[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Proposed Rules]
[Pages 31903-31906]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13671]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R9-ES-2011-0003; MO 92210-1113F120-B6]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition to Reclassify the Straight-Horned Markhor (Capra falconeri
jerdoni) of Torghar Hills as Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition finding and initiation of status review.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, announce a 90-day
finding on a petition to reclassify the Torghar Hills population of
straight-horned markhor, or Suleiman markhor, (Capra falconeri jerdoni
or C. f. megaceros) from endangered to threatened under the Endangered
Species Act of 1973, as amended (Act). Based on our review, we find
that the petition presents substantial scientific or commercial
information indicating that reclassifying this subspecies of markhor in
the Torghar Hills of Pakistan may be warranted. Therefore, with the
publication of this notice, we are initiating a review of the status of
the entire subspecies to determine if the petitioned action is
warranted. To ensure that this status review is comprehensive, we are
requesting scientific and commercial data and other information
regarding the straight-horned markhor or the Torghar Hills population.
Based on the status review, we will issue a 12-month finding on the
petition, which will address whether the petitioned action is
warranted, as provided in section 4(b)(3)(B) of the Act.
DATES: To allow us adequate time to conduct this review, we request
that we receive information on or before August 1, 2011.
ADDRESSES: You may submit information by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Search for docket FWS-R9-ES-2011-0003 and then follow the instructions
for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS- FWS-R9-ES-2011-0003; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS
2042-PDM; Arlington, VA 22203.
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: Janine Van Norman, Chief, Branch of
Foreign Species, Endangered Species Program, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203;
telephone 703-358-2171; facsimile 703-358-1735. If you use a
telecommunications device for the deaf (TDD), please 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 indicating that reclassifying a species may be warranted,
we are required to promptly review the status of the species (status
review). For the status review to be complete and based on the best
available scientific and commercial information, we request information
on the straight-horned markhor from the public, governmental agencies,
Tribal communities, the scientific community, industry, and any other
interested parties. We seek information on:
(1) The straight-horned markhor's biology, range, and population
trends, including:
(a) Habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy on Capra falconeri jerdoni and C. f.
megaceros to determine if these two subspecies constitute a single
subspecies;
(c) Historical and current range including distribution patterns;
(d) Intermountain movement;
(e) Historical and current population levels, and current and
projected trends; and
(f) Past and ongoing conservation measures for the subspecies, its
habitat, or both.
(g) Information on the straight-horned markhor subspecies for the
purpose of determining if the markhor in the Torghar Hills constitutes
a distinct vertebrate population segment (DPS; see Evaluation of
Listable Entities).
(2) The factors that are the basis for making a listing/delisting/
downlisting determination for a species under section 4(a) of the
Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et
seq.), which are:
(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) The inadequacy of existing regulatory mechanisms; or
(e) Other natural or manmade factors affecting its continued
existence.
(3) Information on whether changing climatic conditions are
affecting the subspecies or its habitat.
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.
We will base our status review on the best scientific and
commercial information available, including all information we receive
during the public comment period. Please note that comments 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 an endangered
or threatened species must be made ``solely on the basis of the best
scientific and commercial data available.'' At the conclusion of the
status review, we will issue the 12-month finding on the petition, as
provided in section 4(b)(3)(B) of the Act.
[[Page 31904]]
You may submit your information concerning this status review by
one of the methods 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 you submit a hardcopy that includes personal identifying
information, you may request at the top of your document that we
withhold this personal identifying 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 supporting documentation that we received and used
in preparing this finding will be available for you to review at http://www.regulations.gov, or you may make an appointment during normal
business hours at the U.S. Fish and Wildlife Service, Endangered
Species Program, Branch of Foreign Species (see FOR FURTHER INFORMATION
CONTACT).
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 provided in the petition, supporting information submitted
with the petition, and information otherwise 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 the
finding promptly in the Federal Register.
Our standard for substantial scientific or commercial information
within the Code of Federal Regulations (CFR) with regard to 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 substantial
scientific or commercial information was presented, we are required to
promptly commence a review of the status of the species, which will be
subsequently summarized in our 12-month finding.
