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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Proposed Rules acres 2,000,655 hectares that extents westward into La Paz County, Arizona because of their genetic similarity, which expands the range beyond what the petitioners identify as the current range in their petition. Refer to our 2014
SSA, available at http
www.regulations.gov under Docket No.
FWSR2ES20210067, for more information on the genetic analysis of this subspecies.
Petition History
lotter on DSK11XQN23PROD with PROPOSALS1

On October 20, 2020, we received a petition dated September 24, 2020, from the CBD requesting that the Tucson shovel-nosed snake be listed as an endangered or 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 424.14c. This finding addresses the petition.
We previously received a petition from the same petitioner requesting that the Tucson shovel-nosed snake be listed as an endangered or threatened species and critical habitat be designated under the Act on December 14, 2004. We subsequently completed a substantial 90-day finding 73 FR 43905; July 29, 2008 and found listing was warranted but precluded by higher priority actions in a 12-month finding, when the Tucson shovel-nosed snake was added to the list of candidate species 75 FR 16050;
March 31, 2010. On September 9, 2011, the Service entered into a settlement agreement where we were required to submit a proposed rule or not warranted 12-month finding for the Tucson shovelnosed snake by September 30, 2014.
Therefore, we completed an SSA in 2014 Service 2014b and published a 12-month finding 79 FR 56730;
September 23, 2014 that concluded that listing the Tucson shovel-nosed snake as an endangered or threatened species was not warranted, and, therefore, we removed the subspecies from our candidate list. Where the prior review resulted in a final agency action, a petitioned action generally would not be considered to present substantial scientific and commercial information indicating that the action may be warranted unless the petition provides
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new information not previously considered see 50 CFR 424.14hiii, which this petition did not.
Finding We reviewed the petition, sources cited in the petition, and other readily available information. Based on our review of the petition, sources cited in the petition, and other readily available information, we find that the petition does not provide substantial scientific or commercial information indicating that listing the Tucson shovel-nosed snake as an endangered or threatened species may be warranted. The key difference between the petitioners conclusions regarding the species likely status and the conclusions in our 2014
finding relate to the difference in interpretation of the current range of the species, as described above. We stand by our previous determination that genetic analysis is a better scientific method than color patterns for determining which subspecies a shovelnosed snake belongs to, and the petition did not contain any substantial or new information that indicated otherwise.
Additionally, almost all of the information regarding potential threats to the Tucson shovel-nosed snake provided in and cited by the petition were previously considered in our 2014
not warranted finding. Although the petition provides some new information regarding specific impacts from proposed Interstate 11, our previous finding considered the likely additional impacts of future development in this area. Our review of the petition found that any potential impact to the Tucson shovel-nosed snake from proposed Interstate 11 is not likely to significantly affect Tucson shovel-nosed snake individuals.
Because the petition does not present substantial information indicating that listing the Tucson shovel-nosed snake may be warranted, we are not initiating a status review of this subspecies 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 subspecies or its habitat at any time see FOR FURTHER INFORMATION CONTACT, above.
The basis for our finding on this petition, and other information
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regarding our review of the petition, can be found as an appendix at http
www.regulations.gov under Docket No.
FWSR2ES20210067 under the Supporting Documents section.
Conclusion On the basis of our evaluation of the information presented in the petitions under sections 4b3A and 4b3Di of the Act, we have determined that the petitions summarized above for American bumble bee, Long Valley speckled dace, and Siuslaw hairy-necked tiger beetle 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 4b3B 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 petitions summarized above for the Florida torreya and Tucson shovel-nosed snake do not present substantial scientific or commercial information indicating that the petitioned action may be warranted.
We are, therefore, not initiating a status review of either of these species in response to the petitions.
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.
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