[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Proposed Rules]
[Pages 6558-6563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2677]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R6-ES-2008-0127; MO92210-50083-B2]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To List the Wyoming Pocket Gopher as Threatened or
Endangered With Critical Habitat
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding and initiation of status
review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list the Wyoming pocket gopher
(Thomomys clusius) as threatened or endangered under the Endangered
Species Act of 1973, as amended (Act). We find that the petition
presents substantial scientific or commercial information indicating
that listing the Wyoming pocket gopher may be warranted. Therefore,
with the publication of this notice, we are initiating a status review
of the species to determine if listing the species is warranted. To
ensure that the review is comprehensive, we are soliciting scientific
and commercial data and other information regarding this species. At
the conclusion of this review, we will issue a 12-month finding to
determine if the petitioned action is warranted. We will make a
determination on critical habitat for this species if, and when, we
initiate a listing action.
DATES: The finding announced in this document was made on February 10,
2009. To facilitate a timely 12-month finding for this petition, we
request that we receive data, information, and comments on or before
April 13, 2009.
ADDRESSES: You may submit information by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R6-ES-2008-0127; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222, Arlington, VA 22203.
We will not accept e-mail or faxes. We will post all information
received on http://www.regulations.gov. This generally means that we
will post any personal information you provide us (see the Information
Solicited section below for more details).
FOR FURTHER INFORMATION CONTACT: Brian Kelly, Field Supervisor, Wyoming
Ecological Services Field Office, 5353 Yellowstone Road, Cheyenne, WY
82009; telephone 307-772-2374. If you use a telecommunications device
for the deaf (TDD), call the Federal Information Relay Service (FIRS)
at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Information Solicited
When we make a finding that a petition presents substantial
information to indicate that listing a species may be warranted, we are
required to promptly commence a review of the status of the species. To
ensure that the status review is complete and based on the best
available scientific and commercial information, we are soliciting
information on the Wyoming pocket gopher. We request information,
comments, and suggestions from the public, other governmental agencies,
Tribes, the scientific community, industry, or any other interested
parties concerning the status of the Wyoming pocket gopher. We are
seeking information regarding: (1) The species' historical and current
status and distribution; (2) its population size and trend; (3) its
biology and ecology; (4) its taxonomy (especially genetics of the
species); and (5) ongoing conservation measures for the species and its
habitat.
We are also seeking information on the following five threat
factors used to determine if a species, as defined under the Act, is
threatened or endangered under section 4(a)(1) of the Act (16 U.S.C.
1531 et seq.):
a. The present or threatened destruction, modification, or
curtailment of the species' habitat or range;
b. Overutilization for commercial, recreational, scientific, or
educational purposes;
c. Disease or predation;
d. The inadequacy of existing regulatory mechanisms; or
[[Page 6559]]
e. Other natural or manmade factors affecting its continued
existence and threats to the species or its habitat.
If we determine that listing the Wyoming pocket gopher under the
Act is warranted, it is our intent to propose critical habitat to the
maximum extent prudent and determinable at the time we propose to list
the species. Therefore, with regard to areas within the geographical
range currently occupied by the species, we also request data and
information on what may constitute physical or biological features
essential to the conservation of the species, where these features are
currently found, and whether any of these features may require special
management considerations or protection. In addition, we request data
and information regarding whether there are areas outside the
geographical area occupied by the species that are essential to the
conservation of the species. Please provide specific comments and
information as to what, if any, critical habitat you think we should
propose for designation if the species is proposed for listing, and why
such habitat meets the requirements of the Act.
We will base our 12-month finding on a review of the best
scientific and commercial information available, including all
information received during the public comment period. Please note that
submissions merely stating support for or opposition to the action
under consideration without providing supporting information, although
noted, will not be considered in making a determination, as section
4(b)(1)(A) of the Act directs that determinations as to whether any
species is a threatened or endangered species shall be made ``solely on
the basis of the best scientific and commercial data available.'' At
the conclusion of the status review, we will issue a 12-month finding
on the petition, as provided in section 4(b)(3)(B) of the Act.
You may submit information by one of the methods listed in the
ADDRESSES section. We will not consider submissions sent by e-mail or
fax or to an address not listed in the ADDRESSES section.
