Proposed Rule2024-01454
Endangered and Threatened Wildlife and Plants; 90-Day Findings for 10 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
January 25, 2024
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on 10 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 Betta hendra, Betta rutilans, Hickory Nut Gorge green salamander (Aneides caryaensis), pygmy rabbit (Brachylagus idahoensis), Railroad Valley toad (Anaxyrus nevadensis), Southern Plains bumble bee (Bombus fraternus), Southwest spring firefly (Bicellonycha wickershamorum), white-margined penstemon (Penstemon albomarginatus), and yellow-spotted woodland salamander (Plethodon pauleyi) 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 list the eastern hellbender (Cryptobranchus alleganiensis alleganiensis) does not present substantial information indicating the petitioned action may be warranted. Therefore, we are not initiating a status review of the eastern hellbender.
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<title>Federal Register, Volume 89 Issue 17 (Thursday, January 25, 2024)</title>
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[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Proposed Rules]
[Pages 4884-4890]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01454]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES1111090FEDR 245]
Endangered and Threatened Wildlife and Plants; 90-Day Findings
for 10 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 10 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 Betta hendra, Betta rutilans, Hickory Nut Gorge green
salamander (Aneides caryaensis), pygmy rabbit (Brachylagus idahoensis),
Railroad Valley toad (Anaxyrus nevadensis), Southern Plains bumble bee
(Bombus fraternus), Southwest spring firefly (Bicellonycha
wickershamorum), white-margined penstemon (Penstemon albomarginatus),
and yellow-spotted woodland salamander (Plethodon pauleyi) 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
[[Page 4885]]
will address whether or not the petitioned actions are warranted in
accordance with the Act. We further find that the petition to list the
eastern hellbender (Cryptobranchus alleganiensis alleganiensis) does
not present substantial information indicating the petitioned action
may be warranted. Therefore, we are not initiating a status review of
the eastern hellbender.
DATES: These findings were made on January 25, 2024. As we commence our
status reviews, we seek any new information concerning the status of,
or threats to, Betta hendra, Betta rutilans, Hickory Nut Gorge green
salamander, pygmy rabbit, Railroad Valley toad, Southern Plains bumble
bee, Southwest spring firefly, white-margined penstemon, and yellow-
spotted woodland salamander, or their habitats. Any information we
receive during the course of our status reviews will be considered.
ADDRESSES:
Supporting documents: Summaries of the bases 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, Betta
hendra, Betta rutilans, Hickory Nut Gorge green salamander, pygmy
rabbit, Railroad Valley toad, Southern Plains bumble bee, Southwest
spring firefly, white-margined penstemon, and yellow-spotted woodland
salamander, or their habitats, please provide those data or information
by one of the following methods listed below. For Betta hendra and
Betta rutilans, we specifically request information on information on
any trade in the species, including evidence of trade levels, trends,
and patterns, and any changes over time.
(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
------------------------------------------------------------------------
Betta hendra...................... Rachel London, Manager, Branch of
Delisting and Foreign Species,
Ecological Services Headquarters,
703-358-2491,
<a href="/cdn-cgi/l/email-protection#275546444f424b784b48494348496741505409404851"><span class="__cf_email__" data-cfemail="85f7e4e6ede0e9dae9eaebe1eaebc5e3f2f6abe2eaf3">[email protected]</span></a>.
Betta rutilans.................... Rachel London, Manager, Branch of
Delisting and Foreign Species,
Ecological Services Headquarters,
703-358-2491,
<a href="/cdn-cgi/l/email-protection#ff8d9e9c979a93a09390919b9091bf99888cd1989089"><span class="__cf_email__" data-cfemail="beccdfddd6dbd2e1d2d1d0dad1d0fed8c9cd90d9d1c8">[email protected]</span></a>.
eastern hellbender................ Scott Hicks, Acting Field Office
Supervisor, Ohio Ecological
Services Field Office, 517-352-
6274, <a href="/cdn-cgi/l/email-protection#3c4f5f5348486354555f574f7c5a4b4f125b534a"><span class="__cf_email__" data-cfemail="6516060a11113a0d0c060e16250312164b020a13">[email protected]</span></a>.
