[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Proposed Rules]
[Pages 4884-4890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01454]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FF09E21000 FXES1111090FEDR 245]


Endangered and Threatened Wildlife and Plants; 90-Day Findings 
for 10 Species

AGENCY: Fish and Wildlife Service, Interior.

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

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on 10 petitions to add species to the Lists of Endangered 
and Threatened Wildlife and Plants under the Endangered Species Act of 
1973, as amended (Act). Based on our review, we find that the petitions 
to list Betta hendra, Betta rutilans, Hickory Nut Gorge green 
salamander (Aneides caryaensis), pygmy rabbit (Brachylagus idahoensis), 
Railroad Valley toad (Anaxyrus nevadensis), Southern Plains bumble bee 
(Bombus fraternus), Southwest spring firefly (Bicellonycha 
wickershamorum), white-margined penstemon (Penstemon albomarginatus), 
and yellow-spotted woodland salamander (Plethodon pauleyi) 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 are initiating status reviews of 
these species to determine whether the petitioned actions are 
warranted. To ensure that the status reviews are comprehensive, we 
request scientific and commercial data and other information regarding 
the species and factors that may affect their status. Based on the 
status reviews, we will issue 12-month petition findings, which

[[Page 4885]]

will address whether or not the petitioned actions are warranted in 
accordance with the Act. We further find that the petition to list the 
eastern hellbender (Cryptobranchus alleganiensis alleganiensis) does 
not present substantial information indicating the petitioned action 
may be warranted. Therefore, we are not initiating a status review of 
the eastern hellbender.

DATES: These findings were made on January 25, 2024. As we commence our 
status reviews, we seek any new information concerning the status of, 
or threats to, Betta hendra, Betta rutilans, Hickory Nut Gorge green 
salamander, pygmy rabbit, Railroad Valley toad, Southern Plains bumble 
bee, Southwest spring firefly, white-margined penstemon, and yellow-
spotted woodland salamander, or their habitats. Any information we 
receive during the course of our status reviews will be considered.

ADDRESSES: 
    Supporting documents: Summaries of the bases for the petition 
findings contained in this document are available on https://www.regulations.gov under the appropriate docket number (see tables 
under SUPPLEMENTARY INFORMATION). In addition, this supporting 
information is available by contacting the appropriate person, as 
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, Betta 
hendra, Betta rutilans, Hickory Nut Gorge green salamander, pygmy 
rabbit, Railroad Valley toad, Southern Plains bumble bee, Southwest 
spring firefly, white-margined penstemon, and yellow-spotted woodland 
salamander, or their habitats, please provide those data or information 
by one of the following methods listed below. For Betta hendra and 
Betta rutilans, we specifically request information on information on 
any trade in the species, including evidence of trade levels, trends, 
and patterns, and any changes over time.
    (1) Electronically: Go to the Federal eRulemaking Portal: https://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.'' 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: [Insert appropriate docket number; see table 1 under 
SUPPLEMENTARY INFORMATION], 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. 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 (see Information Submitted for a 
Status Review, below).

FOR FURTHER INFORMATION CONTACT: 

