The decline of certain Bombus species from the mid-1990s to present, particularly species in the subgenus Bombus sensu stricto (including Franklin's bumble bee), was contemporaneous with the collapse of commercially bred western bumble bee (raised primarily to pollinate greenhouse tomato and sweet pepper crops beginning in the late 1980s) (Szabo et al. We must receive requests for public hearings, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by September 27, 2019. The effects of fire on invertebrates depends greatly on the biology of the specific taxa (Gibson et al. Fish and Wildlife Service 2018, p. 25). Although habitat loss has had negative effects on bumble bees, we conclude it is unlikely to be a main driver of the decline of the Franklin's bumble bee. 34-40). We define viability here as the likelihood of the species to persist over the long term and, conversely, to avoid extinction. Recovery plans also establish a framework for agencies to coordinate their recovery efforts and provide estimates of the cost of implementing recovery tasks. To better help us revise the rule, your comments should be as specific as possible. We may issue permits to carry out otherwise prohibited activities involving endangered wildlife under certain circumstances. Under section 4(b)(1)(a), the Secretary is to make endangered or threatened determinations required by subsection 4(a)(1) solely on the basis of the best scientific and commercial data available to him after conducting a review of the status of the species and after taking into account conservation efforts by States or foreign nations. better and aid in comparing the online edition to the print edition. On September 13, 2011, we announced in the Federal Register (76 FR 56381) that the petition presented substantial information indicating that this species may be warranted for listing, and announced the initiation of a status review for the species. The Xerces Society, which monitors bees, says that the primary threats to this species are three-fold: diseases from managed bees, pesticides, and a small population size. In accordance with our joint policy on peer review published in the Federal Register on July 1, 1994 (59 FR 34270), we sought the expert opinions of 10 appropriate and independent specialists regarding the scientific basis for this proposed rule; nine agreed to provide review. Paul Henson, Field Supervisor, U.S. The Act encourages cooperation with the States and other countries and calls for recovery actions to be carried out for listed species. 2015, p. 2; Kosior et al. The authority citation for part 17 continues to read as follows: Authority: “Adverse effects within this narrow range can have a … developer tools pages. We will schedule public hearings on this proposal, if any are requested, and announce the dates, times, and places of those hearings, as well as how to obtain reasonable accommodations, in the Federal Register and local newspapers at least 15 days before the hearing. Controlled burning became a management tool for reducing potential fuel loads for wildfire; controlled burning is carried out by Federal land management agencies including the U.S. Forest Service and Bureau of Land Management in the range of the Franklin's bumble bee. Additionally, as discussed above, the Franklin's bumble bee has been documented using a wide variety of habitat throughout its range. No studies have investigated the effects of pesticide use on the Franklin's bumble bee, and no discoveries have been documented of any Franklin's bumble bees injured or killed by pesticides. for better understanding how a document is structured but In this Issue, Documents Historically, the species has always been rare and has one of the narrowest distributions of any Bombus species in the world. The recovery planning process involves the identification of actions that are necessary to halt or reverse the species' decline by addressing the threats to its survival and recovery. Questions regarding whether specific activities would constitute a violation of section 9 of the Act should be directed to the Oregon Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). To assess resiliency and redundancy, we evaluated the change in Franklin's bumble bee occurrences (populations) over time. Start Preamble AGENCY: Fish and Wildlife Service, Interior. The effect of pathogens on bumble bees varies from mild to severe (Macfarlane et al. Endangered Species Act. 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 Franklin's bumble bee to a greater degree than any one of the three factors caused on its own. In addition, the Environmental Protection Agency is working with State and Tribal agencies to develop and implement local pollinator protection plans, known as Managed Pollinator Protection Plans (MP3s). Franklin's bumblebee (Bombus franklini) is known to be one of the most narrowly distributed bumblebee species, making it a critically endangered bee of the western United States. The regulations also provide that, in determining whether a designation would not be beneficial, the factors the Service may consider include but are not limited to: Whether the present or threatened destruction, modification, or curtailment of a species' habitat or range is not a threat to the species, or whether any areas meet the definition of “critical