83 FR 16819 - Endangered and Threatened Wildlife and Plants; 90-Day Findings for Two Species
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 74 (April 17, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 74 (April 17, 2018)
| Page Range | 16819-16822 | |
| FR Document | 2018-07707 |
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)] [Proposed Rules] [Pages 16819-16822] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07707] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [4500030115] Endangered and Threatened Wildlife and Plants; 90-Day Findings for Two Species AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of petition findings and initiation of a status review. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on two petitions to list, reclassify, or delist wildlife or plants under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that one petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. Therefore, with the publication of this document, we announce that we plan to initiate a review of the status of that species to determine if the petitioned action is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether or not the petitioned action is warranted, in accordance with the Act. We also find that one petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted. Therefore, we are not initiating a status review of this species in response to that petition. We refer to this finding as a ``not substantial'' petition finding. DATES: These findings were made on April 17, 2018. As we commence work on the status review, we seek any new information concerning the status of, or threats to, the species or its habitat. Any information received during our work on the status review will be considered. ADDRESSES: Supporting documents: Summaries of the bases for the petition findings contained in this document are [[Page 16820]] available on http://www.regulations.gov under the appropriate docket number (see table 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 FOR FURTHER INFORMATION CONTACT. Submitting information: If you have new scientific or commercial data or other information concerning the status of, or threats to, the species for which we made these petition findings, or their habitats, please submit that information 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 1 under SUPPLEMENTARY INFORMATION). Then, click on the Search button. After finding the correct document, 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 1 under 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 we receive 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, below, for more information). Not-substantial petition finding: A summary of the basis for the not-substantial petition finding contained in this document is available on http://www.regulations.gov under the appropriate docket number (see Table 2 under SUPPLEMENTARY INFORMATION). Supporting information in preparing this finding is available for public inspection, by appointment, during normal business hours by contacting the appropriate person, as specified under FOR FURTHER INFORMATION CONTACT. If you have new information concerning the status of, or threats to, this species, or its habitat, please submit that information to the appropriate person. FOR FURTHER INFORMATION CONTACT: ------------------------------------------------------------------------ Common name Contact person ------------------------------------------------------------------------ Cape mountain zebra.................... Bridget Fahey, 703-358-2163; [email protected]. Preble's meadow jumping mouse.......... Mike Thabault, 303-236-4210; [email protected]. ------------------------------------------------------------------------ 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 of the Act (16 U.S.C. 1533) and its implementing regulations in title 50 of the Code of Federal Regulations (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 (Lists). Section 4(b)(3)(A) of the Act requires that we make a finding on whether a petition to add a species to the Lists (i.e., ``list''), remove a species from the Lists (i.e., ``delist''), or to change a listed species' status from endangered to threatened, or from threatened to endangered (i.e., ``reclassify'') 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. Our regulations in the Code of Federal Regulations (CFR) establish that substantial scientific or commercial information with regard to a 90-day petition finding refers to ``credible scientific or commercial information in support of the petition's claims such that a reasonable person conducting an impartial scientific review would conclude that the action proposed in the petition may be warranted'' (50 CFR 424.14(h)(1)(i)). 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 (16 U.S.C 1531 et seq.). 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). These factors represent broad categories of natural or human-caused actions or conditions that could have an effect on a species' continued existence. In evaluating these actions and conditions, we look for those that may have a negative effect on individuals of the species, as well as other actions or conditions that may ameliorate any negative effects or may have positive effects. We use the term ``threat'' to refer in general to actions or conditions that are known to or are reasonably likely to negatively affect individuals of a species. The term ``threat'' includes actions or conditions that have a direct impact on individuals (direct impacts), as well as those that affect individuals through alteration of their habitat or required resources (stressors). The term ``threat'' may encompass--either together or separately--the source of the action or condition or the action or condition itself. However, the mere identification of any threat(s) may not be sufficient to compel a finding that the information in the