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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
in the provided comment box, please use this feature of http
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If you attach multiple comments such as form letters, our preferred format is a spreadsheet in Microsoft Excel.
2 By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn:
FWSHQES20210106, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041
3803.
We request that you send information only by the methods described above.
We will post all information we receive on http www.regulations.gov. This generally means that we will post any personal information you provide us.
FOR FURTHER INFORMATION CONTACT:
Marjorie Nelson, Division Manager, Ecological Services Mountain-Prairie Region, 7205823524, marjorie_
nelson@fws.gov. If you use a telecommunications device for the deaf, please call the Federal Relay Service at 8008778339.
SUPPLEMENTARY INFORMATION:
Background Section 4 of the Act 16 U.S.C. 1533
and its implementing regulations in title 50 of the Code of Federal Regulations 50 CFR part 424 set forth the procedures for adding species to, removing species from, or reclassifying species on the Federal Lists of Endangered and Threatened Wildlife and Plants Lists in 50 CFR part 17.
Section 4b3A of the Act requires that we make a finding on whether a petition to add a species to the Lists i.e., list a species, remove a species from the Lists i.e., delist a species, or change a listed species status from endangered to threatened or from threatened to endangered i.e., reclassify a species presents substantial scientific or commercial information indicating that the petitioned action may be warranted. To the maximum extent practicable, we are to make this finding within 90 days of our receipt of the petition and publish the finding promptly in the Federal Register.
Our regulations establish that substantial scientific or commercial information with regard to a 90-day petition finding refers to credible scientific or commercial information in support of the petitions claims such that a reasonable person conducting an impartial scientific review would conclude that the action proposed in the
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petition may be warranted 50 CFR
424.14h1i.
A species may be determined to be an endangered species or a threatened species because of one or more of the five factors described in section 4a1
of the Act 16 U.S.C. 1533a1. The five factors are:
a The present or threatened destruction, modification, or curtailment of its habitat or range Factor A;
b Overutilization for commercial, recreational, scientific, or educational purposes Factor B;
c Disease or predation Factor C;
d The inadequacy of existing regulatory mechanisms Factor D; and e Other natural or manmade factors affecting its continued existence Factor E.
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, affect individuals of a species negatively. 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 may not be sufficient to compel a finding that the information in the petition is substantial information indicating that the petitioned action may be warranted. The information presented in the petition must include evidence sufficient to suggest that these threats may be affecting the species to the point that the species may meet the definition of an endangered species or threatened species under the Act.
If we find that a petition presents such information, our subsequent status review will evaluate all identified threats by considering the individual-, population-, and species-level effects and the expected response by the species. We will evaluate individual threats and their expected effects on the species, then analyze the cumulative effect of the threats on the species as a whole. We also consider the cumulative
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effect of the threats in light of those actions and conditions that are expected to have positive effects on the species such as any existing regulatory mechanisms or conservation efforts that may ameliorate threats. It is only after conducting this cumulative analysis of threats and the actions that may ameliorate them, and the expected effect on the species now and in the foreseeable future, that we can determine whether the species meets the definition of an endangered species or threatened species under the Act. If we find that a petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted, the Act requires that we promptly commence a review of the status of the species, and we will subsequently complete a status review in accordance with our prioritization methodology for 12-month findings 81 FR 49248; July 27, 2016.
Summary of Petition Findings Evaluation of Two Petitions To List the Gray Wolf in the Western United States Both petitions request listing of a distinct population segment DPS for the gray wolf. The gray wolf Canis lupus is a recognized species by the Integrated Taxonomic Information System.
Species and Range: Gray wolf in the western United States.
Historical range: Western United States, except Southwest.
Current range: CA, CO, ID, MT, OR, WA, WY.
The petitions include two alternative DPSs for listing the gray wolf in a portion of its range that encompasses the Northern Rocky Mountains and excludes the range of the listed Mexican gray wolf C. l. baileyi: 1 The Northern Rocky Mountains DPS, or 2 a Western DPS.
Petition History On June 1, 2021, we received a petition dated May 26, 2021 from Center for Biological Diversity, the Humane Society of the United States, Humane Society Legislative Fund, and the Sierra Club requesting that the gray wolf in the Northern Rocky Mountains be emergency listed as a threatened species or an endangered species under the Act first petition. The Act does not provide for a process to petition emergency listing; therefore, we are evaluating this petition under the normal process of determining if it presents substantial scientific or commercial information indicating that the petitioned action may be warranted.

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