Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Proposed Rules 7079 

located on Bureau of Land Management 

(BLM) land in portions of the species’ 

range in Arizona have not indicated 

substantial declines or extirpations. 

Habitat modeling indicates an estimated 

49,222 square miles (127,484 square 

kilometers) of suitable Sonoran desert 

tortoise habitat occurs in Arizona and 

Sonora, with 24 percent of that 

considered high suitability. In Arizona, 

29 percent of the species’ range is on 

publicly-owned lands managed 

specifically for the benefit of wildlife, 

including the Sonoran desert tortoise. 

Upon examining the current trends 

and a range of future scenarios, we 

expect that human development and 

climate change will have the greatest 

impact on the Sonoran desert tortoise’s 

viability due to its effects on habitat and 

survival rates. Urban expansion may 

result in the loss of Sonoran desert 

tortoise habitat, and adult survival rates 

have been shown to decrease in 

proximity to urban areas. Drought, a 

primary stressor shown to result in 

population crashes over abbreviated 

time frames, significantly reduces 

survival rates and may become more 

common and severe with climate 

change. The amount and distribution of 

habitat may also shift due to changes in 

precipitation and temperature patterns 

driven by climate change. In our species 

status assessment report, we modeled 

these effects to project Sonoran desert 

tortoise population trends into the 

future (USFWS 2021, pp. 59–71). 

Even with the projected effects of 

urban expansion and climate change, 

ample amounts of habitat capable of 

supporting Sonoran desert tortoises are 

expected to remain by the end of the 

century. Although declines in survival 

are anticipated near urban areas, we 

found these effects are not enough to 

significantly reduce viability of the 

species as a whole, and the affected 

areas only cover a relatively small 

portion of the species’ range (17 

percent). Our modeling projects that 

future drought is expected to result in 

a negative growth rate by the end of 

century and likely declines in overall 

abundance. The magnitude of these 

declines varies depending on the 

assumptions of future environmental 

changes. However, our modeling 

indicates that the risk of quasiextinction by end of century is less than 

1 percent regardless of the scenario. Due 

to high current estimated population 

sizes and a large area of suitable habitat, 

even with the projected declines, we 

anticipate the Sonoran desert tortoise 

will continue to occupy the majority of 

currently suitable habitat in sufficient 

numbers such that the species maintains 

viability. After evaluating the best 

available scientific and commercial 

information on potential threats acting 

individually or in combination, we find 

that Sonoran desert tortoise populations 

are expected to maintain resiliency, 

redundancy, and representation in the 

foreseeable future throughout all or a 

significant portion of the species’ range. 

Our review of the best available 

scientific and commercial information 

regarding the past, present, and future 

threats to the species indicates that the 

Sonoran desert tortoise is not in danger 

of extinction nor likely to become 

endangered within the foreseeable 

future throughout all or a significant 

portion of its range and does not meet 

the definition of an endangered species 

or a threatened species under the Act. 

Therefore, we find that listing the 

Sonoran desert tortoise as an 

endangered or threatened species under 

the Act is not warranted at this time. A 

detailed discussion of the basis for this 

finding can be found in the Sonoran 

desert tortoise species assessment form, 

which outlines in more detail the 

rationale for our decision, and the 

revised species status assessment report 

(USFWS 2021, entire), and other 

supporting documents (see ADDRESSES, 

above), which capture the scientific 

information upon which our decision 

was based. 

New Information 

We request that you submit any new 

information concerning the taxonomy 

of, biology of, ecology of, status of, or 

stressors to the Sonoran desert tortoise 

to the person listed above under FOR

FURTHER INFORMATION CONTACT, 

whenever it becomes available. New 

information will help us monitor this 

species and make appropriate decisions 

about its conservation and status. We 

encourage local agencies and 

stakeholders to continue cooperative 

monitoring and conservation efforts. 

References Cited 

A list of the references cited in this 

document is available on the internet at 

https://www.regulations.gov under 

Docket No. FWS–R2–ES–2021–0153 in 

the species assessment form, or upon 

request from the person listed above 

under FOR FURTHER INFORMATION

CONTACT. 

Authors 

The primary authors of this document 

are the staff members of the Species 

Assessment Team, Ecological Services 

Program. 

Authority 

The authority for this action is section 

4 of the Endangered Species Act of 

1973, as amended (16 U.S.C. 1531 et 

seq.). 

Martha Williams, 

Principal Deputy Director, Exercising the 

Delegated Authority of the Director, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2022–02422 Filed 2–7–22; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FF09E21000 FXES1111090FEDR 223] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Findings for Three 

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 three 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 the thickleaf bladderpod (Physaria pachyphylla) 

and variable cuckoo bumble bee 

(Bombus variabilis) 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 

will address whether or not the 

petitioned actions are warranted, in 

accordance with the Act. We further 

find that the petition to recognize the 

Texas population of the ocelot 

(Leopardus pardalis) as a distinct 

population segment (DPS) and to list 

that DPS does not present substantial 

scientific or commercial information 

indicating the petitioned action may be 

warranted. Therefore, we are not 

initiating a status review of the Texas 

ocelot population. 

