81 FR 14058 - Endangered and Threatened Wildlife and Plants; 90-Day Findings on 29 Petitions

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range14058-14072
FR Document2016-05699

We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on various petitions to list, reclassify, or delist fish, wildlife, or plants under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that 13 petitions do not present substantial scientific or commercial information indicating that the petitioned actions may be warranted, and we are not initiating status reviews in response to these petitions. We refer to these as ``not-substantial'' petition findings. We also find that 16 petitions present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, with the publication of this document, we announce that we plan to initiate a review of the status of these species to determine if the petitioned actions are warranted. 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 81 Issue 51 (Wednesday, March 16, 2016)
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Proposed Rules]
[Pages 14058-14072]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05699]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[4500030115]


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

AGENCY: Fish and Wildlife Service, Interior.

[[Page 14059]]


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, reclassify, or delist fish, 
wildlife, or plants under the Endangered Species Act of 1973, as 
amended (Act). Based on our review, we find that 13 petitions do not 
present substantial scientific or commercial information indicating 
that the petitioned actions may be warranted, and we are not initiating 
status reviews in response to these petitions. We refer to these as 
``not-substantial'' petition findings. We also find that 16 petitions 
present substantial scientific or commercial information indicating 
that the petitioned actions may be warranted. Therefore, with the 
publication of this document, we announce that we plan to initiate a 
review of the status of these species to determine if the petitioned 
actions are warranted. 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: When we conduct status reviews, we will consider all information 
that we have received. To ensure that we will have adequate time to 
consider submitted information during the status reviews, we request 
that we receive information no later than May 16, 2016. For information 
submitted electronically using the Federal eRulemaking Portal (see 
ADDRESSES, below), this would mean submitting the information 
electronically by 11:59 p.m. Eastern Time on that date.

ADDRESSES: Not-substantial petition findings: The not-substantial 
petition findings announced in this document are available on http://www.regulations.gov under the appropriate docket number (see Table 1 in 
SUPPLEMENTARY INFORMATION), or on the Service's Web site at http://ecos.fws.gov. Supporting information in preparing these findings is 
available for public inspection, by appointment, during normal business 
hours by contacting the appropriate person, as specified under Table 3 
in SUPPLEMENTARY INFORMATION. If you have new information concerning 
the status of, or threats to, any of these species or their habitats, 
please submit that information to the person listed under Table 3 in 
SUPPLEMENTARY INFORMATION.
    Status reviews: 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 2 in SUPPLEMENTARY INFORMATION). 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 
2 in SUPPLEMENTARY INFORMATION]; 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 Request for Information for 
Status Reviews for more information).

FOR FURTHER INFORMATION CONTACT: See Table 3 in SUPPLEMENTARY 
INFORMATION for specific people to contact for each species.

SUPPLEMENTARY INFORMATION:

Not Substantial Findings

    The not-substantial petition findings announced in this document 
are listed in Table 1 below, and are available on http://www.regulations.gov under the appropriate docket number, or on the 
Service's Web site at http://ecos.fws.gov.

                Table 1--List of Not-Substantial Findings
------------------------------------------------------------------------
                                                      URL to docket in
          Common name               Docket No.        Regulations.gov
------------------------------------------------------------------------
Acuna cactus--delist..........  FWS-R2-ES-2016-00  http://
                                 25.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0025.
Arizona night lizard..........  FWS-R2-ES-2015-00  http://
                                 75.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2015-0075.
Arizona wetsalts tiger beetle.  FWS-R2-ES-2016-00  http://
                                 27.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0027.
Bezy's night lizard...........  FWS-R2-ES-2015-00  http://
                                 76.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2015-0076.
Cheoah Bald salamander........  FWS-R4-ES-2015-00  http://
                                 81.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R4-ES-2015-0081.
Cow Knob salamander...........  FWS-R5-ES-2015-00  http://
                                 84.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R5-ES-2015-0084.
MacDougal's yellowtops........  FWS-R2-ES-2016-00  http://
                                 33.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0033.
Monito skink..................  FWS-R4-ES-2016-00  http://
                                 34.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R4-ES-2016-0034.
Navasota ladies-tresses--       FWS-R2-ES-2016-00  http://
 delist.                         35.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0035.
Patagonia eyed silkmoth.......  FWS-R2-ES-2016-00  http://
                                 36.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0036.
Reticulate collared lizard....  FWS-R2-ES-2015-01  http://
                                 09.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R4-ES-2015-0109.
South Mountain gray-cheeked     FWS-R4-ES-2015-01  http://
 salamander.                     17.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R4-ES-2015-0117.
Southern dusky salamander.....  FWS-R4-ES-2016-00  http://
                                 38.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R4-ES-2016-0038.
------------------------------------------------------------------------


[[Page 14060]]

Substantial Findings

List of Substantial Findings

    The list of substantial findings is given below in Table 2.

Table 2--List of Substantial Findings for Which a Status Review Is Being
                               Initiated.
------------------------------------------------------------------------
                                                      URL to docket in
          Common name               Docket No.        Regulations.gov
------------------------------------------------------------------------
African elephant--reclassify..  FWS-HQ-ES-2016-00  http://
                                 10.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0010.
American burying beetle--       FWS-R2-ES-2016-00  http://
 delist.                         11.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0011.
Chinese pangolin..............  FWS-HQ-ES-2016-00  http://
                                 12.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0012.
Deseret milkvetch--delist.....  FWS-R6-ES-2016-00  http://
                                 13.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R6-ES-2016-0013.
Giant ground pangolin.........  FWS-HQ-ES-2016-00  http://
                                 14.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0014.
Indian pangolin...............  FWS-HQ-ES-2016-00  http://
                                 15.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0015.
Leoncita false-foxglove.......  FWS-R2-ES-2016-00  http://
                                 16.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0016.
Long-tailed pangolin..........  FWS-HQ-ES-2016-00  http://
                                 17.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0017.
Philippine pangolin...........  FWS-HQ-ES-2016-00  http://
                                 18.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0018.
Rio Grande chub...............  FWS-R2-ES-2016-00  http://
                                 19.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0019.
Rio Grande sucker.............  FWS-R2-ES-2016-00  http://
                                 20.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0020.
Southwestern willow             FWS-R2-ES-2016-00  http://
 flycatcher--delist.             39.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0039.
Sunda pangolin................  FWS-HQ-ES-2016-00  http://
                                 21.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0021.
Tree pangolin.................  FWS-HQ-ES-2016-00  http://
                                 22.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0022.
Western bumble bee............  FWS-R6-ES-2016-00  http://
                                 23.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R6-ES-2016-0023.
Yellow-banded bumble bee......  FWS-R5-ES-2016-00  http://
                                 24.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R5-ES-2016-0024.
------------------------------------------------------------------------

