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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules
distribution; 3 whether the threats affect the species in only a portion of its range, and, if so, the likelihood of persistence of the species in the unaffected portions; 4 the severity of the effects and the rapidity with which they have caused or are likely to cause mortality to individuals and accompanying declines in population levels; 5 whether the effects are likely to be permanent; and 6 the extent to which any ongoing conservation efforts reduce the severity of the threats.
As used in our priority-ranking system, immediacy of threat is categorized as either imminent or nonimminent, and is based on when the threats will begin. If a threat is currently occurring or likely to occur in the very near future, we classify the threat as imminent. Determining the immediacy of threats helps ensure that species facing actual, identifiable threats are given priority for listing proposals over species for which threats are only potential or species that are intrinsically vulnerable to certain types of threats but are not known to be presently facing such threats.
Our priority-ranking system has three categories for taxonomic status: Species that are the sole members of a genus;
full species in genera that have more than one species; and subspecies and distinct population segments of vertebrate species DPS.
The result of the ranking system is that we assign each candidate an LPN of 1 to 12. For example, if the threats are of high magnitude, with immediacy classified as imminent, the listable entity is assigned an LPN of 1, 2, or 3
based on its taxonomic status i.e., a species that is the only member of its genus would be assigned to the LPN 1
category, a full species to LPN 2, and a subspecies or DPS would be assigned to LPN 3. In summary, the LPN ranking system provides a basis for making decisions about the relative priority for preparing a proposed rule to list a given species. No matter which LPN we assign to a species, each species included in this document as a candidate is one for which we have concluded that we have sufficient information to prepare a proposed rule for listing because it is in danger of extinction or likely to become endangered within the foreseeable future throughout all or a significant portion of its range.
For more information on the process and standards used in assigning LPNs, a copy of the 1983 guidance is available on our website at: https www.fws.gov/
endangered/esa-library/pdf/48fr4309843105.pdf. Information on the LPN
assigned to a particular species is summarized in this CNOR, and the
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species assessment for each candidate contains the LPN chart and a moredetailed explanationincluding citations to, and more-detailed analyses of, the best scientific and commercial data availablefor our determination of the magnitude and immediacy of threats and assignment of the LPN.
Summary of This CNOR
Since publication of the last CNOR
that included foreign species on October 10, 2019 84 FR 54732, we reviewed the available information on candidate species to ensure that a proposed listing is justified for each species, and reevaluated the relative LPN assigned to each species. We also evaluated the need to emergency list any of these species, particularly species with higher priorities i.e., species with LPNs of 1, 2, or 3. This review and reevaluation ensures that we focus conservation efforts on those species at greatest risk.
We are not identifying any new candidates or removing any candidates through this document. However, we are changing the listing priority number for one existing candidate.
In addition to reviewing candidate species since publication of the last CNOR that included foreign species, we have worked on findings in response to petitions to list species, on proposed rules to list species under the Act, and on final listing determinations. Some of these findings and determinations have been completed and published in the Federal Register, while work on others is still under way see Preclusion and Expeditious Progress, below, for details.
Combined with other findings and determinations published separately from this CNOR, 19 foreign species are candidates awaiting preparation of a proposed listing rule or not-warranted finding. Table 4 identifies these 19
species.
Petition Findings The Act provides two mechanisms for considering species for listing. One method allows the Secretary, on the Secretarys own initiative, to identify species for listing under the standards of section 4a1. The second method provides a mechanism for the public to petition us to add a species to the Lists.
As described further in the paragraphs that follow, the CNOR serves several purposes as part of the petition process:
1 In some instances in particular, for petitions to list species that the Service has already identified as candidates on its own initiative, it serves as the initial petition finding; 2 for candidate species for which the Service has made a warranted-but-precluded petition
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finding, it serves as a resubmitted petition finding that the Act requires the Service to make each year; and 3 it documents the Services compliance with the statutory requirement to monitor the status of species for which listing is warranted but precluded, and to ascertain if they need emergency listing.
First, the CNOR serves as an initial petition finding in some instances.
Under section 4b3A of the Act, when we receive a petition to list a species, we must determine within 90
days, to the maximum extent practicable, whether the petition presents substantial information indicating that listing may be warranted a 90-day finding. If we make a positive 90-day finding, we must promptly commence a status review of the species under section 4b3A; we must then make, within 12 months of the receipt of the petition, one of the following three possible findings a 12month finding:
1 The petitioned action is not warranted, in which case we must promptly publish the finding in the Federal Register;
2 The petitioned action is warranted in which case we are required to promptly publish a proposed regulation to implement the petitioned action;
once we publish a proposed rule for a species, sections 4b5 and 4b6 of the Act govern further procedures, regardless of whether or not we issued the proposal in response to a petition;
or 3 The petitioned action is warranted, but a the immediate proposal of a regulation and final promulgation of a regulation implementing the petitioned action is precluded by pending proposals to determine whether any species is endangered or threatened, and b expeditious progress is being made to add qualified species to the Lists. We refer to this third option as a warranted-but-precluded finding, and after making such a finding, we must promptly publish it in the Federal Register.
We define candidate species to mean those species for which the Service has on file sufficient information on biological vulnerability and threats to support issuance of a proposed rule to list, but for which issuance of the proposed rule is precluded 61 FR 64481; December 5, 1996. The standard for making a species a candidate through our own initiative is identical to the standard for making a warranted-but-precluded 12month petition finding on a petition to list, and we add all petitioned species for which we have made a warranted-

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