80_FR_19328 80 FR 19259 - Endangered and Threatened Wildlife and Plants; 90-Day Findings on 10 Petitions

80 FR 19259 - Endangered and Threatened Wildlife and Plants; 90-Day Findings on 10 Petitions

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 69 (April 10, 2015)

Page Range19259-19263
FR Document2015-07837

We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on various petitions to list eight species, reclassify one species, and delist one species under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that these 10 petitions present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, with the publication of this document, we are initiating a review of the status of each of these species to determine if the petitioned actions are warranted. The status reviews for two species, the golden conure (which appears in the List of Endangered and Threatened Wildlife as the golden parakeet) and the northern spotted owl, will also serve as 5-year reviews for those species. To ensure that these status reviews are comprehensive, we are requesting scientific and commercial data and other information regarding these species. Based on the status reviews, we will issue 12-month findings on the petitions, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

Federal Register, Volume 80 Issue 69 (Friday, April 10, 2015)
[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Proposed Rules]
[Pages 19259-19263]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07837]



[[Page 19259]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket Nos. FWS-R8-ES-2015-0017, FWS-HQ-ES-2015-0018, FWS-HQ-ES-2015-
0019, FWS-HQ-ES-2015-0020, FWS-R8-ES-2015-0021, FWS-R1-ES-2014-0061, 
FWS-R8-ES-2015-0022, FWS-R8-ES-2015-0023, FWS-R8-ES-2015-0024, FWS-R7-
ES-2015-0025;4500030115]


Endangered and Threatened Wildlife and Plants; 90-Day Findings on 
10 Petitions

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition findings and initiation of status reviews.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on various petitions to list eight species, reclassify one 
species, and delist one species under the Endangered Species Act of 
1973, as amended (Act). Based on our review, we find that these 10 
petitions present substantial scientific or commercial information 
indicating that the petitioned actions may be warranted. Therefore, 
with the publication of this document, we are initiating a review of 
the status of each of these species to determine if the petitioned 
actions are warranted. The status reviews for two species, the golden 
conure (which appears in the List of Endangered and Threatened Wildlife 
as the golden parakeet) and the northern spotted owl, will also serve 
as 5-year reviews for those species. To ensure that these status 
reviews are comprehensive, we are requesting scientific and commercial 
data and other information regarding these species. Based on the status 
reviews, we will issue 12-month findings on the petitions, which will 
address whether the petitioned action is warranted, as provided in 
section 4(b)(3)(B) of the Act.

DATES: To allow us adequate time to conduct the status reviews, we 
request that we receive information on or before June 9, 2015. 
Information 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 information on species for which a status 
review is being initiated by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter the appropriate docket 
number (see table below). Then click the Search button. You may submit 
information by clicking on ``Comment Now!'' If your information will 
fit in the provided comment box, please use this feature of http://www.regulations.gov, 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 or hand-delivery to: Public 
Comments Processing, Attn: [Insert appropriate docket number; see table 
below]; U.S. Fish and Wildlife Service, MS: BPHC, 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 received on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Request for Information 
section, below, for more details).

------------------------------------------------------------------------
                  Species                            Docket No.
------------------------------------------------------------------------
Clear Lake hitch..........................  FWS-R8-ES-2015-0017
Egyptian tortoise.........................  FWS-HQ-ES-2015-0018
Golden conure.............................  FWS-HQ-ES-2015-0019
Long-tailed chinchilla....................  FWS-HQ-ES-2015-0020
Mojave shoulderband snail.................  FWS-R8-ES-2015-0021
Northern spotted owl......................  FWS-R1-ES-2014-0061
Relict dace...............................  FWS-R8-ES-2015-0022
San Joaquin Valley giant flower-loving fly  FWS-R8-ES-2015-0023
Western pond turtle.......................  FWS-R8-ES-2015-0024
Yellow-cedar..............................  FWS-R7-ES-2015-0025
------------------------------------------------------------------------


FOR FURTHER INFORMATION CONTACT: 

------------------------------------------------------------------------
              Species                        Contact information
------------------------------------------------------------------------
Clear Lake hitch..................  Jennifer Norris, telephone (916)-414-
                                     6600.
Egyptian tortoise.................  Janine Van Norman, telephone (703)
                                     358-2171.
Golden conure.....................  Janine Van Norman, telephone (703)
                                     358-2171.
Long-tailed chinchilla............  Janine Van Norman, telephone (703)
                                     358-2171.
Mojave shoulderband snail.........  Mendel Stewart, telephone (760) 431-
                                     9440.
Northern spotted owl..............  Paul Henson, telephone (503) 231-
                                     6179.
Relict dace.......................  Edward D. Koch, telephone (775) 861-
                                     6300.
San Joaquin Valley giant flower-    Jennifer Norris, telephone (916) 414-
 loving fly.                         6600.
Western pond turtle...............  Jennifer Norris, telephone (916) 414-
                                     6600.
Yellow-cedar......................  Steve Brockmann, telephone (907) 780-
                                     1181.
------------------------------------------------------------------------

    If you use a telecommunications device for the deaf (TDD), please 
call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Request for Information

    When we make a finding that a petition presents substantial 
information indicating that listing, reclassification, or delisting a 
species may be warranted, we are required to promptly review the status 
of the species (status review). For the status review to be complete 
and based on the best available scientific and commercial information, 
we request information on these species from governmental agencies, 
Native American Tribes, the scientific community, industry, and any 
other interested parties. We seek information on:
    (1) The species' biology, range, and population trends, including:
    (a) Habitat requirements;
    (b) Genetics and taxonomy;
    (c) Historical and current range, including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, its 
habitat, or both.
    (2) The factors that are the basis for making a listing, 
reclassification, or delisting determination for a species under 
section 4(a)(1) of the Act (16 U.S.C. 1531 et seq.), which 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); or
    (e) Other natural or manmade factors affecting its continued 
existence (Factor E).
    (3) The potential effects of climate change on the species and its 
habitat.
    (4) For the northern spotted owl, we specifically request 
information on:
    (a) Evidence that any of the factors identified under Factor A are 
having

[[Page 19260]]

population-level effects on the northern spotted owl, either singularly 
or in combination;
    (b) Evidence that the West Nile virus or predation by barred owls 
have caused population-level impacts on northern spotted owls;
    (c) Identification of shortcoming in existing regulations that are 
having population-level effects on the northern spotted owl;
    (d) Evidence that competition with barred owls is having 
population-level effects on the northern spotted owl; and
    (e) Evidence that global climate change is having population-level 
effects on the northern spotted owl.
    (5) For those domestic (U.S.) species that are not listed, if, 
after the status review, we determine that listing is warranted, we 
will propose critical habitat (see definition in section 3(5)(A) of the 
Act) under section 4 of the Act for those species that fall within the 
jurisdiction of the United States, to the maximum extent prudent and 
determinable at the time we propose to list the species. Therefore, we 
also specifically request data and information for Clear Lake hitch, 
Mojave shoulderband snail, relict dace, San Joaquin Valley giant 
flower-loving fly, western pond turtle, and yellow-cedar on:
    (a) What may constitute ``physical or biological features essential 
to the conservation of the species,'' within the geographical range 
occupied by the species;
    (b) Where these features are currently found;
    (c) Whether any of these features may require special management 
considerations or protection;
    (d) Specific areas outside the geographical area occupied by the 
species that are ``essential for the conservation of the species''; and
    (e) What, if any, critical habitat you think we should propose for 
designation if the species is proposed for listing, and why such 
habitat meets the requirements of section 4 of the Act.
    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.
    Submissions merely stating support for or opposition to the actions 
under consideration without providing supporting information, although 
noted, will not be considered in making a determination. Section 
4(b)(1)(A) of the Act directs that determinations as to whether any 
species is an endangered or threatened species must be made ``solely on 
the basis of the best scientific and commercial data available.''
    You may submit your information concerning these status reviews by 
one of the methods listed in the ADDRESSES section. If you submit 
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the 
Web site. If you submit a hardcopy that includes personal identifying 
information, you may request at the top of your document that we 
withhold this personal identifying information from public review. 
However, we cannot guarantee that we will be able to do so. We will 
post all hardcopy submissions on http://www.regulations.gov.
    Information and supporting documentation that we received and used 
in preparing this finding will be available for you to review at http://www.regulations.gov, or you may make an appointment during normal 
business hours at the appropriate lead U.S. Fish and Wildlife Service 
Field Office (see FOR FURTHER INFORMATION CONTACT).