DATES: These findings were made on 

February 8, 2022. As we commence our 

status reviews, we seek any new 

information concerning the status of, or 


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threats to, the thick-leaf bladderpod or 

variable cuckoo bumble bee, or their 

habitats. Any information we receive 

during the course of our status reviews 

will be considered. 

ADDRESSES: 

Supporting documents: Summaries of 

the basis 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, the thick-leaf bladderpod or 

variable cuckoo bumble bee, or their 

habitats, 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 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 

Thick-leaf bladderpod ........................... Ben Conard, Deputy Project Leader, Montana Ecological Services Field Office, 406–758–6882, Ben_

Conard@fws.gov. 

Variable cuckoo bumble bee ................ Louise Clemency, Field Supervisor, Chicago Ecological Services Field Office, 312–485–9337, Louise_

Clemency@fws.gov. 

Texas population of ocelot ................... Hilary Swarts, Wildlife Biologist, Laguna Atascosa National Wildlife Refuge, 956–748–3607, Hilary_

Swarts@fws.gov. 

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 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 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 


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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 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—STATUS REVIEWS

Common name Docket No. URL to Docket on https://www.regulations.gov 

Thick-leaf bladderpod ........................................ FWS–R6–ES–2021–0117 ....... https://www.regulations.gov/docket/FWS-R6-ES-2021-0117. 

Variable cuckoo bumble bee ............................. FWS–R3–ES–2021–0118 ....... https://www.regulations.gov/docket/FWS-R3-ES-2021-0118. 

TABLE 2—NOT-SUBSTANTIAL PETITION FINDING

Common name Docket No. URL to Docket on https://www.regulations.gov 

Texas population of ocelot ................................. FWS–R2–ES–2021–0119 ....... https://www.regulations.gov/docket/FWS-R2-ES-2021-0119. 

Evaluation of a Petition To List the 

Thick-Leaf Bladderpod 

Species and Range 

Thick-leaf bladderpod (Physaria 

pachyphylla); Montana and Wyoming. 

Petition History 

On March 11, 2021, we received a 

petition from the Center for Biological 

Diversity, Montana Native Plant Society, 

and Pryors Coalition, requesting that the 

thick-leaf bladderpod 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. 

Evaluation of Information 

The petitioners state that a gypsum 

exploration project is proposed in the 

Pryor Foothills Research Natural Area 

(RNA)/Area of Critical Environmental 

Concern (ACEC) within the largest 

documented subpopulation of the thickleaf bladderpod. If the proposed 

exploration project occurs, these 

activities may result in unavoidable 

impacts to thick-leaf bladderpod 

populations through habitat loss and 

modification, invasive species 

introduction, and direct mortality, and 

upgrades to access roads in the project 

area will have potential impacts to 

thick-leaf bladderpod individuals and 

habitat. In 2015, the Pryor Foothills 

RNA/ACEC was recommended for 

withdrawal from all locatable mineral 

entry; however, the withdrawal has not 

occurred. If the proposed exploration 

finds marketable gypsum, then further 

gypsum mining is foreseeable. The 

proposed project is currently under 

review by the Bureau of Land 

Management. 

Finding 

We reviewed the petition, sources 

cited in the petition, and other readily 

available information. Based on our 

review of the petition and readily 

available information regarding gypsum 

mining exploration (Factor A), we find 

that the petition presents substantial 

scientific or commercial information 

indicating that listing the thick-leaf 

bladderpod as an endangered or 

threatened species may be warranted. 

The petitioners also presented 

information suggesting off-road vehicle 

use may be a threat to the thick-leaf 

bladderpod. We will fully evaluate ORV 

use and other potential threats during 

our 12-month status review, pursuant to 

the Act’s requirement to review the best 

available scientific information when 

making that finding. 

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–R6–ES–2021–0117 under the 

Supporting Documents section. 

Evaluation of a Petition To List Variable 

Cuckoo Bumble Bee 

Species and Range 

Variable cuckoo bumble bee (Bombus 

variabilis); Alabama, Arizona, Arkansas, 

California, Delaware, Colorado, Florida, 

Georgia, Illinois, Indiana, Iowa, Kansas, 

Kentucky, Louisiana, Maryland, 

Michigan, Mississippi, Missouri, 

Montana, Nebraska, Nevada, New 

Jersey, New Mexico, New York, North 

Carolina, Ohio, Oklahoma, Oregon, 

Pennsylvania, South Carolina, South 

Dakota, Tennessee, Texas, Virginia, 

West Virginia; Canada (Ontario); and 

Mexico. 

Petition History 

On May 17, 2021, we received a 

petition from the Center for Biological 

Diversity requesting that the variable 

cuckoo bumble bee 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. 

Evaluation of Information 

The petitioner provided credible 

information indicating potential threats 

to the variable cuckoo bumble bee 


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within multiple populations across its 

range due to the loss of the host species, 

the American bumble bee (Bombus 

pensylvanicus), which supports the 

feeding and nesting of variable cuckoo 

bumble bees (Factor E). The petitioner 

also provided credible information that 

the existing regulatory mechanisms may 

be inadequate to address these potential 

threats (Factor D). 

