[Federal Register: November 29, 2001 (Volume 66, Number 230)]
[Proposed Rules]               
[Page 59550-59552]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AI18

Endangered and Threatened Wildlife and Plants; Proposed Rule To 
List the Carson Wandering Skipper as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
make permanent the provisions of the emergency rule listing the Carson 
wandering skipper (Pseudocopaeodes eunus obscurus) in California and 
Nevada as an endangered species under the Endangered Species Act of 
1973, as amended (Act). The emergency rule listing the population is 
published concurrently in this issue of the Federal Register.
    The Carson wandering skipper is currently known from only two 
populations, one in Washoe County, Nevada, and the other in Lassen 
County, California. This subspecies is threatened by a variety of 
factors including habitat destruction, degradation, and fragmentation 
due to agricultural practices (such as excessive livestock grazing and 
wetland habitat modification), urban development, and non-native plant 
invasion. Other threats include impacts from collecting, livestock 
trampling, approved and proposed water exportation projects, road 
construction, recreation, pesticide drift, and inadequate regulatory 
mechanisms. Extinction could also occur by naturally occurring events 
due to the small, isolated nature of the remaining populations. We find 
these threats constitute immediate and significant risk to the species.
    We solicit additional data and information that may assist us in 
making a final decision on this proposed action. This proposal, if made 
final, would extend the Federal protection and recovery provisions of 
the Act to this subspecies.

DATES: We will accept comments until the close of business on January 
28, 2002. Public hearing requests must be received by January 14, 2002.

ADDRESSES: Comment submission: If you wish to comment, you may submit 
your comments and materials by any one of several methods:
    (1) You may submit written comments and information to the Field 
Supervisor, Nevada Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, 1340 Financial Boulevard, Suite 234, Reno, Nevada 89502.
    (2) You may hand-deliver written comments to our Nevada Fish and 
Wildlife Office at the address given above.
    (3) You may send comments by electronic mail (e-mail) to: 
fw1renoskipper@r1.fws.gov. See the Public Comments Solicited section 
below for file format and other information on electronic filing.

FOR FURTHER INFORMATION CONTACT: Robert D. Williams, Field Supervisor, 
Nevada Fish and Wildlife Office (see ADDRESSES section) (telephone 775/

[[Page 59551]]

6300; facsimile 775/861-6301), or Wayne White, Field Supervisor, 
Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-2605, 
Sacramento, California 95825-1846 (telephone 916/414-6000; facsimile 



    For a discussion of biological background information, previous 
Federal action, factors affecting the species, critical habitat, and 
conservation measures available to listed and proposed species, consult 
the emergency rule on the Carson wandering skipper published 
concurrently in this issue of the Federal Register.

Public Comments Solicited

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, we are 
soliciting comments or suggestions from the public, other concerned 
governmental agencies, the scientific community, industry, or any other 
interested party concerning this proposed rule. We are particularly 
seeking comments concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threat (or lack thereof) to the Carson wandering skipper;
    (2) The location of any additional populations of this species, and 
the reasons why any habitat should or should not be determined to be 
critical habitat pursuant to section 4 of the Act;
    (3) Additional information concerning the range, distribution, and 
population size of this species; and
    (4) Current or planned activities or land use practices in the 
subject area and their possible impacts on this species.
    If you submit comments by e-mail, please submit them as an ASCII 
file and avoid the use of special characters and any form of 
encryption. Please also include ``Attn: [RIN-AI18]'' and your name and 
return address in your e-mail message. If you do not receive a 
confirmation from the system that we have received your e-mail message, 
contact us directly by calling our Nevada Fish and Wildlife Office at 
telephone number 775/861-6300.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking record, which we will honor to 
the extent allowable by law. There also may be circumstances in which 
we would withhold from the rulemaking record a respondent's identity, 
as allowable by law. If you wish us to withhold your name and/or 
address, you must state this prominently at the beginning of your 
comment. However, we will not consider anonymous comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
    In making any final decision on this proposal, we will take into 
consideration the comments and any additional information we receive, 
and such communications may lead to a final regulation that differs 
from this proposal.

