82 FR 61725 - Endangered and Threatened Wildlife and Plants; 12-Month Findings on Petitions To List a Species and Remove a Species From the Federal Lists of Endangered and Threatened Wildlife and Plants
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 249 (December 29, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 249 (December 29, 2017)
| Page Range | 61725-61727 | |
| FR Document | 2017-28163 |
[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)] [Proposed Rules] [Pages 61725-61727] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-28163] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [4500090022] Endangered and Threatened Wildlife and Plants; 12-Month Findings on Petitions To List a Species and Remove a Species From the Federal Lists of Endangered and Threatened Wildlife and Plants AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of 12-month petition findings. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 12- month findings on petitions to list a species as an endangered or threatened species and remove a species from the Federal Lists of Endangered and Threatened Wildlife and Plants (List or Lists) under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to add the beaverpond marstonia to the Lists or remove the southwestern willow flycatcher from the List. However, we ask the public to submit to us at any time any new information that becomes available relevant to the status of either of the species listed above or their habitats. DATES: The findings in this document were made on December 29, 2017. ADDRESSES: Detailed descriptions of the basis for each of these findings are available on the internet at http://www.regulations.gov under the following docket numbers: ------------------------------------------------------------------------ Species Docket number ------------------------------------------------------------------------ Beaverpond marstonia..................... FWS-R4-ES-2017-0090 Southwestern willow flycatcher........... FWS-R2-ES-2016-0039 ------------------------------------------------------------------------ Supporting information used to prepare these findings is available for public inspection, by appointment, during normal business hours, by contacting the appropriate person, as specified under FOR FURTHER INFORMATION CONTACT. Please submit any new information, materials, comments, or questions concerning these findings to the appropriate person, as specified under FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: ------------------------------------------------------------------------ Species Contact information ------------------------------------------------------------------------ Beaverpond marstonia......... Don Imm, Field Supervisor, Georgia Ecological Services Field Office, 706- 613-9493, ext. 230. Southwestern willow Steve Spangle, Field Supervisor, Arizona flycatcher. Ecological Services Field Office, 602- 242-0210. ------------------------------------------------------------------------ [[Page 61726]] If you use a telecommunications device for the deaf (TDD), please call the Federal Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: Background We are required to make a finding whether or not the petitioned action is warranted within 12 months after receiving any petition we determined contained substantial scientific or commercial information indicating that the petitioned action may be warranted (section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.) (``12-month finding''). We must make a finding that the petitioned action is: (1) Not warranted; (2) warranted; or (3) warranted but precluded. ``Warranted but precluded'' means that (a) the petitioned action is warranted, but the immediate proposal of a regulation implementing the petitioned action is precluded by other pending proposals to determine whether species are endangered or threatened species, and (b) expeditious progress is being made to add qualified species to the Lists and to remove from the Lists species for which the protections of the Act are no longer necessary. Section 4(b)(3)(C) of the Act requires that we treat a petition for which the requested action is found to be warranted but precluded as though resubmitted on the date of such finding, that is, requiring that a subsequent finding be made within 12 months of that date. We must publish these 12-month findings in the Federal Register. Summary of Information Pertaining to the Five Factors Section 4 of the Act (16 U.S.C. 1533) and the implementing regulations at part 424 of title 50 of the Code of Federal Regulations (50 CFR part 424) set forth procedures for adding species to, removing species from, or reclassifying species on the Lists. The Act defines ``endangered species'' as any species that is in danger of extinction throughout all or a significant portion of its range (16 U.S.C. 1532(6)), and ``threatened species'' as any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range (16 U.S.C. 1532(20)). Under section 4(a)(1) of the Act, a species may be determined to be an endangered species or a threatened species because of any of the following five factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) Overutilization for commercial, recreational, scientific, or educational purposes; (C) Disease or predation; (D) The inadequacy of existing regulatory mechanisms; or (E) Other natural or manmade factors affecting its continued existence. In considering whether a species may meet the definition of a threatened species or an endangered species because of any of the five factors, we must look beyond the mere exposure of the species to the stressor to determine whether the species responds to the stressor in a way that causes actual impacts to the species. If there is exposure to a stressor, but no response, or only a positive response, that stressor does not cause a species to