Proposed Rule2025-16209

Endangered and Threatened Wildlife and Plants; 12-Month Not-Warranted Finding for the Northern California-Southern Oregon Distinct Population Segment of Fisher

Primary source

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Published
August 25, 2025

Issuing agencies

Interior DepartmentFish and Wildlife Service

Abstract

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on the status of the Northern California-Southern Oregon distinct population segment (NCSO DPS) of fisher (Pekania pennanti) under the Endangered Species Act of 1973, as amended (Act). The fisher is a mammal species in the weasel family found primarily in mature conifer and mixed hardwood forests. After a thorough review of the best available scientific and commercial information, we find that listing the NCSO DPS of fisher as an endangered or threatened species is not warranted at this time. However, we ask the public to submit to us at any time any new information relevant to the status of the NCSO DPS of fisher or its habitat.

Full Text

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<title>Federal Register, Volume 90 Issue 162 (Monday, August 25, 2025)</title>
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[Federal Register Volume 90, Number 162 (Monday, August 25, 2025)]
[Proposed Rules]
[Pages 41355-41359]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16209]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2023-0123; FXES1111090FEDR-256-FF09E21000]


Endangered and Threatened Wildlife and Plants; 12-Month Not-
Warranted Finding for the Northern California-Southern Oregon Distinct 
Population Segment of Fisher

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notification of findings.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
12-month finding on the status of the Northern California-Southern 
Oregon distinct population segment (NCSO DPS) of fisher (Pekania 
pennanti) under the Endangered Species Act of 1973, as amended (Act). 
The fisher is a mammal species in the weasel family found primarily in 
mature conifer and mixed hardwood forests. After a thorough review of 
the best available scientific and commercial information, we find that 
listing the NCSO DPS of fisher as an endangered or threatened species 
is not warranted at this time. However, we ask the public to submit to 
us at any time any new information relevant to the status of the NCSO 
DPS of fisher or its habitat.

DATES: The findings in this document were made on August 25, 2025.

ADDRESSES: A detailed description of the basis for this finding is 
available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket 
No. FWS-R1-ES-2023-0123. Supporting information used to prepare this 
finding is also available for public inspection, by appointment, during 
normal business hours at the Oregon Fish and Wildlife Office. Please 
submit any new information, materials, comments, or questions 
concerning this finding to the person listed under FOR FURTHER 
INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Kessina Lee, Oregon State Supervisor, 
Oregon Fish and Wildlife Office, 503-231-6179, <a href="/cdn-cgi/l/email-protection#1d76786e6e74737c427178785d7b6a6e337a726b"><span class="__cf_email__" data-cfemail="d4bfb1a7a7bdbab58bb8b1b194b2a3a7fab3bba2">[email&#160;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

    Under section 4(b)(3)(B) of the Act (16 U.S.C. 1533(b)(3)(B)), we 
are required to make a finding on whether or not a petitioned action is 
warranted within 12 months after receiving any petition that we have 
determined contains substantial scientific or commercial information 
indicating that the petitioned action may be warranted (``12-month 
finding''). We must make a finding that the petitioned action is: (1) 
not warranted; (2) warranted; or (3) warranted, but precluded by other 
listing activity. We must publish a notification of these 12-month 
findings in the Federal Register.