habitat” (50 CFR 424.12(a)(1)(ii)). We have no documentation in our files or any direct evidence that these incidents or urbanization or development in the range of Franklin's bumble bee contributed to the decline of the species. Fish and Wildlife Service proposed that the bee be listed as an endangered species. A number of diseases are known to naturally occur in bumble bee populations. Because we have determined that the Franklin's bumble bee is in danger of extinction throughout its range, we find it unnecessary to proceed to an evaluation of potentially significant portions of the range. Furthermore, the effects of pathogen infection on bumble bees may be amplified by other stressors on the landscape. (2) Specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. Although this species has not been found since 2006, we conclude it is premature at this time to determine that the species is extinct absent a more thorough survey effort. 123-124; Thorp et al. This action constitutes our 12-month finding on the 2010 petition to list the Franklin's bumble bee. The report also relied heavily on information from species experts. With the exception of the inundation of two historical Franklin's bumble bee locations by the construction of Applegate dam and a report of soil modification on a portion of the Gold Hill site four years after the last occurrence of Franklin's bumble bee in the area, no noticeable destruction, modification, or curtailment of habitat or range can be identified in areas where the species had been previously located. 16-cv-01165-JCS, 2018 WL 4053447 (N.D. Cal. It has a solid black abdomen with just a touch of white at the tip, and an inverted U-shaped design between its wing bases. Several of the targeted Franklin's bumble bee and western bumble bee survey reports between 2015 and 2017 include mention of widespread hot, dry climate affecting timing and abundance of floral resources during the surveys (Bureau of Land Management 2015; Trail 2017, pers. Franklin's bumble bee was first observed in 1917 and first described in 1921, and limited occurrence and observation data exists for Franklin's bumble bee prior to 1998. FWS-R1-ES-2018-0044. headings within the legal text of Federal Register documents. We, the U.S. The President of the United States manages the operations of the Executive branch of Government through Executive orders. In accordance with the President's memorandum of April 29, 1994 (Government-to-Government Relations with Native American Tribal Governments; 59 FR 22951), Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments), and the Department of the Interior's manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. documents in the last year, by the Fish and Wildlife Service It is likely that several risk factors are acting cumulatively and synergistically on many Bombus species, including the Franklin's bumble bee (Goulson et al. 5658)), and our associated Information Quality Guidelines, provide criteria, establish procedures, and provide guidance to ensure that our decisions are based on the best scientific data available. 2017, p. 328), and caution against declaring a species as extinct in the face of uncertainty (Akçakaya et al. Diploid male production has been detected in naturally occurring populations of bumble bees, and recent modeling work has shown that diploid male production may initiate a rapid extinction vortex (a situation in which genetic traits and environmental conditions combine to lead a species to extinction) (Goulsen et al. Fish and Wildlife Service 2018, p. 39). Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803. comm. We know that the Franklin's bumble bee needs (1) floral resources for nectaring throughout the colony cycle, and (2) relatively protected areas for breeding and shelter. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Franklin's bumble bee (Bombus franklini) as endangered and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). The species may also occasionally nest on the ground (Thorp et al. Although the Olgilvie et al. The recovery outline guides the immediate implementation of urgent recovery actions and describes the process to be used to develop a recovery plan. When did the Bumblebee Bat become endangered. The 2010 petition identified destruction, degradation, and conversion of habitat as a threat to the Franklin's bumble bee. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800-877-8339. The flight season of Franklin's bumble bee is from mid-May to the end of September (Thorp et al. Some local municipalities in Oregon enacted legislation against aerial pesticide applications but none in the range of the Franklin's bumble bee (Powell 2017, p. 1; City of Portland 2015, p. 2). We’ve made big changes to make the eCFR easier to use. 1983, p. 2; Macfarlane et al. are not part of the published document itself. This is why the rusty patch bumblebee being listed as endangered is considered one of the most significant species listings of all time. In summary, we, therefore, find that 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 Franklin's bumble bee to a greater degree than any one of the three factors would cause on its own. 2011, p. 20646). The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. While we have no evidence of direct effects of a virulent