If you submit information via http://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the Web site. 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 http://www.regulations.gov.
Information and materials we receive, as well as supporting
documentation we used in preparing this finding, will be available for
public inspection on http://www.regulations.gov, or by appointment,
during normal business hours, at the U.S. Fish and Wildlife Service,
Wyoming Ecological Services Field Office (see FOR FURTHER INFORMATION
CONTACT section).
Background
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. We are to base this finding on
information contained in the petition, supporting information submitted
with the petition, and information otherwise readily available in our
files. To the maximum extent practicable, we are to make this finding
within 90 days of our receipt of the petition and publish our notice of
this finding promptly in the Federal Register.
Our standard for substantial information within the Code of Federal
Regulations (CFR) regarding a 90-day petition finding is ``that amount
of information that would lead a reasonable person to believe that the
measure proposed in the petition may be warranted'' (50 CFR 424.14(b)).
If we find that the petition presented substantial information, we are
required to promptly commence a review of the status of the species.
We base this 90-day finding on information provided by the
petitioner that we determined to be reliable after reviewing sources
referenced in the petition and information available in our files. We
evaluated that information in accordance with 50 CFR 424.14(b). Our
process in making this 90-day finding under section 4(b)(3)(A) of the
Act and section 424.14(b) of our regulations is limited to a
determination of whether the information in the petition meets the
``substantial information'' threshold.
On August 9, 2007, we received a petition from the Biodiversity
Conservation Alliance and Center for Native Ecosystems, dated August 7,
2007, requesting that we list the Wyoming pocket gopher (Thomomys
clusius), within its known historic range, as threatened or endangered
under the Act. Additionally, the petition requested that we designate
critical habitat concurrent with listing. The petition clearly
identified itself as a petition and included the requisite
identification information required at 50 CFR 424.14(a). We
acknowledged receipt of the petition in a letter dated September 6,
2007. In that letter we advised the petitioners that we could not
address their petition at that time because responding to existing
court orders and settlement agreements for other listing actions
required nearly all of our listing funding. We also concluded in our
September 6, 2007, letter that emergency listing of the Wyoming pocket
gopher was not warranted. Delays in responding to the petition
continued due to the high priority of responding to court orders and
settlement agreements, until funding became available to respond to
this petition.
Previous Federal Actions
Region 2 of the U.S. Forest Service (USFS) and the Bureau of Land
Management (BLM) in Wyoming each added the Wyoming pocket gopher to
their sensitive species lists in 2001, and it has remained on those
lists. Species-specific management actions, however, have not been
developed (Keinath and Beauvais 2006, pp. 6-8).
Listable Entity Evaluation
Under section 3(16) of the Act, we may consider for listing any
species or subspecies of fish, wildlife, or plants, or any distinct
population segment of vertebrate fish or wildlife which interbreeds
when mature. Such entities are considered eligible for listing under
the Act (and are, therefore, referred to as ``listable entities''),
should they be determined to meet the definition of a threatened or
endangered species. In this case, the petitioner has requested that we
consider the Wyoming pocket gopher for listing. This entity may be
considered for listing as a species under the Act (16 U.S.C. 1532(16)).
Species Information
The Wyoming pocket gopher (Thomomys clusius) is a small, lighter-
colored member of the Geomyidae family, with a length of 161-184
millimeters (mm) (6.44-7.36 inches (in)) and a weight of 44-72 grams
(1.54-2.54 ounces (oz)) (Thaeler and Hinesley 1979, pp. 483-484). The
species is characterized by very strong front limbs with long nails
used for digging, small ears, small eyes, and fur-lined cheek pouches
used to carry food. Pocket gophers are fossorial, living most of their
lives in burrow systems and underground tunnels. Once pocket gophers
establish territories and burrows, they may shift to other areas based
on environmental conditions or interactions with other pocket gophers,
[[Page 6560]]
but they generally do not move to an entirely new area (Miller 1964, p.
262; Reichman et al. 1982, pp. 687-688).
Very little is known about the Wyoming pocket gopher, and
assumptions about its distribution, ecology, and status are based on a
few museum records and anecdotal reports from about 30 years ago.