petition is substantial information indicating that the petitioned action may be warranted. The information presented in the petition must include evidence sufficient to suggest that these threats may be affecting the species to the point that the species may meet the definition of an ``endangered'' species or ``threatened'' species under the Act. If we find that a petition presents such information, our subsequent status review will evaluate all identified threats by considering the individual, population, and species-level effects, and the expected response by the species. We will evaluate individual threats and their expected effects on the species, then analyze the cumulative effect of the threats on the species as a whole. We also consider the cumulative effect of the threats in light of those actions and conditions that will have positive effects on the species--such as [[Page 16821]] any existing regulatory mechanisms or conservation efforts that may ameliorate threats. It is only after conducting this cumulative analysis of threats and the actions that may ameliorate them, and the expected effect on the species now and in the foreseeable future, that we can determine whether the species meets the definition of an ``endangered species'' or ``threatened species.'' If we find that a petition presents substantial scientific or commercial information, the Act requires us to promptly commence a review of the status of the species, and we will subsequently complete a status review in accordance with our prioritization methodology for 12-month findings (81 FR 49248; July 27, 2016). Summaries of Petition Findings The petition findings contained in this document are listed in the tables below and the bases for the findings, along with supporting information, are available on http://www.regulations.gov under the appropriate docket number. Table 1--Status Review ---------------------------------------------------------------------------------------------------------------- URL to docket on http:// Common name Docket No. www.regulations.gov. ---------------------------------------------------------------------------------------------------------------- Cape mountain zebra................. FWS-HQ-ES-2017-0100 https://www.regulations.gov/docket?D=FWS-HQ-ES-2017-0100. ---------------------------------------------------------------------------------------------------------------- Table 2--Not-Substantial Petition Finding ---------------------------------------------------------------------------------------------------------------- URL to docket on http:// Common name Docket No. www.regulations.gov ---------------------------------------------------------------------------------------------------------------- Preble's meadow jumping mouse....... FWS-R6-ES-2017-0102 https://www.regulations.gov/docket?D=FWS-R6-ES-2017-0102. ---------------------------------------------------------------------------------------------------------------- Evaluation of a Petition To Delist the Cape Mountain Zebra or Reclassify the Subspecies as a Threatened Species Under the Act Species and Range Cape mountain zebra (Equus zebra zebra): South Africa (Eastern and Western Cape provinces). Petition History On May 10, 2017, we received a petition dated May 10, 2017, from Conservation Force and the Professional Hunters Association of South Africa requesting that we delist the Cape mountain zebra (Equus zebra zebra) or reclassify the subspecies from an endangered species to a threatened species under the Act. The petition clearly identified itself as such and included the requisite identification information for the petitioner, required at 50 CFR 424.14(c). This finding addresses the petition. Finding Based on our review of the petition and sources cited in the petition, we find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted for the Cape mountain zebra due to the reduction or elimination of threats related to the following: Habitat availability (Factor A); commercial and recreational use (Factor B); disease and predation (Factor C); hybridization and inbreeding (Factor E); and the inadequacy of existing regulations with regards to a number of these threats (Factor D) (for information about these factors, see Background, above). However, during our status review, we will thoroughly evaluate all potential threats to the subspecies, including the extent to which any protections or other conservation efforts have reduced those threats. Thus, for this subspecies, the Service requests any information relevant to whether the subspecies falls within the definition of either ``endangered species'' under section 3(6) of the Act or ``threatened species'' under section 3(20) of the Act, including information on the five listing factors under section 4(a)(1) (see Request for Information for Status Reviews, below). The basis for our finding on this petition, and other information regarding our review of the petition, can be found as an appendix at http://www.regulations.gov under Docket No. FWS-HQ-ES-2017-0100 under Supporting Documents. Evaluation of a Petition To Delist the Preble's Meadow Jumping Mouse Under the Act Species and Range Preble's meadow jumping mouse (Zapus hudsonius preblei): Colorado and Wyoming. Petition History On March 30, 2017, we received a petition dated March 29, 2017, from Pacific Legal Foundation (on behalf of Dr. Rob Roy Ramey II; Center for Environmental Science, Accuracy and Reliability; Wyoming Stock Growers Association; Colorado Cattlemen's Association; Colorado Association of Home Builders; and Housing and Building Association of Colorado Springs), requesting that the Preble's meadow jumping mouse be delisted under the Act due to an error in taxonomic information. The petition clearly identified itself as such and included the requisite identification information for the petitioners, required at 50 CFR 424.14(c). This finding addresses the petition. Finding Based on our review of the petition and the source cited in the petition, we find that the petition presents no additional or new information that would support a taxonomic revision for the Preble's mouse or that would indicate that the subspecies is not a valid entity under the Act. Therefore, we find that the petition does not present substantial scientific or commercial information indicating that delisting the Preble's meadow jumping mouse may be warranted. Because the petition does not present substantial information indicating that delisting the Preble's meadow jumping mouse 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 Not-substantial petition finding under ADDRESSES, above). 