Background

    Section 4(b)(3)(A) of the Act requires that we make a finding on 
whether a petition to list, delist, or 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 our notice of the finding promptly in the Federal 
Register.
    Our standard for substantial scientific or commercial information 
within the Code of Federal Regulations (CFR) with regard to a 90-day 
petition finding is ``that amount of information that would lead a 
reasonable person to believe that the measure proposed in the petition 
may be warranted'' (50 CFR 424.14(b)). If we find that substantial 
scientific or commercial information was presented, we are required to 
promptly commence a review of the status of the species, which we will 
subsequently summarize in our 12-month finding.
    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations at 50 CFR 424 set forth the procedures for adding a species 
to, or removing a species from, the Federal Lists of Endangered and 
Threatened Wildlife and Plants. A species may be determined to be an 
endangered or threatened species due to one or more of the five factors 
described in section 4(a)(1) of the Act (see (2) under Request For 
Information, above).
    We may delist a species according to 50 CFR 424.11(d) if the best 
available scientific and commercial data indicate that the species is 
neither an endangered nor threatened species for one or more of the 
following reasons:
    (1) The species is extinct;
    (2) The species has recovered and is no longer an endangered or 
threatened species; or
    (3) The original scientific or commercial data used at the time the 
species was classified, or the interpretation of such data, were in 
error.
    In considering what factors might constitute threats, we must look 
beyond the exposure of the species to a factor to evaluate whether the 
species may respond to the factor in a way that causes actual impacts 
to the species. If there is exposure to a factor and the species 
responds negatively, the factor may be a threat, and, during the 
subsequent status review, we attempt to determine how significant a 
threat it is. The threat is significant if it drives, or contributes 
to, the risk of extinction of the species such that the species may 
warrant listing as an ``endangered species'' or a ``threatened 
species,'' as those terms are defined in the Act. However, the 
identification of factors that could affect a species negatively may 
not be sufficient for us to find that the information in the petition 
and our files is substantial. The information must include evidence 
sufficient to suggest that these factors may be operative threats that 
act on the species to the point that the species may meet the 
definition of an ``endangered species'' or ``threatened species'' under 
the Act.

Evaluation of a Petition To List the Clear Lake Hitch as an Endangered 
or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R8-ES-2015-0017 under the Supporting Documents section.

Species and Range

    Clear Lake hitch (Lavinia exilicauda chi); California

Petition History

    On January 13, 2013, the California Department of Fish and Wildlife 
drafted a recommendation to the California Fish and Game Commission to 
list the Clear Lake hitch as threatened species under the California 
Endangered Species Act. On September 25, 2014, we received a petition 
dated September 25, 2014, from the Center for Biological Diversity, 
requesting that Clear Lake hitch be listed as a endangered or 
threatened species under the Act. The petition clearly identified 
itself as such and

[[Page 19261]]

included the requisite identification information for the petitioner, 
required at 50 CFR 424.14(a). This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for the Clear Lake hitch (Lavinia exilicauda chi) based on 
Factors A, B, C, and E.
    Thus, for the Clear Lake hitch, the Service requests information on 
the five listing factors under section 4(a)(1) of the Act, including 
the factors identified in this finding (see Request for Information, 
above).

Evaluation of a Petition To List the Egyptian Tortoise as an Endangered 
or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2015-0018 under the Supporting Documents section.

Species and Range

    Egyptian tortoise (Testudo kleinmanni); Egypt, Libya, Israel

Petition History

    On June 9, 2014, we received a petition dated May 2014, from 
Friends of Animals, requesting that the Egyptian tortoise be listed as 
an endangered or 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(a). In a 
letter to the petitioner, we responded that we reviewed the information 
presented in the petition and did not find that the species warranted 
emergency listing. This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for the Egyptian tortoise (Testudo kleinmanni) based on 
Factors A, B, C, D, and E.
    Thus, for the Egyptian tortoise, the Service requests information 
on the five listing factors under section 4(a)(1) of the Act (see 
Request for Information, above).

Evaluation of a Petition To Delist the Golden Conure Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2015-0019 under the Supporting Documents section.

Species and Range

    Golden conure (Guaruba guarouba or Aratinga guarouba); Brazil. 
(Note: The species is listed as ``golden parakeet'' (Aratinga guarouba) 
in the List of Endangered and Threatened Wildlife at 50 CFR 17.11(h). 
However, we refer to the species by the common name ``golden conure'' 
in this document.)

Petition History

    On August 21, 2014, we received a petition dated August 20, 2014, 
from the American Federation of Aviculture, Inc., requesting that the 
golden conure be removed from the Federal List of Endangered and 
Threatened Wildlife (i.e., ``delisted'') pursuant to the Act. The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(a). This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for the golden conure (Guaruba guarouba or Aratinga guarouba) 
based on new population estimates and Fnew information relating to 
actors A, B, and D.
    Thus, for the golden conure, the Service requests information on 
the five listing factors under section 4(a)(1) of the Act, including 
the factors identified in this finding (see Request for Information, 
above).

Evaluation of a Petition To List the Long-Tailed Chinchilla as an 
Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2015-0020 under the Supporting Documents section.

Species and Range

    Long-tailed chinchilla (Chinchilla lanigera); Chile

Petition History

    On October 14, 2014, we received a petition dated October 7, 2014, 
from Friends of Animals, requesting that the long-tailed chinchilla be 
listed as a endangered or 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(a). In a November 17, 2014, letter to the petitioner, we 
responded that we reviewed the information presented in the petition 
and did not find that the species warranted emergency listing. This 
finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for the long-tailed chinchilla (Chinchilla lanigera) based on 
Factors A, B, D, and E.
    Thus, for the long-tailed chinchilla, the Service requests 
information on the five listing factors under section 4(a)(1) of the 
Act, including the factors identified in this finding (see Request for 
Information, above).

Evaluation of a Petition To List Mojave Shoulderband Snail as an 
Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R8-ES-2015-0021 under the Supporting Documents section.

Species and Range

    Mohave shoulderband snail (Helminthoglypta (coyote) greggi); 
California

Petition History

    On January 31, 2014, we received a petition dated January 31, 2014, 
from the Center for Biological Diversity, requesting that Mohave 
shoulderband snail be listed as a endangered or 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(a). In an April 4, 2014, letter to the 
petitioner, we responded that we reviewed the information presented in 
the petition and did not find that the species warranted emergency 
listing. This finding addresses the petition.