Request for Information for Status Reviews

    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 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; 
and
    (d) Historical and current population levels, and current and 
projected trends.
    (2) The five factors that are the basis for making a listing, 
reclassification, or delisting determination for a species under 
section 4(a) of the Act (16 U.S.C. 1531 et seq.), including past and 
ongoing conservation measures that could decrease the extent to which 
one or more of the factors affect the species, its habitat, or both. 
The five factors are:
    (a) The present or threatened destruction, modification, or 
curtailment of its habitat or range (Factor A);
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes (Factor B);
    (c) Disease or predation (Factor C);
    (d) The inadequacy of existing regulatory mechanisms (Factor D); 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, and the extent to which it affects the habitat or range of the 
species.
    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) for domestic (U.S.) species under section 4 of the 
Act, to the maximum extent prudent and determinable at the time we 
propose to list the species. Therefore, we also request data and 
information for the species listed in Table 2 (to be submitted as 
provided for in the ADDRESSES section) on:
    (1) What may constitute ``physical or biological features essential 
to the conservation of the species,'' within the geographical range 
occupied by the species;
    (2) Where these features are currently found;
    (3) Whether any of these features may require special management 
considerations or protection;
    (4) Specific areas outside the geographical area occupied by the 
species that are ``essential for the conservation of the species''; and
    (5) What, if any, critical habitat you think we should propose for 
designation if the species is proposed for listing, and why such 
habitat falls within the definition of ``critical habitat'' at section 
3(5) 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.

Contacts

    Contact information is provided below in Table 3 for both 
substantial and not-substantial findings.

[[Page 14061]]



                                                Table 3--Contacts
----------------------------------------------------------------------------------------------------------------
                                     Common name                                            Contact person
----------------------------------------------------------------------------------------------------------------
Acuna cactus........................................................................  Brady McGee, 505-248-6657;
                                                                                       [email protected].
African elephant....................................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
American burying beetle.............................................................  Brady McGee, 505-248-6657;
                                                                                       [email protected].
Arizona night lizard................................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Arizona wetsalts tiger beetle.......................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Bezy's night lizard.................................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Cheoah Bald salamander..............................................................  Sue Cameron, 828-258-3939;
                                                                                       [email protected].
Chinese pangolin....................................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
Cow Knob salamander.................................................................  Krishna Gifford, 413-253-
                                                                                       8619;
                                                                                       [email protected].
Deseret milkvetch...................................................................  Larry Crist, 801-975-3330
                                                                                       x126;
                                                                                       [email protected].
Giant ground pangolin...............................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
Indian pangolin.....................................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
Leoncita false-foxglove.............................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Long-tailed pangolin................................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
MacDougal's yellowtops..............................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Monito skink........................................................................  Andreas Moshogianis, 404-
                                                                                       679-7119;
                                                                                       [email protected].
Navasota ladies-tresses.............................................................  Brady McGee, 505-248-6657;
                                                                                       [email protected].
Patagonia eyed silkmoth.............................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Philippine pangolin.................................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
Reticulate collared lizard..........................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Rio Grande chub.....................................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Rio Grande sucker...................................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
South Mountain gray-cheeked salamander..............................................  Sue Cameron, 828-258-3939;
                                                                                       [email protected].
Southern dusky salamander...........................................................  Andreas Moshogianis, 404-
                                                                                       679-7119;
                                                                                       [email protected].
Southwestern willow flycatcher......................................................  Brady McGee, 505-248-6657;
                                                                                       [email protected].
Sunda pangolin......................................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
Tree pangolin.......................................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
Western bumble bee..................................................................  Mark Sattelberg, 307-772-
                                                                                       2374;
                                                                                       [email protected].
Yellow-banded bumble bee............................................................  Krishna Gifford, 413-253-
                                                                                       8619;
                                                                                       [email protected].
----------------------------------------------------------------------------------------------------------------
If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service
  (FIRS) at 800-877-8339.

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 regulations in the Code of Federal Regulations (CFR) establish 
that the standard for substantial scientific or commercial information 
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 a petition presents substantial scientific or 
commercial information, we are required to promptly commence a review 
of the status of the species, and we will subsequently summarize the 
status review in our 12-month finding.
    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations at 50 CFR part 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 because of one or more of the five 
factors described in section 4(a)(1) of the Act (see Request for 
Information for Status Reviews, above).
    In considering whether conditions described within one or more of 
the factors might constitute threats, we must look beyond the exposure 
of the species to those conditions to evaluate whether the species may 
respond to the conditions in a way that causes actual impacts to the 
species. If there is exposure to a condition and the species responds 
negatively, the condition qualifies as a stressor and, during the 
subsequent status review, we attempt to determine how significant the 
stressor is. If the stressor is sufficiently significant that it 
drives, or contributes to, the risk of extinction of the species such 
that the species may warrant listing as endangered or threatened as 
those terms are defined in the Act, the stressor constitutes a threat 
to the species. Thus, the identification of conditions that could 
affect a species negatively may not be sufficient to compel a finding 
that the information in the petition and our files is substantial. The 
information must include evidence sufficient to suggest that these 
conditions may be operative threats that act on the species to a 
sufficient degree that the species may meet the definition of an 
endangered or threatened species under the Act.

Evaluation of a Petition To Remove the Acuna Cactus From the List of 
Endangered and Threatened Wildlife

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2016-0025 under the Supporting Documents section.

Species and Range

    Acuna cactus (Echinomastus erectocentrus var. acunensis): Arizona; 
Mexico

Petition History

    On October 21, 2014, we received a petition dated October 8, 2014, 
from Freeport-McMoRan Minerals Corporation requesting the acuna cactus 
be delisted under the Act due to invalid taxonomy, larger range than 
previously known, and lack of adequate monitoring and survey data 
resulting in overstated decline in populations. 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 
December 18, 2014, letter to the petitioner, we responded that we 
received the petition. This finding addresses the petition.

[[Page 14062]]

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action (delisting) may be warranted for the acuna cactus (Echinomastus 
erectocentrus var. acunensis). Because the petition does not present 
substantial information indicating that delisting the acuna cactus may 
be warranted, we are not initiating a status review of this species in 
response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R2-ES-2016-0025 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of Two Petitions To Reclassify the African Elephant From a 
Threatened Species to an Endangered Species Under the Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0010 under the Supporting Documents section.

