Federal Register - August 31, 2021
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Source: Federal Register
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ACTION:
Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations Final rule.
We, the U.S. Fish and Wildlife Service Service, determine threatened species status under the Endangered Species Act of 1973 Act, as amended, for Bartrams stonecrop Graptopetalum bartramii, a plant known from Arizona and Mexico. We also issue a final rule under the authority of section 4d a 4d rule of the Act that provides measures that are necessary and advisable to provide for the conservation of Bartrams stonecrop. We have determined that designation of critical habitat for Bartrams stonecrop is not prudent.
DATES: This rule is effective September 30, 2021.
ADDRESSES: This final rule is available on the internet at http
www.regulations.gov under Docket No.
FWSR2ES20180104 and at https
www.fws.gov/southwest/. Comments and materials we received, as well as supporting documentation we used in preparing this rule, are available for public inspection at http
www.regulations.gov under Docket No.
FWSR2ES20180104.
FOR FURTHER INFORMATION CONTACT: Jeff Humphrey, U.S. Fish and Wildlife Service, Arizona Ecological Services Field Office, 9828 North 31st Avenue, C3, Phoenix, AZ 850512517. Persons who use a telecommunications device for the deaf TDD may call the Federal Relay Service at 8008778339.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Executive Summary Why we need to publish a rule. Under the Act, a species may be listed as endangered or threatened throughout all or a significant portion of its range.
Listing a species as an endangered or threatened species can only be completed by issuing a rule. Further, under the Act, any species that is determined to be an endangered or threatened species requires critical habitat to be designated, to the maximum extent prudent and determinable.
What this document does. This rule lists Bartrams stonecrop Graptopetalum bartramii as a threatened species. This document also finalizes a rule under the authority of section 4d of the Act that provides measures that are necessary and advisable to provide for the conservation of Bartrams stonecrop.
The basis for our action. Under the Act, we may determine that a species is an endangered or threatened species based on any of five factors: A The present or threatened destruction,
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modification, or curtailment of its habitat or range; B overutilization for commercial, recreational, scientific, or educational purposes; C disease or predation; D the inadequacy of existing regulatory mechanisms; or E
other natural or manmade factors affecting its continued existence. We have determined that Bartrams stonecrop faces the following threats:
Reduction in water availability Factors A and E; erosion, sedimentation, and burial Factors A and E; trampling Factor E; altered fire regime Factors A
and E; loss of shade Factors A and E;
altered flooding regime Factors A and E; drought Factors A and E; illegal collection Factor B; and small population size Factor E. The existing regulatory mechanisms are not adequate to address these threats such that the species does not meet the Acts definition of an endangered or threatened species Factor D.
Section 4a3 of the Act requires the Secretary of the Interior Secretary to designate critical habitat concurrent with listing to the maximum extent prudent and determinable. In this case, we have found that the designation of critical habitat for Bartrams stonecrop is not prudent at this time.
Peer review and public comment. A
species status assessment SSA team prepared an SSA report for Bartrams stonecrop. The SSA team was composed of Service biologists, in consultation with other species experts. The SSA
report represents a compilation of the best scientific and commercial data available concerning the status of the species, including the impacts of past, present, and future factors both negative and beneficial affecting the species. We sought the expert opinions of three independent and knowledgeable specialists regarding the species status assessment SSA report and received responses from two reviewers. These peer reviewers generally concurred with our methods and conclusions, and provided additional information, clarifications, and suggestions to improve the SSA. We also considered all comments and information we received from the public during the comment period for the proposed listing of Bartrams stonecrop.
Previous Federal Actions On December 6, 2019, we published in the Federal Register 84 FR 67060 a proposed rule to list Bartrams stonecrop as a threatened species under the Act 16 U.S.C. 1531 et seq.. Our proposed rule included a proposed 4d rule for Bartrams stonecrop. The December 6, 2019, rule also proposed to list the beardless chinchweed Pectis
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imberbis as an endangered species and designate critical habitat for the species.
We addressed our proposal to list the beardless chinchweed as an endangered species and designate critical habitat for that species in a separate Federal Register document on June 15, 2021.
Please refer to the December 6, 2019, proposed rule for a detailed description of previous Federal actions concerning Bartrams stonecrop that occurred prior to December 6, 2019.
Summary of Changes From the Proposed Rule In preparing this final rule, we reviewed and fully considered comments from the public on the proposed rule. We did not make any substantive changes to this final rule after consideration of the comments we received. We updated the SSA report to version 2.0 based on comments and additional information provided as follows:
1 We included updated survey information provided to the Service and other reports of additional occurrences we received.
2 We incorporated additional information regarding stressors to specific populations provided by land managers.
3 We made many small, nonsubstantive clarifications and corrections throughout the SSA report and this rule, including under Summary of Biological Status and Threats, below, in order to ensure better consistency, clarify some information, and update or add new references. We considered whether this additional information altered our analysis of the magnitude or severity of threats facing the species. We conclude that the information we received during the comment period for the proposed rule did not change our previous analysis of the magnitude or severity of threats facing the species or our determination that Bartrams stonecrop is a threatened species.
I. Final Listing Determination Background Bartrams stonecrop is a small, succulent, perennial plant and a member of the Crassulaceae family. It occurs in shaded evergreen woodlands on rocky canyon outcrops at elevations ranging from 3,500 to 6,800 ft. The species is particularly susceptible to reductions in water availability, altered fire regime, and the effects of small population size. Most populations are very small, with 58 percent of extant populations throughout the range of the species supporting fewer than 50
individuals. These small populations
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