[[Page 19262]]

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for the Mohave shoulderband snail (Helminthoglypta (coyote) 
greggi)) based on Factors A, C, and E.
    Thus, for the Mojave shoulderband snail, the Service requests 
information on the five listing factors under section 4(a)(1) of the 
Act, including the factors identified in this finding (see Request for 
Information, above).

Evaluation of a Petition To Reclassify the Northern Spotted Owl as an 
Endangered Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R1-ES-2014-0061 under the Supporting Documents section.

Species and Range

    Northern spotted owl (Strix occidentalis caurina); California, 
Oregon, and Washington, U.S.A.; British Columbia, Canada.

Petition History

    On August 21, 2012, we received a petition dated August 15, 2012, 
from Environmental Protection Information Center, requesting that the 
northern spotted owl (Strix occidentalis caurina) be listed as an 
endangered species under the Act. We published a final rule to list the 
northern spotted owl as a threatened species under the Act on June 26, 
1990 (55 FR 28114); the effective date of that rule was July 23, 1990. 
The petition clearly identified itself as such and included the 
requisite identification information for the petitioner, as required by 
50 CFR 424.14(a). In a September 27, 2012, letter to the petitioner, we 
responded that we reviewed the information presented in the petition 
and did not find that the species warranted emergency uplisting. We 
also issued a letter to the petitioner on April 17, 2014, informing 
them of our anticipated timeline for publication of the 90-day and 12-
month findings. This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial information 
that the petitioned action may be warranted for the northern spotted 
owl (Strix occidentalis caurina) based on Factors A, C, D, and E.
    Thus, for the northern spotted owl, the Service requests 
information on the five listing factors under section 4(a)(1) of the 
Act, including the factors identified in this finding (see Request for 
Information, above).

Evaluation of a Petition To List the Relict Dace as an Endangered or 
Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R8-ES-2015-0022 under the Supporting Documents section.

Species and Range

    Relict dace (Relictus solitarius); Nevada

Petition History

    On June 27, 2014, we received a petition dated June 27, 2014, from 
Forest Service Employees for Environmental Ethics, requesting that 
relict dace be listed as an endangered species under the Act on an 
emergency basis. The petition clearly identified itself as such and 
included the requisite identification information for the petitioner, 
required at 50 CFR 424.14(a). In an August 25, 2014, letter to the 
petitioner, we responded that we reviewed the information presented in 
the petition and did not find that the species warranted emergency 
listing. This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for the relict dace (Relictus solitarius) based on Factors A, 
D, and E.
    Thus, for the relict dace, the Service requests information on the 
five listing factors under section 4(a)(1) of the Act, including the 
factors identified in this finding (see Request for Information, 
above).

Evaluation of a Petition To List the San Joaquin Valley Giant Flower-
Loving Fly as an Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R8-ES-2015-0023 under the Supporting Documents section.

Species and Range

    San Joaquin Valley giant flower-loving fly (Rhaphiomidas 
trochilus); California.

Petition History

    On June 26, 2014, we received a petition dated June 26, 2014, from 
Gregory R. Ballmer and Kendall H. Osborne, requesting that San Joaquin 
Valley giant flower-loving fly be listed as 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(a). In a September 12, 2014, letter to the petitioner, 
we responded that we reviewed the information presented in the petition 
and did not find that the species warranted emergency listing. This 
finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for the San Joaquin Valley giant flower-loving fly 
(Rhaphiomidas trochilus) based on Factors A and E.
    Thus, for the San Joaquin Valley giant flower-loving fly, the 
Service requests information on the five listing factors under section 
4(a)(1) of the Act, including the factors identified in this finding 
(see Request for Information, above).

Evaluation of a Petition To List the Western Pond Turtle as an 
Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R8-ES-2015-0024 under the Supporting Documents section.

Species and Range

    Western pond turtle or Pacific pond turtle (Actinemys marmorata; 
formerly Clemmys marmorata); California and Washington

Petition History

    On July 11, 2012, we were petitioned by the Center for Biological 
Diversity to list 53 amphibian and reptile species across the United 
States. The western pond turtle was one of the species petitioned for 
listing.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents

[[Page 19263]]

substantial scientific or commercial information indicating that the 
petitioned action may be warranted for the western pond turtle 
(Actinemys marmorata) based on Factor A.
    Thus, for the western pond turtle, the Service requests information 
on the five listing factors under section 4(a)(1) of the Act, including 
the factor identified in this finding (see Request for Information, 
above).

Evaluation of a Petition To List Yellow-cedar as an Endangered or 
Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R7-ES-2015-0025 under the Supporting Documents section.

Species and Range

    YellowYellow-cedar (Callitropsis nootkatensis); Alaska, California, 
Oregon, Washington, U.S.A.; Canada

Petition History

    On June 24, 2014, we received a petition dated June 24, 2014, from 
Center for Biological Diversity, The Boat Company, Greater Southeast 
Alaska Conservation Community, and Greenpeace, requesting that yellow-
cedar be listed as a endangered or threatenedspecies 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(a). This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for yellow-cedar (Callitropsis nootkatensis) based on Factors 
A, B, and E.
    Thus, for yellow-cedar, the Service requests information on the 
five listing factors under section 4(a)(1) of the Act, including the 
factors identified in this finding (see Request for Information, 
above).

Conclusion

    On the basis of our evaluation of the information presented under 
section 4(b)(3)(A) of the Act, we have determined that the petitions 
summarized above for Clear Lake hitch, Egyptian tortoise, golden 
conure, long-tailed chinchilla, Mojave shoulderband snail, northern 
spotted owl, relict dace, San Joaquin Valley giant flower-loving fly, 
western pond turtle, and yellow-cedar present substantial scientific or 
commercial information indicating that the requested actions may be 
warranted. Because we have found that the petitions present substantial 
information indicating that the petitioned actions may be warranted, we 
are initiating status reviews to determine whether these actions under 
the Act are warranted. At the conclusion of the status reviews, we will 
issue a 12-month finding in accordance with section 4(b)(3)(B) of the 
Act, as to whether or not the Service believes listing, 
reclassification, or delisting, as appropriate, is warranted.
    It is important to note that the ``substantial information'' 
standard for a 90-day finding as to whether the petitioned action may 
be warranted differs from the Act's ``best scientific and commercial 
data'' standard that applies to the Service's determination in a 12-
month finding as to whether a petitioned action is in fact warranted. A 
90-day finding is not based on a status review. In a 12-month finding, 
we will determine whether a petitioned action is warranted after we 
have completed a thorough status review of the species, which is 
conducted following a substantial 90-day finding. Because the Act's 
standards for 90-day and 12-month findings are different, as described 
above, a substantial 90-day finding does not mean that the 12-month 
finding will result in a warranted finding.

5-Year Review

    The status reviews of golden conure and northern spotted owl will 
also serve as the 5-year reviews for thesetheses species. Section 
4(c)(2)(A) of the Act requires that we conduct a review of listed 
species at least once every 5 years. Our regulations at 50 CFR 424.21 
require that we publish a notice in the Federal Register announcing 
those species under active review. For additional information about 5-
year reviews, go to http://www.fws.gov/endangered/what-we-do/recovery-overview.html, scroll down to ``Learn More about 5-Year Reviews,'' and 
click on our factsheet.