Species and Range

    African elephant (Loxodonta africana): Angola; Benin; Botswana; 
Burkina Faso; Cameroon; Central African Republic; Chad; Congo; 
Democratic Republic of the Congo; C[ocirc]te d'Ivoire; Equatorial 
Guinea; Eritrea; Ethiopia; Gabon; Ghana; Guinea; Guinea-Bissau; Kenya; 
Liberia; Malawi; Mali; Mozambique; Namibia; Niger; Nigeria; Rwanda; 
Senegal; Sierra Leone; Somalia; South Africa; South Sudan; Swaziland; 
Tanzania; Togo; Uganda; Zambia; Zimbabwe

Petitions History

    On February 12, 2015, we received an electronic petition dated 
February 11, 2015, from the International Fund for Animal Welfare, 
Humane Society International, Humane Society of the United States, and 
Fund for Animals requesting that the African elephant (Loxodonta 
africana) be reclassified from threatened status to endangered status 
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 June 17, 2015, letter to the 
petitioner, we responded that we had reviewed the information presented 
in the petition and did not find that the petition warranted an 
emergency listing under section 4(b)(7) of the Act.
    On June 10, 2015, we received a second petition dated June 10, 
2015, from the Center for Biological Diversity (CBD) requesting that 
the listed African elephant be reclassified from a single species 
(Loxodonta africana) into two separate species, forest elephants 
(Loxodonta cyclotis) and savannah elephants (Loxodonta africana); the 
petition also requested to have both species reclassified as 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 June 17, 2015, letter to 
the petitioner, we responded that we had reviewed the information 
presented in the petition and did not find that the petition warranted 
an emergency listing under section 4(b)(7) of the Act.
    As both petitions requested the same action for the same species, 
this finding will address both petitions. Additionally, although CBD 
requested that the listed African elephant be reclassified from a 
single species (Loxodonta africana) into two separate species, the 
forest elephants (Loxodonta cyclotis) and the savannah elephants 
(Loxodonta africana), a taxonomic change is beyond the scope of our 
initial 90-day finding, and we will instead consider whether such a 
change is warranted as part of our status review and 12-month finding 
for the species.

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 listing the African elephant 
(Loxodonta africana) may be warranted based on Factors A, B, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of a Petition To Remove the American Burying Beetle From the 
List of Endangered and Threatened Wildlife

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2016-0011 under the Supporting Documents section.

Species and Range

    American burying beetle (Nicrophorus americanus): Arkansas, Kansas, 
Massachusetts, Missouri, Nebraska, Oklahoma, Rhode Island, South 
Dakota, and Texas

Petition History

    On August 18, 2015, we received a petition dated August 18, 2015, 
via electronic mail from American Stewards of Liberty, the Independent 
Petroleum Association of America, the Texas Public Policy Foundation, 
and Dr. Steven W. Carothers (petitioners) requesting that the American 
burying beetle be delisted under the Act due to error in information 
such that the existence or magnitude of threats to the species, or 
both, do not support a conclusion that the species is at risk of 
extinction now or in the foreseeable future. The petition clearly 
identified itself as a petition and included the requisite 
identification information for the petitioner, as required by 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 
(delisting) may be warranted for the American burying beetle 
(Nicrophorus americanus), based on a lack of threats under any of the 
five listing factors. However, during our status review, we will 
thoroughly evaluate all potential threats to the species, including the 
extent to which any protections or other conservation efforts have 
reduced those threats. Thus, for this species, the Service requests any 
information relevant to whether the species falls within the definition 
of either an endangered species under section 3(6) of the Act or a 
threatened species under section 3(20), including information on the 
five listing factors under section 4(a)(1) and any other factors 
identified in this finding (see Request for Information for Status 
Reviews, above).

[[Page 14063]]

Evaluation of a Petition To List the Arizona Night Lizard 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-R2-ES-2015-0075 under the Supporting Documents section.

Species and Range

    Arizona night lizard (Xantusia arizonae): Arizona

Petition History

    On July 11, 2012, we received a petition dated July 11, 2012, from 
CBD requesting that 53 species of reptiles and amphibians, including 
the Arizona night lizard, be listed under the Act as endangered or 
threatened and that critical habitat be designated 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 Arizona night lizard.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the Arizona night lizard (Xantusia 
arizonae). Because the petition does not present substantial 
information indicating that listing the Arizona night lizard may be 
warranted, we are not initiating a status review of this species in 
response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R2-ES-2015-0075 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To List the Arizona Wetsalts Tiger Beetle 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-R2-ES-2016-0027 under the Supporting Documents section.

Species and Range

    Arizona wetsalts tiger beetle (Cicindela haemorrhagica arizonae): 
Arizona and Utah. This is a subspecies of the wetsalts tiger beetle 
(Cicindela haemorrhagica).

Petition History

    On May 1, 2015, we received a petition dated May 1, 2015, from CBD 
requesting that the Arizona wetsalts tiger beetle be listed as 
threatened or endangered 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 June 4, 2015, 
letter to the petitioner, we responded that we had reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act. This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the Arizona wetsalts tiger beetle 
(Cicindela haemorrhagica arizonae). Because the petition does not 
present substantial information indicating that listing the Arizona 
wetsalts tiger beetle may be warranted, we are not initiating a status 
review of this species in response to this petition. The basis and 
scientific support for this finding can be found as an appendix at 
http://www.regulations.gov under Docket No. FWS-R2-ES-2016-0027 under 
the Supporting Documents section. However, we ask that the public 
submit to us any new information that becomes available concerning the 
status of, or threats to, this species or its habitat at any time (see 
Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To List Bezy's Night Lizard 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-R2-ES-2015-0076 under the Supporting Documents section.

Species and Range

    Bezy's night lizard (Xantusia bezyi): Arizona

Petition History

    On July 11, 2012, we received a petition dated July 11, 2012, from 
CBD requesting that 53 species of reptiles and amphibians, including 
Bezy's night lizard, be listed under the Act as endangered or 
threatened and that critical habitat be designated 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 Bezy's night lizard.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for Bezy's night lizard (Xantusia bezyi). 
Because the petition does not present substantial information 
indicating that listing Bezy's night lizard may be warranted, we are 
not initiating a status review of this species in response to this 
petition. The basis and scientific support for this finding can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2015-0076 under the Supporting Documents section. However, we 
ask that the public submit to us any new information that becomes 
available concerning the status of, or threats to, this species or its 
habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To List the Cheoah Bald Salamander 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-R4-ES-2015-0081 under the Supporting Documents section.

Species and Range

    Cheoah Bald salamander (Plethodon cheoah): North Carolina

Petition History

    On July 11, 2012, we received a petition dated July 11, 2012, from 
CBD requesting that 53 species of reptiles and amphibians, including 
the Cheoah Bald salamander, be listed under the Act as endangered or 
threatened and that critical habitat be designated 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 Cheoah Bald salamander.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present

[[Page 14064]]

substantial scientific or commercial information indicating that the 
petitioned action may be warranted for the Cheoah Bald salamander 
(Plethodon cheoah). Because the petition does not present substantial 
information indicating that listing the Cheoah Bald salamander may be 
warranted, we are not initiating a status review of this species in 
response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R4-ES-2015-0081 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of Two Petitions To List the Chinese Pangolin Under the 
Endangered Species Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0012 under the Supporting Documents section.