meet the definition of a threatened species or an endangered species. If there is exposure and the species responds negatively, we determine whether that stressor drives or contributes to the risk of extinction of the species such that the species warrants listing as an endangered or threatened species. The mere identification of stressors that could affect a species negatively is not sufficient to compel a finding that listing is or remains warranted. For a species to be listed or remain listed, we require evidence that these stressors are operative threats to the species and its habitat, either singly or in combination, to the point that the species meets the definition of an endangered or a threatened species under the Act. In conducting our evaluation of the five factors provided in section 4(a)(1) of the Act to determine whether the beaverpond marstonia and southwestern willow flycatcher meet the definition of ``endangered species'' or ``threatened species,'' we considered and thoroughly evaluated the best scientific and commercial information available regarding the past, present, and future stressors and threats. We reviewed the petitions, information available in our files, and other available published and unpublished information. These evaluations may include information from recognized experts; Federal, State, and tribal governments; academic institutions; foreign governments; private entities; and other members of the public. The species assessment form for the beaverpond marstonia and the 12-month finding assessment for the southwestern willow flycatcher contain more detailed biological information, a thorough analysis of the listing factors, and an explanation of why we determined that these species do not meet the definition of an endangered species or threatened species. This supporting information can be found on the internet at http://www.regulations.gov under the appropriate docket number (see ADDRESSES, above). The following are informational summaries for each of the findings in this notice. Beaverpond marstonia (Marstonia castor) Previous Federal Actions On April 20, 2010, we received a petition from the Center for Biological Diversity, Alabama Rivers Alliance, Clinch Coalition, Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council, and West Virginia Highlands Conservancy, requesting that the beaverpond marstonia be listed as an endangered or threatened species under the Act. On September 27, 2011, we published a 90-day finding in the Federal Register (76 FR 59836) concluding that the petition presented substantial information indicating that listing the beaverpond marstonia may be warranted. Subsequently, we entered into a stipulated settlement agreement with the Center for Biological Diversity that required us to submit a 12-month finding to the Federal Register by December 31, 2017. This notice constitutes the 12-month finding on the April 20, 2010, petition to list the beaverpond marstonia under the Act. Summary of Finding The beaverpond marstonia is a freshwater snail in the Hydrobiidae family. The tan-colored shell of the beaverpond marstonia is less than 4 millimeters (mm) (0.2 inches (in)) in length. The species has been found at only three creeks in Georgia, and, like other members of its family, it has limited dispersal capabilities and a narrow distribution in a local drainage system. Little is known about the biology and ecology of the beaverpond marstonia, but in the creeks where it was located, it was found primarily by clumps of vegetation in shallow, clear water with a slight current. In this fragile habitat, the beaverpond marstonia relies on fine particulate organic matter and aquatic microorganisms as its primary food sources. The beaverpond marstonia was last observed in 2000. Repeated surveys for the species, starting in 2014 through March of 2017, in the locations where it was previously found and in surrounding areas with similar habitat have yielded no specimens. Based on both the results of repeated species surveys by qualified species experts at all three historical locations and suitable habitat in surrounding areas, the best available science indicates there are no extant populations of beaverpond marstonia. [[Page 61727]] Therefore, we believe the beaverpond marstonia to be extinct. As a result, the beaverpond marstonia does not fall within the statutory definition of either a threatened species or an endangered species and, accordingly, does not warrant listing under the Act. A detailed discussion of the basis for this finding can be found in the beaverpond marstonia species assessment form and other supporting documents (see ADDRESSES, above). Southwestern Willow Flycatcher (Empidonax traillii extimus) Previous Federal Actions The southwestern willow flycatcher was listed as an endangered species under the Act on February 27, 1995 (60 FR 10694). On August 20, 2015, we received a petition 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 be removed from the Federal List of Endangered and Threatened Wildlife under the Act. On March 16, 2016, we published a 90-day finding in the Federal Register (81 FR 14058) concluding that the petition presented substantial information indicating that removing the southwestern willow flycatcher may be warranted based on information related to the taxonomic status. This notice constitutes the 12-month finding on the August 19, 2015, petition to remove the southwestern willow flycatcher from the List. Summary of Finding The southwestern willow flycatcher is a small, neotropical migrant bird that grows to about 15 centimeters (cm) (6 in) in length. During its breeding season from about May to September, this subspecies of willow flycatcher is found in the southwestern United States in parts of California, Nevada, Utah, Colorado, Arizona, New Mexico, and Texas. The southwestern willow flycatcher