------------------------------------------------------------------------
        Species common name                    Contact person
------------------------------------------------------------------------
Betta hendra......................  Rachel London, Manager, Branch of
                                     Delisting and Foreign Species,
                                     Ecological Services Headquarters,
                                     703-358-2491,
                                     <a href="/cdn-cgi/l/email-protection#275546444f424b784b48494348496741505409404851"><span class="__cf_email__" data-cfemail="85f7e4e6ede0e9dae9eaebe1eaebc5e3f2f6abe2eaf3">[email protected]</span></a>.
Betta rutilans....................  Rachel London, Manager, Branch of
                                     Delisting and Foreign Species,
                                     Ecological Services Headquarters,
                                     703-358-2491,
                                     <a href="/cdn-cgi/l/email-protection#ff8d9e9c979a93a09390919b9091bf99888cd1989089"><span class="__cf_email__" data-cfemail="beccdfddd6dbd2e1d2d1d0dad1d0fed8c9cd90d9d1c8">[email protected]</span></a>.
eastern hellbender................  Scott Hicks, Acting Field Office
                                     Supervisor, Ohio Ecological
                                     Services Field Office, 517-352-
                                     6274, <a href="/cdn-cgi/l/email-protection#3c4f5f5348486354555f574f7c5a4b4f125b534a"><span class="__cf_email__" data-cfemail="6516060a11113a0d0c060e16250312164b020a13">[email protected]</span></a>.
Hickory Nut Gorge green salamander  Sue Cameron, Biologist, Asheville
                                     North Carolina Field Office, 828-
                                     450-7469, <a href="/cdn-cgi/l/email-protection#53202620323d0c30323e36213c3d133524207d343c25"><span class="__cf_email__" data-cfemail="daa9afa9bbb485b9bbb7bfa8b5b49abcada9f4bdb5ac">[email protected]</span></a>.
pygmy rabbit......................  Anne Mankowski, Biologist, Reno Fish
                                     and Wildlife Office, 775-861-6301,
                                     <a href="/cdn-cgi/l/email-protection#4c2d22222913212d2227233b3f27250c2a3b3f622b233a"><span class="__cf_email__" data-cfemail="a8c9c6c6cdf7c5c9c6c3c7dfdbc3c1e8cedfdb86cfc7de">[email protected]</span></a>.
Railroad Valley toad..............  Justin Barrett, Acting Field
                                     Supervisor, Reno Fish and Wildlife
                                     Office, 775-861-6338,
                                     <a href="/cdn-cgi/l/email-protection#91fbe4e2e5f8ffcef3f0e3e3f4e5e5d1f7e6e2bff6fee7"><span class="__cf_email__" data-cfemail="bcd6c9cfc8d5d2e3deddceced9c8c8fcdacbcf92dbd3ca">[email protected]</span></a>.
Southern Plains bumble bee........  Kraig McPeek, Field Supervisor,
                                     Illinois/Iowa Ecological Services
                                     Field Office, 309-757-5800 x202,
                                     <a href="/cdn-cgi/l/email-protection#d2b9a0b3bbb58dbfb1a2b7b7b992b4a5a1fcb5bda4"><span class="__cf_email__" data-cfemail="0d667f6c646a52606e7d6868664d6b7a7e236a627b">[email protected]</span></a>.
Southwest spring firefly..........  Heather Whitlaw, Field Office
                                     Supervisor, Arizona Field Office,
                                     806-773-5932,
                                     <a href="/cdn-cgi/l/email-protection#41292420352924331e362928352d2036012736326f262e37"><span class="__cf_email__" data-cfemail="0d65686c7965687f527a656479616c7a4d6b7a7e236a627b">[email protected]</span></a>.
white-margined penstemon..........  Glen Knowles, Field Supervisor,
                                     Southern Nevada Fish and Wildlife
                                     Office, 702-515-5244,
                                     <a href="/cdn-cgi/l/email-protection#2b4c474e45744045445c474e586b4d5c58054c445d"><span class="__cf_email__" data-cfemail="90f7fcf5fecffbfeffe7fcf5e3d0f6e7e3bef7ffe6">[email protected]</span></a>.
yellow-spotted woodland salamander  Jennifer Norris, Field Office
                                     Supervisor, West Virginia Field
                                     Office, 304-704-0655,
                                     <a href="/cdn-cgi/l/email-protection#117b747f7f787774634e7d4e7f7e63637862517766623f767e67"><span class="__cf_email__" data-cfemail="2e444b404047484b5c71427140415c5c475d6e48595d00494158">[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, Betta hendra, Betta rutilans, Hickory Nut Gorge 
green salamander, pygmy rabbit, Railroad Valley toad, Southern Plains 
bumble bee, Southwest spring firefly, white-margined penstemon, and 
yellow-spotted woodland salamander, or their habitats, by one of the 
methods listed 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

[[Page 4886]]

available for public inspection on https://www.regulations.gov.

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 species to, removing species 
from, or reclassifying species on the Federal Lists of Endangered and 
Threatened Wildlife and Plants (Lists or List) 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 List (i.e., ``list'' a 
species), remove a species from the List (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 positive 90-day petition finding 
does not indicate that the petitioned action is warranted; the finding 
indicates only that the petitioned action may be warranted and that a 
full review should occur.
    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.
    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 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) are reviewed under the 
Administrative Procedure Act (5 U.S.C. 551 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.

