2024-22914. Endangered and Threatened Wildlife and Plants; 90-Day Findings for 8 Species

Species common name	Contact person
Betta miniopinna	Rachel London, Manager, Branch of Delisting and Foreign Species, Ecological Services Headquarters, 703-358-2491, [e-mail].
Crater Lake newt	Jennie Land, Field Supervisor, Klamath Falls Fish and Wildlife Office, 541-885-8481, [e-mail].
Florida intertidal firefly	Lourdes Mena, Classification and Recovery Division Manager, Florida Ecological Services Office, 904-731-3134, [e-mail].
Iowa skipper	Jason Luginbill, Project Leader, Kansas Ecological Services Field Office, 785-313-0772, [e-mail].
Long-tailed macaque	Rachel London, Manager, Branch of Delisting and Foreign Species, Ecological Services Headquarters, 703-358-2491, [e-mail].
San Francisco Estuary population of white sturgeon	Donald Ratcliff, Field Supervisor, San Francisco Bay-Delta Fish and Wildlife Office, 916-930-5632, [e-mail].
Southern pig-tailed macaque	Rachel London, Manager, Branch of Delisting and Foreign Species, Ecological Services Headquarters, 703-358-2491, [e-mail].
Tecopa bird's beak	Scott Sobiech, Field Supervisor, Carlsbad Fish and Wildlife Office, 760-431-9440, [e-mail].

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, the Crater Lake newt, Florida intertidal firefly, Iowa skipper, San Francisco Estuary population of white sturgeon, or Tecopa bird's beak, 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 .

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. ( print page 81390)

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 Five Species

Common name	Docket No.	URL to docket on https://www.regulations.gov
Crater Lake newt	FWS-R8-ES-2024-0025	https://www.regulations.gov/​docket/​FWS-R8-ES-2024-0025
Florida intertidal firefly	FWS-R4-ES-2024-0026	https://www.regulations.gov/​docket/​FWS-R4-ES-2024-0026
Iowa skipper	FWS-R6-ES-2023-0226	https://www.regulations.gov/​docket/​FWS-R6-ES-2023-0226
San Francisco Estuary population of white sturgeon	FWS-R8-ES-2024-0049	https://www.regulations.gov/​docket/​FWS-R8-ES-2024-0049
Tecopa bird's beak	FWS-R8-ES-2023-0256	https://www.regulations.gov/​docket/​FWS-R8-ES-2023-0256

Table 2—Internet Search Information for Not-Substantial Findings for Three Species

Common name	Docket No.	URL to docket on https://www.regulations.gov
Betta miniopinna	FWS-HQ-ES-2023-0229	https://www.regulations.gov/​docket/​FWS-HQ-ES-2023-0229
Long-tailed macaque	FWS-HQ-ES-2023-0228	https://www.regulations.gov/​docket/​FWS-HQ-ES-2023-0228
Southern pig-tailed macaque	FWS-HQ-ES-2023-0227	https://www.regulations.gov/​docket/​FWS-HQ-ES-2023-0227