Distribution of the species is believed to be restricted to Sweetwater
and Carbon Counties in Wyoming, with a possible occurrence in very
northern Colorado (Keinath and Beauvais 2006, p. 11). Recent efforts to
document gophers at several historic locations were inconclusive,
leading to speculation about population declines and the rarity of the
species (Keinath and Beauvais 2006, p. 12).
The range of the Wyoming pocket gopher occurs within the range of
the northern pocket gopher (Thomomys talpoides), but the Wyoming pocket
gopher is not likely sympatric with other pocket gophers (Keinath and
Beauvais 2006, p. 8). The Wyoming pocket gopher is believed to occupy
well-drained, gravelly ridges instead of the valley bottoms and
riparian areas with deeper soils preferred by the northern pocket
gopher (Thaeler and Hinesley 1979, p. 486). Based on the
characterization of the species' size and habitat, it appears to fit
the island model of isolation displayed by other species of pocket
gophers specifically adapted to the soils of an area (Miller 1964, pp.
259-260). The Wyoming pocket gopher is limited in its distribution,
which may be due to the species' habitat specialization (Keinath and
Beauvais 2006, pp. 12-15).
Due to morphological similarities, the Wyoming pocket gopher and
northern pocket gopher are difficult to distinguish. Positive
identification requires karyotype analysis (i.e., a count of the number
of diploid chromosomes). The Wyoming pocket gopher has a karyotype of
46 chromosomes, and the northern pocket gopher has a karyotype of 48 or
56, depending on the subspecies (Thaeler and Hinesley 1979, p. 483).
Based on the life histories of other pocket gophers, Wyoming pocket
gophers likely do not live more than two breeding seasons, reproduce
the calendar year following birth, and have one litter with 4 to 6
young per year (Keinath and Beauvais 2006, p. 18). The species' diet is
likely primarily the roots, stems, and leaves of forbs, with some
consumption of grasses and shrubs (Aldous 1951, pp. 85-86; Ward and
Keith 1962, p. 747). Pocket gophers may cut their food into small
pieces and carry it in their cheek pouches back to the burrow where it
is consumed, stored for winter, used for nest building, or taken into
runways and later pushed to the surface (Aldous 1951, p. 84; Verts and
Carraway 1999, p. 6).
In general, the extensive tunneling activity of pocket gophers can
affect soil formation, hydrology, nutrient flows, and the competitive
interactions of plants. These effects can be important to ecosystem
function, but also create undesirable interactions with human
activities that lead to extermination efforts.
Factors Affecting the Species
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR 424) set forth the procedures for adding species to
the Federal Lists of Endangered and Threatened Wildlife and Plants. A
species may be determined to be an endangered or threatened species due
to one or more of the five factors described in section 4(a)(1) of the
Act: (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) inadequacy of existing regulatory mechanisms;
or (E) other natural or manmade factors affecting its continued
existence. In making this finding, we evaluated whether information on
threats to the Wyoming pocket gopher presented in the petition and
available in our files at the time of the petition review constitute
substantial scientific or commercial information such that listing the
species may be warranted. Our evaluation of this information is
discussed below. Unless clearly stated that the information is from our
files, all threats described below and their effects on the Wyoming
pocket gopher are as described in the petition.
A. Present or Threatened Destruction, Modification, or Curtailment of
Its Habitat or Range
Information Provided in the Petition
The petitioners state that alteration of the species' habitat for
oil and gas development is the primary threat to the species. They note
that the species is particularly vulnerable to habitat loss because of
its limited range and distribution. Oil and gas exploration and
development increases road densities, which may fragment the species'
habitat, create barriers to movement of the species, and isolate
individual populations. The petitioners describe the soil disturbances
that accompany oil and gas development, noting direct impacts to
habitat that may lead to introduction of noxious weeds. They note that
noxious weeds have been found to reduce population density of other
fossorial mammals. The petitioners claim that herbicide use will
accompany development and will affect the availability of forbs, which
are a source of food and habitat for the species. They cite studies
linking use of herbicides with negative impacts to other species of
pocket gophers. The petitioners state that soil moisture may be altered
during the course of development.
Analysis of Information Provided in the Petition and Information
Readily Available
The majority of lands within the Wyoming pocket gopher's range have
at least a moderate potential for energy development (BLM 2005, map).
