[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Proposed Rules]
[Pages 644-645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28408]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2018-0105; 4500030113]
RIN 1018-BD85
Endangered and Threatened Wildlife and Plants; Threatened Species
Status for the West Coast Distinct Population Segment of Fisher
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of the comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
reopening the comment period on our October 7, 2014, proposed rule to
list the West Coast distinct population segment (DPS) of fisher
(Pekania pennanti) as a threatened species. We are reopening the
comment period for 30 days to give all interested parties further
opportunity to comment on the proposed rule. Comments previously
submitted need not be resubmitted as they are already incorporated into
the public record and will be fully considered in the final rule.
DATES: The comment period for the proposed rule that published on
October 7, 2014, at 79 FR 60419 is reopened. Comments submitted
electronically using the Federal eRulemaking Portal (see ADDRESSES,
below) must be submitted by 11:59 p.m. Eastern Time March 4, 2019.
ADDRESSES: Availability of documents: The proposed rule is available on
http://www.regulations.gov in the original docket at Docket No. FWS-R8-
ES-2014-0041 and on our website at https://www.fws.gov/Yreka. Comments
and materials we received during the previous comment periods, as well
as supporting documentation we used in preparing the proposed rule, are
also available for public inspection in that docket at http://www.regulations.gov. In addition, all comments, materials, and
documentation that we considered regarding the proposed rule are
available for public inspection, by appointment, during normal business
hours, at the Yreka Fish and Wildlife Office, U.S. Fish and Wildlife
Service, 1829 South Oregon Street, Yreka, CA 96097; telephone 530-842-
5763; facsimile 530-842-4517. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Relay Service (FRS) at
1-800-877-8339.
Comment submission: You may submit written comments on the proposed
rule by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R8-ES-2018-0105,
which is the docket number for this new stage of the rulemaking action.
Then, click on the Search button. On the resulting page, in the Search
panel on the left side of the screen, under the Document Type heading,
check the Proposed Rule box to locate this document. 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: Docket No. FWS-R8-ES-2018-0105; U.S. Fish
and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA
22041-3803.
We request that you send comments only by the methods described
above. See Information Requested, below, for more information on
submitting comments on the proposed rule.
FOR FURTHER INFORMATION CONTACT: Jenny Ericson, Field Supervisor, U.S.
Fish and Wildlife Service, Yreka Fish and Wildlife Office, 1829 South
Oregon Street, Yreka, CA 96097; telephone 530-842-5763; facsimile 530-
842-4517. Persons who use TDD may call the FRS at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2014, we published in the Federal Register a proposed
rule (79 FR 60419) to list the West Coast DPS of fisher as a threatened
species under the
[[Page 645]]
Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et
seq.). On April 18, 2016, we published a document in the Federal
Register withdrawing the proposed rule to list the West Coast DPS of
fisher (81 FR 22710), concluding that the stressors acting upon the DPS
were not of sufficient imminence, intensity, or magnitude to indicate
that they were singly or cumulatively resulting in significant impacts
at either the population or rangewide scales.
On October 19, 2016, the Center for Biological Diversity,
Environmental Protection Information Center, Klamath-Siskiyou Wildlands
Center, and Sierra Forest Legacy filed a complaint for declaratory and
injunctive relief, alleging that our determination on the West Coast
DPS of fisher violated the Act. By Order Re: Summary Judgment issued on
September 21, 2018, the District Court for the Northern District of
California vacated the listing withdrawal and remanded the Service's
final determination for reconsideration. The Court's amended order
directs the Service to prepare a new determination by September 21,
2019.
Additional information on Federal actions concerning the West Coast
DPS of fisher prior to October 7, 2014, is outlined in the proposed
listing rule (79 FR 60419).
Information Requested
We will accept written comments and information during this
reopened comment period on our proposed listing for the West Coast DPS
of fisher that was published in the Federal Register on October 7, 2014
(79 FR 60419). We will consider information and recommendations from
all interested parties. We intend that any final action resulting from
the proposal be as accurate as possible and based on the best available
scientific and commercial data.
We are particularly interested in new information and comments
regarding:
(1) Information related to anticoagulant rodenticides and other
toxicants, including law enforcement information and trend data.
(2) Information regarding population trend studies or data for the
West Coast DPS of fisher, including information regarding areas that
have been surveyed compared to areas that have not been surveyed, as
well as all positive and negative survey results to help us assess
distribution and population trends.
(3) Information regarding the threat of wildfire, including studies
or information pertaining to current and future trends in wildfire
frequency and severity, as well as information pertaining to the
immediate response of fishers to post-fire landscapes in the West Coast
DPS of fisher.
(4) Information regarding any threats related to small population
size and isolation relevant to the West Coast DPS of fisher (e.g., low
reproductive capacity, inbreeding depression, demographic and
environmental stochasticity).
(5) Information regarding any effects of ongoing and widespread
tree mortality in the Sierra Nevada range on the West Coast DPS of
fisher.
(6) Information regarding any conservation efforts designed to
benefit the West Coast DPS of fisher that have been planned or
implemented since the October 7, 2014, proposed rule.
As indicated under SUMMARY, above, if you previously submitted
comments or information on the October 7, 2014, proposed rule, please
do not resubmit them. We have incorporated previously submitted
comments into the public record, and we will fully consider them in the
preparation of our final determination. Our final determination
concerning the proposed listing will take into consideration all
written comments and any additional information we receive, including
any new scientific and commercial information available since April 18,
2016 (81 FR 22710).
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 information via http://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. 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: December 7, 2018.
Margaret E. Everson,
Principal Deputy Director, U.S. Fish and Wildlife Service, Exercising
the Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-28408 Filed 1-30-19; 8:45 am]
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