breeds in areas from near sea level to over 2,600 meters (m) (8,500 feet (ft)) in vegetation alongside rivers, streams, or other wetlands. It establishes nesting territories, builds nests, and forages in mosaics of relatively dense and expansive growths of trees and shrubs, near or adjacent to surface water or underlain by saturated soil. The subspecies eats a wide range of terrestrial and aquatic invertebrates including flying and ground- and vegetation-dwelling insects. We evaluated the subspecies classification and all relevant stressors under the five factors, including any regulatory mechanisms and conservation measures addressing these stressors. In our evaluation of the subspecies classification, we considered information provided in the petition suggesting that the southwestern willow flycatcher is not a valid subspecies, reports and literature (including more recent quantitative data), the professional opinion of a broad group of ornithological organizations, and additional analyses of recent flycatcher studies evaluating diagnostic subspecies characteristics. We found that the southwestern willow flycatcher is a valid subspecies and that the following threats are acting on the subspecies such that it continues to meet the definition of an endangered species under the Act: habitat loss and modification caused by dams and reservoirs, diversion and groundwater pumping, invasive plants and beetles, river management, urbanization, agricultural development, livestock grazing and management, fire and fire management, cowbird parasitism, and recreation (Factor A); other natural or manmade factors including drought and the effects of climate change, vulnerability of small or isolated populations, and genetic effects (Factor E); and cumulative effects of these threats. The existing regulatory mechanisms are not adequate to ameliorate these threats (Factor D). Therefore, we find that removing the southwestern willow flycatcher from the List is not warranted. A detailed discussion of the basis for this finding can be found in the southwestern willow flycatcher 12-month finding assessment and other supporting documents (see ADDRESSES, above). New Information We request that you submit any new information concerning the taxonomy, biology, ecology, status of, or stressors to, the southwestern willow flycatcher. We further request that you contact us as soon as possible if new information becomes available suggesting specimens of beaverpond marstonia have been located. Please contact the appropriate person, as specified under FOR FURTHER INFORMATION CONTACT, whenever it becomes available. New information will help us monitor the species and make appropriate decisions about their conservation and status. We encourage local agencies and stakeholders to continue cooperative monitoring and conservation efforts. References Cited Lists of the references cited in the petition findings are available on the internet at http://www.regulations.gov in the dockets listed above in ADDRESSES and upon request from the appropriate person, as specified under FOR FURTHER INFORMATION CONTACT. Authors The primary authors of this document are the staff members of the Species Assessment Team, Ecological Services Program. Authority The authority for this action is section 4 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: December 3, 2017. James W. Kurth, Deputy Director, U.S. Fish and Wildlife Service, Exercising the Authority of the Director, U.S. Fish and Wildlife Service. [FR Doc. 2017-28163 Filed 12-28-17; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Proposed Rules 61725
FEDERAL COMMUNICATIONS and Order, MB Docket No. 16–320, ACTION: Notice of 12-month petition
COMMISSION adopted November 9, 2017, and released findings.
November 9, 2017. The full text of this
47 CFR Part 73 Commission decision is available for SUMMARY: We, the U.S. Fish and
[DA 17–1099; MB Docket No. 16–320; RM– inspection and copying during normal Wildlife Service (Service), announce 12-
11774] business hours in the FCC’s Reference month findings on petitions to list a
Information Center at Portals II, CY– species as an endangered or threatened
Radio Broadcasting Services; Gaylord, A257, 445 12th Street SW, Washington, species and remove a species from the
Michigan DC 20554. The full text is also available Federal Lists of Endangered and
online at http://apps.fcc.gov/ecfs/. This Threatened Wildlife and Plants (List or
AGENCY: Federal Communications
document does not contain information
Commission. Lists) under the Endangered Species Act
collection requirements subject to the
ACTION: Proposed rule; dismissal. of 1973, as amended (Act). After a
Paperwork Reduction Act of 1995,
thorough review of the best available
SUMMARY: The Audio Division dismisses Public Law 104–13. This document is
not subject to the Congressional Review scientific and commercial information,
the petition for rulemaking filed by N we find that it is not warranted at this
Content Marketing, LLC (Petitioner), Act. (The Commission is not required to
submit a copy of this Report and Order time to add the beaverpond marstonia to
proposing to amend the FM Table of
to Government Accountability Office, the Lists or remove the southwestern
Allotments, by allotting Channel 246C2
at Gaylord, Michigan. Petitioner did not pursuant to the Congressional Review willow flycatcher from the List.
file comments expressing a continuing Act, see 5 U.S.C. 801(a)(1)(A) since the However, we ask the public to submit to
interest in the proposed Gaylord proposed petition for rule making is us at any time any new information that
allotment. It is the Commission’s policy dismissed). becomes available relevant to the status
to refrain from making an allotment to Federal Communications Commission.
of either of the species listed above or
a community absent an expression of their habitats.