Summaries of Petition Findings

    The petition findings contained in this document are listed in the 
tables below, and the basis for each finding, along with supporting 
information, is available on https://www.regulations.gov under the 
appropriate docket number.

 Table 1--Internet Search Information for Substantial Findings for Nine
                                 Species
------------------------------------------------------------------------
                                                      URL to Docket on
          Common name               Docket No.            https://
                                                    www.regulations.gov
------------------------------------------------------------------------
Betta hendra..................  FWS-HQ-ES-2023-01  https://
                                 52.                www.regulations.gov/
                                                    FWS-HQ-ES-2023-0152.
Betta rutilans................  FWS-HQ-ES-2023-01  https://
                                 53.                www.regulations.gov/
                                                    FWS-HQ-ES-2023-0153.
Hickory Nut Gorge green         FWS-R4-ES-2023-01  https://
 salamander.                     39.                www.regulations.gov/
                                                    FWS-R4-ES-2023-0139.
Pygmy rabbit..................  FWS-R8-ES-2023-01  https://
                                 46.                www.regulations.gov/
                                                    FWS-R8-ES-2023-0146.
Railroad Valley toad..........  FWS-R8-ES-2023-01  https://
                                 42.                www.regulations.gov/
                                                    FWS-R8-ES-2023-0142.
Southern Plains bumble bee....  FWS-R3-ES-2023-01  https://
                                 37.                www.regulations.gov/
                                                    FWS-R3-ES-2023-0137.
Southwest spring firefly......  FWS-R2-ES-2023-01  https://
                                 36.                www.regulations.gov/
                                                    FWS-R2-ES-2023-0136.
White-margined penstemon......  FWS-R8-ES-2023-01  https://
                                 41.                www.regulations.gov/
                                                    FWS-R8-ES-2023-0141.
Yellow-spotted woodland         FWS-R5-ES-2023-01  https://
 salamander.                     40.                www.regulations.gov/
                                                    FWS-R5-ES-2023-0140.
------------------------------------------------------------------------


[[Page 4887]]


  Table 2--Internet Search Information for Not-Substantial Finding for
                           Eastern Hellbender
------------------------------------------------------------------------
                                          URL to Docket on https://
            Docket No.                       www.regulations.gov
------------------------------------------------------------------------
FWS-R3-ES-2023-0138...............  https://www.regulations.gov/FWS-R3-ES-2023-0138.
------------------------------------------------------------------------

Evaluation of a Petition To List Betta Hendra

Species and Range
    Betta hendra; Central Kalimantan, Borneo, Indonesia.
Petition History
    On July 6, 2023, we received a petition dated July 5, 2023, from 
the Center for Biological Diversity and Monitor Conservation Research 
Society, requesting that Betta hendra, a fish species, be emergency 
listed as a threatened species or an endangered 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). Listing a species on an emergency basis is not a 
petitionable action under the Act, and the question of when to list on 
an emergency basis is left to the discretion of the Service. If the 
Service determines that the standard for emergency listing in section 
4(b)(7) of the Act is met, the Service may exercise that discretion to 
take an emergency listing action at any time. Therefore, we are 
considering the July 5, 2023, petition as a petition to list the Betta 
hendra. This finding addresses the petition.
Finding
    We reviewed the petition, sources cited in the petition, and other 
readily available information (within the constraints of the Act and 50 
CFR 424.14(h)(1)). We considered the credible information that the 
petition provided regarding effects of the threats that fall within 
factors under the Act's section 4(a)(1) as potentially ameliorated or 
exacerbated by any existing regulatory mechanisms or conservation 
efforts. Based on our review of the petition and readily available 
information regarding habitat loss and degradation (Factor A), we find 
that the petition presents substantial scientific or commercial 
information indicating that listing B. hendra as a threatened species 
or an endangered species may be warranted. The petitioners also 
presented information suggesting overutilization for commercial and 
recreational purposes (Factor B) and climate change (Factor E) may be 
threats to B. hendra. We will fully evaluate these potential threats 
during our 12-month status review, pursuant to the Act's requirement to 
review the best scientific and commercial information available when 
making that finding.
    The basis for our finding on this petition and other information 
regarding our review of the petition can be found at https://www.regulations.gov under Docket No. FWS-HQ-ES-2023-0152 under the 
Supporting Documents section.

