82 FR 18409 - Endangered and Threatened Wildlife and Plants; 90-Day Findings on Two Petitions
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 74 (April 19, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 74 (April 19, 2017)
| Page Range | 18409-18411 | |
| FR Document | 2017-07942 |
[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)] [Proposed Rules] [Pages 18409-18411] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07942] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [4500030115] Endangered and Threatened Wildlife and Plants; 90-Day Findings on Two Petitions AGENCY: Fish and Wildlife Service, Interior. [[Page 18410]] ACTION: Notice of petition findings. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on two petitions to list or reclassify wildlife or plants under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petitions do not present substantial scientific or commercial information indicating that the petitioned action may be warranted, and we are not initiating status reviews in response to those petitions. We refer to these findings as ``not- substantial'' petition findings. DATES: These findings were made on April 19, 2017. ADDRESSES: Summaries of the bases for the not-substantial petition findings contained in this document are available on http://www.regulations.gov under the appropriate docket number (see Table 1 under SUPPLEMENTARY INFORMATION). Supporting information in preparing these findings is available for public inspection, by appointment, during normal business hours by contacting the appropriate person, as specified in Table 3 under SUPPLEMENTARY INFORMATION. If you have new information concerning the status of, or threats to, the species for which we made not-substantial petition findings (listed below in Table 1), or their habitats, please submit that information to the person listed in Table 3 under SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: See Table 3 under SUPPLEMENTARY INFORMATION for specific people to contact for each species. SUPPLEMENTARY INFORMATION: Background Section 4 of the Act (16 U.S.C. 1533) and its implementing regulations in title 50 of the Code of Federal Regulations set forth the procedures for adding a species to, or removing a species from, the Federal Lists of Endangered and Threatened Wildlife and Plants (50 CFR part 424). 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 the finding promptly in the Federal Register. Last year, the Service and the National Marine Fisheries Service of the Department of Commerce revised the regulations that outline the procedures for evaluating petitions (81 FR 66462; September 27, 2016). The new regulations at 50 CFR 424.14 were effective October 27, 2016. We received the petitions referenced in this document prior to that effective date. Therefore, we evaluated these petitions under the 50 CFR 424.14 requirements that were in effect prior to October 27, 2016, as those requirements applied when the petitions were received. The regulations in effect prior to October 27, 2016, 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'' (former 50 CFR 424.14(b)). 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. 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 individually or cumulatively act on the species to a sufficient degree that the species may meet the definition of an endangered or threatened species under the Act. 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 a 12-month finding. Summaries of Petition Findings The not-substantial petition findings contained in this document are listed in Table 1 and the bases for the findings, along with supporting information, are available on http://www.regulations.gov under the appropriate docket number. Table 1--Not-Substantial Findings ---------------------------------------------------------------------------------------------------------------- URL to docket on http:// Common name Docket No. www.regulations.gov ---------------------------------------------------------------------------------------------------------------- Florida black bear.................... FWS-R4-ES-2017-0015 http://www.regulations.gov/docket?D=FWS-R4-ES-2017-0015 Mojave population of the desert FWS-R8-ES-2017-0009 http://www.regulations.gov/ tortoise. docket?D=FWS-R8-ES-2017-0009 ---------------------------------------------------------------------------------------------------------------- Evaluation of a Petition To List the Florida Black Bear as a Threatened or Endangered Species Under the Act Species and Range Florida black bear (Ursus americanus floridanus): Florida, Georgia, and Alabama. Petition History On March 18, 2016, we received a petition dated March 17, 2016, from the Center for Biological Diversity, Animal Legal Defense Fund, Animal Hero Kids, Animal Rights Foundation of Florida, Animal Welfare Institute, Big Cat Rescue, Guillaume Chapron, Compassion Works International, Environmental Action, The Humane Society of the United States, Jungle Friends Primate Sanctuary, Miha Krofel, The League of Women Voters of Florida, Lobby for Animals, Paul C. Paquet, Stuart Pimm, Preserve Our Wildlife, Sierra Club Florida Chapter, South Florida Wildlands Association, Speak Up Wekiva, Stop the Florida