[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Proposed Rules]
[Pages 65248-65249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25849]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R6-ES-2012-0107; 4500030113]
RIN 1018-AY26
Endangered and Threatened Wildlife and Plants; Threatened Status
for the Distinct Population Segment of the North American Wolverine in
the Contiguous United States
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), are
reopening the public comment period on the proposed rule to list the
distinct population segment (DPS) of the North American wolverine (Gulo
gulo luscus) in the contiguous United States as threatened under the
Endangered Species Act of 1973, as amended. The proposed rule was
published in the Federal Register on February 4, 2013. We are reopening
the comment period to allow the public an additional opportunity to
review and comment on the proposed rule, as well as the peer review and
public comments that were submitted during the first comment period.
Comments already submitted need not be resubmitted, as they will be
fully considered in preparation of the final rule, which we intend to
issue by February 4, 2014, as required by the Endangered Species Act.
DATES: We will accept public comments until December 2, 2013. Comments
submitted electronically using the Federal eRulemaking Portal (see
ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on that
date.
ADDRESSES: Document availability: You may obtain a copy of the proposed
rule on the Internet at http://www.regulations.gov at Docket No. FWS-
R6-ES-2012-0107 or at http://www.fws.gov/mountain-prairie/species/mammals/wolverine/. All comments received during the first comment
period, as well as supporting documentation we used in preparing the
proposed rule, can be found at http://www.regulations.gov in Docket No.
FWS-R6-ES-2012-0107. Comments and materials we receive during this
reopened comment period will also be available for public inspection on
http://www.regulations.gov, or by appointment, during normal business
hours, at the U.S. Fish and Wildlife Service, Montana Field Office (see
FOR FURTHER INFORMATION CONTACT).
Comment submission: You may submit 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-R6-ES-2012-0107,
which is the docket number for this rulemaking action. 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-R6-ES-2012-0107; 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 Information Requested section below for more details).
FOR FURTHER INFORMATION CONTACT: Jodi Bush, Field Office Supervisor,
U.S. Fish and Wildlife Service, Montana Field Office, 585 Shepard Way,
Helena, MT 59601; telephone 406-449-5225;
[[Page 65249]]
facsimile 406-449-5339. If you use a telecommunications device for the
deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-
877-8339.
SUPPLEMENTARY INFORMATION:
Background
On February 4, 2013, we published in the Federal Register a
proposed rule to list the distinct population segment of the North
American wolverine (78 FR 7864) under the Endangered Species Act of
1973, as amended (Act) (16 U.S.C. 1531 et seq.). The proposed rule had
a 90-day comment period, which ended May 6, 2013. During the comment
period, we received several comments from the public, States, and peer
reviewers that questioned our analysis of the best available scientific
information that we used in the proposed rule. Specifically, some of
the peer reviewers and States disagreed with our determination that
wolverines are dependent on persistent late spring snow.
Some commenters thought that wolverine distribution was not
restricted by access to snow dens and that wolverine distribution and
behavior was better explained by other hypotheses, such as the need for
cold places to cache food. They also disagreed with our interpretation
of the scientific information regarding the likely effects of climate
change on wolverines in the future. Our assessment of climate change
impacts on wolverines used wolverines' snow dependence and suitable
wolverine habitat and climate change models to predict future impacts
of climate change on wolverine habitat suitability. Some of the
commenters disagreed with this assessment and suggested that if the
model of wolverine habitat that we used was not scientifically
supported, then any analysis of climate change impacts to wolverines
based on that habitat model may be flawed. Other peer reviewers were
supportive of our interpretations of this information and provided
analyses to support their views.
We are reopening the comment period to seek additional public
comment on the proposed rule and on the issues outlined below. To
ensure the public has an adequate opportunity to review and comment on
the new information submitted to us on the proposed rule, we are
reopening the comment period until the date specified above in DATES.
We intend to issue a final determination on this rule by February 4,
2014.
The information provided by the peer-reviewers can be found at our
peer-review Web site at http://www.fws.gov/mountain-prairie/science/peer_review.cfm and also at the Federal eRulemaking Portal: http://www.regulations.gov. Individual comments may be read and specific
comments may be found using the Search box function at that Web site.
Information Requested
We will accept written comments and information during this
reopened comment period and will consider information and
recommendations from all interested parties. If you previously
submitted comments or information on the proposed 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.
We intend that any final action resulting from this proposal be based
on the best scientific and commercial data available and be as accurate
and as effective as possible.
We request comments or information from the public, other concerned
governmental agencies, Native American tribes, the scientific
community, industry, or any other interested parties concerning this
proposed rule. We particularly seek comments concerning:
(1) Whether wolverines are dependent on cold and snowy conditions
and habitat that closely approximates the area covered by snow until
late spring (May 15).
a. Whether wolverines are dependent on such habitats defined by
persistent spring snow for feeding, breeding, and sheltering.
b. Whether the projected impacts of climate change will result in
loss of habitat for wolverines.
(2) 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 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 regarding the threats we identified in the proposed
rule, or threats to the species that we may have overlooked in the
proposed rule. Threats we identified were:
a. Habitat loss due to climate change;
b. Regulated trapping of wolverines and trapping of wolverines
incidental to trapping for other species; and
c. Inbreeding and related genetic and demographic effects of small
and isolated populations.
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. Please
note that submissions 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 a threatened or endangered species must be made ``solely
on the basis of the best scientific and commercial data available.''
You may submit your comments and materials concerning this proposed
rule by one of the methods listed above in ADDRESSES. We request that
you send comments only by the methods described in ADDRESSES.
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 your submission is made via a hardcopy
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. We
will post all hardcopy submissions on http://www.regulations.gov.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: October 23, 2013.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-25849 Filed 10-30-13; 8:45 am]
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