Summary of Information Pertaining to the Five Factors

    Section 4 of the Act (16 U.S.C. 1533) and the implementing 
regulations at part 424 of title 50 of the Code of Federal Regulations 
(50 CFR part 424) set forth procedures for adding species to, removing 
species from, or reclassifying species on the Lists of Endangered and 
Threatened Wildlife and Plants (Lists). The Act defines ``species'' as 
including any subspecies of fish or wildlife or plants, and any 
distinct population segment of any species of vertebrate fish or 
wildlife which interbreeds when mature. The Act defines an ``endangered 
species'' as a species that is in danger of extinction throughout all 
or a significant portion of its range (16 U.S.C. 1532(6)) and a 
``threatened species'' as a species that is likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range (16 U.S.C. 1532(20)). Under section 
4(a)(1) of the Act, the Secretary of the Interior (Secretary) may 
determine whether any species is an endangered species or a threatened 
species because of any of the following five factors:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    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 negatively 
affect individuals of a species. 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) does not 
necessarily mean that the species meets the statutory definition of an 
``endangered species'' or a ``threatened species.'' In determining 
whether a species meets either definition, we must evaluate all 
identified threats by considering the species' expected response and 
the effects of the threats--in light of those actions and conditions 
that will ameliorate the threats--on an individual, population, and 
species level. We evaluate each threat and its expected effects on the 
species, then analyze the cumulative effect of all 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 will have 
positive effects on the species, such as any existing regulatory 
mechanisms or conservation efforts. The Secretary determines whether 
the species meets the definition of an ``endangered species'' or a 
``threatened species'' only after conducting this cumulative analysis 
and describing the expected effect on the species.
    The Act does not define the term ``foreseeable future,'' which 
appears in the statutory definition of ``threatened species.'' Our 
implementing regulations at 50 CFR 424.11(d) set forth a framework for 
evaluating the foreseeable future on a case-by-case basis, which is

[[Page 41356]]

further described in the 2009 Memorandum Opinion on the foreseeable 
future from the Department of the Interior, Office of the Solicitor (M-
37021, January 16, 2009; ``M-Opinion,'' available online at <a href="https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/M-37021.pdf">https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/M-37021.pdf</a>). 
The foreseeable future extends as far into the future as we can make 
reasonably reliable predictions about the threats to the species and 
the species' responses to those threats. We need not identify the 
foreseeable future in terms of a specific period of time. We will 
describe the foreseeable future on a case-by-case basis, using the best 
available data and taking into account considerations such as the 
species' life-history characteristics, threat projection timeframes, 
and environmental variability. In other words, the foreseeable future 
is the period of time over which we can make reasonably reliable 
predictions. ``Reliable'' does not mean ``certain;'' it means 
sufficient to provide a reasonable degree of confidence in the 
prediction, in light of the conservation purposes of the Act.
    In conducting our evaluation of the five factors provided in 
section 4(a)(1) of the Act to determine whether the NCSO DPS of fisher 
meets the Act's definition of an ``endangered species'' or a 
``threatened species,'' we considered and thoroughly evaluated the best 
scientific and commercial information available regarding the past, 
present, and future stressors and threats. We reviewed the petition, 
information available in our files, and other available published and 
unpublished information for the species. Our evaluation may include 
information from recognized experts; Federal, State, and Tribal 
governments; academic institutions; foreign governments; private 
entities; and other members of the public.
    In accordance with 50 CFR 424.14(h)(2)(i), this document announces 
a not-warranted finding on the petition to list the NCSO DPS of fisher. 
We have also elected to include a brief summary of the analysis on 
which this finding is based. We provide the full analysis, including 
the reasons and data on which the finding is based, in the decisional 
file for the action included in this document.
    The species assessment form for the NCSO DPS of fisher contains 
more detailed biological information, a thorough analysis of the 
listing factors, a list of literature cited, and an explanation of why 
we determined that this species does not meet the Act's definition of 
an ``endangered species'' or a ``threatened species.'' To inform our 
status review, we completed a species status assessment (SSA) report 
for the NCSO DPS of fisher. The SSA report contains a thorough review 
of the taxonomy, life history, ecology, current status, and projected 
future status for the NCSO DPS of fisher. This supporting information 
can be found on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under 
Docket No. FWS-R1-ES-2023-0123 (see ADDRESSES, above).

