[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Proposed Rules]
[Pages 104950-104952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30381]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2022-0134; FXES1111090FEDR-256-FF09E21000]
RIN 1018-BG93
Endangered and Threatened Wildlife and Plants; Significant
Portion of the Range for the Northern Distinct Population Segment of
the Southern Subspecies of Scarlet Macaw
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Prior analysis and determination; opening of comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service, are opening a public
comment period on a 2023 analysis regarding the significant portion of
the range for the northern distinct population segment of the southern
subspecies of the scarlet macaw (Ara macao macao). The analysis was
conducted as part of a listing determination under the Endangered
Species Act for the distinct population segment. Previously submitted
comments related to the analysis need not be resubmitted, as they are
already incorporated into the public record and will be fully
considered.
DATES: We will accept comments received or postmarked on or before
January 27, 2025. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. eastern time on the closing date.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2022-0134,
which is the docket number for documents related to the analysis and
listing determination. Then click on the Search button. You may submit
a comment by clicking on ``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-HQ-ES-2022-0134, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Public Comments, below, for more information).
FOR FURTHER INFORMATION CONTACT: Rachel London, Manager, Branch of
Delisting and Foreign Species, Ecological Services Program, U.S. Fish
and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA
22041-3803 (telephone 703-358-2171). Individuals in the United States
who are deaf, deafblind, hard of hearing, or have a speech disability
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications
relay services. Individuals outside the United States should use the
relay services offered within their country to make international calls
to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
On February 26, 2019, we, the U.S. Fish and Wildlife Service
(Service), published in the Federal Register a final rule under the
Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et
seq.) (84 FR 6278; hereafter referred to as ``the 2019 rule''). The
2019 rule was the outcome of a rulemaking proceeding that began with a
proposed rule (77 FR 40222, July 6, 2012) and a revised proposed rule
(81 FR 20302, April 7, 2016).
The 2019 rule revised the List of Endangered and Threatened
Wildlife in title 50 of the Code of Federal Regulations (at 50 CFR
17.11(h)) to add the northern subspecies of scarlet macaw (A. m.
cyanoptera) as an endangered species, the northern distinct population
segment (DPS) of the southern subspecies (A. m. macao) as a threatened
species, and the southern DPS of the southern subspecies (A. m. macao)
and subspecies crosses (A. m. cyanoptera and A. m. macao) as threatened
species due to similarity of appearance. The 2019 rule also added
protective regulations to 50 CFR 17.41 pursuant to section 4(d) of the
Act for the northern and southern DPSs of the southern subspecies and
for subspecies crosses (hereafter, ``the 4(d) rule''). For a more
thorough discussion of the taxonomy, life history, distribution, and
the determination of listing status for scarlet macaws under the Act,
please refer to the Species Information section in the 2019 rule.
In the 2019 rule, we determined that the northern DPS of the
southern subspecies of scarlet macaw meets the definition of a
threatened species because it was likely to become in danger of
extinction within the foreseeable future throughout all of its range.
At that time, we followed our Final Policy on Interpretation of the
Phrase ``Significant Portion of Its Range'' in the Endangered Species
Act's
[[Page 104951]]
Definitions of ``Endangered Species'' and ``Threatened Species'' (Final
Policy; 79 FR 37578, July 1, 2014), which provided that if the Service
determined that a species was threatened throughout all of its range,
the Service would not analyze whether the species was endangered in a
significant portion of its range. Therefore, we did not conduct an
evaluation of whether the northern DPS of the southern subspecies (A.
m. macao) should be listed as an endangered species due to its status
in a significant portion of its range (SPR).
After the 2019 rule was published, the portion of the Final Policy
that we had relied upon in the 2019 rule was vacated in Center for
Biological Diversity v. Everson, 435 F. Supp. 3d 69 (D.D.C. Jan. 28,
2020) (Everson). Therefore, we sought a voluntary remand of the 2019
rule and the 4(d) rule in an ongoing lawsuit that challenged both rules
(Friends of Animals v. Williams (No. 1:21-cv-02081-RC, Doc. 22)
(Friends of Animals)). On August 29, 2022, the U.S. District Court for
the District of Columbia (Court) granted our motion for voluntary
remand without vacatur of the threatened finding and section 4(d) rule
for the northern DPS of the southern subspecies of scarlet macaw.
In response to the Court's decision, we published a document in the
Federal Register stating that we were reexamining our 2019 SPR analysis
and reconsidering it based on the plain language of the Act and the
implications of Everson (87 FR 66093, November 2, 2022). In that
document (hereafter, ``the 2022 reconsideration''), we sought public
comment on how the decision in Everson and the Act's plain language may
affect the 2019 rule. Specifically, we were interested in public input
on whether and how the Everson opinion affects the SPR analysis in the
threatened determination.
