2025-01118. Endangered and Threatened Wildlife and Plants; 90-Day Findings for Eight Species

Species common name	Contact person
Amargosa toad and Oasis Valley speckled dace	Glen Knowles, Field Supervisor, Southern Nevada Fish and Wildlife Office, 702-515-5244, glen_knowles@fws.gov.
Carson Valley monkeyflower	Kristin Jule, Field Supervisor, Reno Fish and Wildlife Office, 775-861-6337, kristin_jule@fws.gov.
Golden-cheeked warbler	Michael Warriner, Supervisory Fish and Wildlife Biologist, Austin Ecological Services Field Office, 512-937-7371, michael_warriner@fws.gov.
Large marble butterfly (including the large marble type subspecies)	Michael Fris, Field Supervisor, Sacramento Fish and Wildlife Office, 916-425-0099, michael_fris@fws.gov.
Mohave ground squirrel	Scott Sobiech, Field Supervisor, Carlsbad Fish and Wildlife Office, 760-431-9440, scott_sobiech@fws.gov.
Morrison bumble bee	Shawn Sartorius, Field Supervisor, New Mexico Ecological Services Field Office, 505-761-4781, shawn_sartorius@fws.gov.
Tennessee bottlebrush crayfish	Bill Pearson, Field Supervisor, Alabama Ecological Services Field Office, 251-441-5870, bill_pearson@fws.gov.

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SUPPLEMENTARY INFORMATION: ( print page 7039)

Information Submitted for a Status Review

You may submit your comments and materials concerning the status of, or threats to, the Amargosa toad, Carson Valley monkeyflower, golden-cheeked warbler, large marble butterfly (including the large marble butterfly type subspecies), Mohave ground squirrel, Morrison bumble bee, Oasis Valley speckled dace, and Tennessee bottlebrush crayfish, 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 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 .

In 2016, the Service and the National Marine Fisheries Service of the Department of Commerce revised the regulations that outline the procedures for evaluating petitions (81 FR 66462; September 27, 2016). These regulations at 50 CFR 424.14 were effective October 27, 2016. These current 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. When evaluating the seven petitions (received after September 27, 2016) to add species to the Lists of Endangered and Threatened Wildlife and Plants, we applied the current regulations at 50 CFR 424.14.

We received the petition to delist the golden-cheeked warbler prior to the effective date of the current regulations. Therefore, we evaluated the golden-cheeked warbler petition under the 50 CFR 424.14 requirements that were in effect prior to October 27, 2016, as those requirements applied when the petition was received. The regulations in effect prior to October 27, 2016, establish that the standard for substantial scientific or commercial information with regard to a 90-day petition finding is “that amount of information that would lead a reasonable person to believe that the measure proposed in the petition may be warranted” (former 50 CFR 424.14(b)).

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);

(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 ( print page 7040) 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 these findings (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
Amargosa toad	FWS-R8-ES-2024-0176	https://www.regulations.gov/docket/FWS-R8-ES-2024-0176.
Carson Valley monkeyflower	FWS-R8-ES-2024-0100	https://www.regulations.gov/docket/FWS-R8-ES-2024-0100.
Golden-cheeked warbler	FWS-R2-ES-2024-0179	https://www.regulations.gov/docket/FWS-R2-ES-2024-0179.
Large marble butterfly (including the large marble type subspecies)	FWS-R8-ES-2024-0097	https://www.regulations.gov/docket/FWS-R8-ES-2024-0097.
Mohave ground squirrel	FWS-R8-ES-2024-0098	https://www.regulations.gov/docket/FWS-R8-ES-2024-0098.
Morrison bumble bee	FWS-R2-ES-2024-0099	https://www.regulations.gov/docket/FWS-R2-ES-2024-0099.
Oasis Valley speckled dace	FWS-R8-ES-2024-0177	https://www.regulations.gov/docket/FWS-R8-ES-2024-0177.
Tennessee bottlebrush crayfish	FWS-R4-ES-2024-0101	https://www.regulations.gov/docket/FWS-R4-ES-2024-0101.

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Document Information

Published:: 01/21/2025
Department:: Fish and Wildlife Service
Entry Type:: Proposed Rule
Action:: Notification of petition findings and initiation of status reviews.
Document Number:: 2025-01118
Dates:: WThese findings were made on January 21, 2025.
Pages:: 7038-7043 (6 pages)
Docket Numbers:: FXES1111090FEDR-256-FF09E21000
PDF File:: 2025-01118.pdf
Supporting Documents:: » Defenders et al 2023 MGS Listing Petition 12-13-23 FINAL; » 20241203_90d batch_8 species_PRF_Mohave ground squirrel
CFR: (1): 50 CFR 17