strain of N. bombi on the Franklin's bumble bee, N. bombi has been detected in closely related species in the range of the Franklin's bumble bee. We have no new information that the timing, location, intensity, or duration of grazing has changed, with the exception of the Cascade-Siskiyou National Monument, where most grazing has been retired (Colyer 2018, pers. Federal Register provide legal notice to the public and judicial notice The prohibitions of section 9(a)(1) of the Act, codified at 50 CFR 17.21, make it illegal for any person subject to the jurisdiction of the United States to take (which includes harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect; or to attempt any of these) endangered wildlife within the United States or on the high seas. 2012, p. 236; Colla and Packer 2008, p. 1388; Cameron et al. Classified as Endangered on the 2006 IUCN Red List of Threatened Species. 3-4). The haplodiploid genetic system of the Franklin's bumble bee, combined with its historically small population size, was also likely a factor in the decline of the species. In view of the foregoing, we conclude that present or threatened destruction, modification, or curtailment of habitat is not a threat to the Franklin's bumble bee; rather, disease and other manmade factors are likely the primary threat to the species within its habitat. 2010, pp. Total estimated neonicotinoid applications increased from 53.35 pounds per acre (lbs/ac) (24.19 kilograms per hectare)(kg/ac) in 1996 to 1,144.128 lbs/ac (518.86 kg/ha) in 2014; however, the exponential growth of neonicotinoid applications started in 2011, 5 years after the last observation of the species. None of these aforementioned measures has appreciably reduced or fully ameliorated threats to the Franklin's bumble bee, as evidenced by the species' acute and rangewide decline. You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. 2000, pp. During the more intensive surveys from 1998 until the last observation in 2006, the Franklin's bumble bee was observed at 14 locations, including 8 locations where it had not been previously documented. It is likely that the effects discussed in these studies are local in space and time, and most pronounced where floral resources are limited and large numbers of commercial European honey bee colonies are introduced (Xerces Society and Thorp 2010, p. 21). No potential stressors of the Franklin's bumble bee correspond with Factor B. 2000, pp. This feature is not available for this document. 1994, p. 7). Although the ultimate source of the decline is unknown, the acute and rangewide decline of the Franklin's bumble bee is undisputable. as well as rob nectar from it (Xerces Society and Thorp 2010, p. 11). Fish and Wildlife Service 2018, p. 28). More information and documentation can be found in our 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 throughout all or a significant portion of its range within the foreseeable future.” We find that the Franklin's bumble bee is presently in danger of extinction throughout all of its range based on the severity and immediacy of threats currently affecting the species. Each document posted on the site includes a link to the This document has been published in the Federal Register. This prototype edition of the Features may also be expressed in terms relating to principles of conservation biology, such as patch size, distribution distances, and connectivity. Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on http://www.regulations.gov, or by appointment, during normal business hours, at the U.S. Conservation measures provided to species listed as endangered or threatened species under the Act include recognition, recovery actions, requirements for Federal protection, and prohibitions against certain practices. The federal government has proposed endangered species status for the Franklin’s bumblebee, last seen 13 years ago on Mount Ashland. Crithidia bombi infections of western bumble bee were 2.8 percent overall. In particular, agricultural intensification, livestock grazing, urban development, and road construction can fragment bumble bee habitat into pieces that are too small or too distant to support diverse bumble bee communities (Goulson et al. 2005; McFrederick and LeBuhn 2006), but they tend not to support the species richness of bumble bees that can be found in nearby undeveloped Start Printed Page 40011landscapes (Xerces Society and Thorp 2010, p. 13), or that which was present historically (McFrederick and LeBuhn 2006). on NARA's archives.gov. This site displays a prototype of a “Web 2.0” version of the daily We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983 (48 FR 49244).Start Printed Page 40019. Franklin's bumble bee have been observed collecting pollen from lupine (Lupinus spp.) 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 Franklin's bumble bee. FWS-R1-ES-2018-0044. 