82 FR 20861 - Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Remove the Bone Cave Harvestman From the List of Endangered and Threatened Wildlife

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 85 (May 4, 2017)

Page Range		20861-20863
FR Document		2017-09010

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the Bone Cave harvestman (Texella reyesi) from the List of Endangered and Threatened Wildlife (i.e., ``delist'' the species) under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted. However, we ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the Bone Cave harvestman or its habitat at any time.

Federal Register, Volume 82 Issue 85 (Thursday, May 4, 2017)

[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Proposed Rules]
[Pages 20861-20863]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09010]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2017-0018; FXES11130900000 178 FF09E42000]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition To Remove the Bone Cave Harvestman From the List of 
Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on a petition to remove

[[Page 20862]]

the Bone Cave harvestman (Texella reyesi) from the List of Endangered 
and Threatened Wildlife (i.e., ``delist'' the species) under the 
Endangered Species Act of 1973, as amended (Act). Based on our review, 
we find that the petition does not present substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted. However, we ask the public to submit to us any new 
information that becomes available concerning the status of, or threats 
to, the Bone Cave harvestman or its habitat at any time.

DATES: The finding announced in this document was made on May 4, 2017.

ADDRESSES: A copy of the petition is available on http://www.regulations.gov under Docket No. FWS-R2-ES-2017-0018, or by request 
from the person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Adam Zerrenner, Field Supervisor, 
Austin Ecological Services Field Office, 10711 Burnet Road, Suite 200, 
Austin, TX 78758; telephone 512-490-0057; or facsimile 512-490-0974. If 
you use a telecommunications device for the deaf (TDD), please call the 
Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

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.
    At the time we received the petition discussed below (June 2, 
2014), the standard for substantial scientific or commercial 
information with regard to this 90-day petition finding was ``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 delisted for one 
of three reasons: Extinction, recovery, or the original data for 
classification were in error. A species may be determined to be an 
endangered or threatened species for the purpose of listing, or 
recovered for the purpose of delisting, as result of an assessment of 
the five factors described in section 4(a)(1) of the Act.

Evaluation of a Petition To Delist the Bone Cave Harvestman, Which Is 
Listed as an Endangered Species Under the Act

Species and Range

    The Bone Cave harvestman (Texella reyesi) occurs in Travis and 
Williamson Counties, Texas, and was listed as an endangered species on 
September 16, 1988 (53 FR 36029). See 58 FR 43818, August 18, 1993, for 
more information.

Petition History

    On June 2, 2014, we received a petition from John Yearwood, Kathryn 
Heidemann, Charles and Cheryl Shell, the Walter Sidney Shell Management 
Trust, the American Stewards of Liberty, and Steven W. Carothers 
requesting that we remove the endangered Bone Cave harvestman from the 
Federal List of Endangered and Threatened Wildlife. The petition 
clearly identified itself as a petition and included the requisite 
identification information for the petitioners, as required at that 
time in 50 CFR 424.14(a). The Service and National Marine Fisheries 
Service (``Services'') revised the regulations at 50 CFR 424.14 to 
clarify the procedures under which the Services evaluate petitions 
effective October 27, 2016 (81 FR 66462; September 27, 2016). We 
originally received the petition that is the subject of this document 
on June 2, 2014, with supplemental information received on October 6, 
2016. We, therefore, evaluated this petition under the 50 CFR 424.14 
requirements that were in effect prior to October 27, 2016, as those 
requirements applied when the petition and supplemental information 
were received. At that time, our standard for substantial scientific or 
commercial information within the Code of Federal Regulations (CFR) 
with regard to a 90-day petition finding was ``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)(1)). On June 1, 2015, the Service published a 90-day finding 
in the Federal Register (80 FR 30990) that the petition did not present 
substantial scientific or commercial information indicating that the 
petitioned action was warranted. On December 15, 2015, the American 
Stewards of Liberty, Charles and Cheryl Shell, Walter Sidney Shell 
Management Trust, Kathryn Heidemann, and Robert V. Harrison, Sr., 
challenged the June 1, 2015, 90-day finding in Federal district court. 
The Service sought the court's permission to reconsider the 90-day 
finding. On December 22, 2016, the court ordered the Service to 
complete a 90-day finding and deliver that finding to the Federal 
Register on or before March 31, 2017, and subsequently extended to May 
1, 2017. This finding addresses the court's order and the 2014 
petition.
    Recently, we began publishing multiple 90-day petition findings in 
a single, batched Federal Register notice and using a template format 
for supplementary information for each finding, to ensure consistency 
and transparency among findings. We are providing the supporting 
information for this finding in both the former single-petition Federal 
Register notice format that was used for the prior finding, and the new 
batched-notice template format. Both of these rely on identical 
information and can be found along with this Federal Register notice at 
Docket No. FWS-R2-ES-2017-0018. The prior traditional Federal Register 
notice also includes some additional information not included in the 
petition review form with respect to information such as 
representation, redundancy, and resilience.