Taking into consideration all public comments received on the 2022
reconsideration and based on our additional analysis, on April 3, 2023,
we published a new SPR analysis and final threatened species
determination for the northern DPS of the southern subspecies of
scarlet macaw (88 FR 19549; hereafter, ``the 2023 SPR analysis'').
In the 2023 SPR analysis, we assessed four portions of the northern
DPS of the southern subspecies of scarlet macaw: the Pacific slope of
Costa Rica, mainland Panama, Colombia west of the Andes, and Panama and
Colombia combined. We concluded that none of the portions in the
northern DPS are both in danger of extinction and significant. Having
completed the SPR analysis for the northern DPS and having determined
that the northern DPS is not in danger of extinction in any significant
portion of its range, we did not propose to revise the current status
of the southern subspecies of scarlet macaw in the northern DPS.
Therefore, we affirmed the listing of the scarlet macaw as set forth in
the 2019 rule.
For a description of previous Federal actions concerning the
scarlet macaw, please refer to the 2022 reconsideration (87 FR 66093,
November 2, 2022) and the 2023 SPR analysis (88 FR 19549, April 3,
2023).
This Action
In response to an amended complaint filed by Friends of Animals,
the Court found that we inappropriately limited the scope of public
comments in the 2022 reconsideration. On July 10, 2024, the Court
vacated the 2023 SPR analysis and remanded it to us to reconduct that
analysis after soliciting and considering public comments on the
relevant, substantive issues. Accordingly, with this document, we
hereby open a 30-day public comment period on the 2023 SPR analysis
with no limitations on the comments requested.
Public Comments
We will accept written comments and information during this comment
period on our 2023 SPR analysis for the northern DPS of the southern
subspecies of scarlet macaw (88 FR 19549, April 3, 2023). Consistent
with the Court's order in Friends of Animals, we will reconduct that
SPR analysis after considering all comments and information that we
receive. Our consideration of the comments and information may have
different outcomes: Our final SPR analysis and listing determination
may differ from the 2023 SPR analysis and, therefore, we may need to
revise and repropose the northern DPS listing determination;
alternatively, we may affirm our conclusion in the 2023 SPR analysis,
and no reproposal of the northern DPS listing determination may be
necessary. In either a final SPR analysis and determination or any
reproposed northern DPS listing determination, we will clearly explain
our rationale and the basis for our determination, including why we
made changes, if any, that differ from the 2023 SPR analysis.
Comments should be as specific as possible. Please include
sufficient information with your submission (such as scientific journal
articles or other publications) to allow us to verify any scientific or
commercial information you include. Please note that section 4(b)(1)(A)
of the Act directs that determinations as to whether any species is an
endangered species or a threatened species must be made solely on the
basis of the best scientific and commercial data available. Comments or
information already submitted on the proposed rule (77 FR 40222, July
6, 2012); revised proposed rule (81 FR 20302, April 7, 2016); or the
2022 reconsideration of the 2019 rule (87 FR 66093, November 2, 2022)
need not be resubmitted. Any such comments are already incorporated as
part of the public record of the rulemaking proceeding, and we will
fully consider them as part of this action.
You may submit your comments and materials by one of the methods
listed in ADDRESSES. We request that you send comments only by the
methods described in ADDRESSES. If you submit information via https://www.regulations.gov, your entire submission--including your personal
identifying information--will be posted on the website. If your
submission is made via a hardcopy that includes personal identifying
information, you may request at the top of your document that we
withhold this information from public review. However, we cannot
guarantee that we will be able to do so. We will post all hardcopy
submissions on https://www.regulations.gov. Comments and materials we
receive, as well as supporting documentation we used in preparing the
proposed rule, will be available for public inspection on https://www.regulations.gov at FWS-HQ-ES-2022-0134.
Authors
The primary authors of this document are the staff members of the
Fish and Wildlife Service's Species Assessment Team and the Branch of
Delisting and Foreign Species.
Authority
The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.), is the authority for this action.
Signing Authority
Martha Williams, Director of the U.S. Fish and Wildlife Service,
approved this action on December 3, 2024. Acting Director Steve Guertin
approved these packages December 15, 2024. On December 16, 2024, the
acting Director authorized the undersigned to sign the document
electronically and submit it to the Office of the Federal Register for
[[Page 104952]]
publication as an official document of the U.S. Fish and Wildlife
Service.
Madonna Baucum,
Regulations and Policy Chief, Division of Policy, Economics, Risk
Management, and Analytics of the Joint Administrative Operations, U.S.
Fish and Wildlife Service.
[FR Doc. 2024-30381 Filed 12-23-24; 8:45 am]
BILLING CODE 4333-15-P