Additionally, most of the Federal lands within the species' range are
already leased for oil and gas development (BLM 2008, map). This
situation, and the high level of interest in increased extraction of
energy resources described by the petitioners, indicate that the
likelihood of oil and gas development throughout the species' range is
high.
Energy exploration and development can cause various changes to a
landscape that can impact Wyoming pocket gophers. Oil and gas
geophysical exploration is conducted to generate a subsurface image of
fluid minerals and usually involves either drilling holes and
detonating explosives or using a vibrating pad that is driven across an
area using heavy vehicles. The extent of impacts from either
exploration method on pocket gophers is unknown, but the vibrations and
potential soil impacts would, at a minimum, disturb habitat and pocket
gophers in the immediate vicinity of operations. Oil and gas
development involves staging a drilling rig and setting up additional
equipment that is used during production. Generally, developers build
roads to access each site and clear and level well pads. Expansion of
road networks and placement of well pads may fragment the species'
habitat as described by the petitioners and in their cited literature.
Similarly, soil disturbance occurs in oil and gas fields and would
impact the habitat that lies within the footprint of well pads and
roads, and the habitat in areas disturbed during the development of
that infrastructure. Any soil that is moved may have a direct impact on
pocket gophers that are present. Once a rig is in place, the drilling
process creates vibrations that may impact habitat and any pocket
gophers in the area. Once a well has been drilled and is producing,
energy companies make regular trips to well pads to monitor
[[Page 6561]]
production, conduct maintenance, or collect extracted resources. These
regular trips may disturb pocket gophers that are present at or near
well pad and roads. Energy producers often try to maintain a clear work
area by using herbicides on well pads and along roads. Herbicide use
and the direct impacts of development would reduce the availability and
quality of forbs, creating negative impacts to Wyoming pocket gopher
habitat. Wyoming pocket gopher habitat requirements are not fully
understood, but the species is likely susceptible to habitat
disturbance due to its restricted distribution and potentially limited
dispersal capabilities (Keinath and Beauvais 2006, pp. 21-23).
Introduction and spread of noxious weeds may result from energy
development activities and negatively impact Wyoming pocket gophers,
and have been shown to limit populations of other burrowing herbivores
(Keinath and Beauvais 2006, p. 23). However, noxious weeds are not
currently thought to be a threat to Wyoming pocket gophers (Keinath and
Beauvais 2006, p. 23). Assertions made in the petition regarding
negative habitat impacts resulting from alterations to soil moisture
are also not supported by information in the petition or our files.
Based on our evaluation of the information presented in the
petition and readily available in our files regarding the expanding
energy development within the range of the Wyoming pocket gopher,
combined with the limited range of the species and its unknown
population status, distribution, and trends, we find that, although
information about the species and its habitat is limited, the petition
presents substantial information indicating that listing the species
may be warranted due to oil and gas exploration and development. Oil
and gas developments could fragment habitat, directly impact soil and
vegetation in the footprint of development sites, and cause negative
impacts that are not understood at this time, such as creation of
ground vibrations and increased noxious weeds. We will assess these
factors more thoroughly during a status assessment in order to quantify
and verify, if possible, potential effects from energy development on
the Wyoming pocket gopher.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Information Provided in the Petition
The petitioners state that Wyoming pocket gopher overutilization
occurs due to commercial and residential development, agriculture, and
recreation. The petitioners provide general information about lethal
control of other species of pocket gopher that often accompanies
development. They claim that the planned development within the range
of the species is likely to lead to similar targeted efforts.
The petitioners describe several options for lethal control of
pocket gophers that could be used on farmlands and ranchlands where
Wyoming pocket gophers occur. They indicate that the difficulty in
distinguishing between species of pocket gophers could result in
accidental poisoning of Wyoming pocket gophers. The petitioners cite
literature describing the high mortality rates that occur in pocket
gopher populations targeted by lethal control measures. The petitioners
describe recreational facilities in Colorado that may have resulted in
the death of individual pocket gophers.