Petition History
On August 18, 2010, we received a petition dated August 17, 2010,
from John Jackson of Conservation Force, on behalf Dallas Safari Club,
Houston Safari Club, African Safari Club of Florida, The Conklin
Foundation, Grand Slam Club/Ovis, Wild Sheep Foundation, Jerry Brenner,
Steve Hornaday, Alan Sackman, and Barbara Lee Sackman, requesting the
U.S. Fish and Wildlife Service (Service) downlist the Torghar Hills
population of the Suleiman markhor (Capra falconeri jerdoni or C. f.
megaceros), in the Balochistan Province of Pakistan, from endangered to
threatened under the Act. The petition clearly identified itself as
such and included the requisite identification information for the
petitioners, as required by 50 CFR 424.14(a). In a September 15, 2010,
letter to John Jackson, we acknowledged receipt of the petition.
Previous Federal Actions
On June 14, 1976, we published in the Federal Register a rule
listing the straight-horned markhor, or the Suleiman markhor (Capra
falconeri jerdoni), and the Kabul markhor (C. f. megaceros), as well as
157 other U.S. and foreign vertebrates and invertebrates, as endangered
under the Act (41 FR 24062). All species were found to have declining
numbers due to the present or threatened destruction, modification, or
curtailment of its habitat or range; overutilization for commercial,
sporting, scientific, or educational purposes; the inadequacy of
existing regulatory mechanisms; or some combination of the three.
However, the main concern was the high commercial importance and the
inadequacy of existing regulatory mechanisms to control international
trade.
Later, the straight-horned markhor and the Kabul markhor were
considered by many authorities to be the single subspecies C. f.
megaceros (straight-horned markhor). These subspecies currently remain
listed as separate entities under the Act. We are requesting
information (see Information Solicited) on the taxonomy of both
subspecies to determine if these constitute a single subspecies. On
March 4, 1999, we received a petition from Sardar Naseer A. Tareen, on
behalf of the Society for Torghar Environmental Protection and the
International Union for Conservation of Nature (IUCN) Central Asia
Sustainable Use Specialist Group, requesting that the Suleiman markhor
(Capra falconeri jerdoni or C. f. megaceros) population of the Torghar
Hills region of the Balochistan Province, Pakistan be reclassified from
endangered to threatened under the Act. On September 23, 1999 (64 FR
51499), we published in the Federal Register a finding, in accordance
with section 4(b)(3)(A) of the Act, that the petition had presented
substantial information indicating that the requested reclassification
may be warranted and initiated a status review. We opened a comment
period, which closed January 21, 2000, to allow all interested parties
to submit comments and information. A 12-month finding was never
completed.
Evaluation of Listable Entities
Under section 3(16) of the Act, we may consider for listing any
species, including subspecies, of fish, wildlife, or plants, or any DPS
of vertebrate fish or wildlife that interbreeds when mature (16 U.S.C.
1532(16)). Such entities are considered eligible for listing under the
Act (and, therefore referred to as listable entities) should we
determine that they meet the definition of an endangered or threatened
species. In this case, the petitioners have requested that the
straight-horned markhor in the Torghar Hills of Pakistan be considered
a DPS and reclassified from endangered to threatened under the Act.
Distinct Vertebrate Population Segment
Under the Service's ``Policy Regarding the Recognition of Distinct
Vertebrate Population Segments Under the Endangered Species Act'' (61
FR 4722, February 7, 1996), three elements are considered in the
decision concerning the establishment and classification of a possible
DPS. These elements, which are applied similarly for additions to,
reclassifications of status under, or removal from the Federal List of
Endangered and Threatened Wildlife, include:
(1) The discreteness of a population in relation to the remainder
of the species to which it belongs;
(2) The significance of the population segment to the species to
which it belongs; and
(3) The population segment's conservation status in relation to the
Act's standards for listing, delisting, or reclassification (i.e., is
the population segment endangered or threatened).