Evaluation of a Petition To List Betta Rutilans

Species and Range
    Betta rutilans; Kalimantan Barat (West Kalimantan), Borneo, 
Indonesia.
Petition History
    On July 6, 2023, we received a petition dated July 5, 2023, from 
the Center for Biological Diversity and Monitor Conservation Research 
Society, requesting that Betta rutilans, a fish species, be emergency 
listed as a threatened species or an endangered 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). Listing a species on an emergency basis is not a 
petitionable action under the Act, and the question of when to list on 
an emergency basis is left to the discretion of the Service. If the 
Service determines that the standard for emergency listing in section 
4(b)(7) of the Act is met, the Service may exercise that discretion to 
take an emergency listing action at any time. Therefore, we are 
considering the July 5, 2023, petition as a petition to list Betta 
rutilans. This finding addresses the petition.
Finding
    We reviewed the petition, sources cited in the petition, and other 
readily available information (within the constraints of the Act and 50 
CFR 424.14(h)(1)). We considered the credible information that the 
petition provided regarding effects of the threats that fall within 
factors under the Act's section 4(a)(1) as potentially ameliorated or 
exacerbated by any existing regulatory mechanisms or conservation 
efforts. Based on our review of the petition and readily available 
information regarding habitat loss and degradation (Factor A), we find 
that the petition presents substantial scientific or commercial 
information indicating that listing B. rutilans as a threatened species 
or an endangered species may be warranted. The petitioners also 
presented information suggesting overutilization for commercial and 
recreational purposes (Factor B) and climate change (Factor E) may be 
threats to B. rutilans. We will fully evaluate these potential threats 
during our 12-month status review, pursuant to the Act's requirement to 
review the best scientific and commercial information available when 
making that finding.
    The basis for our finding on this petition and other information 
regarding our review of the petition can be found at https://www.regulations.gov under Docket No. FWS-HQ-ES-2023-0153 under the 
Supporting Documents section.

Evaluation of a Petition To List the Hickory Nut Gorge Green Salamander

Species and Range
    Hickory Nut Gorge green salamander (Aneides caryaensis); North 
Carolina.
Petition History
    On July 13, 2022, we received a petition from the Center for 
Biological Diversity and Defenders of Wildlife requesting that the 
Hickory Nut Gorge green salamander (Aneides caryaensis) be listed as a 
threatened species or an endangered species 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 50 CFR 424.14(c). This 
finding addresses the petition.
Finding
    We reviewed the petition, sources cited in the petition, and other 
readily available information. We considered the credible information 
that the petition provided regarding effects of the threats that fall 
within factors under the Act's section 4(a)(1) as potentially 
ameliorated or exacerbated by any existing regulatory mechanisms or 
conservation efforts. Based on our review of the petition and readily 
available information regarding development, including recreation and 
roads (Factor A), we find that the petition presents substantial 
scientific

[[Page 4888]]

or commercial information indicating that listing the Hickory Nut Gorge 
green salamander as a threatened species or endangered species may be 
warranted. The petitioners also presented information suggesting that 
logging, hemlock loss, invasive plant species, overutilization, 
disease, climate change, pollution, severe weather, catastrophic 
events, and the effects of small, isolated populations are threats to 
the Hickory Nut Gorge green salamander. We will fully evaluate these 
potential threats during our 12-month status review, pursuant to the 
Act's requirement to review the best scientific and commercial 
information available when making that finding.
    The basis for our finding on this petition and other information 
regarding our review of the petition can be found at https://www.regulations.gov under Docket No. FWS-R4-ES-2023-0139 under the 
Supporting Documents section.

Evaluation of a Petition To List the Pygmy Rabbit

Species and Range
    Pygmy rabbit (Brachylagus idahoensis); California, Colorado, Idaho, 
Montana, Nevada, Oregon, Utah, Wyoming, and the Columbia Basin Distinct 
Population Segment (DPS) in Washington State.