Analysis of Information Provided in the Petition and Information
Readily Available
The petitioners provide general information about lethal control of
pocket gophers associated with development, farmlands, and ranchlands,
but do not provide any specific information correlated with current
overutilization rates. Additionally, the petitioners do not describe
any plans for lethal control of any pocket gophers within the Wyoming
pocket gopher's range, or what amount of lethal control would
constitute overutilization. The petitioners do not detail impacts to
the Wyoming pocket gopher resulting from recreational activities, and
present no clear connection between recreational facilities and
overutilization of the species. No information available in our files
or the cited literature supports the petitioners' concerns regarding
overuse of this species that limits its ability to persist.
On the basis of our evaluation of the information presented in the
petition, and in our files, we determined that the petition does not
present substantial information indicating that listing the Wyoming
pocket gopher may be warranted due to overutilization for commercial,
recreation, scientific, or educational purposes.
C. Disease or Predation
Information Provided in the Petition
The petitioners cite information from Keinath and Beauvais (2006,
pp. 20-21) that parasites and disease have not been shown to limit
pocket gopher populations, but the petitioners raise the possibility of
disease and predation creating a significant threat to the Wyoming
pocket gopher. The petitioners recommend erring on the side of caution
in conserving the Wyoming pocket gopher since the role of disease and
predation is uncertain. The petitioners describe situations of
physiological stress caused by habitat alteration that lead to
vulnerability to parasites and disease. The petitioners cite literature
describing several parasites associated with pocket gophers and suggest
parasites could significantly limit distribution and abundance of the
Wyoming pocket gopher. The petitioners also describe the increased
opportunities for predators to target pocket gophers as development
occurs.
Analysis of Information Provided in the Petition and Information
Readily Available
The petitioners' rationale describing threats to the Wyoming pocket
gopher from disease and predation are not supported by literature or
data. Keinath and Beauvais (2006, pp. 20-21) conclude that disease and
predation are not likely to play a significant role in pocket gopher
persistence, and their report, which was heavily relied on by the
petitioners, is an updated synthesis of Wyoming pocket gopher
information. The Wyoming pocket gopher and any associated parasites and
predators have presumably coexisted for long periods of time. Although
additional physiological stress caused by habitat alteration may lead
to increased vulnerability to parasites and disease, the petitioners
provided no information to verify or quantify this premise. Habitat
alteration that increases opportunities for predation may have
occurred, but no data were provided to describe this situation for the
Wyoming pocket gopher. The scenarios described in the petition,
regarding increased vulnerability to disease and predation, are
presented as indirect effects resulting from habitat alteration, which
is addressed in Factor A above.
On the basis of our evaluation of the information presented in the
petition, we determined that the petition does not present substantial
information indicating that listing the Wyoming pocket gopher may be
warranted due to disease or predation.
D. Inadequacy of Existing Regulatory Mechanisms
Information Provided in the Petition
The petition describes actions taken by the Service, USFS, BLM,
Wyoming Game and Fish Department (WGFD),
[[Page 6562]]
and Wyoming Natural Diversity Database (WYNDD) to classify the Wyoming
pocket gopher's status and to identify and pursue conservation needs.
The Service provides no special status to the Wyoming pocket gopher.
The USFS and BLM both include the Wyoming pocket gopher on their
sensitive species lists, and provide general management approaches for
conservation. The WGFD includes the Wyoming pocket gopher on its list
of Species of Greatest Conservation Need. WYNDD identifies the Wyoming
pocket gopher as a G2/S2 species, meaning the species has a relatively
high probability of global and Statewide extinction. Neither of the
WYNDD designations provides regulatory authority for species
conservation.
The petitioners indicate that management practices outlined by the
USFS, BLM, and WGFD are sufficient to achieve conservation of the
Wyoming pocket gopher if they are followed, and if additional
information is collected and applied. However, the petitioners state
that the agencies have made no efforts to collect basic information
about the biology and ecology of the Wyoming pocket gopher, even though
a significant conservation need exists. The petitioners indicate that
the BLM included no reference to the Wyoming pocket gopher in its 2006
Final Environmental Impact Statement (FEIS) for the Atlantic Rim
coalbed natural gas project.