Species and Range

    Chinese pangolin (Manis pentadactyla): Himalayan foothills, 
northern India; southern Bhutan; northeastern Bangladesh; northern Lao 
PDR; southern China; Taiwan; Hong Kong SAR; northern Viet Nam; 
northwest Thailand; and northern and western Myanmar

Petitions History

    On July 15, 2015, we electronically received a petition from Born 
Free USA (BFUSA), CBD, Humane Society International (HSI), The Humane 
Society of the United States (HSUS), and the International Fund for 
Animal Welfare (IFAW), requesting that we list seven species of 
pangolin (Chinese pangolin (Manis pentadactyla), Sunda pangolin (M. 
javanica), Philippine pangolin (M. culionensis), Indian pangolin (M. 
crassicaudata), tree pangolin (M. tricuspis), giant ground pangolin (M. 
gigantean), and the long-tailed pangolin (M. tetradactyla)) as 
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 an August 17, 
2015, letter to the petitioner, we responded that we had reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act.
    On July 15, 2015, we electronically received a second petition from 
CBD, IFAW, HSUS, and BFUSA requesting that the Service list the same 
seven species of pangolin (Chinese pangolin (Manis pentadactyla), Sunda 
pangolin (M. javanica), Philippine pangolin (M. culionensis), Indian 
pangolin (M. crassicaudata), tree pangolin (M. tricuspis), giant ground 
pangolin (M. gigantean), and the long-tailed pangolin (M. 
tetradactyla)) as an endangered species under the similarity of 
appearance provisions of the Act (section 4(e)), based upon the 
petitioners' claim of these species' similarity of appearance to the 
currently listed Temminck's ground pangolin (Manis temminckii). 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 17, 2015, letter to the petitioner, we 
responded that we had reviewed the information presented in the 
petition and did not find that the petition warranted an emergency 
listing under section 4(b)(7) of the Act.
    As both petitions address the seven unlisted species of pangolin, 
we are combining the petitioned actions (listing each species as either 
threatened or endangered either based on the five factors under section 
4(a)(1) of the Act or due to a similarity of appearance under section 
4(e) of the Act) into a single 90-day finding for each species. The 
requested action for listing based on similarity of appearance (section 
4(e)) will be considered under Factor E of each finding.
    This finding addresses the Chinese pangolin (Manis pentadactyla).

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 listing the Chinese pangolin 
(Manis pentadactyla) may be warranted based on Factors A, B, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of a Petition To List the Cow Knob Salamander 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-R5-ES-2015-0084 under the Supporting Documents section.

Species and Range

    Cow Knob (or white-spotted) salamander (Plethodon punctatus): 
Virginia, West Virginia

Petition History

    On July 11, 2012, we received a petition dated July 11, 2012, from 
CBD requesting that 53 species of reptiles and amphibians, including 
the Cow Knob (or white-spotted) salamander, be listed under the Act as 
endangered or threatened and that critical habitat be designated 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 Cow Knob salamander.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the Cow Knob (or white-spotted) salamander 
(Plethodon punctatus). Because the petition does not present 
substantial information indicating that listing the Cow Knob salamander 
may be warranted, we are not initiating a status review of this species 
in response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R5-ES-2015-0084 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To Remove the Deseret Milkvetch From the List 
of Endangered and Threatened Wildlife

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R6-ES-2016-0013 under the Supporting Documents section.

[[Page 14065]]

Species and Range

    Deseret milkvetch (Astragalus desereticus): Utah

Petition History

    We received a petition dated October 6, 2015, from Western Area 
Power Administration requesting that Deseret milkvetch (currently 
listed as threatened), be delisted under the Act due to new 
information. 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 
(delisting) may be warranted for the Deseret milkvetch (Astragalus 
desereticus), based on a lack of threats under any of the five listing 
factors. However, during our status review, we will thoroughly evaluate 
all potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests information relevant to 
whether the species falls within the definition of either an endangered 
species under section 3(6) of the Act or a threatened species under 
section 3(20), including information on the five listing factors under 
section 4(a)(1) and any other factors identified in this finding (see 
Request for Information for Status Reviews, above).

Evaluation of Two Petitions To List the Giant Ground Pangolin Under the 
Endangered Species Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0014 under the Supporting Documents section.

Species and Range

    Giant ground pangolin (Manis gigantean): Cameroon; Central African 
Republic; Congo; Congo, The Democratic Republic of the; C[ocirc]te 
d'Ivoire; Equatorial Guinea (Bioko, Equatorial Guinea (mainland)); 
Gabon; Ghana; Guinea; Guinea-Bissau; Liberia; Senegal; Sierra Leone; 
Tanzania, United Republic of; Uganda

Petitions History

    On July 15, 2015, we electronically received a petition from BFUSA, 
CBD, HSI, HSUS, and IFAW requesting that we list seven species of 
pangolin (Chinese pangolin (Manis pentadactyla), Sunda pangolin (M. 
javanica), Philippine pangolin (M. culionensis), Indian pangolin (M. 
crassicaudata), tree pangolin (M. tricuspis), giant ground pangolin (M. 
gigantean), and the long-tailed pangolin (M. tetradactyla)) as 
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 an August 17, 
2015, letter to the petitioner, we responded that we reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act.
    On July 15, 2015, we electronically received a second petition from 
CBD, IFAW, HSI, HSUS, and BFUSA requesting that the Service list the 
same seven species of pangolin (Chinese pangolin (Manis pentadactyla), 
Sunda pangolin (M. javanica), Philippine pangolin (M. culionensis), 
Indian pangolin (M. crassicaudata), tree pangolin (M. tricuspis), giant 
ground pangolin (M. gigantean), and the long-tailed pangolin (M. 
tetradactyla)) as an endangered species under the similarity of 
appearance provisions of the Act (section 4(e)), based upon the 
petitioners' claim of these species' similarity of appearance to the 
currently listed Temminck's ground pangolin (Manis temminckii). 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 17, 2015, letter to the petitioner, we 
responded that we had reviewed the information presented in the 
petition and did not find that the petition warranted an emergency 
listing under section 4(b)(7) of the Act.
    As both petitions address the seven unlisted species of pangolin, 
we are combining the petitioned actions (listing each species as either 
threatened or endangered either based on the five factors under section 
4(a)(1) of the Act or due to a similarity of appearance under section 
4(e) of the Act) into a single 90-day finding for each species. The 
requested action for listing based on similarity of appearance (section 
4(e)) will be considered under Factor E of each finding.
    This finding addresses the giant ground pangolin (Manis gigantean).

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 listing the giant ground 
pangolin (Manis gigantean) may be warranted based on Factors A, B, D, 
and E. However, during our status review, we will thoroughly evaluate 
all potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other the factors identified in 
this finding (see Request for Information for Status Reviews, above).

Evaluation of Two Petitions To List the Indian Pangolin Under the 
Endangered Species Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0015 under the Supporting Documents section.