Discreteness
Under the DPS policy, a population segment of a vertebrate taxon
may be considered discrete if it satisfies either one of the following
conditions:
(1) It is markedly separated from other populations of the same
taxon as a consequence of physical, physiological, ecological, or
behavioral factors. Quantitative measures of genetic or morphological
discontinuity may provide evidence of this separation.
(2) It is delimited by international governmental boundaries within
which differences in control of exploitation, management of habitat,
conservation status, or regulatory mechanisms exist
[[Page 31905]]
that are significant in light of section 4(a)(1)(D) of the Act.
Desert mountain ranges of Balochistan Province are more or less
isolated from one another by intervening valley bottoms. The Torghar
Hills, within the Toba Kakar Range, are geographically isolated by
broad valleys (Frisina et al. 2002, p. 7). To the north and south, the
mountain area is bounded by the Kundar River Valley and Khaisor Valley,
respectively (Bellon 2008, p. 3). Furthermore, suitable markhor habitat
tends to be patchily distributed within mountain ranges. Within the
Torghar Hills, habitat to the north is less severe than that preferred
by markhor; to the south, habitat is also unsuitable as it is a broad,
relatively level valley and inhabited by humans (Frisina et al. 2002,
p. 7).
The degree to which disjunct populations of markhor interact is
unknown because dispersal capability is unknown. However, interaction
between populations is assumed to be limited because of the tendency of
markhor to restrict themselves to the steeper, cliff-like areas
(Frisina et al. 1998, p. 10). Although markhor could potentially move
into and out of the Torghar Hills, intermountain movement probably
rarely occurs due to the lack of suitable habitat (Frisina et al. 2002,
p. 7) and the presence of people and domestic livestock in intervening
valley bottoms.
In summary, the petition and other documents in our files present
substantial information indicating that the Torghar Hills population of
the straight-horned markhor in Pakistan may meet at least one of the
criteria for discreteness under the DPS policy based on marked physical
separateness.
Significance
Under our DPS Policy, in addition to our consideration that a
population segment is discrete, we consider its biological and
ecological significance to the taxon to which it belongs. This
consideration may include, but is not limited to: (1) Evidence of the
persistence of the discrete population segment in an ecological setting
that is unique or unusual for the taxon; (2) evidence that loss of the
population segment would result in a significant gap in the range of
the taxon; (3) evidence that the population segment represents the only
surviving natural occurrence of a taxon that may be more abundant
elsewhere as an introduced population outside its historical range; and
(4) evidence that the discrete population segment differs markedly from
other populations of the species in its genetic characteristics (61 FR
4721; February 7, 1996).
The Torghar Hills population of straight-horned markhor is
protected by a private conservation program, the Torghar Conservation
Project (TCP). In 1986, the TCP was instituted and run informally by
the local Tribal ruling family. The goals of the TCP were to conserve
local populations of the Suleiman markhor and the Afghan urial (Ovis
orientalis cycloceros) and improve the economic condition of local
tribesmen. To accomplish this, the local tribesmen refrain from hunting
in exchange for employment as salaried game guards to prevent poaching
in the Torghar Hills and assist in wildlife surveys. Game guard
salaries and other costs of the TCP are covered by fees paid by foreign
hunters to hunt a small, controlled number of markhor and urial for
trophy (Johnson 1997, pp. 1-3; Ahmed et al. 2001, p. 5). In 1994, an
officially registered nongovernmental organization, the Society for
Torghar Environmental Protection (STEP), was formed to administer the
TCP.
Since the TCP was instituted in 1986, the markhor population in the
Torghar Hills has been growing steadily from the brink of extinction to
a thriving population and is considered ``viable'' for both population
and genetic processes (Johnson 1997, pp. 14-15; Frisina et al. 2002, p.