Nazifa Sawez,
interest. Roy E. Henderson and Great Assistant Chief, Audio Division, Media DATES:The findings in this document
Northern Broadcasting, Inc., jointly Bureau. were made on December 29, 2017.
(Joint Counterpropsal), as well as Smile [FR Doc. 2017–27115 Filed 12–28–17; 8:45 am]
FM, separately, submitted ADDRESSES: Detailed descriptions of the
BILLING CODE 6712–01–P
counterproposals. The Joint basis for each of these findings are
Counterproposal is dismissed and Smile available on the internet at http://
FM is given the opportunity to file its www.regulations.gov under the
counterproposal as a petition for DEPARTMENT OF THE INTERIOR
following docket numbers:
rulemaking within 60 days for
Fish and Wildlife Service
consideration in a new proceeding. We
will not allot Channel 246C2 at Gaylord,
Michigan. 50 CFR Part 17
DATES: This document was released on [4500090022]
November 9, 2017.
ADDRESSES: Federal Communications Endangered and Threatened Wildlife
Commission, 445 12th Street SW, and Plants; 12-Month Findings on
Washington, DC 20554. Petitions To List a Species and
Remove a Species From the Federal
FOR FURTHER INFORMATION CONTACT:
Lists of Endangered and Threatened
Adrienne Y. Denysyk, Media Bureau,
Wildlife and Plants
(202) 418–2700.
SUPPLEMENTARY INFORMATION: This is a AGENCY: Fish and Wildlife Service,
synopsis of the Commission’s Report Interior.
Species Docket number
Beaverpond marstonia .......................................................................................... FWS–R4–ES–2017–0090
Southwestern willow flycatcher ............................................................................. FWS–R2–ES–2016–0039
Supporting information used to specified under FOR FURTHER under FOR FURTHER INFORMATION
prepare these findings is available for INFORMATION CONTACT. Please submit any CONTACT.
public inspection, by appointment, new information, materials, comments,
during normal business hours, by or questions concerning these findings FOR FURTHER INFORMATION CONTACT:
contacting the appropriate person, as to the appropriate person, as specified
Species Contact information
ethrower on DSK3G9T082PROD with PROPOSALS
Beaverpond marstonia ........................................ Don Imm, Field Supervisor, Georgia Ecological Services Field Office, 706–613–9493, ext. 230.
Southwestern willow flycatcher ........................... Steve Spangle, Field Supervisor, Arizona Ecological Services Field Office, 602–242–0210.
VerDate Sep<11>2014 15:55 Dec 28, 2017 Jkt 244001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\29DEP1.SGM 29DEP1](https://thefederalregister.org/doc/82_FR_61974/page/1.svg)
![Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Proposed Rules 61727
Therefore, we believe the beaverpond parts of California, Nevada, Utah, southwestern willow flycatcher from the
marstonia to be extinct. As a result, the Colorado, Arizona, New Mexico, and List is not warranted. A detailed
beaverpond marstonia does not fall Texas. discussion of the basis for this finding
within the statutory definition of either The southwestern willow flycatcher can be found in the southwestern
a threatened species or an endangered breeds in areas from near sea level to willow flycatcher 12-month finding
species and, accordingly, does not over 2,600 meters (m) (8,500 feet (ft)) in assessment and other supporting
warrant listing under the Act. A detailed vegetation alongside rivers, streams, or documents (see ADDRESSES, above).
discussion of the basis for this finding other wetlands. It establishes nesting
territories, builds nests, and forages in New Information
can be found in the beaverpond
marstonia species assessment form and mosaics of relatively dense and We request that you submit any new
other supporting documents (see expansive growths of trees and shrubs, information concerning the taxonomy,
ADDRESSES, above). near or adjacent to surface water or biology, ecology, status of, or stressors
underlain by saturated soil. The to, the southwestern willow flycatcher.