Analysis of Information Provided in the Petition and Information
Readily Available
The USFS, BLM, and WGFD have created general requirements for
species conservation that can apply to the Wyoming pocket gopher. We
agree that additional information could bolster conservation of the
species, but lack of information does not necessarily indicate that
regulatory mechanisms are inadequate. We agree that conservation
approaches are only effective if they are implemented. The petitioners
cite the absence of the Wyoming pocket gopher in the analysis in the
2006 Atlantic Rim FEIS as an example of the BLM's failure to follow its
requirements for sensitive species management. However, based on our
review of the FEIS, the BLM included a short analysis of the Wyoming
pocket gopher (BLM 2006, p. 4-89). The petition did not present other
information indicating that the conservation approaches described in
the FEIS and other documents produced by the BLM and USFS are not being
implemented.
We found no documentation to support the petitioners' suggestion
that agencies are ignoring sensitive species management to the degree
that regulatory mechanisms are inadequate for the Wyoming pocket
gopher. On the basis of our evaluation of the information presented in
the petition and readily available, we determined that the petition
does not present substantial information indicating that listing the
Wyoming pocket gopher may be warranted due to inadequacy of existing
regulatory mechanisms. However, we will assess this factor more
thoroughly during our status review of the species.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
Information Provided in the Petition
The petitioners state that other natural and manmade threats to the
species include: (1) Vulnerability of small populations; (2) climate
change; (3) stress; and (4) continued oil and gas development.
Vulnerability of Small Populations
The petitioners describe the threats to the Wyoming pocket gopher
that result from it being a narrow endemic species. They describe
stochastic events that could harm populations to a degree that recovery
may not be possible. Demographic events that result in an unbalanced
sex ratio can lead to reduced population sizes. Weather, disease, or
increases in predation can cause significant portions of a population
to be negatively affected. Genetic stochasticity, the variable
recombination of genes of the species, and inbreeding from a population
that is too small can lead to loss of fitness. The petitioners note
that these events work in combination with each other, and pose a
particular risk to small populations.
Analysis of Information Provided in the Petition and Information
Readily Available
We recognize the risks that stochastic events may present to small
populations. Available data indicate the Wyoming pocket gopher has a
limited distribution, which may exacerbate the species' vulnerability
to these events. A definitive population size is not available, but
information about the Wyoming pocket gopher indicates that the
population size may be small enough that stochastic events could
negatively affect the long-term conservation of the species. However,
the Wyoming pocket gopher has evidently persisted for some period of
time and may never have had a large population size. Although the small
population size of the species may make it vulnerable, insufficient
support for this conclusion is available, and very little information
was provided in the petition about how the Wyoming pocket gopher or
other pocket gopher species are impacted by stochastic events. Based on
the information presented in the petition, we find that the petition
does not present substantial information indicating that listing the
Wyoming pocket gopher may be warranted due to vulnerability resulting
from its small population size.
Climate Change
Information Provided in the Petition
The petitioners describe the potential impacts of climate change on
the Wyoming pocket gopher, noting that other species of pocket gopher
are more abundant during wetter years. The petitioners also note that,
in addition to lack of precipitation, other types of climate
variability, such as harsh winters, atypical duration of seasons, and
excessively wet periods, can affect distribution and mortality of
pocket gophers.
Analysis of Information Provided in the Petition and Information
Readily Available
The petitioners describe general population responses of pocket
gophers to natural climate variability, but the Wyoming pocket gopher
is adapted to the natural climate variability that occurs within its
range. For example, drought has been documented periodically within the
range of the Wyoming pocket gopher, and may negatively affect the
species; however, the species has continued to exist despite periods of
natural drought.
The petitioners did not present specific information about how
global climate change has affected or is likely to affect the Wyoming
pocket gopher in a way that differs from past climate variability.
Although warming of the climate globally is considered unequivocal
(USGS 2008, p. 1), predicting local climate trends and determining how
those trends will affect certain species is uncertain. Without
additional information, the effect of long-term climate change on the
Wyoming pocket gopher is unclear and could result in either a net
positive or negative effect on the species. Based on our evaluation of
information in the petition and in our files, we determined that the
petition does not present substantial information indicating that
listing the Wyoming pocket gopher may be warranted due to climate
change.
[[Page 6563]]
Stress
Information Provided in the Petition
The petitioners provide information linking various habitat changes
with increased stress levels for the Wyoming pocket gopher. They
briefly describe the types of effects that stress from various sources
may have on a species.