Bear Hunt, Adrian Treves, John A. Vucetich, and Robert Wielgus requesting that the Florida black bear be listed as a threatened or endangered species under the Act. The petition clearly identified itself as such and included the requisite identification information for the petitioners, required at former 50 CFR 424.14(a). This finding addresses the petition. [[Page 18411]] 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 listing the Florida black bear may be warranted. Because the petition does not present substantial information indicating that listing the Florida black bear may be warranted, we are not initiating a status review of this species in response to this petition. However, we ask that the public submit to us any new information that becomes available concerning the status of, or threats to, this species or its habitat at any time (see Table 3, below). The basis for our finding on this petition, and other information regarding our review of this petition, can be found as an appendix at http://www.regulations.gov under Docket No. FWS-R4-ES-2017-0015 under the Supporting Documents section. Evaluation of a Petition To Reclassify the Mojave Population of the Desert Tortoise as an Endangered Species Under the Act Species and Range Desert tortoise (Gopherus agassizii) (Mojave population): Arizona, California, Nevada, and Utah. The Mojave population of the desert tortoise was listed as a threatened species on April 2, 1990 (55 FR 12178). Petition History On July 2, 2002, we received a petition dated June 28, 2002, from Mr. Craig Dremann requesting that the threatened Mojave population of the desert tortoise be emergency reclassified as endangered under the Act. The petition clearly identified itself as such and included the requisite identification information for the petitioner, required at former 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 reclassifying the Mojave population of the desert tortoise may be warranted. Because the petition does not present substantial information indicating that reclassifying the Mojave population of the desert tortoise may be warranted, we are not initiating a status review of this species in response to this petition. However, we ask that the public submit to us any new information that becomes available concerning the status of, or threats to, this species or its habitat at any time (see Table 3, below). The basis for our finding on this petition, and other information regarding our review of this petition can be found as an appendix at http://www.regulations.gov under Docket No. FWS-R8-ES-2017-0009 under the Supporting Documents section. Contacts Contact information is provided below in Table 3 for the not- substantial findings. Table 3--Contacts ------------------------------------------------------------------------ Common name Contact person ------------------------------------------------------------------------ Florida black bear..................... Andreas Moshogianis, 404-679- 7119; [email protected] Mojave population of the desert Arnold Roessler, 916-414-6613; tortoise. [email protected] ------------------------------------------------------------------------ If you use a telecommunications device for the deaf (TDD), please call the Federal Relay Service (FIRS) at 800-877-8339. 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 referenced above for the Florida black bear and the Mojave population of the desert tortoise 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. 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: April 10, 2017. James W. Kurth, Acting, Director, U.S. Fish and Wildlife Service. [FR Doc. 2017-07942 Filed 4-18-17; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Proposed Rules 18409
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C. Collection of Information rule simply promulgates the operating comments are posted or a final rule is
This proposed rule would call for no regulations or procedures for published.
new collection of information under the drawbridges. Normally such actions are
Paperwork Reduction Act of 1995 (44 categorically excluded from further List of Subjects in 33 CFR Part 117
U.S.C. 3501–3520). review, under figure 2–1, paragraph Bridges.
D. Federalism and Indian Tribal (32)(e), of the Instruction. For the reasons discussed in the
Under figure 2–1, paragraph (32)(e), of preamble, the Coast Guard proposes to
Government
the Instruction, an environmental amend 33 CFR part 117 as follows:
A rule has implications for federalism analysis checklist and a categorical
under Executive Order 13132, exclusion determination are not PART 117—DRAWBRIDGE
Federalism, if it has a substantial direct required for this rule. We seek any OPERATION REGULATIONS
effect on the States, on the relationship comments or information that may lead
between the national government and to the discovery of a significant ■ 1. The authority citation for part 117
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power and responsibilities among the proposed rule. Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
various levels of government. We have Department of Homeland Security Delegation
analyzed this proposed rule under that G. Protest Activities No. 0170.1.