References Cited

    A complete list of references cited is available on the Internet at 
http://www.regulations.gov and upon request from the appropriate lead 
field offices (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this document are the staff members of the 
Branch of Foreign Species, 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.).

    Dated: March 30, 2015.
Robert Dreher,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2015-07837 Filed 4-9-15; 8:45 am]
BILLING CODE 4310-55-P



                                                                            Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Proposed Rules                                                   19259

                                                  DEPARTMENT OF THE INTERIOR                              button. You may submit information by                        Species             Contact information
                                                                                                          clicking on ‘‘Comment Now!’’ If your
                                                  Fish and Wildlife Service                               information will fit in the provided                      San Joaquin        Jennifer Norris, telephone
                                                                                                          comment box, please use this feature of                     Valley giant       (916) 414–6600.
                                                  50 CFR Part 17                                          http://www.regulations.gov, as it is most                   flower-loving
                                                                                                          compatible with our information review                      fly.
                                                  [Docket Nos. FWS–R8–ES–2015–0017,                                                                                 Western pond       Jennifer Norris, telephone
                                                  FWS–HQ–ES–2015–0018, FWS–HQ–ES–                         procedures. If you attach your                              turtle.            (916) 414–6600.
                                                  2015–0019, FWS–HQ–ES–2015–0020, FWS–                    information as a separate document, our                   Yellow-cedar ...   Steve Brockmann, tele-
                                                  R8–ES–2015–0021, FWS–R1–ES–2014–                        preferred file format is Microsoft Word.                                       phone (907) 780–1181.
                                                  0061, FWS–R8–ES–2015–0022, FWS–R8–                      If you attach multiple comments (such
                                                  ES–2015–0023, FWS–R8–ES–2015–0024,                      as form letters), our preferred format is                   If you use a telecommunications
                                                  FWS–R7–ES–2015–0025;4500030115]                         a spreadsheet in Microsoft Excel.                         device for the deaf (TDD), please call the
                                                  Endangered and Threatened Wildlife                         (2) By hard copy: Submit by U.S. mail                  Federal Information Relay Service
                                                  and Plants; 90-Day Findings on 10                       or hand-delivery to: Public Comments                      (FIRS) at 800–877–8339.
                                                  Petitions                                               Processing, Attn: [Insert appropriate                     SUPPLEMENTARY INFORMATION:
                                                                                                          docket number; see table below]; U.S.
                                                  AGENCY:   Fish and Wildlife Service,                                                                              Request for Information
                                                                                                          Fish and Wildlife Service, MS: BPHC,
                                                  Interior.                                               5275 Leesburg Pike; Falls Church, VA                         When we make a finding that a
                                                  ACTION: Notice of petition findings and                 22041–3803.                                               petition presents substantial
                                                  initiation of status reviews.                              We request that you send information                   information indicating that listing,
                                                                                                          only by the methods described above.                      reclassification, or delisting a species
                                                  SUMMARY:    We, the U.S. Fish and                                                                                 may be warranted, we are required to
                                                  Wildlife Service (Service), announce 90-                We will post all information received on
                                                                                                          http://www.regulations.gov. This                          promptly review the status of the
                                                  day findings on various petitions to list                                                                         species (status review). For the status
                                                  eight species, reclassify one species, and              generally means that we will post any
                                                                                                          personal information you provide us                       review to be complete and based on the
                                                  delist one species under the Endangered                                                                           best available scientific and commercial
                                                  Species Act of 1973, as amended (Act).                  (see the Request for Information section,
                                                                                                          below, for more details).                                 information, we request information on
                                                  Based on our review, we find that these                                                                           these species from governmental
                                                  10 petitions present substantial                                                                                  agencies, Native American Tribes, the
                                                  scientific or commercial information                            Species                       Docket No.
                                                                                                                                                                    scientific community, industry, and any
                                                  indicating that the petitioned actions                  Clear Lake hitch ........       FWS–R8–ES–2015–           other interested parties. We seek
                                                  may be warranted. Therefore, with the                                                    0017                     information on:
                                                  publication of this document, we are                    Egyptian tortoise .......       FWS–HQ–ES–2015–              (1) The species’ biology, range, and
                                                  initiating a review of the status of each                                                0018                     population trends, including:
                                                  of these species to determine if the                    Golden conure ..........        FWS–HQ–ES–2015–              (a) Habitat requirements;
                                                  petitioned actions are warranted. The                                                    0019
                                                                                                                                                                       (b) Genetics and taxonomy;
                                                  status reviews for two species, the                     Long-tailed chinchilla          FWS–HQ–ES–2015–
                                                                                                                                           0020
                                                                                                                                                                       (c) Historical and current range,
                                                  golden conure (which appears in the                                                                               including distribution patterns;
                                                  List of Endangered and Threatened                       Mojave shoulderband             FWS–R8–ES–2015–
                                                                                                            snail.                         0021                        (d) Historical and current population
                                                  Wildlife as the golden parakeet) and the                Northern spotted owl            FWS–R1–ES–2014–           levels, and current and projected trends;
                                                  northern spotted owl, will also serve as                                                 0061                     and
                                                  5-year reviews for those species. To                    Relict dace ................    FWS–R8–ES–2015–              (e) Past and ongoing conservation
                                                  ensure that these status reviews are                                                     0022                     measures for the species, its habitat, or
                                                  comprehensive, we are requesting                        San Joaquin Valley              FWS–R8–ES–2015–           both.
                                                  scientific and commercial data and                        giant flower-loving            0023                        (2) The factors that are the basis for
                                                  other information regarding these                         fly.
                                                                                                                                                                    making a listing, reclassification, or
                                                  species. Based on the status reviews, we                Western pond turtle ..          FWS–R8–ES–2015–
                                                                                                                                           0024                     delisting determination for a species
                                                  will issue 12-month findings on the                                                                               under section 4(a)(1) of the Act (16
                                                                                                          Yellow-cedar .............      FWS–R7–ES–2015–
                                                  petitions, which will address whether                                                                             U.S.C. 1531 et seq.), which are:
                                                                                                                                           0025
                                                  the petitioned action is warranted, as                                                                               (a) The present or threatened
                                                  provided in section 4(b)(3)(B) of the Act.                                                                        destruction, modification, or
                                                  DATES: To allow us adequate time to                     FOR FURTHER INFORMATION CONTACT:                          curtailment of its habitat or range
                                                  conduct the status reviews, we request                                                                            (Factor A);
                                                  that we receive information on or before                      Species                  Contact information
                                                                                                                                                                       (b) Overutilization for commercial,
                                                  June 9, 2015. Information submitted                     Clear Lake            Jennifer Norris, telephone          recreational, scientific, or educational
                                                  electronically using the Federal                          hitch.                (916)-414–6600.                   purposes (Factor B);
                                                  eRulemaking Portal (see ADDRESSES,                      Egyptian tor-         Janine Van Norman, tele-               (c) Disease or predation (Factor C);
                                                  below) must be received by 11:59 p.m.                     toise.                phone (703) 358–2171.                (d) The inadequacy of existing
                                                  Eastern Time on the closing date.                       Golden conure         Janine Van Norman, tele-            regulatory mechanisms (Factor D); or
                                                  ADDRESSES: You may submit                                                       phone (703) 358–2171.                (e) Other natural or manmade factors
rljohnson on DSK3VPTVN1PROD with PROPOSALS




