[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Proposed Rules]
[Pages 41022-41024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16111]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2012-0071; 4500030113]
RIN 1018-AY21
Endangered and Threatened Wildlife and Plants; 6-Month Extension
of Final Determination for the Proposed Listing of the Lesser Prairie-
Chicken as a Threatened Species
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), announce a
6-month extension of the final determination of whether to list the
lesser prairie-chicken (Tympanuchus pallidicinctus) as a threatened
species and reopen the comment period on the proposed rule to list the
species. We are taking this action based on our finding that there is
substantial disagreement regarding the sufficiency or accuracy of the
available data relevant to our determination regarding the proposed
listing rule, making it necessary to solicit additional information by
reopening the comment period for 30 days.
DATES: The comment period end date is August 8, 2013. If you comment
using the Federal eRulemaking Portal (see ADDRESSES), you must submit
your comment by 11:59 p.m. Eastern Time on the closing date.
ADDRESSES: You may submit written comments by one of the following
methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R2-ES-2012-0071,
which is the docket number for the proposed rule to list the lesser
prairie-chicken as threatened. Then, in the Search panel on the left
side of the screen, under the Document Type heading, check on the
Proposed Rules link to located the proposed rule. You may submit a
comment by clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R2-ES-2012-0071; 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 comments only by the methods described
above. We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: Jontie Aldrich, Acting Field
Supervisor, Oklahoma Ecological Services Field Office, 9014 East 21st
Street, Tulsa, OK 74129; by telephone 918-581-7458; or by facsimile
918-581-7467. 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
On December 11, 2012, we published in the Federal Register a
proposed rule (77 FR 73828) to list the lesser prairie-chicken
(Tympanuchus pallidicinctus), a grassland bird known from southeastern
Colorado, western Kansas, eastern New Mexico, western Oklahoma, and the
Texas Panhandle, as a threatened species under the Endangered Species
Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.).
[[Page 41023]]
For a description of previous Federal actions concerning the lesser
prairie-chicken, please refer to the proposed rule. The proposed
listing rule had a 90-day comment period, ending March 11, 2013. We
held a public meeting and hearing in Woodward, Oklahoma, on February 5,
2013; in Garden City, Kansas, on February 7, 2013; in Lubbock, Texas,
on February 11, 2013; and in Roswell, New Mexico, on February 12, 2013.
On May 6, 2013, we reopened the comment period on the proposed listing
rule and proposed a special rule under the authority of section 4(d) of
the Act that provides measures that are necessary and advisable to
provide for the conservation of the lesser prairie-chicken (78 FR
26302). The reopening of the comment period closed June 20, 2013.
Section 4(b)(6) of the Act and its implementing regulation, 50
C.F.R. 424.17(a), requires that we take one of three actions within 1
year of a proposed listing: (1) Finalize the proposed listing; (2)
withdraw the proposed listing; or (3) extend the final determination by
not more than 6 months, if there is substantial disagreement among
scientists knowledgeable about the species regarding the sufficiency or
accuracy of the available data relevant to the determination, for the
purposes of soliciting additional data.
During the public comment periods, we received multiple comments on
the proposed listing and the sufficiency or accuracy of the available
data used to support the proposed listing. In particular, commenters
raised questions regarding:
(1) The interpretation of scientific literature in the proposed
rulemaking and scientific literature that we may have overlooked in our
analysis. Specifically, commenters were concerned with the
appropriateness of our interpretation of habitat fragmentation,
grassland conversion, and collision mortality.
(2) Whether the Service considered the effectiveness of
conservation practices of the oil and gas industry, and of agricultural
practices, including grazing management, brush management, and water
development, in relation to reducing threats. In particular, the U.S.
Department of Agriculture provided a letter that questioned the
adequacy of our evaluation of conservation measures associated with
agricultural practices.
(3) The accuracy of short-term and long-term population trends of
the lesser prairie-chicken, particularly as it relates to climate
change. Specifically, commenters recommended a more thorough analysis
of the U.S. Geological Survey's Great Plains modeling effort.