Previous Federal Actions

    On April 8, 2004, we first found the West Coast DPS of fisher 
(previously delineated as a contiguous area encompassing parts of 
Washington, Oregon, and California) to be warranted for listing (69 FR 
18770). We continued to do so each subsequent year through 2013 in the 
annual candidate notice of review. On October 7, 2014, we proposed to 
list the West Coast DPS of fisher as a threatened species under the Act 
(79 FR 60419). On April 18, 2016, we withdrew that proposed rule, 
concluding that the potential threats (stressors) acting upon the DPS 
were not of sufficient imminence, intensity, or magnitude to indicate 
that they were singly or cumulatively resulting in significant impacts 
at either the population or rangewide scales (81 FR 22710 at 22713).
    On October 19, 2016, the Center for Biological Diversity, the 
Environmental Protection Information Center, the Klamath-Siskiyou 
Wildlands Center, and Sierra Forest Legacy filed a complaint for 
declaratory and injunctive relief, alleging that our determination on 
the West Coast DPS of fisher violated the Act.
    On September 21, 2018, the District Court for the Northern District 
of California vacated the listing withdrawal and remanded our final 
determination for reconsideration by March 22, 2019. In subsequent 
amending orders, the court directed us to prepare a new determination 
or notice of a revised proposed rule by October 26, 2019, and in the 
event of publishing a revised proposed rule, submit for publication a 
final listing determination by April 25, 2020.
    We published a revised proposed listing rule on November 7, 2019, 
based on new information and a reevaluation of the best available 
information, including reconfiguration of multiple DPSs within the area 
previously described as a single DPS called the West Coast DPS of 
fisher (84 FR 60278). The new delineation of DPSs included two original 
native populations (the NCSO and Southern Sierra Nevada (SSN) DPSs) and 
three reintroduced populations (Northern Sierra Nevada, Southern Oregon 
Cascades, and the Olympic Peninsula). On May 15, 2020, in the final 
rule listing the SSN DPS of fisher as endangered, we also concluded 
that listing the NCSO DPS of fisher was not warranted (85 FR 29532).
    On September 13, 2022, the Center for Biological Diversity, the 
Environmental Protection Information Center, and the Klamath-Siskiyou 
Wildlands Center filed a complaint in the District Court for the 
Northern District of California challenging the 2020 Final Rule. On 
June 7, 2023, in light of new information, we entered into a stipulated 
settlement agreement to submit to the Federal Register by August 21, 
2025, a new 12-month finding as to whether the listing of the NCSO DPS 
of fisher is warranted. On September 26, 2023, we also published a 
request for new information since 2019 to inform our SSA on the NCSO 
DPS of fisher (88 FR 65939).
    Additional information on Federal actions concerning the West Coast 
DPS of fisher prior to October 7, 2014, is outlined in the species 
assessment form (Service 2025a, pp. 1-2) and the October 7, 2014, 
proposed listing rule (79 FR 60419).

Summary of Finding

    The fisher is a medium-sized mammal belonging to the weasel family, 
Mustelidae, which also includes mink, martens, and otters. 
Characterized by its elongated body, short legs, and bushy tail, the 
fisher weighs between 3 and 13 pounds (1.4 and 5.9 kilograms) and 
measures about 29 to 47 inches (74 to 119 centimeters) with males 
typically being larger than females and size varying depending on the 
region. Fishers have a light brown to black fur coat, with white 
patches on their chest. They have a broad head, pointy snout, bushy 
tail and small ears. The fisher is found primarily in mature conifer 
and mixed hardwood forests, with populations distributed across parts 
of California, Oregon, and Washington; the Rocky Mountains; the 
northeastern United States; and Canada. For the SSA report and this 
evaluation, we consider the NCSO DPS as one population that is 
comprised of three subpopulations: the native Northern California-
Southern Oregon (native NCSO) subpopulation, the Southern Oregon 
Cascades (SOC) reintroduced subpopulation, and the Northern Sierra 
Nevada (NSN) reintroduced subpopulation. For our analysis, we consider 
these three subpopulations as three analysis units.
    At the individual level, fishers need an adequate amount of quality 
denning, resting, foraging, and dispersal habitat

[[Page 41357]]

