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Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations
the species absent critical habitat, Federal agencies will still be required to consult under section 7 of the Act on activities that may affect this species in areas where the Franklins bumble bee is reasonably certain to occur. The Federal action agency will be required to identify any listed species that could be within the project area of any proposed activity, and consult with the Service if that activity is likely to adversely affect the species.

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Determination of the Status of Franklins Bumble Bee Section 4 of the Act 16 U.S.C. 1533
and its implementing regulations 50
CFR part 424 set forth the procedures for determining whether a species meets the definition of an endangered species or a threatened species. The Act defines an endangered species as a species that is in danger of extinction throughout all or a significant portion of its range, and a threatened species as a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. The Act requires that we determine whether a species meets the definition of endangered species or threatened species because of any of the following factors: A The present or threatened destruction, 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.
Status Throughout All of Its Range We evaluated the past, present, and future threats to the Franklins bumble bee and assessed the cumulative effect of the threats under the Acts section 4a1 factors. Our assessment did not find habitat loss or modification Factor A to be the cause of the decline of the Franklins bumble bee, and we have no information to suggest that habitat destruction or modification will increase in intensity in the near future.
There is no indication that the Franklins bumble bee was at risk of overutilization for commercial, recreational, scientific, or educational purposes Factor B. Known pathogens occur within the historical range of the Franklins bumble bee, and we have evidence of several pathogens Factor C
infecting closely related species within that range. Although we do not have direct evidence of pathogens playing a role in the decline of the Franklins bumble bee, the disappearance of the
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Franklins bumble bee occurred soon after a period of introduction of new pathogens. Furthermore, documented effects to other closely related species lead many species experts to suspect that the effects of pathogens had some connection to the decline of the Franklins bumble bee. We evaluated existing regulatory mechanisms Factor D and conservation measures and their effects on the threats and the status of the Franklins bumble bee; we found that the existing regulatory mechanisms or conservation measures in place do not appreciably reduce or ameliorate the existing threats to the species, as evidenced by the species acute and rangewide decline. Although we have no direct evidence that pesticide use contributed to the decline of the Franklins bumble bee, confirmed effects to other closely related Bombus species suggest that pesticide use Factor E was likely a factor in the decline of the Franklins bumble bee.
Additionally, given the historically small population size Factor E of the Franklins bumble bee and its haplodiploid genetic system, it is more vulnerable to extirpation than other species, and it is likely the genetic system and the rarity of this species contributed to the decline of the Franklins bumble bee Factor E.
The combination of multiple threats is typically more harmful than any one acting alone, and it is likely that several of the threats mentioned above acted cumulatively and synergistically on the Franklins bumble bee. Pathogens in combination with pesticides, as well as pathogens in combination with the effects of small population size, may have hastened and amplified the decline of the Franklins bumble bee to a greater degree than any one of the three factors caused on its own. Although the ultimate source of the decline is unknown, the acute and rangewide decline of the Franklins bumble bee is undisputable.
The Act defines an endangered species as any species that is in danger of extinction throughout all or a significant portion of its range, and a threatened species as any species that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range. We find that, based on the severity and immediacy of threats currently affecting the species, the Franklins bumble bee meets the definition of an endangered species. The threats of pathogens, pesticides, and small population size are ongoing and rangewide; they will continue to act individually and in combination to decrease the resiliency, redundancy, and representation of the
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Franklins bumble bee. The risk of extinction is high because the species has not been found since 2006, and the suspected threats to the species persist.
We find that a threatened species status is not appropriate for the Franklins bumble bee because of the extreme loss of abundance of the species, because the threats are occurring rangewide and are not localized, and because the threats are ongoing and expected to continue into the future. Thus, after assessing the best available information, we determine that the Franklins bumble bee is in danger of extinction throughout all of its range.
Status Throughout a Significant Portion of Its Range Under the Act and our implementing regulations, a species may warrant listing if it is in danger of extinction or likely to become so in the foreseeable future throughout all or a significant portion of its range. We have determined that the Franklins bumble bee is in danger of extinction throughout all of its range and accordingly did not undertake an analysis of whether there are any significant portions of its range. Because Franklins bumble bee warrants listing as endangered throughout all of its range, our determination is consistent with the decision in Center for Biological Diversity v. Everson, 2020 WL
437289 D.D.C. Jan. 28, 2020, in which the court vacated only the aspect of our July 1, 2014, Final Policy on Interpretation of the Phrase Significant Portion of Its Range in the Endangered Species Acts Definitions of Endangered Species and Threatened Species 79 FR 37578 that provided the Services do not undertake an analysis of significant portions of a species range if the species warrants listing as threatened throughout all of its range.
Determination of Status Our review of the best available scientific and commercial information indicates that the Franklins bumble bee meets the definition of an endangered species. Therefore, we are listing the Franklins bumble bee as an endangered species in accordance with sections 36
and 4a1 of the Act. Although this species has not been observed since 2006, we conclude it is premature at this time to determine that the species is extinct absent a more thorough survey effort. We recommend expanded survey efforts to help verify the status of this species.

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