As a result of the public comments we have received, we find that
there is substantial disagreement regarding the sufficiency or accuracy
of the available data that is relevant to our determination of the
proposed listing. Therefore, in consideration of these disagreements,
we have determined that a 6-month extension of final determination of
this rulemaking is warranted, and we are hereby extending the final
determination for up to 6 months in order to solicit information that
will help to clarify these issues and to fully analyze this
information.
As noted in the proposed listing rule (77 FR 73828), we were
previously required by the terms of judicially approved settlement
agreement to make a final determination on the lesser prairie-chicken
proposed listing rule no later than September 30, 2013. Therefore, with
this 6-month extension, we will make a final determination on the
proposed rule no later than March 30, 2014.
Public Comments
We will accept written comments and information during this
reopened comment period on our proposed listing for the lesser prairie-
chicken that was published in the Federal Register on December 11, 2012
(77 FR 73828), and on our proposed 4(d) special rule for the species
that was published in the Federal Register on May 6, 2013 (78 FR
26302). We will consider information and recommendations from all
interested parties. We intend that any final action resulting from the
proposals be as accurate as possible and based on the best available
scientific and commercial data.
In consideration of the disagreements surrounding the data used to
support the proposed rulemaking, we are extending the final
determination for 6 months in order to solicit information that will
help to clarify these issues. We are particularly interested in new
information and comments regarding:
(1) The historical and current status and distribution of the
lesser prairie-chicken, its biology and ecology, specific threats (or
lack thereof) and regulations that may be addressing those threats, and
ongoing conservation measures for the species and its habitat.
(2) Information relevant to the factors that are the basis for
making a listing determination for a species under section 4(a) of the
Act, which are:
(a) The present or threatened destruction, modification, or
curtailment of the species' 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) Application of the Lesser Prairie-Chicken Interstate Working
Group's draft rangewide conservation plan to our determination of
status under section 4(a)(1) of the Act; we particularly request
comments or information to help us assess the certainty that the
rangewide conservation plan will be effective in conserving the lesser
prairie-chicken and will be implemented.
(4) Which areas would be appropriate as critical habitat for the
species and why areas should or should not be proposed for designation
as critical habitat, including whether any threats to the species from
human activity would be expected to increase due to the designation and
whether that increase in threat would outweigh the benefit of
designation such that the designation of critical habitat may not be
prudent.
(5) Specific information on:
(a) The amount and distribution of habitat for the lesser prairie-
chicken;
(b) What may constitute ``physical or biological features essential
to the conservation of the species,'' within the geographical range
currently occupied by the species;
(c) Where these features are currently found;
(d) Whether any of these features may require special management
considerations or protection;
(e) 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; and
(f) What areas not occupied at the time of listing are essential
for the conservation of the species and why.
(6) Information on the projected and reasonably likely impacts of
climate change on the lesser prairie-chicken and its habitat.
(7) Whether measures outlined in the proposed 4(d) special rule are
necessary and advisable for the conservation and management of the
lesser prairie-chicken.
(8) Additional provisions the Service may wish to consider for the
proposed 4(d) special rule in order to conserve, recover, and manage
the lesser prairie-chicken.
[[Page 41024]]
If you previously submitted comments or information on the proposed
listing rule or proposed special 4(d) rule, please do not resubmit
them. We have incorporated them into the public record, and we will
fully consider them in the preparation of our final determination. Our
final determination concerning this proposed listing will take into
consideration all written comments and any additional information we
receive.
You may submit your comments and materials concerning the proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit a comment via http://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
on the Web site. We will post all hardcopy comments on http://www.regulations.gov as well. If you submit a hardcopy comment that
includes personal identifying information, 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 proposed rule, will be available
for public inspection on http://www.regulations.gov at Docket No. FWS-
R2-ES-2012-0071, or by appointment, during normal business hours, at
the U.S. Fish and Wildlife Service, Oklahoma Ecological Services Field
Office (see FOR FURTHER INFORMATION CONTACT). You may obtain copies of
the proposed rule on the Internet at http://www.regulations.gov at
Docket No. FWS-R2-ES-2012-0071, or by mail from the Oklahoma Ecological
Services Field 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: June 26, 2013.
Stephen Guertin,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2013-16111 Filed 7-8-13; 8:45 am]
BILLING CODE 4310-55-P