[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Proposed Rules]
[Pages 30091-30094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13843]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[4500030115]


Endangered and Threatened Wildlife and Plants; 90-day Findings 
for Three Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition findings and initiation of status reviews.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on three petitions to add or remove species from the List 
of Endangered and Threatened Wildlife

[[Page 30092]]

under the Endangered Species Act of 1973, as amended (Act). Based on 
our review, we find that the three 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 reviews of the status of 
these species to determine if the petitioned actions are warranted. To 
ensure that these status reviews are comprehensive, we are requesting 
scientific and commercial data and other information regarding these 
species. Based on the status reviews, we will issue 12-month findings, 
which will address whether or not the petitioned actions are warranted, 
in accordance with the Act.

DATES: These findings were made on June 27, 2018. As we commence work 
on the status reviews, we seek any new information concerning the 
status of, or threats to, these species or their habitats. Any 
information received during our work on the status reviews will be 
considered.

ADDRESSES: Supporting documents: Summaries of the bases for the 
petition findings contained in this document are available on http://www.regulations.gov under the appropriate docket number (see table 
under SUPPLEMENTARY INFORMATION). In addition, 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 are making 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 the table 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 the 
table 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).

FOR FURTHER INFORMATION CONTACT: 

------------------------------------------------------------------------
          Species common name                     Contact person
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Dixie Valley toad......................  Carolyn Swed, 775-861-6337;
                                          <a href="/cdn-cgi/l/email-protection#3b585a495457425564484c5e5f7b5d4c48155c544d"><span class="__cf_email__" data-cfemail="87e4e6f5e8ebfee9d8f4f0e2e3c7e1f0f4a9e0e8f1">[email protected]</span></a>.
Oregon vesper sparrow..................  Jeffrey Dillon, 503-231-6179;
                                          <a href="/cdn-cgi/l/email-protection#412b2427273324381e25282d2d2e2f012736326f262e37"><span class="__cf_email__" data-cfemail="fc96999a9a8e9985a3989590909392bc9a8b8fd29b938a">[email protected]</span></a>.
Yellow-billed cuckoo...................  Jennifer Norris, 916-414-6600;
                                          <a href="/cdn-cgi/l/email-protection#4c26292222252a293e1322233e3e253f0c2a3b3f622b233a"><span class="__cf_email__" data-cfemail="ddb7b8b3b3b4bbb8af82b3b2afafb4ae9dbbaaaef3bab2ab">[email protected]</span></a>.
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    If you use a telecommunications device for the deaf, 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) 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. 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, 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 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

[[Page 30093]]

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 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 
table below and the bases for the findings, along with supporting 
information, are available on http://www.regulations.gov under the 
appropriate docket number.

                          Table: Status Reviews
------------------------------------------------------------------------
                                                      URL to docket on
          Common name               Docket no.            http://www.regulations.gov
------------------------------------------------------------------------
Dixie Valley toad.............  FWS-R8-ES-2018-00  https://
                                 18.                www.regulations.gov/
                                                    docket?D=FWS-R8-ES-
                                                    2018-0018.
Oregon vesper sparrow.........  FWS-R1-ES-2018-00  https://
                                 19.                www.regulations.gov/
                                                    docket?D=FWS-R1-ES-
                                                    2018-0019.
Yellow-billed cuckoo..........  FWS-R8-ES-2018-00  https://
                                 27.                www.regulations.gov/
                                                    docket?D=FWS-R8-ES-
                                                    2018-0027.
------------------------------------------------------------------------

Evaluation of a Petition To List the Dixie Valley Toad as an Endangered 
or Threatened Species Under the Act

Species and Range

    The Dixie Valley toad (Anaxyrus williamsi) is a small toad found in 
four spring-fed wetlands in Dixie Valley, Churchill County, Nevada.

Petition History

    On September 18, 2017, we received a petition from the Center for 
Biological Diversity requesting that the Dixie Valley toad be listed as 
threatened or endangered 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(a). This finding 
addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating the petitioned action may be 
warranted for the Dixie Valley toad due to potential threats associated 
with the following: Development of geothermal energy and difficulty in 
associated mitigation, decrease in spring discharge, changes in water 
temperature, and groundwater extraction (Factor A); and 
chytridiomycosis disease and predation by the invasive American 
bullfrog (Factors C and E). However, during our status review we will 
thoroughly evaluate all potential threats to the species, including the 
extent to which any protections or other conservation efforts have 
reduced those threats. Thus, for this species, the Service requests any 
information relevant to whether the species 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-R8-ES-2018-0018 under 
the Supporting Documents section.

