[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Proposed Rules]
[Pages 16828-16829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06214]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2013-0054; 4500030113]
Endangered and Threatened Wildlife and Plants; Status Review of
the West Coast Distinct Population Segment of the Fisher as Endangered
or Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of initiation of status review.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
opening of an information gathering period regarding the status of the
fisher (Martes pennanti) throughout the range of its West Coast
distinct population segment (DPS) in the United States. The status
review will include analysis of whether the West Coast DPS of the
fisher warrants listing as endangered or threatened under the
Endangered Species Act of 1973, as amended (Act). We encourage
interested parties to provide us information regarding the status of,
and any potential threats to, the West Coast DPS of the fisher.
DATES: We will consider information received or postmarked on or before
May 3, 2013. Information submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES section, below) must be received by
11:59 p.m. Eastern Time on the closing date.
ADDRESSES: You may submit information by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Search for FWS-R8-ES-2013-0054, which is the
docket number for this rulemaking.
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R8-ES-2013-0054; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
We request that you send information only by the methods described
above. We will post all submitted information on http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Request for Information
section below for more information).
FOR FURTHER INFORMATION CONTACT: Erin Williams, Field Supervisor, or
Nadine Kanim, at the Yreka Fish and Wildlife Office, 1829 S. Oregon
St., Yreka, CA 96097; by telephone (530) 842-5763; or by facsimile
(530) 842-4517. Persons who use a telecommunications device for the
deaf (TDD) may call the Federal Information Relay Service (FIRS) at
(800) 877-8339.
SUPPLEMENTARY INFORMATION:
Request for Information
This document solicits biological, economic, or other data on the
status of, and potential threats to, the West Coast DPS of the fisher,
a medium sized mammal of the mustelid family. This information, along
with other sources of data, will be used to determine if the West Coast
DPS of the fisher warrants listing as endangered or threatened under
the Act (16 U.S.C. 1531 et seq). We request any new information
concerning the status of the West Coast DPS of the fisher. Information
already submitted since 2004 (see species assessment: http://ecos.fws.gov/docs/candidate/assessments/2013/r8/A0HS_V01.pdf ) will be
considered and need not be resubmitted. We will base our status review
on the best scientific and commercial information available, including
all information received as a result of this document. We are
soliciting information and supporting data through this 45-day period
to gain additional information and specifically seek information on the
following:
(1) Information regarding the species' historical and current
population status, distribution, abundance, and trends; biology and
ecology; and habitat selection.
(2) Information on the effects of potential threat factors that are
the basis for a species' listing determination under section 4 (a) of
the Act (16 U.S.C. 1533(a)), which are:
(a) The present or threatened destruction, modification, or
[[Page 16829]]
curtailment of the species' habitat or range;
(b) Overutilization for commercial, recreational, scientific, or
educational purposes;
(c) Disease or predation;
(d) Inadequacy of existing regulatory mechanisms; and
(e) Other natural or manmade factors affecting its continued
existence.
(3) Scientific and commercial data to assist in development of any
proposed critical habitat designation that we may make, including:
(a) Habitat selection and use, and any changes or trends in the
amount and distribution of habitat for the West Coast DPS of the
fisher;
(b) Habitat requirements for feeding, breeding, and sheltering,
including particular physical or biological features that are essential
to the conservation of the species and where such physical or
biological features are found;
(c) Whether any of these features may require special management
considerations or protection;
(d) What areas that are currently occupied and contain the physical
or biological features essential to the conservation of the species
should be included in the critical habitat designation and why;
(e) What areas not currently occupied at the time of listing are
essential for the conservation of the species and why;
(f) The possible benefits and impacts (including economic impacts)
of a possible critical habitat designation for the West Coast DPS of
the fisher; and
(g) Whether the designation of critical habitat for the West Coast
DPS of the fisher would be beneficial to the conservation of the
species or whether the identification of specific areas as critical
habitat may increase threats to the species or its habitat.
(4) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to this species and regulations that may
be addressing those threats.
(5) Any information on the biological or ecological requirements of
the species and ongoing conservation measures for the species and its
habitat.
(6) Information on land use designations and current or planned
activities in the areas occupied by the West Coast DPS of the fisher or
areas that may be important for their conservation, and possible
impacts of these activities on this species and these areas.
(7) Information on the projected and reasonably likely impacts of
climate change on the West Coast DPS of the fisher population and its
habitat.
(8) Information on any foreseeable economic, national security, or
other relevant impacts that may result if we designate any area as
critical habitat. We are particularly interested in any potential
impacts on small entities, and the benefits of including or excluding
areas from any possible future proposed designation that are subject to
these impacts.
Please support submissions with documentation such as maps,
bibliographic references, methods used to gather and analyze the data,
or copies of pertinent publications, reports, or letters by
knowledgeable sources. We request data from systematic surveys, studies
or analysis of data regarding population size or trends, biology or
ecology of the species, effects of current land management on
population distribution and abundance, current condition of habitat,
and conservation measures that have been implemented to benefit the
species. We also request information on the current distribution of
populations and threats to the species in relation to the five listing
factors (as defined in section 4(a)(1) of the Act).
Comments merely stating support for or opposition to a particular
action without providing supporting data may not meet the standard of
information required by section 4(b)(1)(A) of the Act, which directs
that determinations as to whether any species is a 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 either a not-warranted finding or proposed
rules for listing and critical habitat, as provided in section
4(b)(3)(B) of the Act.
You may submit your comments and materials concerning this status
review by one of the methods listed in ADDRESSES.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that we will post your entire comment--including your personal
identifying information--on http://www.regulations.gov. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Comments and materials we receive, as well as supporting
documentation we use in preparing this document, will be available for
public inspection on http://www.regulations.gov, or by appointment,
during normal business hours, at the Yreka Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
Background
This status review is being initiated as part of a multidistrict
litigation settlement agreement under which the Service agreed to
submit a proposed rule or a not-warranted finding to the Federal
Register for the West Coast DPS of the fisher no later than the end of
Fiscal Year 2014 (In re Endangered Species Act Section 4 Deadline
Litigation, Misc. Action No. 10-377 (EGS), MDL Docket No. 2165
(D.D.C.). The settlement agreement also provides that if we pursue
listing of the West coast DPS of the fisher, we concurrently designate
critical habitat for that DPS.
On April 8, 2004, we published a 12-month finding in the Federal
Register stating that listing the fisher under the Act is warranted but
precluded by other higher priority actions (69 FR 18770). We have
annually reviewed this finding and monitored the status of the fisher,
as required under 16 U.S.C. 1533(b)(3)(C)(i) and (iii), as reflected in
the annual Candidate Notices of Review (CNORs). See the November 21,
2012, Federal Register (77 FR 69994) for the most recent CNOR. The
Center for Biological Diversity challenged our expeditious progress in
making a listing determination for the fisher (Center for Biological
Diversity, et al. v. Salazar, et al., No. 3:10-cv-01501-JCS, N.D.
Cal.); this challenge was resolved by a joint stipulation of dismissal
based on the settlement of the multidistrict litigation referenced
above. For additional information on the West Coast DPS of the fisher,
please see our April 8, 2004, notice of 12-month finding (69 FR 18770);
the November 21, 2012, CNOR (77 FR 69994); or the species profile page
at: http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=A0HS.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: March 5, 2013.
Rowan W. Gould,
Deputy Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-06214 Filed 3-18-13; 8:45 am]
BILLING CODE 4310-55-P