Finding 

We reviewed the petition and sources 

cited in the petition. We considered the 

factors under section 4(a)(1) and 

assessed the effect that the threats 

identified within the factors—as may be 

ameliorated or exacerbated by any 

existing regulatory mechanisms or 

conservation efforts—may have on the 

species now and in the foreseeable 

future. Based on our review of the 

petition regarding the loss of the host 

species (Factor E), we find that the 

petition presents substantial scientific 

or commercial information indicating 

that listing the variable cuckoo bumble 

bee as an endangered or threatened 

species may be warranted. The 

petitioner also presented information 

suggesting habitat destruction from 

agricultural intensification, livestock 

grazing, and pesticide use; pathogen 

spillover; loss of genetic diversity; and 

climate change may be threats to the 

variable cuckoo 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 

as an appendix at https://

www.regulations.gov under Docket No. 

FWS–R3–ES–2021–0118 under the 

Supporting Documents section. 

Evaluation of a Petition To List the 

Texas Population of Ocelot 

Species and Range 

Ocelot (Leopardus pardalis); Texas, 

Arizona, Argentina, Belize, Bolivia, 

Brazil, Colombia, Costa Rica, Ecuador, 

El Salvador, French Guiana, Guatemala, 

Guyana, Honduras, Mexico, Nicaragua, 

Panama, Paraguay, Peru, Suriname, 

Trinidad and Tobago, Uruguay, 

Venezuela. 

Petition History 

Ocelots have been listed as an 

endangered species rangewide under 

the Act since 1972 (37 FR 6476; March 

30, 1972), which includes where they 

are found in Arizona and Texas (47 FR 

31670; July 21, 1982). On March 30, 

2021, we received a petition from 

WildEarth Guardians dated February 2, 

2021, requesting that the Texas 

population of ocelots be classified as a 

distinct population segment (DPS) and 

listed as an endangered species or a 

threatened species under the Act. The 

petition also requested designation of 

critical habitat for the Texas population 

of ocelots. 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. 

Evaluation of Information 

We evaluated information provided in 

the petition to determine if the petition 

identified an entity that may be eligible 

for listing as a DPS under the Service’s 

Policy Regarding the Recognition of 

Distinct Vertebrate Population Segments 

Under the Endangered Species Act (DPS 

policy) (61 FR 4722; February 7, 1996). 

Our evaluation concluded that the 

petition did not provide substantial 

information that the Texas population of 

ocelots may meet the significance 

criteria of our DPS policy. Therefore, we 

did not further evaluate whether the 

petition presents substantial 

information indicating that the 

petitioned action may be warranted. 

Finding 

Based on our review of the petition 

and sources cited in the petition, we 

find that the petition does not present 

substantial scientific or commercial 

information indicating the petitioned 

action may be warranted for the ocelot. 

The petition from WildEarth Guardians 

requests designation of the ocelot 

populations in Texas as a DPS. Under 

the Service’s DPS policy, the elements 

for listing a DPS are that the population 

is both discrete and significant and 

meets the definition of an endangered 

species or threatened species (61 FR 

4722; February 7, 1996). The petition 

presents substantial information that 

Texas ocelots may meet both elements 

of discreteness as defined by the DPS 

policy, due to (1) marked separation as 

evidenced by extensive development 

along the border and little to no genetic 

exchange between ocelots in Texas and 

Mexico and (2) differences in control of 

exploitation and regulatory mechanisms 

to protect the species between the 

United States and Mexico. However, the 

petition does not present substantial 

scientific or commercial information 

explicitly related to the significance of 

Texas ocelots relative to the taxon. 

Furthermore, information available in 

our files refutes the claims made in the 

petition. We find that the ecological 

setting in which Texas ocelots occur is 

not unique and, therefore, Texas ocelots 

do not persist in a unique ecological 

setting compared to the rest of the 

taxon. In addition, we find that the loss 

of the Texas ocelot populations would 

not represent a significant gap in the 

species’ range. Thus, after reviewing the 

information presented in the petition, 

we determined that the petition does 

not present substantial information 

indicating that the ocelot population in 

Texas may meet the significance 

element to be a Distinct Population 

Segment. 

Because the petition does not present 

substantial information indicating that 

the Texas ocelot population meets the 

standard of a DPS, 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 appropriate contact under 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 as an appendix at https://

www.regulations.gov under Docket No. 

FWS–R2–ES–2021–0119 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 the thick-leaf 

bladderpod and variable cuckoo bumble 

bee 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 Texas 

population of ocelots does not present 

substantial scientific or commercial 

information indicating that the 

petitioned entity may qualify as a DPS. 

Therefore, it is not a listable entity 

under the Act. We are, therefore, not 

initiating a status review of this species 

in response to the petition. 


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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, 

Principal Deputy Director, Exercising the 

Delegated Authority of the Director, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2022–02545 Filed 2–7–22; 8:45 am] 

BILLING CODE 4333–15–P 


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