Southwestern Willow Flycatcher subspecies eats a wide range of We further request that you contact us
(Empidonax traillii extimus) terrestrial and aquatic invertebrates as soon as possible if new information
Previous Federal Actions including flying and ground- and becomes available suggesting specimens
vegetation-dwelling insects. of beaverpond marstonia have been
The southwestern willow flycatcher We evaluated the subspecies located. Please contact the appropriate
was listed as an endangered species classification and all relevant stressors person, as specified under FOR FURTHER
under the Act on February 27, 1995 (60 under the five factors, including any INFORMATION CONTACT, whenever it
FR 10694). On August 20, 2015, we regulatory mechanisms and becomes available. New information
received a petition from The Pacific conservation measures addressing these will help us monitor the species and
Legal Foundation (representing The stressors. In our evaluation of the make appropriate decisions about their
Center for Environmental Science, subspecies classification, we considered conservation and status. We encourage
Accuracy, and Reliability, Building information provided in the petition local agencies and stakeholders to
Industry Legal Defense Fund, California suggesting that the southwestern willow continue cooperative monitoring and
Building Industry Association, flycatcher is not a valid subspecies, conservation efforts.
California Cattlemen’s Association, New reports and literature (including more
Mexico Business Coalition, New Mexico recent quantitative data), the References Cited
Cattle Growers Association, New professional opinion of a broad group of Lists of the references cited in the
Mexico Farm and Livestock Bureau, and ornithological organizations, and petition findings are available on the
New Mexico Wool Growers Inc.), additional analyses of recent flycatcher internet at http://www.regulations.gov
requesting that the southwestern willow studies evaluating diagnostic subspecies in the dockets listed above in ADDRESSES
flycatcher be removed from the Federal characteristics. We found that the
and upon request from the appropriate
List of Endangered and Threatened southwestern willow flycatcher is a
person, as specified under FOR FURTHER
Wildlife under the Act. On March 16, valid subspecies and that the following
INFORMATION CONTACT.
2016, we published a 90-day finding in threats are acting on the subspecies such
the Federal Register (81 FR 14058) that it continues to meet the definition Authors
concluding that the petition presented of an endangered species under the Act:
The primary authors of this document
substantial information indicating that habitat loss and modification caused by
are the staff members of the Species
removing the southwestern willow dams and reservoirs, diversion and
Assessment Team, Ecological Services
flycatcher may be warranted based on groundwater pumping, invasive plants
Program.
information related to the taxonomic and beetles, river management,
status. This notice constitutes the 12- urbanization, agricultural development, Authority
month finding on the August 19, 2015, livestock grazing and management, fire
The authority for this action is section
petition to remove the southwestern and fire management, cowbird
4 of the Endangered Species Act of
willow flycatcher from the List. parasitism, and recreation (Factor A);
1973, as amended (16 U.S.C. 1531 et
other natural or manmade factors
Summary of Finding seq.).
including drought and the effects of
The southwestern willow flycatcher is climate change, vulnerability of small or Dated: December 3, 2017.
a small, neotropical migrant bird that isolated populations, and genetic effects James W. Kurth,
grows to about 15 centimeters (cm) (6 (Factor E); and cumulative effects of Deputy Director, U.S. Fish and Wildlife
in) in length. During its breeding season these threats. The existing regulatory Service, Exercising the Authority of the
from about May to September, this mechanisms are not adequate to Director, U.S. Fish and Wildlife Service.
subspecies of willow flycatcher is found ameliorate these threats (Factor D). [FR Doc. 2017–28163 Filed 12–28–17; 8:45 am]
in the southwestern United States in Therefore, we find that removing the BILLING CODE 4333–15–P
ethrower on DSK3G9T082PROD with PROPOSALS
VerDate Sep<11>2014 15:55 Dec 28, 2017 Jkt 244001 PO 00000 Frm 00030 Fmt 4702 Sfmt 9990 E:\FR\FM\29DEP1.SGM 29DEP1](https://thefederalregister.org/doc/82_FR_61974/page/3.svg)
Document Created: 2018-01-03 13:16:54
Document Modified: 2018-01-03 13:16:54
| 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 12-month petition findings. | |
| Dates | The findings in this document were made on December 29, 2017. | |
| Contact | Species Contact information | |
| FR Citation | 82 FR 61725 |
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