Order and have determined that it is The Coast Guard respects the First ■ 2. Revise § 117.669 to read as follows:
consistent with the fundamental Amendment rights of protesters.
federalism principles and preemption Protesters are asked to contact the § 117.669 St. Louis River (Duluth-Superior
requirements described in Executive person listed in the FOR FURTHER Harbor).
Order 13132. INFORMATION CONTACT section to (a) The draw of the Burlington
Also, this proposed rule does not have coordinate protest activities so that your Northern Grassy Point railroad Bridge,
tribal implications under Executive message can be received without mile 5.44, shall open on signal except
Order 13175, Consultation and jeopardizing the safety or security of that, from December 15 through March
Coordination with Indian Tribal people, places or vessels. 15 the draw shall open if at least 12-
Governments, because it would not have hour notice is given.
a substantial direct effect on one or V. Public Participation and Request for (b) The draw of the Canadian National
more Indian tribes, on the relationship Comments Combined Railroad and Highway
between the Federal Government and We view public participation as Bridge, mile 13.91, need not be opened
Indian tribes, or on the distribution of essential to effective rulemaking, and for the passage of vessels. The owner
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§ 117.1083 Duluth-Superior Harbor (St.
document to which each comment Louis River).
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The Unfunded Mandates Reform Act See § 117.669 St. Louis River (Duluth-
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Federal agencies to assess the effects of comments through the Federal Minnesota.
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particular, the Act addresses actions www.regulations.gov. If your material J.E. Ryan,
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State, local, or tribal government, in the www.regulations.gov, contact the person Ninth Coast Guard District.
aggregate, or by the private sector of in the FOR FURTHER INFORMATION [FR Doc. 2017–07907 Filed 4–18–17; 8:45 am]
$100,000,000 (adjusted for inflation) or CONTACT section of this document for BILLING CODE 9110–04–P
more in any one year. Though this alternate instructions.
proposed rule would not result in such We accept anonymous comments. All
an expenditure, we do discuss the comments received will be posted DEPARTMENT OF THE INTERIOR
effects of this proposed rule elsewhere without change to http://
in this preamble. www.regulations.gov and will include Fish and Wildlife Service
any personal information you have
F. Environment provided. For more about privacy and
jstallworth on DSK7TPTVN1PROD with PROPOSALS
50 CFR Part 17
We have analyzed this proposed rule the docket, you may review a Privacy
under Department of Homeland Act notice regarding the Federal Docket [4500030115]
Security Management Directive 023–01 Management System in the March 24, Endangered and Threatened Wildlife
and Commandant Instruction 2005, issue of the Federal Register (70 and Plants; 90-Day Findings on Two
M16475.lD, which guides the Coast FR 15086). Petitions
Guard in complying with the National Documents mentioned in this
Environmental Policy Act of 1969 document, and all public comments, are AGENCY: Fish and Wildlife Service,
(NEPA) (42 U.S.C. 4321–4370f), and in our online docket at http:// Interior.
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![Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Proposed Rules 18411
Finding Evaluation of a Petition To Reclassify find that the petition does not present
the Mojave Population of the Desert substantial scientific or commercial
Based on our review of the petition Tortoise as an Endangered Species information indicating that reclassifying
and sources cited in the petition, we Under the Act the Mojave population of the desert
find that the petition does not present tortoise may be warranted. Because the
substantial scientific or commercial Species and Range
petition does not present substantial
information indicating that listing the Desert tortoise (Gopherus agassizii) information indicating that reclassifying
Florida black bear may be warranted. (Mojave population): Arizona, the Mojave population of the desert
Because the petition does not present California, Nevada, and Utah. tortoise may be warranted, we are not
substantial information indicating that The Mojave population of the desert initiating a status review of this species
listing the Florida black bear may be tortoise was listed as a threatened in response to this petition. However,
warranted, we are not initiating a status species on April 2, 1990 (55 FR 12178). we ask that the public submit to us any
review of this species in response to this Petition History new information that becomes available
petition. However, we ask that the concerning the status of, or threats to,
On July 2, 2002, we received a
public submit to us any new petition dated June 28, 2002, from Mr. this species or its habitat at any time
information that becomes available Craig Dremann requesting that the (see Table 3, below).