Analysis of Information Provided in the Petition and Information
Readily Available
Stress may increase due to habitat changes that are addressed in
Factor A above. Other sources of stress are not described in the
petition to an extent that allows us to discern whether the
conservation status of the Wyoming pocket gopher is affected by stress
levels. Based on the information provided in the petition, we
determined that the petition does not present substantial information
indicating that listing the Wyoming pocket gopher may be warranted due
to stress.
Continued Oil and Gas Development
Information Provided in the Petition
The petitioners describe the level of energy development that has
occurred in various parts of Wyoming and some of the ecological
consequences of that development. They note that the entire range of
the Wyoming pocket gopher is leased for oil and gas development.
Analysis of Information Provided in the Petition and Information
Readily Available
We addressed the impacts of oil and gas development in Factor A
above, and did not find a description of any additional impacts in the
petition under Factor E.
Summary of Factor E
We found no documentation to support the petitioners' suggestion
that effects from small populations, climate change, increased stress,
or oil and gas leasing (in itself) are significant to the degree that
other natural or manmade factors are affecting the continued existence
of the Wyoming pocket gopher. On the basis of our evaluation of the
information presented in the petition and readily available, we
determined that the petition does not present substantial information
indicating that listing the Wyoming pocket gopher may be warranted due
to other natural or manmade factors. However, we will assess the issues
raised by the petitioners more thoroughly during our status review of
the species.
Finding
We reviewed the petition, supporting information provided by the
petitioners, and information in our files, and evaluated that
information to determine whether the sources cited support the claims
made in the petition. We find the petitioners presented substantial
information under Factor A indicating that listing the Wyoming pocket
gopher as threatened or endangered under the Act may be warranted due
to habitat threats resulting from oil and gas exploration and
development, particularly given the limited range and uncertain status
of the species. Based on the amount of Federal land leased for energy
development and general interest in energy extraction, the likelihood
for energy development throughout the species' range is high. Although
not supported with sufficient information, the petitioners also
presented information about the susceptibility of the species to
stochastic events due to its small population size and limited
distribution (see Factor E). In our 12-month finding, we will further
investigate and analyze this potential vulnerability. The petitioners'
claim that regulatory mechanisms are inadequate for the Wyoming pocket
gopher is not supported with sufficient information, but we will also
assess this factor more thoroughly during our status review of the
species.
Based on this review and evaluation, we find that the petition
presents substantial scientific or commercial information indicating
that listing the Wyoming pocket gopher may be warranted. Therefore, we
are initiating a status review to determine whether listing the Wyoming
pocket gopher under the Act is warranted. As part of our status review
of the Wyoming pocket gopher, we will examine available information on
the threats to the species and make a final determination on whether
the species is warranted for listing as threatened or endangered under
the Act. To ensure that the status review is comprehensive, we are
soliciting scientific and commercial information regarding the Wyoming
pocket gopher (as described above under the Information Solicited
section).
The ``substantial information'' standard for a 90-day finding is in
contrast to the Act's ``best scientific and commercial data'' standard
that applies to a 12-month finding as to whether a petitioned action is
warranted. A 90-day finding is not a status assessment of the species
and does not constitute a status review under the Act. Our final
determination as to whether a petitioned action is warranted is not
made until we have completed a thorough status review of the species,
which is conducted following a positive 90-day finding. Because the
Act's standards for 90-day and 12-month findings are different, as
described above, a positive 90-day finding does not mean that the 12-
month finding also will be positive.
The petitioners requested that critical habitat be designated for
this species. If we determine in our 12-month finding that listing the
Wyoming pocket gopher is warranted, we will address the designation of
critical habitat to the maximum extent prudent and determinable at the
time of the proposed rulemaking.
References Cited
A complete list of all references cited in this document is
available upon request from the Wyoming Ecological Services Field
Office (see FOR FURTHER INFORMATION CONTACT section).
Author
The primary authors of this document are staff members of the
Wyoming Ecological Services Field Office (see FOR FURTHER INFORMATION
CONTACT section).
Authority: The authority for this action is section 4 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: February 2, 2009.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E9-2677 Filed 2-9-09; 8:45 am]
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