[Federal Register Volume 77, Number 10 (Tuesday, January 17, 2012)]
[Proposed Rules]
[Pages 2254-2256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-662]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2010-0024; 4500030114]
RIN 1018-AW89
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for Mississippi Gopher Frog
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Revised proposed rule; reopening of comment period and
announcement of public hearing.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the reopening
of the public comment period on our September 27, 2011, revised
proposed rule to designate critical habitat for the Mississippi gopher
frog (Rana sevosa) [=Rana capito sevosa] under the Endangered Species
Act of 1973, as amended (Act). We are reopening the comment period to
announce changes in methodology from the revised proposed rule and to
allow all interested parties another opportunity to comment on the
revised proposed rule. Comments previously submitted need not be
resubmitted and will be fully considered in preparation of the final
rule. We will also hold a public informational session and hearing (see
DATES and ADDRESSES sections).
DATES: Written Comments: We will consider comments received on or
before March 2, 2012. Comments must be received by 11:59 p.m. Eastern
Time on the closing date.
Public informational session and public hearing: We will hold a
public informational session from 6 p.m. to 7 p.m., followed by a
public hearing from 7 p.m. to 9 p.m., on January 31, 2012, in Gulfport,
Mississippi.
ADDRESSES: Written Comments: You may submit comments by one of the
following methods:
Federal eRulemaking Portal: http://www.regulations.gov. In
the box that reads ''Enter Keyword or ID,'' enter the Docket number for
this proposed rule, which is FWS-R4-ES-2010-0024. Then, click on the
search button. Please ensure that you have found the correct rulemaking
before submitting your comment.
U.S. mail or hand delivery: Public Comments Processing,
Attn: Docket No. FWS-R4-ES-2010-0024; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS
2042-PDM; Arlington, VA 22203.
Public Informational Session and Public Hearing
The public informational session and hearing will be held at
Gulfport High School (auditorium), 100 Perry Street, Gulfport,
Mississippi 39507.
People needing reasonable accommodations in order to attend and
participate in the public hearing should contact Stephen Ricks,
Mississippi Ecological Services Field Office, at (601) 321-1122, as
soon as possible (see FOR FURTHER INFORMATION CONTACT). In order to
allow sufficient time to process requests, please call no later than
one week before the hearing date (see DATES).
FOR FURTHER INFORMATION CONTACT: Stephen Ricks, Field Supervisor, U.S.
Fish and Wildlife Service, Mississippi Ecological Services Field
Office, 6578 Dogwood View Parkway, Jackson, MS 39213; by telephone
(601) 321-1122; facsimile (505) 346-2542. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
Background
It is our intent to discuss only those topics directly relevant to
the revised proposed rule to designate critical habitat for the
Mississippi gopher frog in this document.
On September 27, 2011, we published a revised proposed rule (76 FR
59774) to designate critical habitat for the Mississippi gopher frog,
and announced the availability of the draft economic analysis (DEA) for
the revised proposed critical habitat designation. For a description of
previous Federal actions concerning the Mississippi gopher frog, please
refer to the revised proposed rule. In response to comments we received
during the public comment period that opened on September 27, 2011 and
closed on November 28, 2011, we have decided to allow the public more
time to submit comments and to hold an informational session and public
hearing (as described above), and to modify the revised proposed rule
as described below.
Changes From the Revised Proposed Rule
As the starting point for delineating Mississippi gopher frog
critical habitat in our revised proposed rule (76 FR 59774), we used
the median value of all data available to us on maximum distance
movements of gopher frogs between their breeding ponds and upland
habitats. However, in that revised proposed rule, we stated we used the
mean value instead of the median. Of the two peer reviewers that
commented during the comment period that closed on November 28, 2011,
on whether the median or the mean of the maximum movement distances is
most appropriate to use in the critical habitat delineation, one
reviewer preferred the median and the other preferred the mean.
Determining the optimum value to use in calculating the amount of
habitat necessary for Mississippi gopher frog conservation is
difficult, in part because the data were collected from different
States, in studies with different objectives, and in habitat of
differing quality. The maximum distance gopher frogs moved varied
considerably among studies. At the low end of the range is a value of
240 meters (m) (787 feet (ft)) from one Mississippi gopher frog study,
and at the upper end of the range is 3,500 m (11,483 ft) for a gopher
frog study in North Carolina.
At the suggestion of one peer reviewer, we amended our methodology
by combining all movement data from different studies conducted at the
same site (Richter et al. 2001 and Tupy and Pechmann 2011, combined;
Roznik 2007, Roznik and Johnson 2009a, and Roznik et al. 2009,
combined) and discarding one field observation (Carr 1940) that did not
provide specific data on breeding pond or upland habitat use. Based on
the peer review comments we received and our further review of
available data, we have determined the maximum movement distance values
to be those provided in the table below. We continue to believe that
the median, rather than the mean, is a more appropriate value to use in
the delineation of critical habitat due to the skewed distribution of
the data, and accordingly identified the median of the values in the
table.
Table 1. Movement of gopher frogs between wetland and upland
sites*. Distance data represent the maximum straight line distance
between the middle (except where noted) of a breeding pond and upland
burrow sites for each gopher frog study. The gopher
[[Page 2255]]
frog species in each study is Rana capito unless otherwise stated.
Median value of distances = 571 m (1,873 ft).
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Number
Distance Citation Frogs in
study
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1 299 m (981 ft)................. Richter et al. 2001 29
[Rana sevosa]; Tupy and
Pechmann 2011 [Rana
sevosa].
2 300 m (984 ft)................. Phillips 1995/Rostal 7
1999 [distance from
pond edge] **.
3 525 m (1,722 ft)............... Neufeldt and Birkhead 12
2001.
