This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

32241 

Vol. 86, No. 115 

Thursday, June 17, 2021 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FF09E21000 FXES11110900000 212] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Findings for Two 

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 two petitions to add 

species 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 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 status reviews of the Temblor 

legless lizard (Anniella alexanderae) 

and Santa Ana speckled dace 

(Rhinichthys osculus) to determine 

whether the petitioned actions are 

warranted. To ensure that the status 

reviews are comprehensive, we are 

requesting 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. 

DATES: These findings were made on 

June 17, 2021. As we commence our 

status reviews, we seek any new 

information concerning the status of, or 

threats to, the species 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 http://www.regulations.gov 

under the appropriate docket number 

(see table 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 species for which we are 

initiating status reviews, please provide 

those data or 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 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 

to: Public Comments Processing, Attn: 

[Insert appropriate docket number; see 

table 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 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). 

Species common name Contact person 

Temblor legless lizard ..................... Michael Fris, Project Leader, Sacramento Fish and Wildlife Office, 916–414–6700, Michael_Fris@fws.gov. 

Santa Ana speckled dace ............... Scott Sobiech, Field Supervisor, Carlsbad Fish and Wildlife Office, 760–431–9440, Scott_Sobiech@

fws.gov. 

FOR FURTHER INFORMATION CONTACT: 

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 


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32242 Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Proposed Rules 

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).

Summaries of Petition Findings 

The petition findings contained in 

this document are listed in the table 

below, and the basis for each finding, 

along with supporting information, is 

available on http://www.regulations.gov 

under the appropriate docket number. 

TABLE—STATUS REVIEWS

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

Temblor legless lizard ......... FWS–R8–ES–2021–0024 https://www.regulations.gov/docket/FWS-R8-ES-2021-0024. 

Santa Ana speckled dace ... FWS–R8–ES–2021–0023 https://www.regulations.gov/docket/FWS-R8-ES-2021-0023. 

Evaluation of a Petition To List the 

Temblor Legless Lizard 

Species and Range 

Temblor legless lizard (Anniella 

alexanderae); California. 

Petition History 

On October 20, 2020, we received a 

petition dated the same, from the Center 

for Biological Diversity, requesting that 

we list the Temblor legless lizard as an 

endangered or threatened species and 

designate critical habitat 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 

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 Temblor legless lizard due to 

potential threats associated with the 

following: Oil and gas development, 

urbanization, habitat fragmentation, and 

industrial solar projects (Factor A); and 

climate change and wildfires (Factor E). 

The petition also presented substantial 

information that existing regulatory 

mechanisms and conservation measures 

may be inadequate to address impacts of 

these threats (Factor D). 

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–2021–0024 under 

Supporting Documents. 

Evaluation of a Petition To List the 

Santa Ana Speckled Dace 

Species and Range 

Speckled dace (Rhinichthys osculus); 

Southern California. 

Petition History 

On May 11, 2020, we received a 

petition dated the same, from the Center 

for Biological Diversity, requesting that 

we list the Southern California 

population of the speckled dace (Santa 

Ana speckled dace), either as a 

taxonomically defined species or as a 

distinct population segment under our 

Policy Regarding the Recognition of 

Distinct Vertebrate Population Segments 

Under the Endangered Species Act (61 

FR 4722; February 7, 1996), as an 

endangered or threatened species and 

designate critical habitat 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 

Based on our review of the petition 

and sources cited in the petition, we 

find that the petition presents 

substantial scientific or commercial 


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information indicating the petitioned 

entity (Santa Ana speckled dace) may be 

a distinct population segment (DPS) and 

that the petitioned action may be 

warranted due to potential threats 

associated with the following: Dams, 

reservoirs, and water diversions; 

barriers to migration and movement; 

roads; pollution; mining; concentrated 

recreational use; and off-road vehicle 

use (Factor A); predation (Factor C); and 

drought, wildfires and flooding, 

introduced species, climate change, and 

population fragmentation (Factor E). We 

further find that the petition presents 

substantial scientific or commercial 

information indicating that existing 

regulatory mechanisms may be 

inadequate to fully ameliorate the 

identified threats (Factor D), although 

there is also information indicating that 

these regulatory mechanisms and other 

conservation efforts provide some 

protection to the Santa Ana speckled 

dace. 

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–2021–0023 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) and 

4(b)(3)(D)(i) of the Act, we have 

determined that the petitions 

summarized above for the Temblor 

legless lizard and Santa Ana speckled 

dace 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. 

Request for Information for Status 

Reviews 

When we make a finding that a 

petition presents substantial 

information indicating that listing, 

delisting, or reclassification 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 

the 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, delisting, or 

reclassification 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 the status review 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. 

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. 2021–12814 Filed 6–16–21; 8:45 am] 

BILLING CODE 4333–15–P 


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