Species and Range

    Indian pangolin (Manis crassicaudata): Bangladesh; India; Nepal; 
Pakistan; Sri Lanka

Petitions History

    On July 15, 2015, we electronically received a petition from BFUSA, 
CBD, HSI, HSUS, and IFAW requesting that we list seven species of 
pangolin (Chinese pangolin (Manis pentadactyla), Sunda pangolin (M. 
javanica), Philippine pangolin (M. culionensis), Indian pangolin (M. 
crassicaudata), tree pangolin (M. tricuspis), giant ground pangolin (M. 
gigantean), and the long-tailed pangolin (M. tetradactyla)) as 
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 an August 17, 
2015, letter to the petitioner, we responded that we had reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act.
    On July 15, 2015, we electronically received a second petition from 
CBD, IFAW, HSI, HSUS, and BFUSA requesting that the Service list the 
same seven species of pangolin (Chinese pangolin (Manis pentadactyla), 
Sunda pangolin (M. javanica), Philippine pangolin (M. culionensis), 
Indian pangolin (M. crassicaudata), tree pangolin (M. tricuspis), giant 
ground

[[Page 14066]]

pangolin (M. gigantean), and the long-tailed pangolin (M. 
tetradactyla)) as an endangered species under the similarity of 
appearance provisions of the Act (section 4(e)), based upon the 
petitioners' claim of the species' similarity of appearance to the 
currently listed Temminck's ground pangolin (Manis temminckii). 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 17, 2015, letter to the petitioner, we 
responded that we had reviewed the information presented in the 
petition and did not find that the petition warranted an emergency 
listing under section 4(b)(7) of the Act.
    As both petitions address the seven unlisted species of pangolin, 
we are combining the petitioned actions (listing each species as either 
threatened or endangered either based on the five factors under section 
4(a)(1) of the Act or due to a similarity of appearance under section 
4(e) of the Act) into a single 90-day finding for each species. The 
requested action for listing based on similarity of appearance (section 
4(e)) will be considered under Factor E of each finding.
    This finding addresses the Indian pangolin (Manis crassicaudata).

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 listing the Indian pangolin 
(Manis crassicaudata) may be warranted based on Factors A, B, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of a Petition To List the Leoncita False-Foxglove 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-R2-ES-2016-0016 under the Supporting Documents section.

Species and Range

    Leoncita false-foxglove (Agalinis calycina): New Mexico, Texas; 
Mexico

Petition History

    On September 19, 2012, we received a petition dated September 6, 
2012, from The Native Plant Society of New Mexico requesting that 
Leoncita false-foxglove be listed as endangered and critical habitat be 
designated for this species under the Act. The petition clearly 
identified itself as such and included the requisite identification 
information for the petitioner, required at 50 CFR 424.14(a). In a July 
1, 2013, letter to the petitioner, we responded that we had reviewed 
the information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act. 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 listing the Leoncita false-
foxglove (Agalinis calycina) may be warranted, based on Factors A, D, 
and E. However, during our status review, we will thoroughly evaluate 
all potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of Two Petitions To List the Long-tailed Pangolin Under the 
Endangered Species Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0017 under the Supporting Documents section.

Species and Range

    Long-tailed pangolin (Manis tetradactyla): Cameroon; Central 
African Republic; Congo; Congo, The Democratic Republic of the; 
C[ocirc]te d'Ivoire; Equatorial Guinea (Equatorial Guinea (mainland)); 
Gabon; Ghana; Liberia; Nigeria; Sierra Leone

Petitions History

    On July 15, 2015, we electronically received a petition from BFUSA, 
CBD, HSI, HSUS, and IFAW requesting that we list seven species of 
pangolin (Chinese pangolin (Manis pentadactyla), Sunda pangolin (M. 
javanica), Philippine pangolin (M. culionensis), Indian pangolin (M. 
crassicaudata), tree pangolin (M. tricuspis), giant ground pangolin (M. 
gigantean), and the long-tailed pangolin (M. tetradactyla)) as 
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 an August 17, 
2015, letter to the petitioner, we responded that we had reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act.
    On July 15, 2015, we electronically received a second petition from 
CBD, IFAW, HSI, HSUS, and BFUSA requesting that the Service list the 
same seven species of pangolin (Chinese pangolin (Manis pentadactyla), 
Sunda pangolin (M. javanica), Philippine pangolin (M. culionensis), 
Indian pangolin (M. crassicaudata), tree pangolin (M. tricuspis), giant 
ground pangolin (M. gigantean), and the long-tailed pangolin (M. 
tetradactyla)) as an endangered species under the similarity of 
appearance provisions of the Act (section 4(e)), based upon the 
petitioners' claim of the species' similarity of appearance to the 
currently listed Temminck's ground pangolin (Manis temminckii). 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 17, 2015, letter to the petitioners, we 
responded that we had reviewed the information presented in the 
petition and did not find that the petition warranted an emergency 
listing under section 4(b)(7) of the Act.
    As both petitions address the seven unlisted species of pangolin, 
we are combining the petitioned actions (listing each species as either 
threatened or endangered either based on the five factors under section 
4(a)(1) of the Act or due to a similarity of appearance under section 
4(e) of the Act) into a single 90-day finding for each species. The 
requested action for listing based on similarity of appearance (section 
4(e)) will be considered under Factor E of each finding.
    This finding addresses the long-tailed pangolin (Manis 
tetradactyla).

[[Page 14067]]

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 listing the long-tailed pangolin 
(Manis tetradactyla) may be warranted based on Factors A, B, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of a Petition To List MacDougal's Yellowtops 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-R2-ES-2016-0033 under the Supporting Documents section.

Species and Range

    MacDougal's Yellowtops (Flaveria macdougalii): Arizona

Petition History

    On May 1, 2015, we received a petition dated May 1, 2015, from CBD, 
Tara Easter, and Robin Silver requesting that MacDougal's yellowtops 
(Flaveria macdougalii) be emergency listed as threatened or endangered 
and critical habitat be designated for the 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). Because the Act does not provide for petitions to emergency 
list, we are considering it as a petition to list MacDougal's 
yellowtops. However, we did consider the immediacy of possible threats 
to the species and whether emergency listing may be necessary at this 
time. In a June 4, 2015, letter to the petitioner, we responded that we 
had reviewed the information presented in the petition and did not find 
that the petition warranted an emergency listing under section 4(b)(7) 
of the Act. This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for MacDougal's yellowtops (Flaveria 
macdougalii). Because the petition does not present substantial 
information indicating that listing MacDougal's yellowtops may be 
warranted, we are not initiating a status review of this species in 
response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R2-ES-2016-0033 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To List the Monito Skink 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-R4-ES-2016-0034 under the Supporting Documents section.