Public Hearings

    The Act requires that we hold one or more public hearings on this 
proposal, if requested within 45 days of the date of publication of a 
proposed rule. Such requests must be made in writing and be addressed 
to the Field Supervisor, Nevada Fish and Wildlife Office (see ADDRESSES 
section). Should a public hearing be requested, then we will announce 
the date, time, and place for the hearing in the Federal Register, 
through legal notices in area newspapers, and in news releases to the 

Peer Review

    In accordance with our policy published on July 1, 1994 (59 FR 
34270), we will seek the expert opinions of at least three appropriate 
and independent specialists regarding this proposed rule. The purpose 
of this review is to ensure listing decisions are based on 
scientifically sound data, assumptions, and analyses. We will send the 
peer reviewers copies of this proposed rule, as well as the emergency 
rule, immediately following publication in the Federal Register. We 
will invite them to comment, during the public comment period, on 
specific assumptions and conclusions regarding the proposed rule to 
list the Carson wandering skipper.

National Environmental Policy Act

    We have determined that an environmental assessment and 
environmental impact statement, as defined under the authority of the 
National Environmental Policy Act of 1969, need not be prepared in 
connection with regulations adopted pursuant to section 4(a) of the 
Act. We published a notice outlining our reasons for this determination 
in the Federal Register on October 25, 1983 (48 FR 49244).

Executive Order 12866

    Executive Order 12866 requires agencies to write regulations that 
are easy to understand. We invite your comments on how to make this 
proposal easier to understand including answers to questions such as 
the following: (1) Is the discussion in the Supplementary Information 
section of the preamble helpful in understanding the proposal? (2) Does 
the proposal contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the proposal (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? What else could we do to make the proposal easier to 

Paperwork Reduction Act

    This rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act. This rule 
will not impose record keeping or reporting requirements on State or 
local governments, individuals, businesses, or organizations. An agency 
may not conduct or sponsor and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number. The existing OMB control number is 1018-0093 and 
expires 3/31/2004.

Executive Order 13211

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires Federal agencies to prepare 
Statements of Energy Effects when undertaking certain actions. This 
rule is not expected to significantly affect energy supplies, 
distribution, or use. Therefore, this action is not a significant 
action, and no Statement of Energy Effects is required.


    The primary author of this proposed rule is Marcy Haworth, U.S. 
Fish and Wildlife Service, Nevada Fish and Wildlife Office (see 
ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

[[Page 59552]]

Proposed Regulation Promulgation

    For the reasons given in the preamble to the emergency rule listing 
the Carson wandering skipper as endangered, published concurrently in 
this issue of the Federal Register, we hereby propose to amend part 17, 
subchapter B of chapter I, title 50 of the Code of Federal Regulations 
as set forth below:


    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

    2. Amend section 17.11(h), by adding the following, in alphabetical 
order under INSECTS, to the List of Endangered and Threatened Wildlife:

Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

                        Species                                                    Vertebrate
--------------------------------------------------------                        population where                                  Critical     Special
                                                            Historic range       endangered or         Status      When listed    habitat       rules
           Common name                Scientific name                              threatened

                   *                  *                  *                  *                  *                  *                  *
Skipper, Carson wandering........  Pseudocopaeodes       U.S.A. (CA, NV)....  U.S.A., (Lassen      E                       716           NA           NA
                                    eunus obscurus.                            County, CA; Washoe
                                                                               County, NV).

                   *                  *                  *                  *                  *                  *                  *

    Dated: November 21, 2001.
Marshall P. Jones, Jr.,
Acting Director, Fish and Wildlife Service.
[FR Doc. 01-29613 Filed 11-28-01; 8:45 am]