                                                  information on species for which a                      Long-tailed           Janine Van Norman, tele-            affecting its continued existence (Factor
                                                                                                            chinchilla.           phone (703) 358–2171.             E).
                                                  status review is being initiated by one
                                                                                                          Mojave                Mendel Stewart, telephone
                                                  of the following methods:                                                                                            (3) The potential effects of climate
                                                                                                            shoulderband          (760) 431–9440.
                                                    (1) Electronically: Go to the Federal                   snail.                                                  change on the species and its habitat.
                                                  eRulemaking Portal: http://                             Northern spot-        Paul Henson, telephone                 (4) For the northern spotted owl, we
                                                  www.regulations.gov. In the Search box,                   ted owl.              (503) 231–6179.                   specifically request information on:
                                                  enter the appropriate docket number                     Relict dace ......    Edward D. Koch, telephone              (a) Evidence that any of the factors
                                                  (see table below). Then click the Search                                        (775) 861–6300.                   identified under Factor A are having


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                                                  19260                     Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Proposed Rules

                                                  population-level effects on the northern                  You may submit your information                      endangered nor threatened species for
                                                  spotted owl, either singularly or in                    concerning these status reviews by one                 one or more of the following reasons:
                                                  combination;                                            of the methods listed in the ADDRESSES                    (1) The species is extinct;
                                                     (b) Evidence that the West Nile virus                section. If you submit information via                    (2) The species has recovered and is
                                                  or predation by barred owls have caused                 http://www.regulations.gov, your entire                no longer an endangered or threatened
                                                  population-level impacts on northern                    submission—including any personal                      species; or
                                                  spotted owls;                                           identifying information—will be posted                    (3) The original scientific or
                                                     (c) Identification of shortcoming in                 on the Web site. If you submit a                       commercial data used at the time the
                                                  existing regulations that are having                    hardcopy that includes personal                        species was classified, or the
                                                  population-level effects on the northern                identifying information, you may                       interpretation of such data, were in
                                                  spotted owl;                                            request at the top of your document that               error.
                                                     (d) Evidence that competition with                   we withhold this personal identifying                     In considering what factors might
                                                  barred owls is having population-level                  information from public review.                        constitute threats, we must look beyond
                                                  effects on the northern spotted owl; and                However, we cannot guarantee that we                   the exposure of the species to a factor
                                                     (e) Evidence that global climate                     will be able to do so. We will post all                to evaluate whether the species may
                                                  change is having population-level                       hardcopy submissions on http://                        respond to the factor in a way that
                                                  effects on the northern spotted owl.                    www.regulations.gov.                                   causes actual impacts to the species. If
                                                     (5) For those domestic (U.S.) species                  Information and supporting                           there is exposure to a factor and the
                                                  that are not listed, if, after the status               documentation that we received and                     species responds negatively, the factor
                                                  review, we determine that listing is                    used in preparing this finding will be                 may be a threat, and, during the
                                                  warranted, we will propose critical                     available for you to review at http://                 subsequent status review, we attempt to
                                                  habitat (see definition in section 3(5)(A)              www.regulations.gov, or you may make                   determine how significant a threat it is.
                                                  of the Act) under section 4 of the Act                  an appointment during normal business                  The threat is significant if it drives, or
                                                  for those species that fall within the                  hours at the appropriate lead U.S. Fish                contributes to, the risk of extinction of
                                                  jurisdiction of the United States, to the               and Wildlife Service Field Office (see                 the species such that the species may
                                                  maximum extent prudent and                              FOR FURTHER INFORMATION CONTACT).                      warrant listing as an ‘‘endangered
                                                  determinable at the time we propose to                                                                         species’’ or a ‘‘threatened species,’’ as
                                                                                                          Background
                                                  list the species. Therefore, we also                                                                           those terms are defined in the Act.
                                                  specifically request data and                              Section 4(b)(3)(A) of the Act requires              However, the identification of factors
                                                  information for Clear Lake hitch, Mojave                that we make a finding on whether a                    that could affect a species negatively
                                                  shoulderband snail, relict dace, San                    petition to list, delist, or reclassify a              may not be sufficient for us to find that
                                                  Joaquin Valley giant flower-loving fly,                 species presents substantial scientific or             the information in the petition and our
                                                  western pond turtle, and yellow-cedar                   commercial information indicating that                 files is substantial. The information
                                                  on:                                                     the petitioned action may be warranted.                must include evidence sufficient to
                                                     (a) What may constitute ‘‘physical or                To the maximum extent practicable, we                  suggest that these factors may be
                                                  biological features essential to the                    are to make this finding within 90 days                operative threats that act on the species
                                                  conservation of the species,’’ within the               of our receipt of the petition and                     to the point that the species may meet
                                                  geographical range occupied by the                      publish our notice of the finding                      the definition of an ‘‘endangered
                                                  species;                                                promptly in the Federal Register.                      species’’ or ‘‘threatened species’’ under
                                                     (b) Where these features are currently                  Our standard for substantial scientific             the Act.
                                                  found;                                                  or commercial information within the
                                                     (c) Whether any of these features may                Code of Federal Regulations (CFR) with                 Evaluation of a Petition To List the
                                                  require special management                              regard to a 90-day petition finding is                 Clear Lake Hitch as an Endangered or
                                                  considerations or protection;                           ‘‘that amount of information that would                Threatened Species Under the Act
                                                     (d) Specific areas outside the                       lead a reasonable person to believe that                 Additional information regarding our
                                                  geographical area occupied by the                       the measure proposed in the petition                   review of this petition can be found as
                                                  species that are ‘‘essential for the                    may be warranted’’ (50 CFR 424.14(b)).                 an appendix at http://
                                                  conservation of the species’’; and                      If we find that substantial scientific or              www.regulations.gov under Docket No.
                                                     (e) What, if any, critical habitat you               commercial information was presented,                  FWS–R8–ES–2015–0017 under the
                                                  think we should propose for designation                 we are required to promptly commence                   Supporting Documents section.
                                                  if the species is proposed for listing, and             a review of the status of the species,
                                                  why such habitat meets the                              which we will subsequently summarize                   Species and Range
                                                  requirements of section 4 of the Act.                   in our 12-month finding.                                 Clear Lake hitch (Lavinia exilicauda
                                                     Please include sufficient information                   Section 4 of the Act (16 U.S.C. 1533)               chi); California
                                                  with your submission (such as scientific                and its implementing regulations at 50
                                                  journal articles or other publications) to              CFR 424 set forth the procedures for                   Petition History
                                                  allow us to verify any scientific or                    adding a species to, or removing a                        On January 13, 2013, the California
                                                  commercial information you include.                     species from, the Federal Lists of                     Department of Fish and Wildlife drafted
                                                     Submissions merely stating support                   Endangered and Threatened Wildlife                     a recommendation to the California Fish
                                                  for or opposition to the actions under                  and Plants. A species may be                           and Game Commission to list the Clear
                                                  consideration without providing                         determined to be an endangered or                      Lake hitch as threatened species under
rljohnson on DSK3VPTVN1PROD with PROPOSALS