Species and Range

    Monito skink (Spondylurus monitae): Puerto Rico

Petition History

    On February 11, 2014, we received a petition dated February 11, 
2014, from CBD requesting that the Culebra skink (Spondylurus 
culebrae), Mona Skink (Spondylurus monae), Monito Skink (Spondylurus 
Monitoe), Lesser Virgin Islands Skink (Spondylurus semitaeniatus), 
Virgin Islands Bronze Skink (Spondylurus sloanii), Puerto Rican Skink 
(Spondylurus nitidus), Greater Saint Croix Skink (Spondylurus 
magnacruzae), Greater Virgin Islands Skink (Spondylurus spilonotus), 
and Lesser Saint Croix Skink (Capitellum parvicruzae) be listed as 
endangered and critical habitat be designated for these 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). We acknowledged receipt of this petition via email 
on February 12, 2014. This finding addresses one of the nine species 
identified in the petition: the Monito skink. The Culebra skink, 
Greater Saint Croix skink, Mona skink, Puerto Rican skink, Virgin 
Islands bronze skink, Greater Virgin Islands skink, and Lesser Saint 
Croix skink were addressed in a separate finding, which was published 
in the Federal Register on January 12, 2016 (81 FR 1368). We will 
address the Lesser Virgin Islands skink in a separate evaluation. This 
finding addresses the Monito skink.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the Monito skink (Spondylurus monitae). 
Because the petition does not present substantial information 
indicating that listing the Monito skink may be warranted, we are not 
initiating a status review of this species in response to this 
petition. The basis and scientific support for this finding can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R4-ES-2016-0034 under the Supporting Documents section. However, we 
ask that the public submit to us any new information that becomes 
available concerning the status of, or threats to, this species or its 
habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To Remove Navasota Ladies-Tresses From the 
List of Endangered and Threatened Wildlife

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2016-0035 under the Supporting Documents section.

Species and Range

    Navasota ladies-tresses (Spiranthes parksii): Texas

Petition History

    On May 26, 2015, we received a petition dated May 26, 2015, by 
electronic mail, from American Stewards of Liberty and Dr. Steve W. 
Carothers requesting that Navasota ladies-tresses be delisted under the 
Act due to error in information. The petition clearly identified itself 
as a petition and included the requisite identification information for 
the petitioner, as required by 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 does not present substantial 
scientific or commercial information indicating that the

[[Page 14068]]

petitioned action (delisting) may be warranted for Navasota ladies-
tresses (Spiranthes parksii). Because the petition does not present 
substantial information indicating that delisting Navasota ladies-
tresses may be warranted, we are not initiating a status review of this 
species in response to this petition. The basis and scientific support 
for this finding can be found as an appendix at http://www.regulations.gov under Docket No. FWS-R2-ES-2016-0035 under the 
Supporting Documents section. However, we ask that the public submit to 
us any new information that becomes available concerning the status of, 
or threats to, this species or its habitat at any time (see Table 3 in 
SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To List the Patagonia Eyed Silkmoth 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-R2-ES-2016-0036 under the Supporting Documents section.

Species and Range

    Patagonia eyed silkmoth (Automeris patagoniensis): Arizona; Mexico

Petition History

    On June 29, 2015, we received a petition dated June 17, 2015, from 
Defenders of Wildlife and Patagonia Area Resource Alliance requesting 
that the Patagonia eyed silkmoth be listed as threatened or endangered 
and critical habitat be designated for this species under the Act. The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(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 does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the Patagonia eyed silkmoth (Automeris 
patagoniensis). Because the petition does not present substantial 
information indicating that listing the Patagonia eyed silkmoth may be 
warranted, we are not initiating a status review of this species in 
response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R2-ES-2016-0036 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of Two Petitions To List the Philippine Pangolin Under the 
Endangered Species Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0018 under the Supporting Documents section.

Species and Range

    Philippine pangolin (Manis culionensis): Philippines

Petitions History

    On July 15, 2015, we electronically received a petition from BFUSA, 
CBD, HSI, HSUS, and IFAW requesting that we list seven species of 
pangolin (Chinese pangolin (Manis pentadactyla), Sunda pangolin (M. 
javanica), Philippine pangolin (M. culionensis), Indian pangolin (M. 
crassicaudata), tree pangolin (M. tricuspis), giant ground pangolin (M. 
gigantean), and the long-tailed pangolin (M. tetradactyla)) as 
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 an August 17, 
2015, letter to the petitioner, we responded that we had reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act.
    On July 15, 2015, we electronically received a second petition from 
CBD, IFAW, HSI, HSUS, and BFUSA requesting that the Service list the 
same seven species of pangolin (Chinese pangolin (Manis pentadactyla), 
Sunda pangolin (M. javanica), Philippine pangolin (M. culionensis), 
Indian pangolin (M. crassicaudata), tree pangolin (M. tricuspis), giant 
ground pangolin (M. gigantean), and the long-tailed pangolin (M. 
tetradactyla)) as an endangered species under the similarity of 
appearance provisions of the Act (section 4(e)), based upon the 
petitioners' claim of the species' similarity of appearance to the 
currently listed Temminck's ground pangolin (Manis temminckii). The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioners, required at 50 CFR 
424.14(a). In an August 17, 2015, letter to the petitioners, we 
responded that we had reviewed the information presented in the 
petition and did not find that the petition warranted an emergency 
listing under section 4(b)(7) of the Act.
    As both petitions address the seven unlisted species of pangolin, 
we are combining the petitioned actions (listing each species as either 
threatened or endangered either based on the five factors under section 
4(a)(1) of the Act or due to a similarity of appearance under section 
4(e) of the Act) into a single 90-day finding for each species. The 
requested action for listing based on similarity of appearance (section 
4(e)) will be considered under Factor E of each finding.
    This finding addresses the Philippine pangolin (Manis culionensis).

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 listing the Philippine pangolin 
(Manis culionensis) may be warranted based on Factors A, B, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of a Petition To List the Reticulate Collared Lizard 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-R2-ES-2015-0109 under the Supporting Documents section.

Species and Range

    Reticulate Collared Lizard (Crotaphytus reticulatus): Texas; Mexico

Petition History

    On July 11, 2012, we received a petition dated July 11, 2012, from 
CBD requesting that 53 species of reptiles and amphibians, including 
the reticulate collared lizard, be listed under the Act as threatened 
or endangered species and critical habitat

[[Page 14069]]

be designated 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 does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the reticulate collared lizard (Crotaphytus 
reticulatus). Because the petition does not present substantial 
information indicating that listing the reticulate collared lizard may 
be warranted, we are not initiating a status review of this species in 
response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R2-ES-2015-0109 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To List the Rio Grande Chub 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-R2-ES-2016-0019 under the Supporting Documents section.

Species and Range

    Rio Grande chub (Gila pandora): New Mexico, Texas.

Petition History

    On September 30, 2013, we received a petition dated September 27, 
2013, from Wild Earth Guardians requesting that the Rio Grande chub be 
listed as threatened or endangered and critical habitat be designated 
for this species under the Act. The petition clearly identified itself 
as such and included the requisite identification information for the 
petitioner, required at 50 CFR 424.14(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 listing the Rio Grande chub 
(Gila pandora) may be warranted, based on Factors A, C, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of a Petition To List the Rio Grande Sucker 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-R2-ES-2016-0020 under the Supporting Documents section.

Species and Range

    Rio Grande sucker (Catostomus plebeius): Colorado, New Mexico; 
Mexico.