Hickory Nut Gorge green salamander Sue Cameron, Biologist, Asheville
North Carolina Field Office, 828-
450-7469, <a href="/cdn-cgi/l/email-protection#53202620323d0c30323e36213c3d133524207d343c25"><span class="__cf_email__" data-cfemail="daa9afa9bbb485b9bbb7bfa8b5b49abcada9f4bdb5ac">[email protected]</span></a>.
pygmy rabbit...................... Anne Mankowski, Biologist, Reno Fish
and Wildlife Office, 775-861-6301,
<a href="/cdn-cgi/l/email-protection#4c2d22222913212d2227233b3f27250c2a3b3f622b233a"><span class="__cf_email__" data-cfemail="a8c9c6c6cdf7c5c9c6c3c7dfdbc3c1e8cedfdb86cfc7de">[email protected]</span></a>.
Railroad Valley toad.............. Justin Barrett, Acting Field
Supervisor, Reno Fish and Wildlife
Office, 775-861-6338,
<a href="/cdn-cgi/l/email-protection#91fbe4e2e5f8ffcef3f0e3e3f4e5e5d1f7e6e2bff6fee7"><span class="__cf_email__" data-cfemail="bcd6c9cfc8d5d2e3deddceced9c8c8fcdacbcf92dbd3ca">[email protected]</span></a>.
Southern Plains bumble bee........ Kraig McPeek, Field Supervisor,
Illinois/Iowa Ecological Services
Field Office, 309-757-5800 x202,
<a href="/cdn-cgi/l/email-protection#d2b9a0b3bbb58dbfb1a2b7b7b992b4a5a1fcb5bda4"><span class="__cf_email__" data-cfemail="0d667f6c646a52606e7d6868664d6b7a7e236a627b">[email protected]</span></a>.
Southwest spring firefly.......... Heather Whitlaw, Field Office
Supervisor, Arizona Field Office,
806-773-5932,
<a href="/cdn-cgi/l/email-protection#41292420352924331e362928352d2036012736326f262e37"><span class="__cf_email__" data-cfemail="0d65686c7965687f527a656479616c7a4d6b7a7e236a627b">[email protected]</span></a>.
white-margined penstemon.......... Glen Knowles, Field Supervisor,
Southern Nevada Fish and Wildlife
Office, 702-515-5244,
<a href="/cdn-cgi/l/email-protection#2b4c474e45744045445c474e586b4d5c58054c445d"><span class="__cf_email__" data-cfemail="90f7fcf5fecffbfeffe7fcf5e3d0f6e7e3bef7ffe6">[email protected]</span></a>.
yellow-spotted woodland salamander Jennifer Norris, Field Office
Supervisor, West Virginia Field
Office, 304-704-0655,
<a href="/cdn-cgi/l/email-protection#117b747f7f787774634e7d4e7f7e63637862517766623f767e67"><span class="__cf_email__" data-cfemail="2e444b404047484b5c71427140415c5c475d6e48595d00494158">[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:
Information Submitted for a Status Review
You may submit your comments and materials concerning the status
of, or threats to, Betta hendra, Betta rutilans, Hickory Nut Gorge
green salamander, pygmy rabbit, Railroad Valley toad, Southern Plains
bumble bee, Southwest spring firefly, white-margined penstemon, and
yellow-spotted woodland salamander, 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 <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 these findings, will be
[[Page 4886]]
available for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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 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.
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 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 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--Internet Search Information for Substantial Findings for Nine
Species
------------------------------------------------------------------------
URL to Docket on
Common name Docket No. https://
www.regulations.gov
------------------------------------------------------------------------
Betta hendra.................. FWS-HQ-ES-2023-01 https://
52. www.regulations.gov/
FWS-HQ-ES-2023-0152.
Betta rutilans................ FWS-HQ-ES-2023-01 https://
53. www.regulations.gov/
FWS-HQ-ES-2023-0153.
Hickory Nut Gorge green FWS-R4-ES-2023-01 https://
salamander. 39. www.regulations.gov/
FWS-R4-ES-2023-0139.
Pygmy rabbit.................. FWS-R8-ES-2023-01 https://
46. www.regulations.gov/
FWS-R8-ES-2023-0146.
Railroad Valley toad.......... FWS-R8-ES-2023-01 https://
42. www.regulations.gov/
FWS-R8-ES-2023-0142.
Southern Plains bumble bee.... FWS-R3-ES-2023-01 https://
37. www.regulations.gov/
FWS-R3-ES-2023-0137.
Southwest spring firefly...... FWS-R2-ES-2023-01 https://
36. www.regulations.gov/
FWS-R2-ES-2023-0136.
White-margined penstemon...... FWS-R8-ES-2023-01 https://
41. www.regulations.gov/
FWS-R8-ES-2023-0141.
Yellow-spotted woodland FWS-R5-ES-2023-01 https://
salamander. 40. www.regulations.gov/
FWS-R5-ES-2023-0140.
------------------------------------------------------------------------
[[Page 4887]]
Table 2--Internet Search Information for Not-Substantial Finding for
Eastern Hellbender
------------------------------------------------------------------------
URL to Docket on https://
Docket No. www.regulations.gov
------------------------------------------------------------------------
FWS-R3-ES-2023-0138............... <a href="https://www.regulations.gov/FWS-R3-ES-2023-0138">https://www.regulations.gov/FWS-R3-ES-2023-0138</a>.
------------------------------------------------------------------------
Evaluation of a Petition To List Betta Hendra
Species and Range
Betta hendra; Central Kalimantan, Borneo, Indonesia.
Petition History
On July 6, 2023, we received a petition dated July 5, 2023, from
the Center for Biological Diversity and Monitor Conservation Research
Society, requesting that Betta hendra, a fish species, be emergency
listed as a threatened species or 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). 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 5, 2023, petition as a petition to list the Betta
hendra. 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 (Factor A), we find
that the petition presents substantial scientific or commercial
information indicating that listing B. hendra as a threatened species
or an endangered species may be warranted. The petitioners also
presented information suggesting overutilization for commercial and
recreational purposes (Factor B) and climate change (Factor E) may be
threats to B. hendra. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-HQ-ES-2023-0152 under the
Supporting Documents section.
Evaluation of a Petition To List Betta Rutilans
Species and Range
Betta rutilans; Kalimantan Barat (West Kalimantan), Borneo,
Indonesia.
Petition History
On July 6, 2023, we received a petition dated July 5, 2023, from
the Center for Biological Diversity and Monitor Conservation Research
Society, requesting that Betta rutilans, a fish species, be emergency
listed as a threatened species or 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). 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 5, 2023, petition as a petition to list Betta
rutilans. 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 (Factor A), we find
that the petition presents substantial scientific or commercial
information indicating that listing B. rutilans as a threatened species
or an endangered species may be warranted. The petitioners also
presented information suggesting overutilization for commercial and
recreational purposes (Factor B) and climate change (Factor E) may be
threats to B. rutilans. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-HQ-ES-2023-0153 under the
Supporting Documents section.
Evaluation of a Petition To List the Hickory Nut Gorge Green Salamander
Species and Range
Hickory Nut Gorge green salamander (Aneides caryaensis); North
Carolina.
Petition History
On July 13, 2022, we received a petition from the Center for
Biological Diversity and Defenders of Wildlife requesting that the
Hickory Nut Gorge green salamander (Aneides caryaensis) be listed as a
threatened species or 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.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. 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 development, including recreation and
roads (Factor A), we find that the petition presents substantial
scientific
[[Page 4888]]
or commercial information indicating that listing the Hickory Nut Gorge
green salamander as a threatened species or endangered species may be
warranted. The petitioners also presented information suggesting that
logging, hemlock loss, invasive plant species, overutilization,
disease, climate change, pollution, severe weather, catastrophic
events, and the effects of small, isolated populations are threats to
the Hickory Nut Gorge green salamander. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R4-ES-2023-0139 under the
Supporting Documents section.
Evaluation of a Petition To List the Pygmy Rabbit
Species and Range
Pygmy rabbit (Brachylagus idahoensis); California, Colorado, Idaho,
Montana, Nevada, Oregon, Utah, Wyoming, and the Columbia Basin Distinct
Population Segment (DPS) in Washington State.
Petition History
On March 6, 2023, we received a petition from the Western
Watersheds Project, Center for Biological Diversity, WildEarth
Guardians, and the Defenders of Wildlife requesting that the pygmy
rabbit (Brachylagus idahoensis) be listed as a threatened species or 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.
Finding
We reviewed the petition, sources cited in the petition, our 2010
not warranted 12-month finding (75 FR 60516; September 30, 2010), and
other readily available information. The Columbia basin DPS of the
pygmy rabbit has been listed as endangered since 2003. 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 the compound effects of
fire, cheatgrass, and climate change (Factors A and E), we find that
the petition presents substantial scientific or commercial information
indicating that listing the pygmy rabbit rangewide, as a threatened
species or an endangered species, may be warranted. The petitioners
also presented information suggesting livestock grazing, oil and gas
development, and disease may be threats to the pygmy rabbit. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R8-ES-2023-0146 under the
Supporting Documents section.
Evaluation of a Petition To List the Railroad Valley Toad
Species and Range
Railroad Valley toad (Anaxyrus nevadensis); Nye County, Nevada.
Petition History
On May 5, 2022, we received a petition from the Center for
Biological Diversity requesting that the Railroad Valley toad (Anaxyrus
nevadensis) be listed as a threatened species or 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.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. 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 oil and gas extraction via hydraulic
fracturing (Factor A) and lithium production (Factor A), we find that
the petition presents substantial scientific or commercial information
indicating that listing the Railroad Valley toad as a threatened
species or an endangered species may be warranted. The petitioners also
presented information suggesting livestock grazing, infrastructure,
mining, disease, nonnative vegetation, climate change, and stochastic
events may be threats to the Railroad Valley 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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R8-ES-2023-0142 under the
Supporting Documents section.
Evaluation of a Petition To List the Southern Plains Bumble Bee
Species and Range
Southern Plains bumble bee (Bombus fraternus); Alabama, Arkansas,
Colorado, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky,
Louisiana, Mississippi, Missouri, Nebraska, New Mexico, California,
North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee,
Texas, Virginia, Wyoming.
Petition History
On July 27, 2022, we received a petition from the Center for
Biological Diversity requesting that the Southern Plains bumble bee
(Bombus fraternus) 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.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. 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 agriculture practices (Factor A) and
pesticide use (Factor E), we find that the petition presents
substantial scientific or commercial information indicating that
listing the Southern Plains bumble bee as a threatened species or
endangered species may be warranted. The petitioners also presented
information suggesting nonnative
[[Page 4889]]
invasive species encroachment, grazing, honey bees, changes to fire
regimes, disease, inadequacy of existing regulatory mechanisms, climate
change, and the effects of small populations may be threats to the
Southern Plains 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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R3-ES-2023-0137 under the
Supporting Documents section.
Evaluation of a Petition To List the Southwest Spring Firefly
Species and Range
Southwest spring firefly (Bicellonycha wickershamorum); Arizona and
New Mexico (United States), Sonora (Mexico).
Petition History
On March 30, 2023, we received a petition from The Xerces Society
for Invertebrate Conservation and the New Mexico BioPark Society
requesting that the Southwest spring firefly (Bicellonycha
wickershamorum) 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.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. 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 loss and degradation of wetland
habitats (Factor A), livestock grazing (Factor A), mining (Factor A),
climate change (Factor E), and light pollution (Factor E), we find that
the petition presents substantial scientific or commercial information
indicating that listing the Southwest spring firefly as an endangered
species may be warranted. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R2-ES-2023-0136 under the
Supporting Documents section.