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-R6-ES-2017-0102 under Supporting Documents. Request for Information for Status Reviews When we make a finding that a petition presents substantial [[Page 16822]] information indicating that listing, reclassification, or delisting of a species may be warranted, we are required to review the status of the species (a status review). For the status review to be complete and based on the best available scientific and commercial information, we request information on the 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 described in section 4(a)(1) of the Act (see Background, above) that are the basis for making a listing, reclassification, or delisting determination for a species under section 4(a) of the Act, 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. (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. 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 the status review by one of the methods listed in ADDRESSES. If you submit information via http://www.regulations.gov, your entire submission--including any personal identifying information--will be posted on the website. 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. 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 information in the petition and sources cited in the petition, as well as information that is readily available, 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. 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 petition summarized above for the Cape mountain zebra presents substantial scientific or commercial information indicating that the petitioned action may be warranted. We are, therefore, initiating a status review to determine whether the action is warranted under the Act. At the conclusion of the status review, we will issue a finding, in accordance with section 4(b)(3)(B) of the Act, as to whether the petitioned action is not warranted, warranted, or warranted but precluded by pending proposals to determine whether any species is an endangered species or a threatened species. In addition, we have determined that the petition summarized above for the Preble's meadow jumping mouse does not present substantial scientific or commercial information indicating that the requested actions may be warranted. Therefore, we are not initiating a status review for this species. Authors The primary authors of this document 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 23, 2018. 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. 2018-07707 Filed 4-16-18; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules 16819
Security Directive 023–01 and the docket, visit http:// Notices to Mariners of any changes in
Commandant Instruction M16475.1D, www.regulations.gov/privacyNotice. the planned schedule.
which guide the Coast Guard in Documents mentioned in this NPRM Dated: April 11, 2018.
complying with the National as being available in the docket, and all
Wayne R. Arguin,
Environmental Policy Act of 1969 (42 public comments, will be in our online
Captain, U.S. Coast Guard, Captain of the
U.S.C. 4321–4370f), and have made a docket at http://www.regulations.gov
Port Sector New Orleans.
preliminary determination that this and can be viewed by following that
[FR Doc. 2018–07908 Filed 4–16–18; 8:45 am]
action is one of a category of actions that website’s instructions. Additionally, if
BILLING CODE 9110–04–P
do not individually or cumulatively you go to the online docket and sign up
have a significant effect on the human for email alerts, you will be notified
environment. This proposed rule when comments are posted or a final
involves a safety zone lasting one hour rule is published. DEPARTMENT OF THE INTERIOR
that would prohibit entry between mile
marker 95 and mile marker 94 on the List of Subjects in 33 CFR Part 165 Fish and Wildlife Service
Lower Mississippi River above Head of Harbors, Marine safety, Navigation
Passes. Normally such actions are (water), Reporting and recordkeeping 50 CFR Part 17
categorically excluded from further requirements, Security measures, [4500030115]
review under paragraph L60(a) of Waterways.
Appendix A, Table 1 of DHS Instruction For the reasons discussed in the Endangered and Threatened Wildlife
Manual 023–01–001–01, Rev. 01. A preamble, the Coast Guard proposes to and Plants; 90-Day Findings for Two
preliminary Record of Environmental amend 33 CFR part 165 as follows: Species
Consideration supporting this
AGENCY: Fish and Wildlife Service,
determination is available in the docket PART 165—REGULATED NAVIGATION
Interior.
where indicated under ADDRESSES. We AREAS AND LIMITED ACCESS AREAS
ACTION: Notice of petition findings and
seek any comments or information that
may lead to the discovery of a ■ 1. The authority citation for part 165 initiation of a status review.
significant environmental impact from continues to read as follows:
SUMMARY: We, the U.S. Fish and
this proposed rule. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Wildlife Service (Service), announce 90-
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; day findings on two petitions to list,
G. Protest Activities Department of Homeland Security Delegation
No. 0170.1.
reclassify, or delist wildlife or plants
The Coast Guard respects the First
under the Endangered Species Act of
Amendment rights of protesters. ■ 2. Add § 165.T08–0331 to read as 1973, as amended (Act). Based on our
Protesters are asked to contact the follows: review, we find that one petition
person listed in the FOR FURTHER
§ 165.T08–0331 Safety Zone; Lower presents substantial scientific or
INFORMATION CONTACT section to
Mississippi River, New Orleans, LA. commercial information indicating that
coordinate protest activities so that your
(a) Location. The following area is a the petitioned action may be warranted.
message can be received without
safety zone: All navigable waters of the Therefore, with the publication of this
jeopardizing the safety or security of
Lower Mississippi River, New Orleans, document, we announce that we plan to
people, places, or vessels.
LA from mile marker (MM) 94 to MM initiate a review of the status of that
V. Public Participation and Request for 95 above Head of Passes. species to determine if the petitioned
Comments (b) Effective period. This section is action is warranted. To ensure that this
We view public participation as effective from 9:45 p.m. through 11 p.m. status review is comprehensive, we are
essential to effective rulemaking, and on June 30, 2018. requesting scientific and commercial
will consider all comments and material (c) Regulations. (1) In accordance with data and other information regarding
received during the comment period. the general regulations in § 165.23 of this species. Based on the status review,
Your comment can help shape the this part, entry into this zone is we will issue a 12-month finding on the
outcome of this rulemaking. If you prohibited unless authorized by the petition, which will address whether or
submit a comment, please include the Captain of the Port Sector New Orleans not the petitioned action is warranted,
docket number for this rulemaking, (COTP) or designated representative. A in accordance with the Act. We also
indicate the specific section of this designated representative is a find that one petition does not present
document to which each comment commissioned, warrant, or petty officer substantial scientific or commercial
applies, and provide a reason for each of the U.S. Coast Guard assigned to information indicating that the
suggestion or recommendation. units under the operational control of petitioned action may be warranted.
We encourage you to submit USCG Sector New Orleans. Therefore, we are not initiating a status
comments through the Federal (2) Vessels requiring entry into this review of this species in response to that
eRulemaking Portal at http:// safety zone must request permission petition. We refer to this finding as a
www.regulations.gov. If your material from the COTP or a designated ‘‘not substantial’’ petition finding.
cannot be submitted using http:// representative. They may be contacted DATES: These findings were made on
www.regulations.gov, contact the person on VHF–FM Channel 16 or 67 or by April 17, 2018. As we commence work
in the FOR FURTHER INFORMATION telephone at (504) 365–2200. on the status review, we seek any new
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CONTACT section of this document for (3) Persons and vessels permitted to information concerning the status of, or
alternate instructions. enter this safety zone must transit at threats to, the species or its habitat. Any
We accept anonymous comments. All their slowest safe speed and comply information received during our work
comments received will be posted with all lawful directions issued by the on the status review will be considered.
without change to http:// COTP or the designated representative. ADDRESSES:
www.regulations.gov and will include (d) Information broadcasts. The COTP Supporting documents: Summaries of
any personal information you have or a designated representative will the bases for the petition findings
provided. For more about privacy and inform the public through Broadcast contained in this document are
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available on http://www.regulations.gov document, you may submit information generally means that we will post any
under the appropriate docket number by clicking on ‘‘Comment Now!’’ If your personal information you provide us
(see table under SUPPLEMENTARY information will fit in the provided (see Request for Information for Status
INFORMATION). Supporting information in comment box, please use this feature of Reviews, below, for more information).
preparing these findings is available for http://www.regulations.gov, as it is most
Not-substantial petition finding: A
public inspection, by appointment, compatible with our information review
summary of the basis for the not-
during normal business hours by procedures. If you attach your
contacting the appropriate person, as information as a separate document, our substantial petition finding contained in
specified in FOR FURTHER INFORMATION preferred file format is Microsoft Word. this document is available on http://
CONTACT. If you attach multiple comments (such www.regulations.gov under the
Submitting information: If you have as form letters), our preferred format is appropriate docket number (see Table 2
new scientific or commercial data or a spreadsheet in Microsoft Excel. under SUPPLEMENTARY INFORMATION).
other information concerning the status (2) By hard copy: Submit by U.S. mail Supporting information in preparing
of, or threats to, the species for which or hand-delivery to: Public Comments this finding is available for public
we made these petition findings, or their Processing, Attn: [Insert appropriate inspection, by appointment, during
habitats, please submit that information docket number; see Table 1 under normal business hours by contacting the
by one of the following methods: SUPPLEMENTARY INFORMATION], U.S. Fish appropriate person, as specified under
(1) Electronically: Go to the Federal and Wildlife Service, MS: BPHC, 5275 FOR FURTHER INFORMATION CONTACT. If
eRulemaking Portal: http:// Leesburg Pike; Falls Church, VA 22041– you have new information concerning
www.regulations.gov. In the Search box, 3803. the status of, or threats to, this species,
enter the appropriate docket number We request that you send information or its habitat, please submit that
(see Table 1 under SUPPLEMENTARY only by the methods described above. information to the appropriate person.
INFORMATION). Then, click on the Search We will post all information we receive
button. After finding the correct on http://www.regulations.gov. This FOR FURTHER INFORMATION CONTACT:
Common name Contact person
Cape mountain zebra ............................................................................... Bridget Fahey, 703–358–2163; bridget_fahey@fws.gov.
Preble’s meadow jumping mouse ............................................................ Mike Thabault, 303–236–4210; michael_thabault@fws.gov.
SUPPLEMENTARY INFORMATION: petition may be warranted’’ (50 CFR species. The term ‘‘threat’’ includes
424.14(h)(1)(i)). actions or conditions that have a direct
Background
A species may be determined to be an impact on individuals (direct impacts),
Section 4 of the Act (16 U.S.C. 1533) endangered or threatened species as well as those that affect individuals
and its implementing regulations in title because of one or more of the five through alteration of their habitat or
50 of the Code of Federal Regulations factors described in section 4(a)(1) of the required resources (stressors). The term
(50 CFR part 424) set forth the Act (16 U.S.C 1531 et seq.). The five ‘‘threat’’ may encompass—either
procedures for adding a species to, or factors are: together or separately—the source of the
removing a species from, the Federal (a) The present or threatened action or condition or the action or
Lists of Endangered and Threatened destruction, modification, or condition itself. However, the mere
Wildlife and Plants (Lists). Section curtailment of its habitat or range identification of any threat(s) may not
4(b)(3)(A) of the Act requires that we (Factor A); be sufficient to compel a finding that the
make a finding on whether a petition to (b) Overutilization for commercial, information in the petition is substantial
add a species to the Lists (i.e., ‘‘list’’), recreational, scientific, or educational information indicating that the
remove a species from the Lists (i.e., purposes (Factor B); petitioned action may be warranted. The
‘‘delist’’), or to change a listed species’ (c) Disease or predation (Factor C); information presented in the petition
status from endangered to threatened, or (d) The inadequacy of existing must include evidence sufficient to
from threatened to endangered (i.e., regulatory mechanisms (Factor D); or suggest that these threats may be
‘‘reclassify’’) presents substantial (e) Other natural or manmade factors affecting the species to the point that the
scientific or commercial information affecting its continued existence (Factor species may meet the definition of an
indicating that the petitioned action E). ‘‘endangered’’ species or ‘‘threatened’’
may be warranted. To the maximum These factors represent broad categories species under the Act.