                                                  supporting information, although noted,                 threatened species due to one or more                  the California Endangered Species Act.
                                                  will not be considered in making a                      of the five factors described in section               On September 25, 2014, we received a
                                                  determination. Section 4(b)(1)(A) of the                4(a)(1) of the Act (see (2) under Request              petition dated September 25, 2014, from
                                                  Act directs that determinations as to                   For Information, above).                               the Center for Biological Diversity,
                                                  whether any species is an endangered or                    We may delist a species according to                requesting that Clear Lake hitch be
                                                  threatened species must be made                         50 CFR 424.11(d) if the best available                 listed as a endangered or threatened
                                                  ‘‘solely on the basis of the best scientific            scientific and commercial data indicate                species under the Act. The petition
                                                  and commercial data available.’’                        that the species is neither an                         clearly identified itself as such and


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                                                                            Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Proposed Rules                                            19261

                                                  included the requisite identification                   Evaluation of a Petition To Delist the                 Petition History
                                                  information for the petitioner, required                Golden Conure Under the Act
                                                  at 50 CFR 424.14(a). This finding                                                                                 On October 14, 2014, we received a
                                                  addresses the petition.                                   Additional information regarding our                 petition dated October 7, 2014, from
                                                                                                          review of this petition can be found as                Friends of Animals, requesting that the
                                                  Finding                                                 an appendix at http://                                 long-tailed chinchilla be listed as a
                                                                                                          www.regulations.gov under Docket No.                   endangered or threatened species under
                                                     Based on our review of the petition                  FWS–HQ–ES–2015–0019 under the                          the Act. The petition clearly identified
                                                  and sources cited in the petition, we                   Supporting Documents section.                          itself as such and included the requisite
                                                  find that the petition presents                                                                                identification information for the
                                                  substantial scientific or commercial                    Species and Range
                                                                                                                                                                 petitioner, required at 50 CFR 424.14(a).
                                                  information indicating that the                                                                                In a November 17, 2014, letter to the
                                                  petitioned action may be warranted for                     Golden conure (Guaruba guarouba or
                                                                                                          Aratinga guarouba); Brazil. (Note: The                 petitioner, we responded that we
                                                  the Clear Lake hitch (Lavinia exilicauda                                                                       reviewed the information presented in
                                                  chi) based on Factors A, B, C, and E.                   species is listed as ‘‘golden parakeet’’
                                                                                                          (Aratinga guarouba) in the List of                     the petition and did not find that the
                                                     Thus, for the Clear Lake hitch, the                  Endangered and Threatened Wildlife at                  species warranted emergency listing.
                                                  Service requests information on the five                50 CFR 17.11(h). However, we refer to                  This finding addresses the petition.
                                                  listing factors under section 4(a)(1) of                the species by the common name
                                                  the Act, including the factors identified                                                                      Finding
                                                                                                          ‘‘golden conure’’ in this document.)
                                                  in this finding (see Request for                                                                                  Based on our review of the petition
                                                  Information, above).                                    Petition History
                                                                                                                                                                 and sources cited in the petition, we
                                                  Evaluation of a Petition To List the                       On August 21, 2014, we received a                   find that the petition presents
                                                  Egyptian Tortoise as an Endangered or                   petition dated August 20, 2014, from the               substantial scientific or commercial
                                                  Threatened Species Under the Act                        American Federation of Aviculture, Inc.,               information indicating that the
                                                                                                          requesting that the golden conure be                   petitioned action may be warranted for
                                                    Additional information regarding our                  removed from the Federal List of                       the long-tailed chinchilla (Chinchilla
                                                  review of this petition can be found as                 Endangered and Threatened Wildlife                     lanigera) based on Factors A, B, D, and
                                                  an appendix at http://                                  (i.e., ‘‘delisted’’) pursuant to the Act.              E.
                                                  www.regulations.gov under Docket No.                    The petition clearly identified itself as                 Thus, for the long-tailed chinchilla,
                                                  FWS–HQ–ES–2015–0018 under the                           such and included the requisite                        the Service requests information on the
                                                  Supporting Documents section.                           identification information for the                     five listing factors under section 4(a)(1)
                                                  Species and Range                                       petitioner, required at 50 CFR 424.14(a).              of the Act, including the factors
                                                                                                          This finding addresses the petition.                   identified in this finding (see Request
                                                    Egyptian tortoise (Testudo                            Finding                                                for Information, above).
                                                  kleinmanni); Egypt, Libya, Israel
                                                                                                                                                                 Evaluation of a Petition To List Mojave
                                                  Petition History                                           Based on our review of the petition
                                                                                                                                                                 Shoulderband Snail as an Endangered
                                                                                                          and sources cited in the petition, we
                                                                                                                                                                 or Threatened Species Under the Act
                                                     On June 9, 2014, we received a                       find that the petition presents
                                                  petition dated May 2014, from Friends                   substantial scientific or commercial                     Additional information regarding our
                                                  of Animals, requesting that the Egyptian                information indicating that the                        review of this petition can be found as
                                                  tortoise be listed as an endangered or                  petitioned action may be warranted for                 an appendix at http://
                                                  threatened species under the Act. The                   the golden conure (Guaruba guarouba                    www.regulations.gov under Docket No.
                                                  petition clearly identified itself as such              or Aratinga guarouba) based on new                     FWS–R8–ES–2015–0021 under the
                                                  and included the requisite identification               population estimates and Fnew                          Supporting Documents section.
                                                  information for the petitioner, required                information relating to actors A, B, and
                                                  at 50 CFR 424.14(a). In a letter to the                 D.                                                     Species and Range
                                                  petitioner, we responded that we                           Thus, for the golden conure, the                      Mohave shoulderband snail
                                                  reviewed the information presented in                   Service requests information on the five               (Helminthoglypta (coyote) greggi);
                                                  the petition and did not find that the                  listing factors under section 4(a)(1) of               California
                                                  species warranted emergency listing.                    the Act, including the factors identified
                                                  This finding addresses the petition.                    in this finding (see Request for                       Petition History
                                                  Finding                                                 Information, above).
                                                                                                                                                                    On January 31, 2014, we received a
                                                                                                          Evaluation of a Petition To List the                   petition dated January 31, 2014, from
                                                     Based on our review of the petition                  Long-Tailed Chinchilla as an                           the Center for Biological Diversity,
                                                  and sources cited in the petition, we                   Endangered or Threatened Species                       requesting that Mohave shoulderband
                                                  find that the petition presents                         Under the Act                                          snail be listed as a endangered or
                                                  substantial scientific or commercial                                                                           threatened species under the Act. The
                                                  information indicating that the                           Additional information regarding our                 petition clearly identified itself as such
                                                  petitioned action may be warranted for                  review of this petition can be found as                and included the requisite identification
rljohnson on DSK3VPTVN1PROD with PROPOSALS




                                                  the Egyptian tortoise (Testudo                          an appendix at http://                                 information for the petitioner, required
                                                  kleinmanni) based on Factors A, B, C, D,                www.regulations.gov under Docket No.                   at 50 CFR 424.14(a). In an April 4, 2014,
                                                  and E.                                                  FWS–HQ–ES–2015–0020 under the                          letter to the petitioner, we responded
                                                     Thus, for the Egyptian tortoise, the                 Supporting Documents section.                          that we reviewed the information
                                                  Service requests information on the five                Species and Range                                      presented in the petition and did not
                                                  listing factors under section 4(a)(1) of                                                                       find that the species warranted
                                                  the Act (see Request for Information,                     Long-tailed chinchilla (Chinchilla                   emergency listing. This finding
                                                  above).                                                 lanigera); Chile                                       addresses the petition.


