Voglio sapere a riguardo di…

lotter on DSK11XQN23PROD with PROPOSALS1

Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Proposed Rules the review with a finding as to whether, in fact, the petitioned action is warranted within 12 months of receipt of the petition. Because the finding at the 12-month stage is based on a more thorough review of the available information, as compared to the narrow scope of review at the 90-day stage, a may be warranted finding does not prejudge the outcome of the status review.
Under the ESA, a listing determination may address a species, which is defined to also include subspecies and, for any vertebrate species, any distinct population segment DPS that interbreeds when mature 16 U.S.C. 153216. A joint NMFSU.S. Fish and Wildlife Service USFWS jointly, the Services policy clarifies the agencies interpretation of the phrase distinct population segment for the purposes of listing, delisting, and reclassifying a species under the ESA 61 FR 4722; February 7, 1996. A species, subspecies, or DPS is endangered if it is in danger of extinction throughout all or a significant portion of its range, and threatened if it is likely to become endangered within the foreseeable future throughout all or a significant portion of its range ESA
sections 36 and 320, respectively, 16
U.S.C. 15326 and 20. Pursuant to the ESA and our implementing regulations, we determine whether species are threatened or endangered based on any one or a combination of the following five section 4a1 factors: 1 The present or threatened destruction, modification, or curtailment of habitat or range; 2 overutilization for commercial, recreational, scientific, or educational purposes; 3 disease or predation; 4 inadequacy of existing regulatory mechanisms to address identified threats; 5 or any other natural or manmade factors affecting the species existence 16 U.S.C. 1533a1, 50 CFR 424.11c.
ESA-implementing regulations issued jointly by NMFS and USFWS 50 CFR
424.14h1i define substantial scientific or commercial information in the context of reviewing a petition to list, delist, or reclassify a species as 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 petition may be warranted. Conclusions drawn in the petition without the support of credible scientific or commercial information will not be considered substantial information. In reaching the initial 90day finding on the petition, we will consider the information described in
VerDate Sep<11>2014

16:31 Dec 01, 2021

Jkt 256001

sections 50 CFR 424.14c, d, and g if applicable.
Our determination as to whether the petition provides substantial scientific or commercial information indicating that the petitioned action may be warranted will depend in part on the degree to which the petition includes the following types of information: 1
Information on current population status and trends and estimates of current population sizes and distributions, both in captivity and the wild, if available; 2 identification of the factors under section 4a1 of the ESA that may affect the species and where these factors are acting upon the species; 3 whether and to what extent any or all of the factors alone or in combination identified in section 4a1
of the ESA may cause the species to be an endangered species or threatened species i.e, the species is currently in danger of extinction or is likely to become so within the foreseeable future, and, if so, how high in magnitude and how imminent the threats to the species and its habitat are;
4 information on adequacy of regulatory protections and effectiveness of conservation activities by States as well as other parties, that have been initiated or that are ongoing, that may protect the species or its habitat; and 5
a complete, balanced representation of the relevant facts, including information that may contradict claims in the petition. See 50 CFR 424.14d.
If the petitioner provides supplemental information before the initial finding is made and states that it is part of the petition, the new information, along with the previously submitted information, is treated as a new petition that supersedes the original petition, and the statutory timeframes will begin when such supplemental information is received.
See 50 CFR 424.14g.
We may also consider information readily available at the time the determination is made 50 CFR
424.14h1ii. We are not required to consider any supporting materials cited by the petitioner if the petitioner does not provide electronic or hard copies, to the extent permitted by U.S. copyright law, or appropriate excerpts or quotations from those materials e.g., publications, maps, reports, letters from authorities. See 50 CFR 424.14c6.
The substantial scientific or commercial information standard must be applied in light of any prior reviews or findings we have made on the listing status of the species that is the subject of the petition 50 CFR 424.14h1iii.
Where we have already conducted a finding on, or review of, the listing
PO 00000

Frm 00009

Fmt 4702

Sfmt 4702

68453

status of that species whether in response to a petition or on our own initiative, we will evaluate any petition received thereafter seeking to list, delist, or reclassify that species to determine whether a reasonable person conducting an impartial scientific review would conclude that the action proposed in the petition may be warranted despite the previous review or finding. Where the prior review resulted in a final agency actionsuch as a final listing determination, 90-day not-substantial finding, or 12-month not-warranted findinga petition will generally not be considered to present substantial scientific and commercial information indicating that the petitioned action may be warranted unless the petition provides new information or analysis not previously considered. See 50 CFR
424.14h1iii.
At the 90-day finding stage, we do not conduct additional research, and we do not solicit information from parties outside the agency to help us in evaluating the petition. We will accept the petitioners sources and characterizations of the information presented if they appear to be based on accepted scientific principles, unless we have specific information in our files that indicates the petitions information is incorrect, unreliable, obsolete, or otherwise irrelevant to the requested action. Information that is susceptible to more than one interpretation or that is contradicted by other available information will not be dismissed at the 90-day finding stage, so long as it is reliable and a reasonable person conducting an impartial scientific review would conclude it supports the petitioners assertions. In other words, conclusive information indicating the species may meet the ESAs requirements for listing is not required to make a positive 90-day finding. We will not conclude that a lack of specific information alone necessitates a negative 90-day finding if a reasonable person conducting an impartial scientific review would conclude that the unknown information itself suggests the species may be at risk of extinction presently or within the foreseeable future.
To make a 90-day finding on a petition to list a species, we first evaluate whether the information presented in the petition, in light of the information readily available in our files, indicates that the petitioned entity constitutes a species eligible for listing under the ESA. Next, if we conclude the petition presents substantial scientific or commercial information suggesting that the petitioned entity may constitute a
E:FRFM02DEP1.SGM

02DEP1