4 571 m (1,873 ft)............... Blihovde 2006........... 9
5 862 m (2,828 ft)............... Roznik 2007 43
*(observation); Roznik
and Johnson 2009a;
Roznik et al. 2009.
6 2,000 m (6,562 ft)............. Franz et al. 1988* 1
(observation)**
[distance from pond
edge].
7 3,500 m (11,483 ft)............ Humphries and Sisson 9
2010.
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* Telemetry data unless otherwise noted.
** Distance recorded from pond edge, rather than the middle of the pond.
As a result of the changes described above, we propose to amend the
value used in constructing the area of critical habitat around a
breeding pond from 600 m (1,969 ft) to 571 m (1,873 ft). As set forth
in the revised proposed rule, this value would be increased by 50 m
(164 ft) to provide a buffer to minimize the edge effects of the
surrounding land use. Therefore, we are providing notice to the public
that we are revising our proposed critical habitat delineation around
the ponds by using a radius of 621 m (2,037 ft), rather than the 650 m
(2,133 ft) used in our September 27, 2011, revised proposed rule (76 FR
59774). Given the limited amount of data available to us on the
movements of gopher frogs, we are requesting submission of any
additional data not already in our possession and are also requesting
comments on our revised methodology as described above. Because the
changes described above will result in very minor changes to the
mapping of the units, we have not revised the maps for this document.
However, the revised maps will be available for closer inspection at
the field office, on http://www.regulations.gov, and at the upcoming
public hearing.
If we finalize the rule using the methodology described above, we
would designate approximately 2,646 hectares (ha) (6,538 acres (ac)) as
critical habitat for the Mississippi gopher frog in 12 units, 3 of
which are divided into 2 subunits each. This would be a reduction of
193 ha (477 ac) from the September 27, 2011, revised proposed rule
(2,839 ha (7,015 ac)). The critical habitat would be located within St.
Tammany Parish, Louisiana, and Forrest, Harrison, Jackson, and Perry
Counties, Mississippi. The final decision on whether to designate the
critical habitat, as proposed, will be based on the best scientific
data available, including information obtained during the comment
period reopened by this document and at the upcoming public
informational session and public hearing (see DATES and ADDRESSES).
Public Comments
We will accept written comments and information during this
reopened comment period for the revised proposed rule to designate
critical habitat for the Mississippi gopher frog that was published in
the Federal Register on September 27, 2011 (76 FR 59774), as revised by
this document. We intend that any final action resulting from this
revised proposed rule will be based on the best scientific and
commercial data available and be as accurate and as effective as
possible. Therefore, we request comments or information from other
concerned government agencies, the scientific community, industry, or
other interested parties concerning this revised proposed rule. Verbal
testimony or written comments may also be presented during the public
hearing. We will consider information and recommendations from all
interested parties. We are particularly interested in comments
concerning:
(1) The reasons why we should or should not designate habitat as
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et
seq.), including whether there are threats to the species from human
activity, the degree of which can be expected to increase due to the
designation, and whether that increase in threat outweighs the benefit
of designation such that the designation of critical habitat may not be
prudent.
(2) Specific information on:
(a) The amount and distribution of Mississippi gopher frog habitat;
(b) What areas, that were occupied at the time of listing (or are
currently occupied) and that contain features essential to the
conservation of the species, should be included in the designation and
why;
(c) Special management considerations or protection that may be
needed in critical habitat areas we are proposing, including managing
for the potential effects of climate change; and
(d) What areas not occupied at the time of listing are essential
for the conservation of the species and why.
(3) Land-use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat.
(4) Information on the projected and reasonably likely impacts of
climate change on the Mississippi gopher frog and proposed critical
habitat.
(5) Any probable economic, national security, or other relevant
impacts of designating any area (especially Unit 1 in St. Tammany
Parish, Louisiana) that may be included in the final designation; in
particular, we seek information on any impacts on small entities or
families, and the benefits of including or excluding areas that exhibit
these impacts.
(6) Whether any specific areas we are proposing for critical
habitat designation should be considered for exclusion under section
4(b)(2) of the Act, and whether the benefits of potentially excluding
any specific area outweigh the benefits of including that area under
section 4(b)(2) of the Act.
(7) Whether we could improve or modify our approach to designation
of critical habitat in any way to provide for greater public
participation and understanding, or to better accommodate public
concerns and comments.
(8) The appropriateness of the taxonomic name change of the
Mississippi gopher frog from Rana capito sevosa to Rana sevosa.
(9) The appropriateness of the methodology used for delineating the
proposed critical habitat (including any
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data that might help further refine these areas).
If you previously submitted comments or information on the revised
proposed rule, please do not resubmit them. We will incorporate them
into the public record as part of this comment period, and we will
fully consider them in the preparation of our final determination. Our
final determination will take into consideration all written comments
and public testimony from the public hearing mentioned above.
You may submit your comments and materials concerning the revised
proposed rule by one of the methods 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, such as your street address, phone
number, or email address, 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.
Comments and materials we receive, as well as supporting
documentation we used in preparing the revised proposed rule, will be
available for public inspection on http://www.regulations.gov at Docket
No. FWS-R4-ES-2010-0024, or by appointment, during normal business
hours, at the U.S. Fish and Wildlife Service, Mississippi Ecological
Services Field Office (see FOR FURTHER INFORMATION CONTACT). You may
obtain copies of the revised proposed rule on the Internet at http://www.regulations.gov at Docket Number FWS-R4-ES-2010-0024, or by mail
from the Mississippi Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT section).
Author
The primary author of this notice is the Mississippi Ecological
Services Field Office, Region 4, U.S. Fish and Wildlife Service.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: January 9, 2012.
Eileen Sobeck,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-662 Filed 1-13-12; 8:45 am]
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