1). The most likely cause of this population growth is the virtually-
complete cessation of poaching in the Torghar area accomplished by the
TCP (Johnson 1997, pp. 3, 15). Based on the substantial population
growth, researchers have concluded that the markhor have responded well
to the management and protection provided by the TCP and the program
has been a successful tool in conserving the markhor of the Torghar
Hills (Johnson 1997, p. 16; Frisina et al. 1998, p. 6). This population
now represents the highest concentration of markhor in the world
(Bellon 2008, pp. 1, 45) and may represent one of the last remaining
strongholds for the subspecies (Johnson 1997, p. 16).
In summary, information in the petition and our files may support
the significance of a DPS in the Torghar Hills of Pakistan because the
loss of this DPS would result in the loss of, perhaps, the most
important population for the subspecies' survival, resulting in a
significant gap in the range of the subspecies.
Evaluation of Information for This Finding
As stated above, the markhor was originally listed as endangered
under the Act due to declining numbers and concern over the species'
high commercial importance. The outbreak of the Afghanistan war in the
late 1970s made weapons and cheap ammunition more readily available and
hunters killed females and young indiscriminately (Ahmed et al. 2001,
p. 4). In the early 1980s the markhor population in the Torghar Hills
was thought to be at very low levels, perhaps fewer than 100
individuals.
The petitioners assert that since the TCP was established and
poaching essentially eliminated (Woodford et al. 2004, p. 181), the
population of markhor in the Torghar Hills has increased. In 1994,
Johnson (1997, p. 12) estimated the Torghar Hills population of markhor
to be 695. Later surveys estimated the population to be 1,298 in 1997;
1,684 in 1999; 2,541 in 2005; and 3,158 in 2008 (Frisina et al. 1998,
p. 6; Arshad and Khan 2009, p. 9).
In general, markhor are threatened with fragmentation and loss of
habitat, competition with domestic livestock, and illegal hunting
(CITES 2007, unpaginated). The petitioners assert that the habitat
within the core protected area of the TCP is not threatened by grazing
of domestic sheep and goats or otherwise at risk of being destroyed,
modified, or curtailed. The petitioners also assert that the local
people are aware of the potential problems with having excess livestock
and are interested in formulating and implementing range management
plans (Woodford et al. 2004, p. 184). In addition, to improve the
health of local domestic livestock, and thereby minimize the risk of
disease transfer to the markhor, a community-based Animal Health
Service for the domestic livestock within the TCP area has been
formulated. Under this plan, a small number of tribesman will be
trained as ``barefoot vets'' and provide vaccines and anti-parasitic
medications to the domestic livestock (Woodford et al. 2004, p. 185).
The petitioners further assert that the laws of Pakistan,
regulations on hunting imposed by the TCP, and the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES) quota and nondetriment determination are more than adequate to
protect the straight-horned markhor. Lastly, the petitioners assert
that the listing as an endangered species under the Act prevents
hunters from bringing hunting trophies home to the United States,
creates a disincentive for American hunters to participate in the TCP,
and reduces the number of hunts and keeps the price of hunting permits
artificially low.
[[Page 31906]]
Finding
On the basis of information provided in the petition we find that
the petition presents substantial scientific or commercial information
indicating that reclassifying the Torghar Hills population of the
straight-horned markhor may be warranted. Therefore, we will initiate a
status review to determine if reclassifying the Torghar Hills
population of the straight-horned markhor is warranted. To ensure that
the status review is comprehensive, we are soliciting scientific and
commercial information regarding this subspecies (see Information
Solicited).
It is important to note that 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 review of the status of the species, which is
conducted following a substantial 90-day finding. Because the Act's
standards for 90-day and 12-month findings are different, as described
above, a substantial 90-day finding does not mean that the 12-month
finding will result in a warranted finding.
References Cited
A complete list of references cited is available on the Internet at
http://www.regulations.gov at Docket No. FWS-R9-ES-2011-0003 and upon
request from the Branch of Foreign Species (see FOR FURTHER INFORMATION
CONTACT.)
Author
The primary authors of this notice are the staff members of the
Branch of Foreign Species (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: April 15, 2011.
Rowan W. Gould,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-13671 Filed 6-1-11; 8:45 am]
BILLING CODE 4310-55-P