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Federal Register / Vol. 86, No. 89 / Tuesday, May 11, 2021 / Rules and Regulations C Disease or predation;
D The inadequacy of existing regulatory mechanisms; or E Other natural or manmade factors affecting its continued existence.
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 negatively affect individuals of a species. 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 encompasseither together or separatelythe source of the action or condition or the action or condition itself. However, the mere identification of any threats does not necessarily mean that the species meets the statutory definition of an endangered species or a threatened species. In determining whether a species meets either definition, we must evaluate all identified threats by considering the expected response by the species, and the effects of the threatsin light of those actions and conditions that will ameliorate the threatson an individual, population, and species level. We evaluate each threat and its expected effects on the species, then analyze the cumulative effect of all 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 will have positive effects on the species, such as any existing regulatory mechanisms or conservation efforts. The Secretary determines whether the species meets the definition of an endangered species or a threatened species only after conducting this cumulative analysis and describing the expected effect on the species now and in the foreseeable future.
The Act does not define the term foreseeable future, which appears in the statutory definition of threatened species. Our implementing regulations at 50 CFR 424.11d set forth a framework for evaluating the foreseeable future on a case-by-case basis. The term foreseeable future extends only so far into the future as the Service can reasonably determine that both the
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future threats and the species responses to those threats are likely. In other words, the foreseeable future is the period of time in which we can make reliable predictions. Reliable does not mean certain; it means sufficient to provide a reasonable degree of confidence in the prediction. Thus, a prediction is reliable if it is reasonable to depend on it when making decisions.
It is not always possible or necessary to define foreseeable future as a particular number of years. Analysis of the foreseeable future uses the best scientific and commercial data available and should consider the timeframes applicable to the relevant threats and to the species likely responses to those threats in view of its life-history characteristics. Data that are typically relevant to assessing the species biological response include speciesspecific factors such as lifespan, reproductive rates or productivity, certain behaviors, and other demographic factors.
In conducting our evaluation of the five factors provided in section 4a1 of the Act to determine whether Halls bulrush meets the definition of endangered species or threatened species, we considered and thoroughly evaluated the best scientific and commercial information available regarding the past, present, and future stressors and threats. In conducting our taxonomic evaluation of triangle pigtoe, we determined that it does not meet the definition of a species or subspecies under the Act, and, as a result, we concluded that triangle pigtoe is not a listable entity. We reviewed the petitions, information available in our files, and other available published and unpublished information for both of these species. Our evaluation may include information from recognized experts; Federal, State, and Tribal governments; academic institutions;
foreign governments; private entities;
and other members of the public.
The species assessment form for Halls bulrush contains more detailed biological information, a thorough analysis of the listing factors, a list of literature cited, and an explanation of why we determined that this species do not meet the definition of an endangered species or a threatened species. The species assessment form for triangle pigtoe contains more detailed taxonomic information, a list of literature cited, and an explanation of why we determined that this species does not meet the definition of a species or subspecies. This supporting information can be found on the internet at http www.regulations.gov under the appropriate docket number
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see ADDRESSES, above. The following are informational summaries for the findings in this document.
Halls Bulrush Previous Federal Actions On April 20, 2010, the Service received a petition from the CBD to list 404 aquatic, riparian, and wetland species from the southeastern United States, including Halls bulrush Schoenoplectiella hallii, as endangered or threatened under the Act CDB 2010, entire. On September 27, 2011, we published a 90-day finding 76
FR 59836 for 374 of the 404 petitioned species, including Halls bulrush; that finding stated that the petition presented substantial information that listing Halls bulrush may be warranted, due to the threats of present or threatened destruction, modification, or curtailment of the species habitat or range; predation; inadequacy of existing regulatory mechanisms; and other natural or manmade factors, including pollution, global climate change, drought, invasive species, and synergies between multiple threats. The finding solicited information on, and initiated a status review for, the species.
Summary of Finding Halls bulrush is a tufted annual bulrush with a stem length ranging from 1.6 to 31 inches 4 to 80 centimeters.
It is historically found across 14 States:
Massachusetts, Georgia, Ohio, Kentucky, Michigan, Indiana, Wisconsin, Illinois, Iowa, Missouri, Nebraska, Kansas, Oklahoma, and Texas. Biologists have concluded the species has been extirpated from Georgia and Massachusetts.
Halls bulrush requires multiple adequately timed seasonal flood events to break seed dormancy and to trigger germination. For a seed to germinate, it also needs bare soil, presence of ethylene, light, adequate temperature, and moist soil. Seedlings and mature plants need light, moist soil, space, nutrients, and pollination mature plant only.
We have carefully assessed the best scientific and commercial information available regarding the past, present, and future threats to Halls bulrush, and we evaluated all relevant factors under the five listing factors, including any regulatory mechanisms and conservation measures addressing these stressors and the cumulative impact of these stressors. The primary stressors affecting Halls bulrushs biological status include habitat alteration, destruction, and conversion;
hybridization; and grazing. Halls
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