Petition History

    On March 6, 2023, we received a petition from the Western 
Watersheds Project, Center for Biological Diversity, WildEarth 
Guardians, and the Defenders of Wildlife requesting that the pygmy 
rabbit (Brachylagus idahoensis) be listed as a threatened species or an 
endangered species 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 50 CFR 424.14(c). This finding addresses the petition.
Finding
    We reviewed the petition, sources cited in the petition, our 2010 
not warranted 12-month finding (75 FR 60516; September 30, 2010), and 
other readily available information. The Columbia basin DPS of the 
pygmy rabbit has been listed as endangered since 2003. We considered 
the credible information that the petition provided regarding effects 
of the threats that fall within factors under the Act's section 4(a)(1) 
as potentially ameliorated or exacerbated by any existing regulatory 
mechanisms or conservation efforts. Based on our review of the petition 
and readily available information regarding the compound effects of 
fire, cheatgrass, and climate change (Factors A and E), we find that 
the petition presents substantial scientific or commercial information 
indicating that listing the pygmy rabbit rangewide, as a threatened 
species or an endangered species, may be warranted. The petitioners 
also presented information suggesting livestock grazing, oil and gas 
development, and disease may be threats to the pygmy rabbit. We will 
fully evaluate these potential threats during our 12-month status 
review, pursuant to the Act's requirement to review the best scientific 
and commercial information available when making that finding.
    The basis for our finding on this petition and other information 
regarding our review of the petition can be found at https://www.regulations.gov under Docket No. FWS-R8-ES-2023-0146 under the 
Supporting Documents section.

Evaluation of a Petition To List the Railroad Valley Toad

Species and Range
    Railroad Valley toad (Anaxyrus nevadensis); Nye County, Nevada.
Petition History
    On May 5, 2022, we received a petition from the Center for 
Biological Diversity requesting that the Railroad Valley toad (Anaxyrus 
nevadensis) be listed as a threatened species or an endangered species 
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 50 CFR 
424.14(c). This finding addresses the petition.
Finding
    We reviewed the petition, sources cited in the petition, and other 
readily available information. We considered the credible information 
that the petition provided regarding effects of the threats that fall 
within factors under the Act's section 4(a)(1) as potentially 
ameliorated or exacerbated by any existing regulatory mechanisms or 
conservation efforts. Based on our review of the petition and readily 
available information regarding oil and gas extraction via hydraulic 
fracturing (Factor A) and lithium production (Factor A), we find that 
the petition presents substantial scientific or commercial information 
indicating that listing the Railroad Valley toad as a threatened 
species or an endangered species may be warranted. The petitioners also 
presented information suggesting livestock grazing, infrastructure, 
mining, disease, nonnative vegetation, climate change, and stochastic 
events may be threats to the Railroad Valley toad. We will fully 
evaluate these potential threats during our 12-month status review, 
pursuant to the Act's requirement to review the best scientific and 
commercial information available when making that finding.
    The basis for our finding on this petition and other information 
regarding our review of the petition can be found at https://www.regulations.gov under Docket No. FWS-R8-ES-2023-0142 under the 
Supporting Documents section.

Evaluation of a Petition To List the Southern Plains Bumble Bee

Species and Range
    Southern Plains bumble bee (Bombus fraternus); Alabama, Arkansas, 
Colorado, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky, 
Louisiana, Mississippi, Missouri, Nebraska, New Mexico, California, 
North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, 
Texas, Virginia, Wyoming.
Petition History
    On July 27, 2022, we received a petition from the Center for 
Biological Diversity requesting that the Southern Plains bumble bee 
(Bombus fraternus) be listed as an endangered species 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 50 CFR 
424.14(c). This finding addresses the petition.
Finding
    We reviewed the petition, sources cited in the petition, and other 
readily available information. We considered the credible information 
that the petition provided regarding effects of the threats that fall 
within factors under the Act's section 4(a)(1) as potentially 
ameliorated or exacerbated by any existing regulatory mechanisms or 
conservation efforts. Based on our review of the petition and readily 
available information regarding agriculture practices (Factor A) and 
pesticide use (Factor E), we find that the petition presents 
substantial scientific or commercial information indicating that 
listing the Southern Plains bumble bee as a threatened species or 
endangered species may be warranted. The petitioners also presented 
information suggesting nonnative

[[Page 4889]]

invasive species encroachment, grazing, honey bees, changes to fire 
regimes, disease, inadequacy of existing regulatory mechanisms, climate 
change, and the effects of small populations may be threats to the 
Southern Plains bumble bee. We will fully evaluate these potential 
threats during our 12-month status review, pursuant to the Act's 
requirement to review the best scientific and commercial information 
available when making that finding.
    The basis for our finding on this petition and other information 
regarding our review of the petition can be found at https://www.regulations.gov under Docket No. FWS-R3-ES-2023-0137 under the 
Supporting Documents section.