Petition History

    On October 3, 2014, we received a petition dated September 29, 
2014, from WildEarth Guardians requesting that Rio Grande sucker (also 
known as the Rio Grande mountain-sucker, or matelote del bravo) be 
listed as threatened or endangered and critical habitat be designated 
for this species under the Act. The petition clearly identified itself 
as such and included the requisite identification information for the 
petitioner, required at 50 CFR 424.14(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 listing the Rio Grande sucker 
(Catostomus plebeius) may be warranted, based on Factors A, C, D, and 
E. However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either 
``endangered species'' under section 3(6) of the Act or ``threatened 
species'' under section 3(20), including information on the five 
listing factors under section 4(a)(1) and any other factors identified 
in this finding (see Request for Information for Status Reviews, 
above).

Evaluation of a Petition To List the South Mountain Gray-Cheeked 
Salamander 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-R4-ES-2015-0117 under the Supporting Documents section.

Species and Range

    South Mountain gray-cheeked salamander (Plethodon meridianus): 
North Carolina.

Petition History

    On July 11, 2012, we received a petition dated July 11, 2012, from 
CBD requesting that 53 species of reptiles and amphibians, including 
the South Mountain gray-cheeked salamander, be listed under the Act as 
endangered or threatened and that critical habitat be designated 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 South Mountain gray-
cheeked salamander.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the South Mountain gray-cheeked salamander 
(Plethodon meridianus). Because the petition does not present 
substantial information indicating that listing the South Mountain 
gray-cheeked salamander may be warranted, we are not initiating a 
status review of this species in response to this petition. The basis 
and scientific support for this finding can be found as an appendix at 
http://www.regulations.gov under Docket No. FWS-R4-ES-2015-0117 under 
the Supporting Documents section. However, we ask that the public 
submit to us any new information that becomes available concerning the 
status of, or threats to, this species or its habitat at any time (see 
Table 3 in SUPPLEMENTARY INFORMATION).

[[Page 14070]]

Evaluation of a Petition To List the Southern Dusky Salamander 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-R4-ES-2016-0038 under the Supporting Documents section.

Species and Range

    Southern dusky salamander (Desmognathus auriculatus): Alabama, 
Florida, Georgia, Louisiana, Mississippi, North Carolina, South 
Carolina, Texas, Virginia.

Petition History

    On April 2, 2015, we received a petition from the Coastal Plains 
Institute and Land Conservancy requesting that southern dusky 
salamander be listed as threatened under the Act. The petition clearly 
identified itself as such and included the requisite identification 
information required at 50 CFR 424.14(a); however, it did not contain 
copies of supporting documents. We acknowledged receipt of the petition 
via email on April 22, 2015. Additional materials were received on June 
10, 2015. This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the Southern dusky salamander (Desmognathus 
auriculatus). Because the petition does not present substantial 
information indicating that listing the Southern dusky salamander may 
be warranted, we are not initiating a status review of this species in 
response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R4-ES-2016-0038 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To Remove the Southwestern Willow Flycatcher 
From the List of Endangered and Threatened Wildlife

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2016-0039 under the Supporting Documents section.

Species and Range

    Southwestern willow flycatcher (Empidonax traillii extimus): 
California, Arizona, New Mexico, Colorado, Utah, and Nevada, Texas; 
winters in Central and South America.

Petition History

    On August, 20, 2015, we received a petition dated August 19, 2015, 
from The Pacific Legal Foundation (representing The Center for 
Environmental Science, Accuracy, and Reliability; Building Industry 
Legal Defense Fund; California Building Industry Association; 
California Cattlemen's Association; New Mexico Business Coalition, New 
Mexico Cattle Growers Association; New Mexico Farm and Livestock 
Bureau; and New Mexico Wool Growers Inc.), requesting that the 
southwestern willow flycatcher (Empidonax traillii extimus) be delisted 
due to error in information 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 
(delisting) may be warranted for the Southwestern willow flycatcher 
(Empidonax traillii extimus), based on information related to taxonomic 
status. However, during our status review, we will thoroughly evaluate 
all potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of Two Petitions To List the Sunda Pangolin Under the 
Endangered Species Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0021 under the Supporting Documents section.

Species and Range

    Sunda pangolin (Manis javanica): Brunei Darussalam; Cambodia; 
Indonesia; Lao People's Democratic Republic; Malaysia; Myanmar; 
Singapore; Thailand; Viet Nam.

Petitions History

    On July 15, 2015, we electronically received a petition from BFUSA, 
CBD, HSI, HSUS, and IFAW requesting that we list seven species of 
pangolin (Chinese pangolin (Manis pentadactyla), Sunda pangolin (M. 
javanica), Philippine pangolin (M. culionensis), Indian pangolin (M. 
crassicaudata), tree pangolin (M. tricuspis), giant ground pangolin (M. 
gigantean), and the long-tailed pangolin (M. tetradactyla)) as 
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 an August 17, 
2015, letter to the petitioner, we responded that we had reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act.
    On July 15, 2015, we electronically received a second petition from 
CBD, IFAW, HSI, HSUS, and BFUSA requesting that the Service list the 
same seven species of pangolin (Chinese pangolin (Manis pentadactyla), 
Sunda pangolin (M. javanica), Philippine pangolin (M. culionensis), 
Indian pangolin (M. crassicaudata), tree pangolin (M. tricuspis), giant 
ground pangolin (M. gigantean), and the long-tailed pangolin (M. 
tetradactyla)) as an endangered species under the similarity of 
appearance provisions of the Act (section 4(e)), based upon the 
petitioners' claim of the species' similarity of appearance to the 
currently listed Temminck's ground pangolin (Manis temminckii). 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 17, 2015, letter to the petitioner, we 
responded that we had reviewed the information presented in the 
petition and did not find that the petition warranted an emergency 
listing under section 4(b)(7) of the Act.
    As both petitions address the seven unlisted species of pangolin, 
we are combining the petitioned actions (listing each species as either 
threatened or endangered either based on the five factors under section 
4(a)(1) of the Act or due to a similarity of appearance under section 
4(e) of the Act) into a

[[Page 14071]]

single 90-day finding for each species. The requested action for 
listing based on similarity of appearance (section 4(e)) will be 
considered under Factor E of each finding.
    This finding addresses the Sunda pangolin (Manis javanica).

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 listing the Sunda pangolin 
(Manis javanica) may be warranted based on Factors A, B, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of Two Petitions To List the Tree Pangolin Under the 
Endangered Species Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0022 under the Supporting Documents section.

Species and Range

    Tree pangolin (Manis tricuspis): Angola (Angola); Benin; Cameroon; 
Central African Republic; Congo; Congo, The Democratic Republic of the; 
C[ocirc]te d'Ivoire; Equatorial Guinea (Bioko, Equatorial Guinea 
(mainland)); Gabon; Ghana; Guinea; Guinea-Bissau; Kenya; Liberia; 
Nigeria; Rwanda; Sierra Leone; South Sudan; Tanzania, United Republic 
of; Togo; Uganda; Zambia.