Evaluation of a Petition To List the Oregon Vesper Sparrow as an 
Endangered or Threatened Species Under the Act

Species and Range

    The Oregon vesper sparrow (Pooecetes gramineus affinis) is a 
medium- to large-sized migratory sparrow with a restricted range. The 
breeding range currently consists of the States of Washington (South 
Puget lowlands, San Juan Island, lower Columbia River islands, and 
Mason County) and Oregon (Willamette, Umpqua, and Rogue Valleys). The 
winter range consists of areas in California--the lowlands west of the 
Sierra Nevada Mountains, from the San Francisco Bay area through the 
San Joaquin Valley to coastal southern California.

Petition History

    On November 8, 2017, we received a petition from the American Bird 
Conservancy requesting that the Oregon vesper sparrow be listed as 
endangered or threatened and critical habitat be designated for this 
species under the Act. The petition clearly identified itself as such 
and included the requisite identification information for the 
petitioner, required at former 50 CFR 424.14(a). This finding addresses 
the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted for the Oregon vesper sparrow due to potential threats 
associated with the following: Habitat loss and degradation (Factor A); 
land use/management impacts to nesting birds (Factor E); and existing 
regulatory mechanisms that may be inadequate to address impacts 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 species, including the 
extent to which any protections or other conservation efforts have 
reduced those threats. Thus, for this species, the Service requests any 
information relevant to whether the species 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-R1-ES-2018-0019 under 
the Supporting Documents section.

Evaluation of a Petition To Delist the Western Distinct Population 
Segment of the Yellow-Billed Cuckoo

Species and Range

    The yellow-billed cuckoo (Coccyzus americanus) occurs in North 
America across the continental United States and parts of British 
Columbia and Mexico.

[[Page 30094]]

The species winters in Central and South America. The Western Distinct 
Population Segment (DPS) of the yellow-billed cuckoo (western yellow-
billed cuckoo) occurs generally in the area west of the Rocky Mountains 
from British Columbia to Mexico. The western DPS of the yellow-billed 
cuckoo is listed as a threatened species on the List of Endangered and 
Threatened Wildlife (List; 50 CFR 17.11(h)).

Petition History

    On May 4, 2017, we received a petition from the American Stewards 
of Liberty, Arizona Cattlemen's Association, Arizona Mining 
Association, Hereford Natural Resource Conservation District, Jim 
Chilton, National Cattlemen's Beef Association, Public Lands Council, 
WestLand Resources, Inc., and Winkelman Natural Resource Conservation 
District, requesting that the western DPS of the yellow-billed cuckoo 
be removed from the List due to an error in our DPS analysis. They also 
provided information in their petition indicating the species should be 
delisted as a result of its utilization of additional habitat. The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioners, required at 50 CFR 
424.14(a). This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that delisting the western DPS of the 
yellow-billed cuckoo may be warranted due to information on additional 
habitat being used by the species (Factor A). While we did not find the 
petition provided substantial information indicating the entity may 
warrant delisting due to an error in our DPS analysis, because the 
petitioners did provide substantial information regarding additional 
habitat use by the species, we will review the DPS as part of our 
status review of the species. During our status review we will 
thoroughly evaluate all potential threats to the species, as well as 
revisit our DPS determination. Thus, for this species, the Service 
requests information on the five listing factors under section 4(a)(1) 
of the Act, including the factors identified in this finding as well as 
information pertaining to the DPS (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-R8-ES-2018-0027 under 
the Supporting Documents section.

Request for Information for Status Reviews

    When we make a finding that a petition presents substantial 
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 these 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 these status reviews 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 petitions summarized above for the Dixie Valley toad, Oregon vesper 
sparrow, and yellow-billed cuckoo present substantial scientific or 
commercial information indicating that the petitioned actions may be 
warranted. Therefore, we are initiating status reviews to determine 
whether these actions are warranted under the Act. At the conclusion of 
each 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.

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: May 15, 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. 2018-13843 Filed 6-26-18; 8:45 am]
 BILLING CODE 4333-15-P


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