Evaluation of a Petition To List the Southwest Spring Firefly

Species and Range
    Southwest spring firefly (Bicellonycha wickershamorum); Arizona and 
New Mexico (United States), Sonora (Mexico).
Petition History
    On March 30, 2023, we received a petition from The Xerces Society 
for Invertebrate Conservation and the New Mexico BioPark Society 
requesting that the Southwest spring firefly (Bicellonycha 
wickershamorum) be listed as an endangered species 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 50 CFR 424.14(c). This 
finding addresses the petition.
Finding
    We reviewed the petition, sources cited in the petition, and other 
readily available information. We considered the credible information 
that the petition provided regarding effects of the threats that fall 
within factors under the Act's section 4(a)(1) as potentially 
ameliorated or exacerbated by any existing regulatory mechanisms or 
conservation efforts. Based on our review of the petition and readily 
available information regarding loss and degradation of wetland 
habitats (Factor A), livestock grazing (Factor A), mining (Factor A), 
climate change (Factor E), and light pollution (Factor E), we find that 
the petition presents substantial scientific or commercial information 
indicating that listing the Southwest spring firefly as an endangered 
species may be warranted. We will fully evaluate these potential 
threats during our 12-month status review, pursuant to the Act's 
requirement to review the best scientific and commercial information 
available when making that finding.
    The basis for our finding on this petition, and other information 
regarding our review of the petition, can be found at https://www.regulations.gov under Docket No. FWS-R2-ES-2023-0136 under the 
Supporting Documents section.

Evaluation of a Petition To List the White-Margined Penstemon

Species and Range
    White-margined penstemon (Penstemon albomarginatus); Mohave County, 
Arizona; Nye and Clark Counties, Nevada; San Bernadino County, 
California.
Petition History
    On March 16, 2023, we received a petition from the Center for 
Biological Diversity requesting that white-margined penstemon 
(Penstemon albomarginatus) be listed as a threatened species or an 
endangered species 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 50 CFR 424.14(c). This finding addresses the petition.
Finding
    We reviewed the petition, sources cited in the petition, and other 
readily available information. We considered the credible information 
that the petition provided regarding effects of the threats that fall 
within factors under the Act's section 4(a)(1) as potentially 
ameliorated or exacerbated by any existing regulatory mechanisms or 
conservation efforts. Based on our review of the petition, sources 
cited in the petition, and readily available information regarding 
habitat loss and degradation due to land development and off-highway 
vehicle use (Factor A) and effects of climate change (Factor E), we 
find that the petition presents substantial scientific or commercial 
information indicating that listing the white-margined penstemon as a 
threatened species or endangered species may be warranted. The 
petitioners also presented information suggesting cattle grazing 
(Factor A), insect and mammalian predation (Factor C), invasive plant 
species (Factor E), and pollinator limitation (Factor E) may be threats 
to the white-margined penstemon. We will fully evaluate these potential 
threats during our 12-month status review, pursuant to the Act's 
requirement to review the best scientific and commercial information 
available when making that finding.
    The basis for our finding on this petition, and other information 
regarding our review of the petition, can be found at https://www.regulations.gov under Docket No. FWS-R8-ES-2023-0141 under the 
Supporting Documents section.