Finding

    Based on our review of the petition, sources cited in the petition, 
and the additional information provided, we find that the petition does 
not present substantial scientific or commercial information indicating 
that delisting the Bone Cave harvestman may be warranted. Although this 
finding ends our formal consideration of the petition, we are in the 
process of conducting a species status assessment and 5-year status 
review of the Bone Cave harvestman. Specifically, section 4(c)(2)(A) of 
the Act requires us to review each listed species' status at least once 
every 5 years. On April 15, 2015, we published a notice in the Federal 
Register initiating this review (80 FR 20241). The purpose of a 5-year 
review is to ensure that listed species have the appropriate level of 
protection under the Act. In this case, we are developing a species 
status assessment as a tool to inform the 5-year status review. The 5-
year review will consider whether the species' status has changed since 
the time of its listing or its last status review and whether it should 
be reclassified as threatened or delisted. We invite the public, 
including the petitioners and

[[Page 20863]]

other interested parties, to submit new data and information for 
consideration in this ongoing process.
    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-R2-ES-2017-0018 in the 
Supporting Documents section. This 90-day finding supersedes the 
Service's previous June 1, 2015, 90-day finding, and is made pursuant 
to the court's December 22, 2016, order; the 2014 petition; and the 
additional reference materials accompanying the petition.

References Cited

    A complete list of references cited is available on the Internet at 
http://www.regulations.gov and upon request from the Austin Ecological 
Services Field Office (see FOR FURTHER INFORMATION CONTACT, above).

Authors

    The primary authors of this notice are staff members of the Austin 
Ecological Services Field Office.

Authority

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

    Dated: March 20, 2017.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-09010 Filed 5-3-17; 8:45 am]
BILLING CODE 4333-15-P

20862 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Proposed Rules

the Bone Cave harvestman (Texella recovery, or the original data for Stewards of Liberty, Charles and Cheryl
reyesi) from the List of Endangered and classification were in error. A species Shell, Walter Sidney Shell Management
Threatened Wildlife (i.e., ‘‘delist’’ the may be determined to be an endangered Trust, Kathryn Heidemann, and Robert
species) under the Endangered Species or threatened species for the purpose of V. Harrison, Sr., challenged the June 1,
Act of 1973, as amended (Act). Based on listing, or recovered for the purpose of 2015, 90-day finding in Federal district
our review, we find that the petition delisting, as result of an assessment of court. The Service sought the court’s
does not present substantial scientific or the five factors described in section permission to reconsider the 90-day
commercial information indicating that 4(a)(1) of the Act. finding. On December 22, 2016, the
the petitioned action may be warranted. court ordered the Service to complete a
However, we ask the public to submit to Evaluation of a Petition To Delist the 90-day finding and deliver that finding
us any new information that becomes Bone Cave Harvestman, Which Is Listed to the Federal Register on or before
available concerning the status of, or as an Endangered Species Under the March 31, 2017, and subsequently
threats to, the Bone Cave harvestman or Act extended to May 1, 2017. This finding
its habitat at any time. Species and Range addresses the court’s order and the 2014
DATES: The finding announced in this petition.
The Bone Cave harvestman (Texella Recently, we began publishing
document was made on May 4, 2017. reyesi) occurs in Travis and Williamson
ADDRESSES: A copy of the petition is multiple 90-day petition findings in a
Counties, Texas, and was listed as an single, batched Federal Register notice
available on http://www.regulations.gov endangered species on September 16,
under Docket No. FWS–R2–ES–2017– and using a template format for
1988 (53 FR 36029). See 58 FR 43818, supplementary information for each
0018, or by request from the person August 18, 1993, for more information.
listed under FOR FURTHER INFORMATION finding, to ensure consistency and
CONTACT. Petition History transparency among findings. We are
providing the supporting information
FOR FURTHER INFORMATION CONTACT: On June 2, 2014, we received a
for this finding in both the former
Adam Zerrenner, Field Supervisor, petition from John Yearwood, Kathryn
single-petition Federal Register notice
Austin Ecological Services Field Office, Heidemann, Charles and Cheryl Shell,
format that was used for the prior
10711 Burnet Road, Suite 200, Austin, the Walter Sidney Shell Management
finding, and the new batched-notice
TX 78758; telephone 512–490–0057; or Trust, the American Stewards of
template format. Both of these rely on
facsimile 512–490–0974. If you use a Liberty, and Steven W. Carothers identical information and can be found
telecommunications device for the deaf requesting that we remove the along with this Federal Register notice
(TDD), please call the Federal Relay endangered Bone Cave harvestman from at Docket No. FWS–R2–ES–2017–0018.
Service at 800–877–8339. the Federal List of Endangered and The prior traditional Federal Register
SUPPLEMENTARY INFORMATION: Threatened Wildlife. The petition notice also includes some additional
clearly identified itself as a petition and information not included in the petition
Background included the requisite identification review form with respect to information
Section 4(b)(3)(A) of the Act requires information for the petitioners, as such as representation, redundancy, and
that we make a finding on whether a required at that time in 50 CFR resilience.
petition to list, delist, or reclassify a 424.14(a). The Service and National
species presents substantial scientific or Marine Fisheries Service (‘‘Services’’) Finding
commercial information indicating that revised the regulations at 50 CFR 424.14 Based on our review of the petition,
the petitioned action may be warranted. to clarify the procedures under which sources cited in the petition, and the
To the maximum extent practicable, we the Services evaluate petitions effective additional information provided, we
are to make this finding within 90 days October 27, 2016 (81 FR 66462; find that the petition does not present
of our receipt of the petition and September 27, 2016). We originally substantial scientific or commercial
publish our notice of the finding received the petition that is the subject information indicating that delisting the
promptly in the Federal Register. of this document on June 2, 2014, with Bone Cave harvestman may be
At the time we received the petition supplemental information received on warranted. Although this finding ends
discussed below (June 2, 2014), the October 6, 2016. We, therefore, our formal consideration of the petition,
standard for substantial scientific or evaluated this petition under the 50 CFR we are in the process of conducting a
commercial information with regard to 424.14 requirements that were in effect species status assessment and 5-year
this 90-day petition finding was ‘‘that prior to October 27, 2016, as those status review of the Bone Cave
amount of information that would lead requirements applied when the petition harvestman. Specifically, section
a reasonable person to believe that the and supplemental information were 4(c)(2)(A) of the Act requires us to
measure proposed in the petition may received. At that time, our standard for review each listed species’ status at least
be warranted’’ (50 CFR 424.14(b)). If we substantial scientific or commercial once every 5 years. On April 15, 2015,
find that a petition presents substantial information within the Code of Federal we published a notice in the Federal
scientific or commercial information, Regulations (CFR) with regard to a 90- Register initiating this review (80 FR
we are required to promptly commence day petition finding was ‘‘that amount 20241). The purpose of a 5-year review
a review of the status of the species, and of information that would lead a is to ensure that listed species have the
we will subsequently summarize the reasonable person to believe that the appropriate level of protection under
measure proposed in the petition may the Act. In this case, we are developing
pmangrum on DSK3GDR082PROD with PROPOSALS