Petitions History

    On July 15, 2015, we electronically received a petition from BFUSA, 
CBD, HSI, HSUS, and IFAW requesting that we list seven species of 
pangolin (Chinese pangolin (Manis pentadactyla), Sunda pangolin (M. 
javanica), Philippine pangolin (M. culionensis), Indian pangolin (M. 
crassicaudata), tree pangolin (M. tricuspis), giant ground pangolin (M. 
gigantean), and the long-tailed pangolin (M. tetradactyla)) as 
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 an August 17, 
2015, letter to the petitioner, we responded that we had reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act.
    On July 15, 2015, we electronically received a second petition from 
CBD, IFAW, HSI, HSUS, and BFUSA requesting that the Service list the 
same seven species of pangolin (Chinese pangolin (Manis pentadactyla), 
Sunda pangolin (M. javanica), Philippine pangolin (M. culionensis), 
Indian pangolin (M. crassicaudata), tree pangolin (M. tricuspis), giant 
ground pangolin (M. gigantean), and the long-tailed pangolin (M. 
tetradactyla)) as an endangered species under the similarity of 
appearance provisions of the Act (section 4(e)), based upon the 
petitioners' claim of the species' similarity of appearance to the 
currently listed Temminck's ground pangolin (Manis temminckii). 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 17, 2015, letter to the petitioner, we 
responded that we had reviewed the information presented in the 
petition and did not find that the petition warranted an emergency 
listing under section 4(b)(7) of the Act.
    As both petitions address the seven unlisted species of pangolin, 
we are combining the petitioned actions (listing each species as either 
threatened or endangered either based on the five factors under section 
4(a)(1) of the Act or due to a similarity of appearance under section 
4(e) of the Act) into a single 90-day finding for each species. The 
requested action for listing based on similarity of appearance (section 
4(e)) will be considered under Factor E of each finding.
    This finding addresses the tree pangolin (Manis tricuspis).

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 listing the tree pangolin (Manis 
tricuspis) may be warranted based on Factors A, B, D, and E. However, 
during our status review, we will thoroughly evaluate all potential 
threats to the species, including the extent to which any protections 
or other conservation efforts have reduced those threats. Thus, for 
this species, the Service requests any information relevant to whether 
the species falls within the definition of either an endangered species 
under section 3(6) of the Act or a threatened species under section 
3(20), including information on the five listing factors under section 
4(a)(1) and any other factors identified in this finding (see Request 
for Information for Status Reviews, above).

Evaluation of a Petition To List the Western Bumble Bee 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-R6-ES-2016-0023 under the Supporting Documents section.

Species and Range

    Western bumble bee (Bombus occidentalis): Alaska, Arizona, 
California, Colorado, Idaho, Montana, Nebraska, New Mexico, North 
Dakota, Oregon, South Dakota, Washington, Wyoming, Utah; Canada: 
Alberta, British Columbia, Saskatchewan, Yukon Territory.

Petition History

    On September 21, 2015, we received a petition dated September 15, 
2015, from Defenders of Wildlife requesting that the western bumble bee 
be listed as threatened or endangered and critical habitat be 
designated for this species under the Act. The petition clearly 
identified itself as such and included the requisite identification 
information for the petitioner, required at 50 CFR 424.14(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 listing the western bumble bee 
(Bombus occidentalis) may be warranted, based on Factors C, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for the western bumble bee, the Service requests any information 
relevant to whether the species falls within the definition of either 
an endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this

[[Page 14072]]

finding (see Request for Information for Status Reviews, above).

Evaluation of a Petition To List the Yellow-Banded Bumble Bee 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-R5-ES-2016-0024 under the Supporting Documents section.

Species and Range

    Yellow-banded bumble bee (Bombus terricola): Connecticut, Kentucky, 
Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, 
New Hampshire, New Jersey, New York, North Carolina, North Dakota, 
Ohio, Pennsylvania, Rhode Island, South Dakota, Tennessee, Vermont, 
Virginia, West Virginia, Wisconsin; Canada: Alberta, British Columbia, 
Manitoba, Newfoundland, Nova Scotia, Ontario, Quebec, Saskatchewan.

Petition History

    On September 15, 2015, we received a petition dated September 15, 
2015, from Defenders of Wildlife requesting that the yellow-banded 
bumble bee (Bombus terricola) be listed as threatened or endangered and 
critical habitat be designated for this species under the Act. The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(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 listing the yellow-banded bumble 
bee (Bombus terricola) may be warranted, based on Factors A, C, D, and 
E. However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Conclusion

    On the basis of our evaluation of the information presented in the 
petitions under section 4(b)(3)(A) of the Act, we have determined that 
the petitions summarized above for the acuna cacus, Arizona night 
lizard, Arizona wetsalts tiger beetle, Bezy's night lizard, Cheoah Bald 
salamander, Cow Knob salamander, MacDougal's yellowtops, Monito skink, 
Navasota ladies-tresses, Patagonia eyed silkmoth, reticulate collared 
lizard, South Mountain gray-cheeked salamander, and southern dusky 
salamander do not present substantial scientific or commercial 
information indicating that the requested actions may be warranted. 
Therefore, we are not initiating status reviews for these species.
    The petitions summarized above for the African elephant, American 
burying beetle, Chinese pangolin, deseret milkvetch, giant ground 
pangolin, Indian pangolin, Leoncita false-foxglove, long-tailed 
pangolin, Philippine pangolin, Rio Grande chub, Rio Grande sucker, 
Sunda pangolin, tree pangolin, southwestern willow flycatcher, western 
bumble bee, and yellow-banded bumble bee present substantial scientific 
or commercial information indicating that the requested actions may be 
warranted.
    Because we have found that these 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 each status review, we will 
issue a finding, in accordance with section 4(b)(3)(B) of the Act, as 
to whether or not the Service finds that the petitioned action is 
warranted.
    It is important to note that the standard for a 90-day finding 
differs from the Act's standard that applies to a status review to 
determine whether a petitioned action is warranted. In making a 90-day 
finding, we consider only the information in the petition and in our 
files, and we evaluate merely whether that information constitutes 
``substantial information'' indicating that the petitioned action ``may 
be warranted.'' In a 12-month finding, we must complete a thorough 
status review of the species and evaluate the ``best scientific and 
commercial data available'' to determine whether a petitioned action 
``is warranted.'' Because the Act's standards for 90-day and 12-month 
findings are different, a substantial 90-day finding does not mean that 
the 12-month finding will result in a ``warranted'' finding.

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 (contact the person listed under Table 3 in SUPPLEMENTARY 
INFORMATION).

Authors

    The primary authors of this notice are staff members of the 
Ecological Services Program, U.S. Fish and Wildlife Service.

Authority

    The authority for these actions is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: February 24, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-05699 Filed 3-15-16; 8:45 am]
 BILLING CODE 4333-15-P


Current View
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.
DatesWhen we conduct status reviews, we will consider all information that we have received. To ensure that we will have adequate time to consider submitted information during the status reviews, we request that we receive information no later than May 16, 2016. For information submitted electronically using the Federal eRulemaking Portal (see
ContactSee Table 3 in SUPPLEMENTARY INFORMATION for specific people to contact for each species.
FR Citation81 FR 14058 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR