[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Proposed Rules]
[Pages 70634-70637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21674]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2023-0106; FF09E21000 FXES11130900000234]


Endangered and Threatened Wildlife and Plants; 90-Day Findings 
for Two Petitions To Reclassify the West Indian Manatee

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notification of petition findings and initiation of status 
review.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce two 
90-day findings on petitions to reclassify the West Indian manatee 
(Trichechus manatus), or populations thereof, under the Endangered 
Species Act of 1973, as amended (Act). Two valid subspecies of the West 
Indian manatee, the Florida manatee (Trichechus manatus latirostris) 
and Antillean manatee (Trichechus manatus manatus), are currently 
protected under the Act as part of the threatened West Indian manatee 
species-level listing. One petition requests the Puerto Rico population 
of the Antillean manatee be listed as an endangered distinct population 
segment (DPS) and critical habitat be designated for this entity under 
the Act. The second petition

[[Page 70635]]

requests to reclassify the West Indian manatee, including its 
subspecies the Antillean manatee and Florida manatee, as endangered 
species under the Act. Based on our review, we find that the petitions 
present substantial scientific or commercial information indicating 
that the petitioned actions may be warranted. Therefore, with the 
publication of this document, we announce that we plan to initiate a 
status review to determine whether the petitioned actions are 
warranted. To ensure that the status review is comprehensive, we are 
requesting new scientific and commercial data and other information 
regarding the West Indian manatee throughout its range, including 
information specific to the Puerto Rico population of Antillean 
manatee, and factors that may affect their status. Based on the status 
review, we will issue a 12-month petition finding, which will address 
whether or not the petitioned actions are warranted, in accordance with 
the Act.

DATES: The findings announced in this document were made on October 12, 
2023.

ADDRESSES: 
    Supporting documents: A summary of the basis for the petition 
findings contained in this document is available on https://www.regulations.gov in Docket No. FWS-R4-ES-2023-0106. In addition, 
this supporting information is available by contacting the person 
specified in FOR FURTHER INFORMATION CONTACT.
    Status reviews: If you have new scientific or commercial data or 
other information concerning the status of, or threats to, the West 
Indian manatee, the Puerto Rico population of Antillean manatee, or 
their habitats, particularly new information available since our April 
5, 2017, reclassification (April 5, 2017; 82 FR 16668), please provide 
those data or information by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R4-ES-2023-0106, 
which is the docket number for this action. Then, click on the 
``Search'' button. After finding the correct document, you may submit 
information by clicking on ``Comment.'' If your information will fit in 
the provided comment box, please use this feature of https://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 to: Public Comments 
Processing, Attn: FWS-R4-ES-2023-0106, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send information only by the methods described 
above. Any information we receive during the course of our status 
review will be considered, and we will post all information we receive 
on https://www.regulations.gov. This generally means that we will post 
any personal information you provide us.

FOR FURTHER INFORMATION CONTACT: Nicole Rankin, Division of 
Conservation and Classification Manager, telephone: 404-679-7089, 
email: <a href="/cdn-cgi/l/email-protection#0d43646e626168525f6c636664634d6b7a7e236a627b"><span class="__cf_email__" data-cfemail="27694e44484b42787546494c4e496741505409404851">[email protected]</span></a>. Individuals in the United States who are 
deaf, deafblind, hard of hearing, or have a speech disability may dial 
711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: 

Information Submitted for a Status Review

    You may submit your comments and materials concerning the status 
of, or threats to, the West Indian manatee, its subspecies or 
populations, including the Puerto Rico population of Antillean manatee, 
or their habitats, by one of the methods listed above in ADDRESSES. We 
request that you send comments only by the methods described in 
ADDRESSES. Please include sufficient information with your submission 
(such as scientific journal articles or other publications) to allow us 
to verify any scientific or commercial information you include.
    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the website. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing these findings, will be available 
for public inspection on https://www.regulations.gov.

Background

    Section 4 of the Act (16 U.S.C. 1533 et seq.) and its implementing 
regulations in title 50 of the Code of Federal Regulations (50 CFR part 
424) set forth the procedures for adding species to, removing species 
from, or reclassifying species on the Federal Lists of Endangered and 
Threatened Wildlife and Plants (Lists) in 50 CFR part 17. 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'' a species), 
remove a species from the Lists (i.e., ``delist'' a species), or change 
a listed species' status from endangered to threatened or from 
threatened to endangered (i.e., ``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.
    Our regulations 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 species or a 
threatened species because of one or more of the five factors described 
in section 4(a)(1) of the Act (16 U.S.C. 1533(a)(1)). 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); 
and
    (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.

[[Page 70636]]

    We use the term ``threat'' to refer in general to actions or 
conditions that are known to, or are reasonably likely to, affect 
individuals of a species negatively. 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 a 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 are expected to have positive effects on the 
species--such as 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 under the Act. If we 
find that a petition presents substantial scientific or commercial 
information indicating that the petitioned action may be warranted, the 
Act requires that we 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).
    We note that designating critical habitat is not a petitionable 
action under the Act. Petitions to designate critical habitat (for 
species without existing critical habitat, including a potential DPS of 
the Puerto Rico population of Antillean manatee) are reviewed under the 
Administrative Procedure Act (5 U.S.C. 1531 et seq.) and are not 
addressed in this finding (see 50 CFR 424.14(j)). To the maximum extent 
prudent and determinable, any proposed critical habitat will be 
addressed concurrently with a proposed rule to list a species, if 
applicable.

Species and Range

    The West Indian manatee (Trichechus manatus) is currently listed on 
the List of Endangered and Threatened Wildlife at 50 CFR 17.11(h) as a 
threatened species under the Act (April 5, 2017; 82 FR 16668). The West 
Indian manatee includes two valid subspecies, the Florida manatee 
(Trichechus manatus latirostris) and Antillean manatee (Trichechus 
manatus manatus). The range of the Florida manatee includes the U.S. 
Atlantic and Gulf of Mexico coasts, as well as northern portions of the 
Caribbean, from the Bahamas to Turks and Caicos. The Antillean manatee 
is found in the southern portions of the Caribbean, including Cuba, 
Hispaniola, Puerto Rico, Virgin Islands, Cayman Islands, and Jamaica; 
in Central America from Mexico's southeast Caribbean coast to the 
Caribbean coast of Panama; Trinidad and Tobago; and south to Brazil's 
Atlantic coastline.

History of the Petitions Received

    On October 21, 2021, we received a petition from Julio C. 
Col[oacute]n requesting that the Puerto Rico population of the 
Antillean manatee be listed as an endangered distinct population 
segment (DPS) and that critical habitat be designated for this entity 
under the Act. On November 21, 2022, we received a petition from the 
Center for Biological Diversity, Brooks McCormick Jr. Animal Law & 
Policy Program at Harvard Law School, Miami Waterkeeper, Save the 
Manatee Club, and Frank S. Gonz[aacute]lez Garc[iacute]a requesting 
that the West Indian manatee, including its subspecies Florida manatee 
and Antillean manatee, be reclassified as endangered. Both petitions 
clearly identified themselves as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(c). This finding addresses both of those petitions.

Summary of Petition Findings

Evaluation of a Petition To Designate and Reclassify (Uplist) the 
Puerto Rico Population of Antillean Manatee

    Because the West Indian manatee includes two recognized subspecies, 
the Florida manatee (Trichechus manatus latirostris) and the Antillean 
manatee (Trichechus manatus manatus), the Puerto Rico population of the 
Antillean manatee is currently protected under the Act as part of the 
threatened West Indian manatee species-level listing. Julio C. 
Col[oacute]n's petition requests that we determine the Puerto Rico 
population of the Antillean manatee is a DPS, uplist it as an 
endangered species, and designate critical habitat for the DPS under 
the Act. We find that the petition presents substantial information 
that the Puerto Rico population of Antillean manatee may qualify as a 
DPS. Additionally, we find that the petition presents substantial 
information that boat collisions (Factor E) and low genetic diversity 
and isolation (Factor E) may be threats to the Puerto Rico manatee 
population such that the population may meet the definition of an 
endangered species under the Act. Therefore, we find that the petition 
presents substantial information that the petitioned action, 
identifying and then reclassifying as endangered a Puerto Rico DPS, may 
be warranted, and we will commence a status review to determine if the 
action is warranted. During our 12-month status review, if we determine 
the Puerto Rico manatee population is a DPS, we will fully evaluate all 
relevant threats and conservation actions in detail pursuant to the 
Act's requirement to review the best scientific and commercial 
information available to support a finding that the Puerto Rico DPS is 
in danger of extinction throughout all or a significant portion of its 
range.

Evaluation of a Petition To Reclassify (Uplist) the West Indian Manatee 
and Subspecies Florida Manatee and Antillean Manatee

    The petition from the Center for Biological Diversity, Brooks 
McCormick Jr. Animal Law & Policy Program at Harvard Law School, Miami 
Waterkeeper, Save the Manatee Club, and Frank S. Gonz[aacute]lez 
Garc[iacute]a requests that we reclassify the West Indian manatee, 
including its subspecies Florida manatee and Antillean manatee, as an 
endangered species under the Act. We find the petition presents 
substantial information that seagrass loss (Factor A) may be a threat 
to the species such that it may meet the definition of an endangered 
species under the Act. Therefore, we find that the petition presents 
substantial information that the petitioned action, reclassifying the 
West Indian manatee as endangered, may be warranted and we will 
commence a status review to determine if the action is warranted.

[[Page 70637]]

    The petition also presented information suggesting other activities 
may be threats to the West Indian manatee, including loss of warm-water 
refugia, loss of freshwater access, coastal development, and boating 
and recreational disturbance (Factor A); harassment (Factor B); 
bacterial infections (Factor C); and boat strikes, marine debris, 
contaminants, invasive species, and climate change (Factor E). Our 
status review will evaluate all relevant threats and conservation 
actions in detail based on the best scientific and commercial data 
available, including whether these threats towards the listed or 
listable entities may be ameliorated or exacerbated by any existing 
regulatory mechanisms or conservation efforts to support a finding that 
the West Indian manatee, Florida manatee, or Antillean manatee is in 
danger of extinction throughout all or a significant portion of its 
range.

Evaluation of Information Summary and Finding

    We reviewed the petitions, sources cited in the petitions, and 
other readily available information. We considered the factors under 
section 4(a)(1) of the Act and assessed the effect that the threats 
identified within the factors may have on the Puerto Rico population of 
Antillean manatee and the West Indian manatee now and in the 
foreseeable future. We also considered existing regulatory mechanisms 
or conservation efforts that may ameliorate, reduce, or exacerbate the 
threats. Based on our review of the petitions and readily available 
information regarding boat collisions, genetic diversity loss, and 
seagrass loss, we find that these two petitions present credible and 
substantial information that the petitioned actions may be warranted. 
We will fully evaluate these and all other potential threats for the 
listed and listable entities, as well as the validity of the Puerto 
Rico DPS, in detail based on the best scientific and commercial data 
available when we conduct a status assessment and make the 12-month 
findings.
    In accordance with the requirements of the statute, our 12-month 
findings on these two petitions to identify and reclassify a DPS in 
Puerto Rico, as well as reclassify (uplist) the West Indian manatee and 
its subspecies, the Florida manatee and Antillean manatee, will be 
based upon the best scientific and commercial data available and will 
not be limited to the information presented in the petitions. 
Similarly, if we make one or more ``warranted'' 12-month findings, we 
may identify a DPS in that finding based on the best scientific and 
commercial data available; we will not be limited to the possible DPS 
described in the petition. If we do identify and propose to uplist a 
DPS, we will consider that proposal in the context of the ongoing 
recovery for the rest of the population in the larger currently listed 
entity.
    The basis for our finding on these petitions, and other information 
regarding our review of the petitions, including the 2017 
reclassification and 2007 5-year status review, can be found at https://www.regulations.gov under Docket No. FWS-R4-ES-2023-0106 under the 
Supporting & Related Material section.

Conclusion

    On the basis of our evaluation of the information presented in the 
petitions under sections 4(b)(3)(A) and 4(b)(3)(D)(i) of the Act, we 
have determined that the two petitions summarized above for the Puerto 
Rico population of Antillean manatee, as well as the West Indian 
manatee, present substantial scientific or commercial information 
indicating that the petitioned actions may be warranted. We are, 
therefore, initiating a status review of the West Indian manatee 
rangewide. This status review will include a determination on whether a 
Puerto Rico DPS for the Antillean manatee has the same or a different 
status than the Antillean manatee rangewide. This status review will 
determine whether the petitioned actions are 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 actions are not warranted, warranted, or warranted but 
precluded by pending proposals to determine whether other species are 
an endangered or threatened species.

Authors

    The primary authors of this document are staff members of the 
Division of Conservation and Classification, 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.).

Janine Velasco,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-21674 Filed 10-11-23; 8:45 am]
BILLING CODE 4333-15-P


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