG 2022, pp. 3-4). Across all nesting colonies, the
total number of breeding adults at each site is uncertain.
The nesting colony at Pic Macaya in Haiti once accounted for 5
percent of the total breeding population; however, the habitat
conditions have deteriorated, and no nesting has been detected here in
the past 20 years. Ongoing impacts to the species and its nesting
habitat in this area include fires, invasive mammals, deforestation,
and habitat loss (Goetz et al. 2012, p. 5; Wheeler et al. 2021, p. A2-
84), with up to 56 percent of total forest cover lost in the period
2000-2018 (Satg[eacute] et al. 2021, p. 586). This site is considered
extirpated, based on recent surveys that did not detect any nesting
activity at this site.
Pic La Visite in Haiti includes the most significant breeding
colony of the black-capped petrel and includes nearly half of the total
known breeding population for the species. In 2021, one study found low
nest success with only 16 of 35 nests fledging a chick (Brown and Jean
2021, pp. 2, 4). All known nests are concentrated in an area of roughly
2.5 acre (ac) (1 hectare (ha)) (IBPCG 2021, entire; Wheeler et al.
2021, pp. 10, A2-73). New information regarding the Pic La Visite
nesting area indicates the ongoing deforestation due to agricultural
encroachment is accelerating (Hedges et al. 2018, entire).
The Morne Vincent nesting area in Haiti is approximately 32 ac (13
ha) (Wheeler et al. 2021, p. A2-75). During the most recent surveyed
nesting season (2020-2021), an 87 percent success rate was reported for
the 15 nests monitored (Brown and Jean 2020, p. 3; IBPCG 2021, p. 4).
The primary cause of nest failure is predation (Wheeler et al. 2021, p.
16).
The Loma del Toro nesting area is in the Sierra de Bahoruco of the
Dominican Republic and is approximately 370 ac (150 ha) (Wheeler et al.
2021, p. A2-77). Since 2018, cumulative monitoring of 95 petrel nesting
attempts suggests that overall success rates (53 percent) are lower
than the nearby Morne Vincent nesting area in Haiti (IBPCG 2018,
entire; IBPCG 2019, entire; IBPCG 2020, entire; IBPCG 2021, entire).
During the recent petrel nesting season (2021-2022), nest success
estimated from the 23 nests monitored in this colony declined to 22
percent (E. Rupp, Grupo Jaragua, in litt). Historical estimates of nest
success in this area are unavailable prior to the introduction of
exotic mammals into black-capped petrel habitat. Deforestation is
occurring in the vicinity of the known black-capped petrel nesting
area, where an 11 percent decrease in forest cover was documented from
2000 through 2018 (Satg[eacute] et al. 2021, p. 583). Moreover,
extensive forest fires and severe nest predation by stray dogs have
occurred in this nesting area (IBPCG 2021, p. 1).
Valle Nuevo National Park, Dominican Republic, was a suspected
nesting area prior to 2017 when nesting was confirmed. To date, 13
black-capped petrel nests have been identified within an area of
approximately 35 ac (14 ha) (Wheeler et al. 2021, p. A2-81; IBPCG 2021,
p. 4). As with all other black-capped petrel nesting colonies, petrels
nesting in Valle Nuevo face the threats of agricultural activities,
invasive mammals, habitat loss, and communication towers (Goetz et al.
2012, p. 5; Wheeler et al. 2021, pp. 12-16), in addition to the
increasing threat posed by encroachment of invasive ferns, which block
access to nest sites (Wheeler et al. 2021, p. 14; Davis 2019, p. 58).
All nests at Valle Nuevo failed to fledge young during both the 2020
(n=13) and 2021 (n=17) nesting seasons, and predation by the invasive
mongoose is believed to be the cause (IBPCG 2021, p. 4; E. Rupp, Grupo
Jaragua, in litt).
Loma Quemada, Dominican Republic, is the lowest elevation petrel
nesting colony (Wheeler et al. 2021, p. A2-80). The habitat at Loma
Quemada is similar to Loma del Toro, located approximately 12.4 mi (20
km) to the west, and it shares many of the same threats from habitat
loss and degradation, anthropogenic fires, and predation and nest
destruction by invasive mammals such as feral pigs (Wheeler et al.
2021, p. A2-80). As of October 2020, seven petrel nests have been
discovered within the approximately 27-ac (11-ha) area. Two (29
percent) of these nests fledged young during the 2020-2021 nesting
season (IBPCG 2021, p. 4). In the previous (2019-2020) season, 33
percent of nests (2 of 6) were successful (IBPCG 2020, p. 5).
Preliminary data from the 2021-2022 season indicates a further decline
in nest success to 17 percent (E. Rupp, Grupo Jaragua, in litt).
The threats acting on the species on its breeding grounds on
Hispaniola were described in detail in the proposed rule (83 FR 50560)
and the SSA report (Service 2018, pp. 14-28). We received new
information regarding invasive mammalian predators, harvesting of tree
ferns, development, primary forest loss, terrestrial mining, coastal
and offshore energy development, and climate change that provide a
better understanding of the imminence and magnitude of the threats
acting on the species and its habitat.
Introduced mammals such as mongoose, dogs, cats, and pigs on the
breeding grounds cause direct and indirect mortality to adult petrels
and chicks on the nest. New information from camera trap studies near
nest burrows shows the threat is more prevalent and imminent than
previously described. Some of the survey results documented dogs and
mongoose depredating black-capped petrel chicks and adults. Abandonment
of an active petrel nest (i.e., a nest with an egg or chick) due to
repeated incursions by a mongoose was recently documented in the
Dominican Republic (IBPCG 2019, p. 4). Mongoose predation was observed
between early March and late May, resulting in the mortality of at
least seven petrel chicks in Valle Nuevo during the 2020-2021 breeding
season
[[Page 27429]]
(Grupo Jaragua 2021, pp. 3-4). No nests in Valle Nuevo were known to be
successful over two recent seasons (2020 and 2021), largely due to
mongoose predation (IBPCG 2021, p 1; E. Rupp, Grupo Jaragua, in litt).
Recent camera trapping in the Pic La Visite colony showed that a
single dog depredated 18 of 35 known active nests in 2021 (Brown and
Jean 2021, pp. 4-5). At least nine dogs also killed at least 11 adult
black-capped petrels during the 2020-2021 breeding season (Brown and
Jean 2021, p. 5; Satg[eacute] 2021, p. 2; Grupo Jaragua 2021, p. 2).
Feral cats also affect the petrels on their nesting grounds. The
recent loss of at least nine active petrel nests in the Dominican
Republic was attributed to a single feral cat (IBPCG 2019, p. 4).
Across the nesting sites that have been surveyed in Haiti and Dominican
Republic, new information indicates the threat of introduced mammals on
the black-capped petrel is more imminent than described in the 2018
proposed rule. The magnitude of this threat is greater than previously
documented with potential catastrophic effects to reproduction during a
nesting season.
In petrel nesting areas of Haiti, harvesting of tree ferns to sell
as substrate for ornamental plants has increased (A. Brown, in litt.).
This activity disrupts and destabilizes soil in the vicinity of nest
burrows, directly disturbing nests and potentially leading to burrow
collapse. At least 14 active nests at 1 site were destroyed during the
2020-2021 nesting season due to tree fern harvesting activities (Brown
and Jean 2021, p. 4).
We have new information associated with development on Hispaniola,
particularly around Pedernales, Dominican Republic, a coastal area
along the southwestern border of Dominican Republic and Haiti (DGAPP
2021, entire). Construction has begun on a large-scale development that
will include an international airport, hotels, roads, and other
infrastructure associated with tourism and recreation. This development
is about 18 mi (29 km) from two nesting areas (Loma del Toro and Loma
Quemada) and is along the petrel's flight path between nesting and
foraging areas at sea. Impacts to the species may include those
associated with artificial lighting and collisions with structures and
aircraft.
Loss and degradation of nesting habitat due to deforestation
continues to be one of the most significant and persistent threats to
the black-capped petrel (Goetz et al. 2012, entire; Wheeler et al.
2021, pp. 12-16). Primary mechanisms of deforestation in the region
include urbanization, clearing of land for pastures or agriculture,
felling of trees for building materials, and charcoal production.
Estimates of current deforestation, which were considered in our 2018
proposed rule, on Hispaniola range from over 90 percent for the Haitian
portion to slightly less than 90 percent for the Dominican Republic
portion (Castro et al. 2005, p. 7; Simons et al. 2013, p. S31; Churches
et al. 2014, entire). Deforestation in the Haitian nesting areas is
particularly significant for the black-capped petrel, given that up to
70 percent of all active nest sites of the species occur within Haiti
(Goetz et al. 2012, p. 5; Wheeler et al. 2021, p. 10). New information
projects that all primary forests within Haiti are to be lost by 2035
(Hedges et al. 2018, entire).
Recent quantitative assessments of deforestation in the Dominican
Republic also indicate that the rate of deforestation in and around
petrel nesting colonies and areas of suitable nesting habitat has
accelerated in recent years, ranging from 3.8 percent to 56 percent in
the period 2000-2018 (Lloyd and Leon 2019, p. 5; Satg[eacute] et al.
2021, p. 583). We also received new information regarding deforestation
due to fires in the Dominican Republic. The frequency and intensity of
fires in and around petrel nesting areas has increased in recent years,
further exacerbating and contributing to deforestation and habitat
degradation in the region (Batlle and Ramon 2021, p. 36; IBPCG 2021, p.
1). The impacts from forest fires create conditions for invasive plant
species, such as the terrestrial fern (Dicranopteris pectinata), to
colonize and block access to nesting substrate and burrows (Wheeler et
al. 2021, p. 14).
New information has been provided regarding mining of rare earth
elements (REE) on Hispaniola. ``Economically significant'' amounts of
REE were recently discovered in Sierra del Bahoruco, Dominican
Republic, in association with former bauxite mines and adjacent areas
within 5 mi (8 km) of the Loma Quemada nesting area (Proenza et al.
2017, p. 1321; Proenza et al. 2021, p. 21). These products are in high
demand globally, as they are essential for production of numerous
modern technologies, including cell phones, solar cells, and electric
vehicles (Dutta et al. 2016, p. 183; Proenza et al. 2017, p. 1321).
Global demand of REE is increasing at the rate of 5 percent per year,
requiring a steady and dependable supply of these minerals in the
future (Dutta et al. 2016, p. 184). At the time of our 2018 proposal,
we noted that the rapidly increasing global demand for REE, and the
substantial economic importance of the mining sector to the Dominican
Republic, likely foretold a resurgence and expansion of large-scale
mineral exploration and extraction in the region (Dutta et al. 2016, p.
185; Redwood 2015, p. 12). Since that time, the Government of the
Dominican Republic established the ``Reserva Fiscal [Aacute]vila'', an
area of 36,744 ac (14,876 ha) designated for the exploration,
evaluation, and development of REE reserves in the Sierra del Bahoruco
(Proenza et al. 2021, p. 22). This area is approximately 3 miles (5 km)
from the Loma Quemada nesting area.
We also received new information regarding planned offshore wind
energy projects that fall within the black-capped petrel's range. An
area currently proposed for development off the coast of North Carolina
overlaps with the species' core foraging area along the Gulf Stream and
nutrient-rich waters (Avangrid 2022, p. 5). Future wind energy
development in the Gulf of Mexico is anticipated. Studies have been
completed to identify areas for potential renewable energy development;
Texas and Louisiana have some of the highest wind capacity in the
northern Gulf of Mexico (BOEM 2022a, entire; BOEM 2022b, entire).
Offshore wind projects may affect the species through collisions with
turbines, artificial lighting, displacement, and disturbance to the
marine environment and prey species near turbines. For example, changes
in turbidity may influence predator-prey interactions, with predators
being attracted and prey avoiding affected areas (Van Berkel et al.
2020, pp. 113-114).
Offshore oil and gas activity may also affect the species while on
its foraging grounds at sea. Extensive oil and gas activity occurs in
the northern Gulf of Mexico. With the expansion of the species'
documented range to include this area, the species may be at greater
risk of encountering impacts from oil and gas activities than
previously described (Satg[eacute] et al. 2019, entire).
Public Comments
We will accept written comments and information during this
reopened comment period on our proposed rule to list the black-capped
petrel as a threatened species. We will consider information from all
interested parties. We intend that any final action resulting from this
proposed rule will be based on the best scientific and commercial data
available and be as accurate and as effective as possible. Therefore,
we request comments or information from other governmental agencies,
Native American Tribes, the scientific community, industry, or any
other interested parties concerning the new
[[Page 27430]]
information associated with this proposed rule.
We particularly seek comments concerning new information presented
in this Federal Register document and its relationship to the status of
the black capped petrel and any other information. 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. We encourage those who may have
commented previously to submit additional comments, if appropriate, in
light of this new information.
Comments should be as specific as possible. Please note that
submissions merely stating support for, or opposition to, the action
under consideration without providing supporting information, although
noted, do not provide substantial information necessary to support a
determination. Section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is an endangered or a
threatened species must be made solely on the basis of the best
scientific and commercial data available.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit information via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Because we will consider all comments and information we receive
during the comment period, our final determination may differ from the
proposal. Based on the new information we receive (and any comments on
that new information), we may conclude that the species is endangered
instead of threatened, or we may conclude that the species does not
warrant listing as either an endangered species or a threatened
species. In addition, we may change the parameters of the prohibitions
or the exceptions to those prohibitions in the 4(d) rule if we conclude
it is appropriate in light of comments and new information received.
For example, we may expand the prohibitions to include prohibiting
additional activities if we conclude that those additional activities
are not compatible with conservation of the species. Conversely, we may
establish additional exceptions to the prohibitions in the final rule
if we conclude that the activities would facilitate or are compatible
with the conservation and recovery of the species.
References Cited
A complete list of references cited in this rulemaking is available
on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-R4-ES-
2018-0043 and upon request from the Caribbean Ecological Services Field
Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this proposed rule are the members of the
Fish and Wildlife Service's Species Assessment Team and the Caribbean
Ecological Services Field Office.
Authority
The authority for this action 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. 2023-09025 Filed 5-1-23; 8:45 am]
BILLING CODE 4333-15-P
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