Evaluation of a Petition To List the Yellow-Spotted Woodland Salamander

Species and Range
    Yellow-spotted woodland salamander (Plethodon pauleyi); West 
Virginia, Virginia, Kentucky, and Tennessee; range extends from the New 
River Gorge in West Virginia to Pine Mountain along the Kentucky and 
Tennessee border.
Petition History
    On August 24, 2022, we received a petition from the Center for 
Biological Diversity, Appalachian Mountain Advocates, Appalachian 
Voices, Citizens Coal Council, The Clinch Coalition, Coal River 
Mountain Watch, Dogwood Alliance, Forest Keeper, Heartwood, Kentucky 
Heartwood, and Kentucky Waterways Alliance requesting that yellow-
spotted woodland salamander (Plethodon pauleyi) be listed as a 
threatened species or an endangered species 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 50 CFR 424.14(c). This 
finding addresses the petition.
Finding
    We reviewed the petition, sources cited in the petition, and other 
readily available information. We considered the credible information 
that the petition provided regarding effects of the threats that fall 
within factors under section 4(a)(1) as potentially ameliorated or 
exacerbated by any existing regulatory mechanisms or conservation 
efforts. Based on our review of the petition and readily available 
information regarding mining operations (Factor A), land clearing 
(Factor A) and climate change (Factor E), we find that the petition 
presents substantial scientific or commercial information indicating 
that listing the yellow-spotted woodland salamander as a threatened 
species or an endangered species may be warranted. The petitioners also 
presented information suggesting that collection, predation, disease, 
invasive species, pollution, and recreation may be threats to the 
yellow-spotted woodland salamander. We will

[[Page 4890]]

fully evaluate these potential threats during our 12-month status 
review, pursuant to the Act's requirement to review the best scientific 
and commercial information available when making that finding.
    The basis for our finding on this petition and other information 
regarding our review of the petition can be found at https://www.regulations.gov under Docket No. FWS-R5-ES-2023-0140 under the 
Supporting Documents section.

Evaluation of a Petition To List the Eastern Hellbender

Species and Range
    Eastern hellbender (Cryptobranchus alleganiensis alleganiensis); 
Northeastern Mississippi, northern Alabama, northern Georgia, 
Tennessee, western North Carolina, western Virginia, West Virginia, 
Kentucky, southern Illinois, southern Indiana, Ohio, Pennsylvania, 
western Maryland, and southern New York, with disjunct populations 
occurring in east-central Missouri.
Petition History
    On March 31, 2022, we received a petition from Jenna M. Hauck 
requesting that the eastern hellbender (Cryptobranchus alleganiensis 
alleganiensis) be listed as 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
    We reviewed the petition, sources cited in the petition, and other 
readily available information (within the constraints of the Act and 50 
CFR 424.14(h)(1)). We considered the credible information that the 
petition provided regarding the individual and cumulative effects of 
threats that fall within factors under the Act's section 4(a)(1) as 
potentially ameliorated or exacerbated by any existing regulatory 
mechanisms or conservation efforts. Based on our review of the 
petition, sources cited in the petition, and other readily available 
information, we find that the petition does not provide substantial 
scientific or commercial information indicating that listing the 
eastern hellbender as a threatened species may be warranted. All of the 
information provided by the petitioner was already considered in our 
2019 12-month finding for the species in which we determined that 
listing is not warranted (84 FR 13223; April 4, 2019). 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 FOR FURTHER 
INFORMATION CONTACT, above).
    The basis for our finding on this petition, and other information 
regarding our review of the petition can be found at https://www.regulations.gov under Docket No. FWS-R3-ES-2023-0138 under the 
Supporting Documents section.
Conclusion
    On the basis of our evaluation of the information presented in the 
petitions under sections 4(b)(3)(A) of the Act, we have determined that 
the petitions summarized above for Betta hendra, Betta rutilans, the 
Hickory Nut Gorge green salamander, pygmy rabbit, Railroad Valley toad, 
Southern Plains bumble bee, Southwest spring firefly, white-margined 
penstemon, and yellow-spotted woodland salamander present substantial 
scientific or commercial information indicating that the petitioned 
actions may be warranted. We are, therefore, initiating status reviews 
of these species to determine whether the actions are warranted under 
the Act. At the conclusion of the status reviews, we will issue 
findings, 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 any 
species is an endangered species or a threatened species. In addition, 
we have determined that the petition summarized above for the eastern 
hellbender does not present substantial scientific or commercial 
information indicating that the petitioned action may be warranted. We 
are, therefore, not initiating a status review for the eastern 
hellbender in response to the petition.

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.).

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-01454 Filed 1-24-24; 8:45 am]
BILLING CODE 4333-15-P


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