extent practicable, we are to make this of natural or human-caused actions or If we find that a petition presents
finding within 90 days of our receipt of conditions that could have an effect on such information, our subsequent status
the petition and publish the finding a species’ continued existence. In review will evaluate all identified
promptly in the Federal Register. evaluating these actions and conditions, threats by considering the individual,
Our regulations in the Code of Federal we look for those that may have a population, and species-level effects,
Regulations (CFR) establish that negative effect on individuals of the and the expected response by the
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substantial scientific or commercial species, as well as other actions or species. We will evaluate individual
information with regard to a 90-day conditions that may ameliorate any threats and their expected effects on the
petition finding refers to ‘‘credible negative effects or may have positive species, then analyze the cumulative
scientific or commercial information in effects. effect of the threats on the species as a
support of the petition’s claims such We use the term ‘‘threat’’ to refer in whole. We also consider the cumulative
that a reasonable person conducting an general to actions or conditions that are effect of the threats in light of those
impartial scientific review would known to or are reasonably likely to actions and conditions that will have
conclude that the action proposed in the negatively affect individuals of a positive effects on the species—such as
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information indicating that listing, You may submit your information under section 4(b)(3)(A) of the Act, we
reclassification, or delisting of a species concerning the status review by one of have determined that the petition
may be warranted, we are required to the methods listed in ADDRESSES. If you summarized above for the Cape
review the status of the species (a status submit information via http:// mountain zebra presents substantial
review). For the status review to be www.regulations.gov, your entire scientific or commercial information
complete and based on the best submission—including any personal indicating that the petitioned action
available scientific and commercial identifying information—will be posted may be warranted. We are, therefore,
information, we request information on on the website. If you submit a initiating a status review to determine
the species from governmental agencies, hardcopy that includes personal whether the action is warranted under
Native American Tribes, the scientific identifying information, you may the Act. At the conclusion of the status
community, industry, and any other request at the top of your document that review, we will issue a finding, in
interested parties. We seek information we withhold this personal identifying accordance with section 4(b)(3)(B) of the
on: information from public review. Act, as to whether the petitioned action
(1) The species’ biology, range, and However, we cannot guarantee that we is not warranted, warranted, or
population trends, including: will be able to do so. We will post all warranted but precluded by pending
(a) Habitat requirements; hardcopy submissions on http:// proposals to determine whether any
(b) Genetics and taxonomy; www.regulations.gov. species is an endangered species or a
(c) Historical and current range, threatened species.
including distribution patterns; and It is important to note that the
(d) Historical and current population standard for a 90-day finding differs In addition, we have determined that
levels and current and projected trends. from the Act’s standard that applies to the petition summarized above for the
(2) The five factors described in a status review to determine whether a Preble’s meadow jumping mouse does
section 4(a)(1) of the Act (see petitioned action is warranted. In not present substantial scientific or
Background, above) that are the basis for making a 90-day finding, we consider commercial information indicating that
making a listing, reclassification, or information in the petition and sources the requested actions may be warranted.
delisting determination for a species cited in the petition, as well as Therefore, we are not initiating a status
under section 4(a) of the Act, including information that is readily available, review for this species.
past and ongoing conservation measures and we evaluate merely whether that
Authors
that could decrease the extent to which information constitutes ‘‘substantial
one or more of the factors affect the information’’ indicating that the The primary authors of this document
species, its habitat, or both. petitioned action ‘‘may be warranted.’’ are staff members of the Ecological
(3) The potential effects of climate In a 12-month finding, we must Services Program, U.S. Fish and
change on the species and its habitat, complete a thorough status review of the Wildlife Service.
and the extent to which it affects the species and evaluate the ‘‘best scientific
and commercial data available’’ to Authority
habitat or range of the species.
Submissions merely stating support determine whether a petitioned action The authority for these actions is the
for or opposition to the actions under ‘‘is warranted.’’ Because the Act’s Endangered Species Act of 1973, as
consideration without providing standards for 90-day and 12-month amended (16 U.S.C. 1531 et seq.).
supporting information, although noted, findings are different, a substantial 90-
Dated: February 23, 2018.
will not be considered in making a day finding does not mean that the 12-
determination. Section 4(b)(1)(A) of the month finding will result in a James W. Kurth,
Act directs that determinations as to ‘‘warranted’’ finding. Deputy Director, U.S. Fish and Wildlife
whether any species is an endangered or Service, Exercising the Authority of the
Conclusion Director, U.S. Fish and Wildlife Service.
threatened species must be made
‘‘solely on the basis of the best scientific On the basis of our evaluation of the [FR Doc. 2018–07707 Filed 4–16–18; 8:45 am]
and commercial data available.’’ information presented in the petitions BILLING CODE 4333–15–P
amozie on DSK30RV082PROD with PROPOSALS
VerDate Sep<11>2014 17:36 Apr 16, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4702 Sfmt 9990 E:\FR\FM\17APP1.SGM 17APP1](https://thefederalregister.org/doc/83_FR_16893/page/4.svg)
Document Created: 2018-04-17 02:51:49
Document Modified: 2018-04-17 02:51:49
| 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 and initiation of a status review. | |
| Dates | These findings were made on April 17, 2018. As we commence work on the status review, we seek any new information concerning the status of, or threats to, the species or its habitat. Any information received during our work on the status review will be considered. | |
| Contact | Common name Contact person | |
| FR Citation | 83 FR 16819 |
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