1531 et seq.) Recognition through listing results in public awareness, and conservation by Federal, State, Tribal, and local Start Printed Page 40016agencies; private organizations; and individuals. Despite continued intensive search efforts in these areas through 2017, there have been no confirmed observations of the Franklin's bumble bee since 2006. (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R1-ES-2018-0044; U.S. comm,). Colonies of eastern bumble bee were imported to pollinate agricultural crops and strawberries in Grants Pass, Oregon, in the range of the Franklin's bumble bee (Xerces Society and Thorp 2010, p. 18). The peer reviewers have expertise in Franklin's bumble bee or Bombus biology and habitat, and their comments helped inform our determinations. As discussed above in the threats analysis, there is currently no imminent threat of take attributed to collection or vandalism identified under Factor B for this species, and identification and mapping of critical habitat is not expected to initiate any such threat. Although we do not have direct evidence of pathogens playing a role in the decline of the Franklin's bumble bee, the disappearance of the Franklin's bumble bee occurred soon after a period of introduction of new pathogens. Critical habitat receives protection under section 7 of the Act through the requirement that Federal agencies ensure, in consultation with the Service, that any action they authorize, fund, or carry out is not likely to result in the destruction or adverse modification of critical habitat. Franklin's bumble bee may also collect both pollen and nectar from vetch (Vicia spp.) Section 7(a) of the Act requires Federal agencies to evaluate their actions with respect to any species that is proposed or listed as an endangered or threatened species and with respect to its critical habitat, if any is designated. ), and could thereby reduce effects of pesticides on pollinators including Franklin's bumble bee. Robbin Thorp, 1933-2019, with his photo (screensaver) of Franklin’s bumble bee. “Today’s Endangered Species listing is the best — and probably last — hope for the recovery of the rusty-patched bumblebee,” said Rebecca Riley, an attorney with the Natural Resources Defense Council. Only official editions of the 08/12/2019 at 8:45 am. “Adverse effects within this narrow range can have a much greater effect on it than on more widespread bumble bees.”, If it’s given protective status, this could “stimulate research into the probable causes of its decline,” said Thorp. For complete information about, and access to, our official publications 1995). These factors make the species more vulnerable to habitat change or loss, parasites, diseases, stochastic events, and other natural disasters such as droughts (Xerces Society and Thorp 2010, p. 20). Changes in temperature and precipitation, and the increased frequency of storm events, can affect pollinator population sizes directly, by affecting survival and reproduction (Intergovernmental Panel on Climate Change 2013, entire; Bale et al. 12/17/2020, 42 We request that you send comments only by the methods described in ADDRESSES. Pathogens and parasites are widespread generalists in the host genus, but affect species differently according to host susceptibility and tolerance to infection (Kissinger et al. Recovery teams (composed of species experts, Federal and State agencies, nongovernmental organizations, and stakeholders) are often established to develop recovery plans. Therefore, we request comments or information from other concerned governmental agencies, Native American tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. About the Federal Register There has never been any indication that the Franklin's bumble bee was at risk of overutilization for commercial, recreational, scientific, or Start Printed Page 40010educational purposes, and we did not find any new information to suggest this has changed. edition of the Federal Register. Between 1998 and 2006, the number of Franklin's bumble bee observations went from a high of 98 at 11 locations, to a lone individual in 2006. Many records also lack details on the level of survey effort per location (number of searchers, hours of search effort per day, number of days per search effort). As one of the rarest Bombus species, Franklin's bumble bees are somewhat enigmatic, and a specific habitat study for the species has not been completed. 348-349), our SSA Report (U.S. 2011, Cordes et al. This is the fact pattern we are presented with in the case of the Franklin's bumble bee. Potential stressors that we analyzed for the Franklin's bumble bee generally fit into three groups that correspond with Factors A (habitat loss and fragmentation), C (pathogens), or E (pesticide use, competition with nonnative bees, and effects of small population size). documents in the last year, 28 Examples of recovery actions include habitat restoration (e.g., restoration of native vegetation), research, captive propagation and reintroduction, and outreach and education. IUCN placed it on the “Red List of Threatened Species” and classified it as “critically endangered” and in “imminent danger of extinction.”