[Federal Register: September 19, 2008 (Volume 73, Number 183)]
[Proposed Rules]
[Page 54345-54346]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se08-18]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R1-ES-2008-0096; MO 9221050083-B2]
RIN 1018-AW34
Endangered and Threatened Wildlife and Plants; Listing the Plant
Lepidium papilliferum (Slickspot Peppergrass) as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), notify the
public of the reinstatement of our July 15, 2002, proposed rule to list
Lepidium papilliferum (slickspot peppergrass) as endangered under the
Endangered Species Act of 1973, as amended (Act). We announce the
reopening of the public comment period on that proposed listing.
DATES: We will accept comments received on or before October 20, 2008.
ADDRESSES: You may submit comments by one of the following methods:
Via the Federal eRulemaking Portal: http://
www.regulations.gov. Follow the instructions for submitting comments.
By U.S. mail or hand-delivery to: Public Comments
Processing, Attn: RIN 1018-AW34, 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 comments on
http://www.regulations.gov. This generally means that we will also post
any personal information included with your comments (see the Public
Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: Jeffery L. Foss, Field Supervisor,
Snake River Fish and Wildlife Office, 1387 S. Vinnell Way, Room 368,
Boise, ID 83709 (telephone 208-378-5243; facsimile 208-378-5262). If
you use a telecommunications device for the deaf (TDD), you may call
the Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We intend that any final action resulting from the proposal will be
as accurate and as effective as possible. Therefore, we are seeking
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning the proposed rule. We particularly seek comments
concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to Lepidium papilliferum;
(2) Additional information concerning the range, distribution, and
population size of this species; and
(3) Current or planned activities in the subject area and their
possible impact on this species.
You may submit your comments and materials concerning the proposed
rule by one of the methods listed in the ADDRESSES section. We will not
accept comments sent by e-mail or fax or to an address not listed in
the ADDRESSES section.
We will post your entire comment--including your personal
identifying information--on http://www.regulations.gov. If you provide
personal identifying information in your comment, 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.
In making a final decision on the proposal, we will take into
consideration the comments and any additional information we receive.
Such communications may lead to a final rule that differs from the
proposal.
Comments and materials we receive, as well as supporting
documentation we used in preparing the proposed rule, will be available
for public inspection
[[Page 54346]]
on http://www.regulations.gov, or by appointment, during normal
business hours, at the Snake River Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT).
Previous Federal Actions
On July 15, 2002, we published a proposed rule (67 FR 46441) to
list Lepidium papilliferum as endangered under the Act (16 U.S.C. 1531
et seq.). For a description of Federal actions regarding Lepidium
papilliferum prior to that proposed listing rule, please refer to that
proposal. Here we provide a summary of the Federal actions concerning
L. papilliferum from the 2002 proposed listing rule to this action.
We accepted public comments on the July 15, 2002, proposed rule for
60 days, until September 13, 2002. We held a public hearing on August
29, 2002. On September 25, 2002 (67 FR 60206), and again on July 18,
2003 (68 FR 42666), we reopened the public comment period on the
proposed listing. On October 30, 2003, we made a Candidate Conservation
Agreement (CCA) and a document compiled by the Service entitled ``Best
Available Information for Slickspot Peppergrass'' available for public
review and comment (68 FR 61821). On January 22, 2004, we published a
withdrawal of our proposed rule to list Lepidium papilliferum as
endangered (69 FR 3094). Our withdrawal was based on our conclusion
that evidence of a negative population trend was lacking and that the
formalized conservation plans (e.g., the CCA and Integrated Natural
Resource Management Plans) had sufficient certainty that they would be
implemented and effective such that the risk to the species was reduced
to a level below the statutory definition of endangered or threatened.
On April 5, 2004, the Western Watersheds Project filed a complaint
challenging our decision to withdraw the proposed rule to list Lepidium
papilliferum as endangered (Western Watersheds Project v. Jeffery Foss,
et al., Case No. CV 04-168-S-EJL). On August 19, 2005, the U.S.
District Court for the District of Idaho reversed our decision to
withdraw the proposed rule, effectively reinstating our July 15, 2002,
proposed rule (67 FR 46441). The Court remanded the case to the
Secretary of the Department of the Interior for reconsideration of
``whether a proposed rule listing the slickspot peppergrass as either
threatened or endangered should be adopted.''
Following the August 19, 2005, remand order, we notified Federal,
State, and local agencies, county governments, elected officials, and
other interested parties of the District Court's decision in a letter
dated October 13, 2005. We requested new scientific data, information,
and comments about Lepidium papilliferum by November 14, 2005. We also
stated that scientific information received from the public would be
utilized in an updated document entitled ``Draft Best Available
Biological Information for Slickspot Peppergrass (Lepidium
papilliferum)'' (BAI), which would combine all existing and new
information regarding the species and its habitat. We accepted
information through December 14, 2005, and received 13 comment letters
in response to our request for additional information. From February
27, 2006, through March 30, 2006, we accepted information from peer
reviewers and others on the draft BAI and on conservation efforts for
the species. We received an additional 36 comments. On October 23,
2006, we opened an additional 22-day comment period through November
13, 2006 (71 FR 62078) to allow the opportunity for public comment on a
variety of documents, including peer review comments on the draft BAI
and results of an expert panel workshop. We received 20 comments in
response to this request for comments.
On January 12, 2007, we withdrew our proposed rule to list Lepidium
papilliferum as endangered under the Act (72 FR 1621). This withdrawal
was based on our determination that the best available information
indicated that, in regard to Lepidium papilliferum, ``* * * while its
sagebrush-steppe matrix habitat is degraded, there is little evidence
of negative impacts on the abundance of Lepidium papilliferum, which
inhabits slickspot microsites within this system.'' The withdrawal
further concluded that annual abundance of the plant is strongly
correlated with spring precipitation; therefore, a high degree of
variability in annual plant abundance is to be expected. Furthermore,
evidence regarding the plant's overall population trend was
inconsistent.
Subsequently, on April 16, 2007, the Western Watersheds Project
filed another complaint challenging our January 2007 decision to
withdraw the proposed rule to list Lepidium papilliferum as endangered
(Western Watersheds Project v. Jeffery Foss et al., Case No. 07-161-E-
MHW).
On June 4, 2008, the U.S. District Court for the District of Idaho
vacated the Service's January 2007 withdrawal of the proposed listing
of Lepidium papilliferum, and remanded the decision to the Service for
further consideration consistent with the Court's opinion. The Court's
action effectively reinstates the July 15, 2002, proposed rule to list
L. papilliferum as endangered (67 FR 46441). The Service will complete
its review of the best available scientific and commercial data,
including information and comments submitted during this comment
period, as part of the remand process. We will then complete a new
listing determination.
Author
The primary authors of this document are the staff at the Snake
River Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: September 10, 2008.
Kenneth Stansell,
Acting Director, Fish and Wildlife Service.
[FR Doc. E8-21987 Filed 9-18-08; 8:45 am]
BILLING CODE 4310-55-P