[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Proposed Rules]
[Pages 8629-8631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02620]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2023-0261; FF09E21000 FXES1111090FEDR 245]


Endangered and Threatened Wildlife and Plants; 90-Day Finding for 
the Kings River Pyrg

AGENCY: Fish and Wildlife Service, Interior.

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

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on a petition to add the Kings River pyrg (Pyrgulopsis 
imperialis) to the List of Endangered and Threatened Wildlife under the 
Endangered Species Act of 1973, as amended (Act). Based on our review, 
we find that the petition to list the Kings River pyrg 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 are initiating a status review to 
determine whether the petitioned action is warranted. To ensure that 
the status review is comprehensive, we request scientific and 
commercial data and other information regarding Kings River pyrg and 
factors that may affect its status. Based on the status review, we will 
issue a 12-month petition finding, which will address whether or not 
the petitioned action is warranted, in accordance with the Act.

DATES: This finding was made on February 8, 2024. As we commence our 
status review, we seek any new information concerning the status of, or 
threats to, the Kings River pyrg or its habitats. Any information we 
receive during the course of our status review will be considered.

ADDRESSES: 
    Supporting documents: A summary of the basis for the petition 
finding contained in this document is available on https://www.regulations.gov in Docket No. FWS-R8-ES-2023-0261. 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, the Kings 
River pyrg or its habitat, 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-R8-ES-2023-0261, 
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-R8-ES-2023-0261, 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.

FOR FURTHER INFORMATION CONTACT: Justin Barrett, Deputy Field 
Supervisor, Reno Fish and Wildlife Office, telephone: 775-861-6300, 
email: <a href="/cdn-cgi/l/email-protection#462c3335322f2819242734342332320620313568212930"><span class="__cf_email__" data-cfemail="82e8f7f1f6ebecdde0e3f0f0e7f6f6c2e4f5f1ace5edf4">[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:

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

[[Page 8630]]

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.

Summary of Petition Finding

Species and Range

    Kings River pyrg (Pyrgulopsis imperialis); Humboldt County, Nevada.

Evaluation of Information Summary

    On October 31, 2023, we received a petition from the Western 
Watersheds Project, requesting that the Kings River pyrg, an endemic 
springsnail found in Humboldt County, Nevada, be listed as an 
endangered species or a threatened 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 (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 spring modification (Factor A), we find that the 
petition presents substantial scientific or commercial information 
indicating that listing the Kings River pyrg may be warranted. The 
petition presents credible information that all 13 known springs 
occupied by the Kings River pyrg exhibited signs of habitat disturbance 
during 2018 surveys and that the flows of 4 occupied springs have 
already been modified.
    The petition discusses several additional threats, which could 
ultimately result in spring modification and impacts to Kings River 
pyrg habitat. These threats include livestock grazing, roads, drought, 
climate change, and the Thacker Pass Lithium Mine. The current State of 
Nevada Division of Environmental Protection (NDEP) Water Pollution 
Control permit for the Thacker Pass Lithium Mine does not authorize 
mining below the groundwater table (NDEP 2022), which as written, may 
significantly reduce the potential for spring modification from this 
project. The petitioners also presented information suggesting that 
nonnative aquatic species, small population size and limited 
distribution, and the species' lack of mobility may be threats to the 
Kings River pyrg. We will fully evaluate all potential threats to the 
species 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.

[[Page 8631]]

    The basis for our finding on this petition and other information 
regarding our review of the petition can be found as an appendix at 
https://www.regulations.gov under Docket No. FWS-R8-ES-2023-0261 under 
the Supporting Documents section.

Conclusion

    On the basis of our evaluation of the information presented in the 
petition under section 4(b)(3)(A) of the Act, we have determined that 
the petition summarized above for the Kings River pyrg presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted. We are, therefore, initiating a 
status review of the species 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.

Authors

    The primary authors of this document are staff members of the 
Pacific Southwest Region, Ecological Services Program, U.S. Fish and 
Wildlife Service.

Authority

    The authority for this action 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. 2024-02620 Filed 2-7-24; 8:45 am]
BILLING CODE 4333-15-P


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