. While many native pollinators have suffered declines related to loss of habitat and pesticides, the sudden decline of Franklin’s bumble bee and some of its closest relatives—including the rusty patched bumble bee (Bombus affinis)—was likely initiated by a fungus that spread from managed bees. That is why the listing of the rusty-patched bumble bee as endangered is considered one of the most significant species listings. Studies specifically relating to bumble bees are scant, and we found no climate change information specific to the Franklin's bumble bee. Historical observations and occurrence data for Franklin's bumble bee prior to 1998 include randomly reported observations, student collections, and museum specimens, as well as the collections and notes of interested parties, natural resource managers, and university staff (Xerces Society and Thorp 2010, pp. The nectar from flowers provides carbohydrates, and the pollen provides protein. A Proposed Rule by the Fish and Wildlife Service on 08/13/2019. comm. (5) Additional information concerning the historical and current status, range, distribution, and population size of this species, including the locations of any additional populations of this species. provide legal notice to the public or judicial notice to the courts. legal research should verify their results against an official edition of We could not find information to indicate that any area of Franklin's bumble bee habitat in the range of the species has limited floral resources and large numbers of European honey bees. the material on FederalRegister.gov is accurately displayed, consistent with In addition, it is unlawful to import; export; deliver, receive, carry, transport, or ship in interstate or foreign commerce in the course of commercial activity; or sell or offer for sale in interstate or foreign commerce any listed species. Bumble bee abundance for three species of Bombus in the Rocky Mountains increased when floral resources were available for more days, and the number of days where floral resources were available increased with greater summer precipitation and later snowmelt dates (Ogilvie et al. 2009, p. 75). In accordance with Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act), we readily acknowledge our responsibilities to work directly with tribes in developing programs for healthy ecosystems, to acknowledge that tribal lands are not subject to the same controls as Federal public lands, to remain sensitive to Indian culture, and to make information available to tribes. The Franklin's bumble bee is rare and has always had very small populations (relative to other similar, native bumble bees in the western United States), and likely has low genetic diversity due to the haplodiploidy genetic system it shares with all Bombus species (Zayed 2009, p. 238). comm. However, in the 2017 legislative session, Oregon passed an Avoidance of Adverse Effects on Pollinating Insects law (Oregon Revised Statutes (ORS) 634.045) that is providing enhanced training of licensed and unlicensed pesticide applicators in the State (Melathopoulos 2018, pers. Although we have no direct evidence that pesticide use contributed to the decline of the Franklin's 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 Franklin's bumble bee. For these areas, critical habitat designations identify, to the extent known using the best scientific and commercial data available, those physical or biological features that are essential to the conservation of the species (such as space, food, cover, and protected habitat). Since 2006, no populations have been located. Such designation does not allow the government or public to access private lands. For example, an area currently occupied by the species but that was not occupied at the time of listing may be essential to the conservation of the species and may be included in the critical habitat designation. While it is unlikely that pesticides alone can account for the decline of the Franklin's bumble bee, documented effects of pesticides on closely related Bombus species suggest pesticide use was likely a factor in the decline of the Franklin's bumble bee. If a species is listed subsequently, section 7(a)(2) of the Act requires Federal agencies to ensure that activities they authorize, fund, or carry out are not likely to jeopardize the continued existence of the species or destroy or adversely modify its critical habitat. 1992), and in the case of the Franklin's bumble bee, controlled burns could certainly cause death of individual bees and negative effects to a colony. Nutritional stress may compromise the ability of bumble bees to survive parasitic infections (Brown et al. Malfi and Roulston (2014, p. 24) found that N. bombi infections are more frequent and more severe in rare species, and the species with the highest percentages of infected individuals were rare species. Additionally, we invite you to submit any new information on this species whenever it becomes available and any information you may have for recovery planning purposes (see FOR FURTHER INFORMATION CONTACT). establishing the XML-based Federal Register as an ACFR-sanctioned 12/17/2020, 144 The rusty patched bumble bee is now listed as endangered under the Species at Risk Act in Canada and as Critically Endangered on the IUCN Red List of Threatened Species, but little is being done in the U.S. to ensure that these bumble bees and their habitat are protected. Fish and Wildlife Service 2018, pp. If made final, this rule would add this species to the Federal List of Endangered and Threatened Wildlife and apply the protections of the Act to this species. The combination of multiple stressors is typically more harmful than a stressor acting alone, and it is likely that several of the stressors mentioned above acted cumulatively and synergistically on the Franklin's bumble bee. 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