status review in our 12-month finding.
Section 4 of the Act (16 U.S.C. 1533) be warranted’’ (50 CFR 424.14(b)(1)). On a species status assessment as a tool to
and its implementing regulations at 50 June 1, 2015, the Service published a inform the 5-year status review. The 5-
CFR part 424 set forth the procedures 90-day finding in the Federal Register year review will consider whether the
for adding a species to, or removing a (80 FR 30990) that the petition did not species’ status has changed since the
species from, the Federal Lists of present substantial scientific or time of its listing or its last status review
Endangered and Threatened Wildlife commercial information indicating that and whether it should be reclassified as
and Plants. A species may be delisted the petitioned action was warranted. On threatened or delisted. We invite the
for one of three reasons: Extinction, December 15, 2015, the American public, including the petitioners and

VerDate Sep<11>2014 13:03 May 03, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\04MYP1.SGM 04MYP1

$Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Proposed Rules 20863 other interested parties, to submit new petition; and the additional reference Authority data and information for consideration materials accompanying the petition. in this ongoing process. The authority for this action is the References Cited Endangered Species Act of 1973, as The basis for our finding on this A complete list of references cited is amended (16 U.S.C. 1531 et seq.). petition, and other information available on the Internet at http:// regarding our review of this petition can Dated: March 20, 2017. www.regulations.gov and upon request be found as an appendix at http:// James W. Kurth, from the Austin Ecological Services www.regulations.gov under Docket No. Field Office (see FOR FURTHER Acting Director, U.S. Fish and Wildlife FWS–R2–ES–2017–0018 in the INFORMATION CONTACT, above). Service. Supporting Documents section. This 90- [FR Doc. 2017–09010 Filed 5–3–17; 8:45 am] day finding supersedes the Service’s Authors BILLING CODE 4333–15–P previous June 1, 2015, 90-day finding, The primary authors of this notice are and is made pursuant to the court’s staff members of the Austin Ecological December 22, 2016, order; the 2014 Services Field Office. pmangrum on DSK3GDR082PROD with PROPOSALS VerDate Sep<11>2014 13:03 May 03, 2017 Jkt 241001 PO 00000 Frm 00020 Fmt 4702 Sfmt 9990 E:\FR\FM\04MYP1.SGM 04MYP1$

Document Created: 2017-05-04 01:48:58
Document Modified: 2017-05-04 01:48:58

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 90-day petition finding.
Dates		The finding announced in this document was made on May 4, 2017.
Contact		Adam Zerrenner, Field Supervisor, Austin Ecological Services Field Office, 10711 Burnet Road, Suite 200, Austin, TX 78758; telephone 512-490-0057; or facsimile 512-490-0974. If you use a telecommunications device for the deaf (TDD), please call the Federal Relay Service at 800-877-8339.
FR Citation		82 FR 20861

82 FR 20861 - Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Remove the Bone Cave Harvestman From the List of Endangered and Threatened Wildlife

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 82, Issue 85 (May 4, 2017)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service