concerning the status of, or threats to, threatened Mojave population of the The basis for our finding on this
this species or its habitat at any time desert tortoise be emergency reclassified petition, and other information
(see Table 3, below). as endangered under the Act. The regarding our review of this petition can
petition clearly identified itself as such be found as an appendix at http://
The basis for our finding on this
and included the requisite identification www.regulations.gov under Docket No.
petition, and other information FWS–R8–ES–2017–0009 under the
regarding our review of this petition, information for the petitioner, required
at former 50 CFR 424.14(a). This finding Supporting Documents section.
can be found as an appendix at http://
www.regulations.gov under Docket No. addresses the petition. Contacts
FWS–R4–ES–2017–0015 under the Finding Contact information is provided
Supporting Documents section. Based on our review of the petition below in Table 3 for the not-substantial
and sources cited in the petition, we findings.
TABLE 3—CONTACTS
Common name Contact person
Florida black bear ..................................................................................... Andreas Moshogianis, 404–679–7119; andreas_moshogianis@fws.gov
Mojave population of the desert tortoise .................................................. Arnold Roessler, 916–414–6613; arnold_roessler@fws.gov
If you use a telecommunications Dated: April 10, 2017. and scup recreational fisheries. The
device for the deaf (TDD), please call the James W. Kurth, implementing regulations for these
Federal Relay Service (FIRS) at 800– Acting, Director, U.S. Fish and Wildlife fisheries require NMFS to publish
877–8339. Service. recreational measures for the fishing
[FR Doc. 2017–07942 Filed 4–18–17; 8:45 am] year and to provide an opportunity for
Conclusion public comment. The intent of these
BILLING CODE 4333–15–P
On the basis of our evaluation of the measures is to constrain recreational
catch to established limits and prevent
information presented in the petitions
DEPARTMENT OF COMMERCE overfishing of the summer flounder and
under section 4(b)(3)(A) of the Act, we
scup resources. We are proposing the
have determined that the petitions National Oceanic and Atmospheric 2017 management measures and revised
referenced above for the Florida black Administration specifications for the recreational black
bear and the Mojave population of the sea bass fishery in separate actions.
desert tortoise do not present substantial 50 CFR Part 648 DATES: Comments must be received by
scientific or commercial information 5 p.m. local time, on May 4, 2017.
indicating that the requested actions [Docket No. 170314268–7268–01]
ADDRESSES: You may submit comments
may be warranted. Therefore, we are not RIN 0648–BG68 on this document, identified by NOAA–
initiating status reviews for these
NMFS–2017–0022, by either of the
species. Fisheries of the Northeastern United
following methods:
States; Recreational Management Electronic submission: Submit all
Authors Measures for the Summer Flounder electronic public comments via the
The primary authors of this notice are and Scup Fisheries; Fishing Year 2017 Federal e-Rulemaking Portal.
staff members of the Ecological Services AGENCY: National Marine Fisheries • Go to www.regulations.gov/
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Program, U.S. Fish and Wildlife Service. Service (NMFS), National Oceanic and #!docketDetail;D=NOAA-NMFS-2017-
Atmospheric Administration (NOAA), 0022,
Authority • Click the ‘‘Comment Now!’’ icon,
Commerce.
The authority for these actions is the complete the required fields
ACTION: Proposed rule; request for
• Enter or attach your comments.
Endangered Species Act of 1973, as comments.
amended (16 U.S.C. 1531 et seq.). Or
SUMMARY: NMFS proposes management Mail: Submit written comments to
measures for the 2017 summer flounder John Bullard, Regional Administrator,
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Document Created: 2018-11-14 09:43:48
Document Modified: 2018-11-14 09:43:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of petition findings. | |
| Dates | These findings were made on April 19, 2017. | |
| Contact | See Table 3 under SUPPLEMENTARY INFORMATION for specific people to contact for each species. | |
| FR Citation | 82 FR 18409 |
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