with abundant diversity and availability of prey, and the availability 
of mates to allow fishers to reproduce and successfully raise progeny 
to complete their life cycle. At the species level, fishers require a 
sufficient number of individuals distributed across the analysis area 
to ensure that the species can withstand annual environmental and 
demographic variation (resiliency), catastrophes (redundancy), and 
novel or extraordinary changes in its environment (representation).
    For the NCSO DPS, we assessed resiliency using measures of 
abundance, density, connectivity of suitable habitat, and habitat 
quality. We assessed redundancy based on the number and distribution of 
subpopulations within the DPS relative to the scale and frequency of 
anticipated species-relevant catastrophic events. We assessed 
representation based on the distribution of fisher subpopulations 
across multiple ecosystems and the ability of those subpopulations to 
maintain adequate amounts of genetic diversity, including the adaptive 
capacity attributes that may allow for fishers to adapt to changes in 
either their physical (e.g., climate or habitat conditions) or 
biological (e.g., pathogens or predators) environments.
    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to the NCSO DPS of fisher. We evaluated all relevant factors under the 
five listing factors, including any regulatory mechanisms and 
conservation measures addressing these threats. The primary threats 
affecting the DPS's biological status include ongoing habitat changes 
from climate conditions (i.e., increasing temperature and changing 
precipitation patterns, including reduced snowfall accumulation), 
increased severity and frequency of wildfires, and vegetation 
management (Factor A). We analyzed these threats, conservation measures 
addressing these threats, and the individual and cumulative effects of 
all other potential threats in this assessment. Additional threats to 
fishers that could play a role in cumulative or synergistic effects are 
impacts to forest health (droughts, forest insects, and tree disease 
(Factor A)), toxicants (including anticoagulant rodenticides (Factor 
E)), development (including vehicle collisions (Factors A and E)), and 
predation (Factor C). The SSA report also describes impacts from 
disease, trapping, and overutilization due to research activity; 
however, we determined that these threats are likely to have only low-
level impacts to the DPS.
    We found that the NCSO DPS of fisher is not in danger of extinction 
currently, nor in the near-term, throughout all or a significant 
portion of its range. We found that the abundance and distribution of 
the species, as well as important habitat needs that include 
connectivity between core areas, are adequate to maintain genetic 
diversity. There have been several approaches to estimate fisher 
population size across the DPS, and collectively, we estimate the DPS 
consists of an estimated 2,500-4,000 fishers, which includes 
approximately 78 fishers in the small SOC subpopulation and 
approximately 180 fishers in the NSN subpopulation. The best available 
information at this time suggests that abundance of fishers across the 
DPS is overall stable as evidenced by continued observations throughout 
the native NCSO/NSN analysis area over time. Additional fisher 
observations in some new areas not previously detected have also been 
reported (albeit some low recruitment rates evident in only two small 
study areas not suitable for extrapolating across the expansive range). 
We also project insignificant changes will occur to forest cover type 
in the near-term future (2010-2039) (see Figure 20 in the SSA report, 
Service 2025b, p. 95). Thus, the amount and configuration of suitable 
habitat is expected to remain relatively stable and is likely to 
continue providing resource needs for each fisher life stage.
    Of the various negative influences on fishers within the NCSO DPS, 
the presence of anticoagulant rodenticides (AR) within select areas has 
been an ongoing concern given the prevalence of illegal cannabis 
cultivation operations that use poisons to kill rodents that damage 
their crops. The best available information appears reliable to 
conclude an overall insignificant effect on the native NCSO/NSN 
populations as a whole given the amount of rodenticide exposure found 
for individuals testing positive to toxicants, currently or projected 
for the future. Fisher occupancy across the NCSO DPS has, on the whole, 
remained largely stable over time despite the level of AR exposure in 
the living population of fishers. To some degree, the fisher's 
widespread distribution and relative commonness within the analysis 
area diffuses the potential for a significant percentage of the 
population to be exposed to these toxicants. Additionally, the best 
available information suggests that the exposure prevalence of ARs is 
likely biased high and not reliably extrapolated to the living 
population for both current or future condition projections.
    Although various factors are influencing fishers and their habitat 
within the three analysis units, the best available information 
suggests that the species' response to the negative influences is not 
manifesting at a level such that the NCSO DPS of fishers meet the 
definition of an endangered species. Fishers in the NCSO DPS 
demonstrate a moderate ability to adapt to changing conditions such as 
shifts in forest composition and prey availability, ability to persist 
in fire-prone landscapes, and tolerance of landscape changes from 
silviculture. Many attributes of fishers, including their distribution 
across multiple ecosystems, dispersal distance, physiological 
tolerances, and a generalist life history as an opportunistic predator, 
are positively correlated with adaptive capacity.
    After we determined the NCSO DPS of fisher is not in danger of 
extinction in the foreseeable future throughout all of its range, we 
then evaluated whether the DPS may be in danger of extinction in the 
foreseeable future in a significant portion of its range by examining 
the combined native NCSO/NSN analysis unit and the SOC analysis unit.
    For the combined native NCSO/NSN analysis unit, some core areas 
could possibly be lost in the future from wildfire effects (i.e., some 
small core areas within the native subpopulation and possibly the core 
area within the NSN subpopulation). If that scenario occurred, it could 
reduce connectivity within this analysis unit. However, there is 
adequate representation across the combined native NCSO/NSN analysis 
unit that is anticipated to continue into the future (given likelihood 
of persistence of multiple other core areas and suitable habitat). 
Fisher distribution across the native NCSO/NSN analysis unit includes a 
wide variety of ecological subregions, forest zones, and topography 
across a large geographic area that is likely to provide refugia areas 
for the species into the future. Also, the western extent of the native 
subpopulation is projected to be more moist (i.e., more resistant to 
large, high-severity wildfires) in the future, and is therefore likely 
to provide refugia for fisher as temperatures continue to increase and 
precipitation patterns potentially change, thus contributing to drought 
conditions in some years.
    Fisher abundance and suitable habitat in the combined native NCSO/
NSN analysis unit is likely to decrease in the future given ongoing 
threats, including increasing temperatures and changing

[[Page 41358]]

precipitation patterns that influence drought, degrading forest health 
(e.g., due to droughts, forest insects, tree disease), and wildfires, 
all of which can negatively affect the fisher's prey availability, 
reduce connectivity between core areas, and limit necessary habitat 
structures for fisher. However, the best available information suggests 
that pockets of suitable habitat will continue to persist between core 
areas even as connectivity diminishes in fire prone areas, thus likely 
resulting in enough connectivity and gene flow between the large core 
areas to allow maintenance of demographic viability and genetic 
diversity despite some loss of suitable habitat and some potential 
decrease in habitat connectivity.
    In the native NCSO/NSN analysis unit, wildfire is a significant 
threat to fishers. Most core areas (8 of 14; 57 percent) exhibit a low 
to moderate risk for large, high-severity fire, and only one (the NSN 
subpopulation area; 7 percent) exhibits a high risk for large, high 
severity fire into the future. The increase in frequency, extent, and 
severity of wildfire within the native NCSO/NSN analysis area is 
expected to lead to more frequent displacement of fishers and 
increasing impacts to habitat suitability and connectivity, which in 
turn would reduce fishers' ability to withstand stochastic and 
catastrophic events and to adapt to future environmental change. 
Regardless of these increasing impacts, fuel reduction has been shown 
to effectively moderate fire behavior by reducing fire severity. This 
is an important consideration given that fishers appear to tolerate or 
favor some level of fuel reduction treatments in their home ranges, and 
fishers (so far within the Southern Sierras but it is reasonable to 
assume this could occur elsewhere, including within the NCSO DPS) have 
shown they continue to occupy landscapes disturbed by management 
activities, particularly those areas where fuels reduction activities 
have benefited fisher habitat. Together, fuel reduction and forest 
regeneration have already helped, and will continue to help, buffer 
some of the worst impacts of an intensifying fire regime in the future. 
Overall, while primary threats (predominantly wildfire) and other less 
significant threats are influencing fishers to varying degrees within 
the native NCSO/NSN analysis unit, they are not of a magnitude to 
increase the risk of extinction to the point where the species is 
likely to become in danger of extinction within the foreseeable future.
    We also evaluated whether a portion of the range--the SOC analysis 
area--may be likely to become an endangered species in the foreseeable 
future (i.e., threatened). The SOC analysis unit portion of the range 
contains a much smaller population within a small geographic area that 
is also experiencing range contraction, and thus, it may be in danger 
of extinction within the foreseeable future. For this portion of the 
range where the species may be threatened, we first addressed whether 
it is ``significant.'' For the purposes of this analysis when 
considering whether a portion is ``significant,'' we considered factors 
such as size of the portion, habitat characteristics, and its 
conservation value for the species. The SOC analysis unit contains a 
significantly smaller population (estimated to be approximately 78 
individuals (Moriarty 2024, in litt., p. 3) and 1 core area) compared 
to the combined native NCSO/NSN analysis unit, and it comprises only 
10.3 percent (2 million ac (809,371 ha)) of the entire DPS.
    The distribution of the population in the SOC could shift outside 
of the SOC over time if wildfires affect the single core area. However, 
it is unlikely that wildfire will cause fisher to shift outside of the 
SOC because approximately 10 percent of the core area is at risk for 
high-severity fire (Service 2025b, table 9, p. 112). Population trends 
for the SOC analysis unit are also unknown. Further, fishers in this 
population are isolated from the native NCSO subpopulation as a result 
of a significant barrier to movement (i.e., the subpopulation is 
isolated from the remainder of the DPS due to the Interstate 5 
corridor). Finally, previous research has documented a 26 percent 
reduction of the SOC analysis unit compared to its 2016 overestimated 
historical distribution boundary (Service 2025b, pp. 20-24; Barry 2018, 
p. 22). For these reasons, the SOC analysis unit is at a greater risk 
of extinction in the foreseeable future than the remainder of the DPS.
    The SOC analysis unit is a small geographic area that has always 
been comprised of a small number of fishers, and those fishers 
descended from reintroduced individuals from British Columbia and 
Minnesota (Service 2025b, pp. 4, 22); thus, the fishers within the SOC 
analysis unit do not contain the unique genetic characteristics of 
native fishers to this region nor meaningfully contribute to the gene 
pool of the remainder of this DPS. The overall population size has 
remained relatively small over time with no expectation that these 
fishers are likely to contribute meaningfully to the viability of the 
DPS as a whole. Additionally, the SOC analysis unit provides no unique 
or especially important habitat for the NCSO DPS of fisher that is not 
found in the rest of the range. Therefore, the native fisher range is 
not dependent upon the SOC gene pool for viability due to the SOC's 
size and genetic diversity, and the entire area does not provide unique 
or especially important habitat for the NCSO DPS that is not found in 
the rest of the range.
    As a result of our finding that the SOC analysis unit is not 
``significant,'' we do not need to determine whether fishers are likely 
to become in danger of extinction within the foreseeable future 
throughout this portion of the range. Therefore, there are no portions 
of the species' range that provide a basis for determining that the 
species is likely to become in danger of extinction within the 
foreseeable future throughout a significant portion of its range.
    After assessing the best available information, we concluded that 
the NCSO DPS of fisher is not in danger of extinction now or likely to 
become in danger of extinction within the foreseeable future throughout 
all of its range nor in any significant portion of its range. 
Therefore, we find that listing the NCSO DPS of fisher as an endangered 
species or threatened species under the Act is not warranted. A 
detailed discussion of the basis for this finding can be found in the 
NCSO DPS of fisher species assessment form and other supporting 
documents on <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R1-ES-
2023-0123 (see ADDRESSES, above).

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), and our August 22, 
2016, memorandum updating and clarifying the role of peer review in 
listing actions under the Act, we solicited independent scientific 
reviews of the information contained in the SSA report for the NCSO DPS 
of fisher. We sent the SSA report to seven independent peer reviewers 
and received four responses. Results of this structured peer review 
process can be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. 
FWS-R1-ES-2023-0123. We incorporated the results of these reviews, as 
appropriate, into the SSA report, which is the foundation for this 
finding.

New Information

    We request that you submit any new information concerning the 
taxonomy of, biology of, ecology of, status of, or stressors to the 
NCSO DPS of fisher, as specified under FOR FURTHER INFORMATION CONTACT, 
whenever it

[[Page 41359]]

becomes available. New information will help us monitor these species 
and make appropriate decisions about their conservation and status. We 
encourage local agencies and stakeholders to continue cooperative 
monitoring and conservation efforts.

References

    A complete list of the references used in this petition finding is 
available in the species assessment form, which is available on the 
internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R1-ES-
2023-0123 (see ADDRESSES, above) and upon request from the appropriate 
person (see FOR FURTHER INFORMATION CONTACT, above).

Authority

    The authority for this action is section 4 of the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

Brian Nesvik,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2025-16209 Filed 8-22-25; 8:45 am]
BILLING CODE 4333-15-P


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