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                                                  19262                     Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Proposed Rules

                                                  Finding                                                 occidentalis caurina) based on Factors                 Species and Range
                                                     Based on our review of the petition                  A, C, D, and E.                                          San Joaquin Valley giant flower-
                                                  and sources cited in the petition, we                      Thus, for the northern spotted owl,                 loving fly (Rhaphiomidas trochilus);
                                                  find that the petition presents                         the Service requests information on the                California.
                                                  substantial scientific or commercial                    five listing factors under section 4(a)(1)
                                                                                                          of the Act, including the factors                      Petition History
                                                  information indicating that the
                                                  petitioned action may be warranted for                  identified in this finding (see Request                  On June 26, 2014, we received a
                                                  the Mohave shoulderband snail                           for Information, above).                               petition dated June 26, 2014, from
                                                  (Helminthoglypta (coyote) greggi)) based                                                                       Gregory R. Ballmer and Kendall H.
                                                                                                          Evaluation of a Petition To List the                   Osborne, requesting that San Joaquin
                                                  on Factors A, C, and E.                                 Relict Dace as an Endangered or
                                                     Thus, for the Mojave shoulderband                                                                           Valley giant flower-loving fly be listed
                                                                                                          Threatened Species Under the Act                       as an endangered species under the Act.
                                                  snail, the Service requests information
                                                  on the five listing factors under section                 Additional information regarding our                 The petition clearly identified itself as
                                                  4(a)(1) of the Act, including the factors               review of this petition can be found as                such and included the requisite
                                                  identified in this finding (see Request                 an appendix at http://                                 identification information for the
                                                  for Information, above).                                www.regulations.gov under Docket No.                   petitioner, required at 50 CFR 424.14(a).
                                                                                                          FWS–R8–ES–2015–0022 under the                          In a September 12, 2014, letter to the
                                                  Evaluation of a Petition To Reclassify                  Supporting Documents section.                          petitioner, we responded that we
                                                  the Northern Spotted Owl as an                                                                                 reviewed the information presented in
                                                  Endangered Species Under the Act                        Species and Range                                      the petition and did not find that the
                                                    Additional information regarding our                   Relict dace (Relictus solitarius);                    species warranted emergency listing.
                                                  review of this petition can be found as                 Nevada                                                 This finding addresses the petition.
                                                  an appendix at http://                                                                                         Finding
                                                  www.regulations.gov under Docket No.                    Petition History
                                                                                                                                                                    Based on our review of the petition
                                                  FWS–R1–ES–2014–0061 under the                              On June 27, 2014, we received a                     and sources cited in the petition, we
                                                  Supporting Documents section.                           petition dated June 27, 2014, from                     find that the petition presents
                                                  Species and Range                                       Forest Service Employees for                           substantial scientific or commercial
                                                                                                          Environmental Ethics, requesting that                  information indicating that the
                                                    Northern spotted owl (Strix                           relict dace be listed as an endangered
                                                  occidentalis caurina); California,                                                                             petitioned action may be warranted for
                                                                                                          species under the Act on an emergency                  the San Joaquin Valley giant flower-
                                                  Oregon, and Washington, U.S.A.; British                 basis. The petition clearly identified
                                                  Columbia, Canada.                                                                                              loving fly (Rhaphiomidas trochilus)
                                                                                                          itself as such and included the requisite              based on Factors A and E.
                                                  Petition History                                        identification information for the                        Thus, for the San Joaquin Valley giant
                                                                                                          petitioner, required at 50 CFR 424.14(a).              flower-loving fly, the Service requests
                                                     On August 21, 2012, we received a                    In an August 25, 2014, letter to the
                                                  petition dated August 15, 2012, from                                                                           information on the five listing factors
                                                                                                          petitioner, we responded that we                       under section 4(a)(1) of the Act,
                                                  Environmental Protection Information                    reviewed the information presented in
                                                  Center, requesting that the northern                                                                           including the factors identified in this
                                                                                                          the petition and did not find that the                 finding (see Request for Information,
                                                  spotted owl (Strix occidentalis caurina)                species warranted emergency listing.
                                                  be listed as an endangered species                                                                             above).
                                                                                                          This finding addresses the petition.
                                                  under the Act. We published a final rule                                                                       Evaluation of a Petition To List the
                                                  to list the northern spotted owl as a                   Finding                                                Western Pond Turtle as an Endangered
                                                  threatened species under the Act on                                                                            or Threatened Species Under the Act
                                                                                                             Based on our review of the petition
                                                  June 26, 1990 (55 FR 28114); the                                                                                 Additional information regarding our
                                                                                                          and sources cited in the petition, we
                                                  effective date of that rule was July 23,                                                                       review of this petition can be found as
                                                                                                          find that the petition presents
                                                  1990. The petition clearly identified                                                                          an appendix at http://
                                                                                                          substantial scientific or commercial
                                                  itself as such and included the requisite                                                                      www.regulations.gov under Docket No.
                                                                                                          information indicating that the
                                                  identification information for the                                                                             FWS–R8–ES–2015–0024 under the
                                                                                                          petitioned action may be warranted for
                                                  petitioner, as required by 50 CFR                                                                              Supporting Documents section.
                                                                                                          the relict dace (Relictus solitarius) based
                                                  424.14(a). In a September 27, 2012,
                                                                                                          on Factors A, D, and E.                                Species and Range
                                                  letter to the petitioner, we responded
                                                  that we reviewed the information                           Thus, for the relict dace, the Service
                                                                                                                                                                   Western pond turtle or Pacific pond
                                                  presented in the petition and did not                   requests information on the five listing
                                                                                                                                                                 turtle (Actinemys marmorata; formerly
                                                  find that the species warranted                         factors under section 4(a)(1) of the Act,
                                                                                                                                                                 Clemmys marmorata); California and
                                                  emergency uplisting. We also issued a                   including the factors identified in this
                                                                                                                                                                 Washington
                                                  letter to the petitioner on April 17, 2014,             finding (see Request for Information,
                                                  informing them of our anticipated                       above).                                                Petition History
                                                  timeline for publication of the 90-day                  Evaluation of a Petition To List the San                  On July 11, 2012, we were petitioned
                                                  and 12-month findings. This finding                     Joaquin Valley Giant Flower-Loving Fly                 by the Center for Biological Diversity to
                                                  addresses the petition.                                 as an Endangered or Threatened                         list 53 amphibian and reptile species
rljohnson on DSK3VPTVN1PROD with PROPOSALS




                                                  Finding                                                 Species Under the Act                                  across the United States. The western
                                                                                                                                                                 pond turtle was one of the species
                                                     Based on our review of the petition                    Additional information regarding our                 petitioned for listing.
                                                  and sources cited in the petition, we                   review of this petition can be found as
                                                  find that the petition presents                         an appendix at http://                                 Finding
                                                  substantial information that the                        www.regulations.gov under Docket No.                      Based on our review of the petition
                                                  petitioned action may be warranted for                  FWS–R8–ES–2015–0023 under the                          and sources cited in the petition, we
                                                  the northern spotted owl (Strix                         Supporting Documents section.                          find that the petition presents


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                                                                            Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Proposed Rules                                                 19263