Evaluation of a Petition To List the White-Margined Penstemon
Species and Range
White-margined penstemon (Penstemon albomarginatus); Mohave County,
Arizona; Nye and Clark Counties, Nevada; San Bernadino County,
California.
Petition History
On March 16, 2023, we received a petition from the Center for
Biological Diversity requesting that white-margined penstemon
(Penstemon albomarginatus) be listed as a threatened species or 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.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. 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, sources
cited in the petition, and readily available information regarding
habitat loss and degradation due to land development and off-highway
vehicle use (Factor A) and effects of climate change (Factor E), we
find that the petition presents substantial scientific or commercial
information indicating that listing the white-margined penstemon as a
threatened species or endangered species may be warranted. The
petitioners also presented information suggesting cattle grazing
(Factor A), insect and mammalian predation (Factor C), invasive plant
species (Factor E), and pollinator limitation (Factor E) may be threats
to the white-margined penstemon. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R8-ES-2023-0141 under the
Supporting Documents section.
Evaluation of a Petition To List the Yellow-Spotted Woodland Salamander
Species and Range
Yellow-spotted woodland salamander (Plethodon pauleyi); West
Virginia, Virginia, Kentucky, and Tennessee; range extends from the New
River Gorge in West Virginia to Pine Mountain along the Kentucky and
Tennessee border.
Petition History
On August 24, 2022, we received a petition from the Center for
Biological Diversity, Appalachian Mountain Advocates, Appalachian
Voices, Citizens Coal Council, The Clinch Coalition, Coal River
Mountain Watch, Dogwood Alliance, Forest Keeper, Heartwood, Kentucky
Heartwood, and Kentucky Waterways Alliance requesting that yellow-
spotted woodland salamander (Plethodon pauleyi) be listed as a
threatened species or 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.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. We considered the credible 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. Based on our review of the petition and readily available
information regarding mining operations (Factor A), land clearing
(Factor A) and climate change (Factor E), we find that the petition
presents substantial scientific or commercial information indicating
that listing the yellow-spotted woodland salamander as a threatened
species or an endangered species may be warranted. The petitioners also
presented information suggesting that collection, predation, disease,
invasive species, pollution, and recreation may be threats to the
yellow-spotted woodland salamander. We will
[[Page 4890]]
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R5-ES-2023-0140 under the
Supporting Documents section.
Evaluation of a Petition To List the Eastern Hellbender
Species and Range
Eastern hellbender (Cryptobranchus alleganiensis alleganiensis);
Northeastern Mississippi, northern Alabama, northern Georgia,
Tennessee, western North Carolina, western Virginia, West Virginia,
Kentucky, southern Illinois, southern Indiana, Ohio, Pennsylvania,
western Maryland, and southern New York, with disjunct populations
occurring in east-central Missouri.
Petition History
On March 31, 2022, we received a petition from Jenna M. Hauck
requesting that the eastern hellbender (Cryptobranchus alleganiensis
alleganiensis) be listed as a threatened 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 individual and cumulative effects of
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, sources cited in the petition, and other readily available
information, we find that the petition does not provide substantial
scientific or commercial information indicating that listing the
eastern hellbender as a threatened species may be warranted. All of the
information provided by the petitioner was already considered in our
2019 12-month finding for the species in which we determined that
listing is not warranted (84 FR 13223; April 4, 2019). 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 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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R3-ES-2023-0138 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 Betta hendra, Betta rutilans, the
Hickory Nut Gorge green salamander, pygmy rabbit, Railroad Valley toad,
Southern Plains bumble bee, Southwest spring firefly, white-margined
penstemon, and yellow-spotted woodland salamander 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 eastern
hellbender does not present substantial scientific or commercial
information indicating that the petitioned action may be warranted. We
are, therefore, not initiating a status review for the eastern
hellbender in response to the petition.
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. 2024-01454 Filed 1-24-24; 8:45 am]
BILLING CODE 4333-15-P
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