                                                  substantial scientific or commercial                    cedar present substantial scientific or                Authority
                                                  information indicating that the                         commercial information indicating that                   The authority for these actions is the
                                                  petitioned action may be warranted for                  the requested actions may be warranted.                Endangered Species Act of 1973, as
                                                  the western pond turtle (Actinemys                      Because we have found that the                         amended (16 U.S.C. 1531 et seq.).
                                                  marmorata) based on Factor A.                           petitions present substantial
                                                     Thus, for the western pond turtle, the               information indicating that the                          Dated: March 30, 2015.
                                                  Service requests information on the five                petitioned actions may be warranted, we                Robert Dreher,
                                                  listing factors under section 4(a)(1) of                are initiating status reviews to                       Acting Director, U.S. Fish and Wildlife
                                                  the Act, including the factor identified                determine whether these actions under                  Service.
                                                  in this finding (see Request for                        the Act are warranted. At the conclusion               [FR Doc. 2015–07837 Filed 4–9–15; 8:45 am]
                                                  Information, above).                                    of the status reviews, we will issue a 12-             BILLING CODE 4310–55–P
                                                                                                          month finding in accordance with
                                                  Evaluation of a Petition To List Yellow-                section 4(b)(3)(B) of the Act, as to
                                                  cedar as an Endangered or Threatened                    whether or not the Service believes                    DEPARTMENT OF THE INTERIOR
                                                  Species Under the Act                                   listing, reclassification, or delisting, as
                                                    Additional information regarding our                                                                         Fish and Wildlife Service
                                                                                                          appropriate, is warranted.
                                                  review of this petition can be found as                    It is important to note that the
                                                  an appendix at http://                                  ‘‘substantial information’’ standard for a             50 CFR Part 17
                                                  www.regulations.gov under Docket No.                    90-day finding as to whether the                       [Docket No. FWS–R6–ES–2015–0013;
                                                  FWS–R7–ES–2015–0025 under the                           petitioned action may be warranted                     FXES11130900000C6–145–FF09E42000]
                                                  Supporting Documents section.                           differs from the Act’s ‘‘best scientific               RIN 1018–BA42
                                                                                                          and commercial data’’ standard that
                                                  Species and Range
                                                                                                          applies to the Service’s determination in              Endangered and Threatened Wildlife
                                                    YellowYellow-cedar (Callitropsis                      a 12-month finding as to whether a                     and Plants; Establishment of a
                                                  nootkatensis); Alaska, California,                      petitioned action is in fact warranted. A              Nonessential Experimental Population
                                                  Oregon, Washington, U.S.A.; Canada                      90-day finding is not based on a status                of Black-Footed Ferrets in Wyoming
                                                  Petition History                                        review. In a 12-month finding, we will
                                                                                                          determine whether a petitioned action is               AGENCY:   Fish and Wildlife Service,
                                                     On June 24, 2014, we received a                      warranted after we have completed a                    Interior.
                                                  petition dated June 24, 2014, from                      thorough status review of the species,                 ACTION: Proposed rule; notice of
                                                  Center for Biological Diversity, The Boat               which is conducted following a                         availability.
                                                  Company, Greater Southeast Alaska                       substantial 90-day finding. Because the
                                                  Conservation Community, and                                                                                    SUMMARY:   We, the U.S. Fish and
                                                                                                          Act’s standards for 90-day and 12-                     Wildlife Service (Service), in
                                                  Greenpeace, requesting that yellow-                     month findings are different, as
                                                  cedar be listed as a endangered or                                                                             coordination with the State of Wyoming
                                                                                                          described above, a substantial 90-day                  and other partners, propose to
                                                  threatenedspecies under the Act. The                    finding does not mean that the 12-
                                                  petition clearly identified itself as such                                                                     reestablish additional populations of the
                                                                                                          month finding will result in a warranted               black-footed ferret (Mustela nigripes), a
                                                  and included the requisite identification               finding.
                                                  information for the petitioner, required                                                                       federally listed endangered mammal,
                                                  at 50 CFR 424.14(a). This finding                       5-Year Review                                          into occupied prairie dog (Cynomys
                                                  addresses the petition.                                    The status reviews of golden conure                 spp.) habitat in Wyoming. We propose
                                                                                                          and northern spotted owl will also serve               to reestablish the black-footed ferret
                                                  Finding                                                                                                        under section 10(j) of the Endangered
                                                                                                          as the 5-year reviews for thesetheses
                                                     Based on our review of the petition                  species. Section 4(c)(2)(A) of the Act                 Species Act of 1973, as amended (Act),
                                                  and sources cited in the petition, we                   requires that we conduct a review of                   and to classify any reestablished
                                                  find that the petition presents                         listed species at least once every 5 years.            population as a nonessential
                                                  substantial scientific or commercial                    Our regulations at 50 CFR 424.21                       experimental population (NEP). This
                                                  information indicating that the                         require that we publish a notice in the                approach would provide relaxed
                                                  petitioned action may be warranted for                  Federal Register announcing those                      management rules to facilitate
                                                  yellow-cedar (Callitropsis nootkatensis)                species under active review. For                       reintroductions. We are seeking
                                                  based on Factors A, B, and E.                           additional information about 5-year                    comments on this proposal and on our
                                                     Thus, for yellow-cedar, the Service                  reviews, go to http://www.fws.gov/                     draft environmental assessment,
                                                  requests information on the five listing                endangered/what-we-do/recovery-                        prepared pursuant to the National
                                                  factors under section 4(a)(1) of the Act,               overview.html, scroll down to ‘‘Learn                  Environmental Policy Act of 1969, as
                                                  including the factors identified in this                More about 5-Year Reviews,’’ and click                 amended (NEPA), which analyzes the
                                                  finding (see Request for Information,                   on our factsheet.                                      potential environmental impacts
                                                  above).                                                                                                        associated with the proposed
                                                                                                          References Cited                                       reintroduction.
                                                  Conclusion                                                                                                       We are also notifying the public that
                                                                                                            A complete list of references cited is
                                                     On the basis of our evaluation of the                available on the Internet at http://                   we are amending the List of Endangered
                                                  information presented under section                     www.regulations.gov and upon request                   and Threatened Wildlife (List) to reflect
rljohnson on DSK3VPTVN1PROD with PROPOSALS




                                                  4(b)(3)(A) of the Act, we have                          from the appropriate lead field offices                the scientifically accepted historical
                                                  determined that the petitions                           (see FOR FURTHER INFORMATION CONTACT).                 range of the black-footed ferret. The
                                                  summarized above for Clear Lake hitch,                                                                         revised historical range description
                                                  Egyptian tortoise, golden conure, long-                 Authors                                                includes Mexico. The historical range
                                                  tailed chinchilla, Mojave shoulderband                    The primary authors of this document                 information in the List is informational,
                                                  snail, northern spotted owl, relict dace,               are the staff members of the Branch of                 not regulatory.
                                                  San Joaquin Valley giant flower-loving                  Foreign Species, Ecological Services                   DATES: We will accept comments
                                                  fly, western pond turtle, and yellow-                   Program, U.S. Fish and Wildlife Service.               received or postmarked on or before


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Document Created: 2018-02-21 10:08:13
Document Modified: 2018-02-21 10:08:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of petition findings and initiation of status reviews.
DatesTo allow us adequate time to conduct the status reviews, we request that we receive information on or before June 9, 2015. Information submitted electronically using the Federal eRulemaking
ContactSpecies Contact information
FR Citation80 FR 19259 

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