[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Proposed Rules]
[Pages 14909-14910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07252]
[[Page 14909]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS-R8-ES-2018-0106 and FWS-R8-ES-2018-0107; 4500030113]
RINs 1018-BD87 and 1018-BD88
Endangered and Threatened Wildlife and Plants; Threatened Status
for the Bi-State Distinct Population Segment of Greater Sage-Grouse and
Designation of Critical Habitat
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment periods.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
reopening the comment period on our October 28, 2013, proposed rules to
list the Bi-State distinct population segment (DPS) of greater sage-
grouse (Centrocercus urophasianus) as threatened under the Endangered
Species Act (Act) and to designate critical habitat for that DPS. We
are reopening the proposed rules' comment periods for 60 days to give
all interested parties an additional opportunity to comment on the
proposed rules. Comments previously submitted need not be resubmitted
as they are already incorporated into the public record and will be
fully considered in the final rules. We will publish a final listing
determination for the DPS in the Federal Register on or before October
1, 2019.
DATES: The comment periods on the proposed rules that published October
28, 2013 (78 FR 64358 and 78 FR 64328), are reopened. We will accept
comments received or postmarked on or before June 11, 2019.
ADDRESSES: 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 either FWS-R8-ES-2018-
0106, which is the docket number for the proposed listing determination
and section 4(d) rule, or FWS-R8-ES-2018-0107, which is the docket
number for the proposed critical habitat designation. 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, click on the
Proposed Rules link 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-deliver to: Public
Comments Processing, Attn: [enter appropriate docket number: Docket No.
FWS-R8-ES-2018-0106 for the proposed listing determination and section
4(d) rule, or Docket No. FWS-R8-ES-2018-0107 for the proposed critical
habitat designation], 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. We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
FOR FURTHER INFORMATION CONTACT: Carolyn Swed, Field Supervisor, U.S.
Fish and Wildlife Service, Reno Fish and Wildlife Office, 1340
Financial Boulevard, Suite 234, Reno, NV 89502; telephone 775-861-6300.
Persons who use a telecommunications device for the deaf (TDD) may call
the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Please refer to the October 28, 2013, proposed listing rule (78 FR
64358) and the 2015 Species Report (Service 2015) for information about
taxonomy, habitat (sagebrush ecosystem), seasonal habitat selection,
life-history characteristics, home range, life expectancy and survival
rates, historical and current range distribution, population estimates
and lek (sage-grouse breeding complex) counts, population trends, and
land ownership information of the Bi-State DPS of greater sage-grouse.
Please also refer to our March 23, 2010, notice of 12-month petition
findings (75 FR 13910) for the greater sage-grouse for a detailed
evaluation of the Bi-State DPS under our DPS policy. For a detailed
summary of previous public comment periods for the proposed listing
with a section 4(d) rule and the proposed critical habitat designation
for the Bi-State DPS of greater sage-grouse, please see the Previous
Federal Actions section of our 2015 withdrawal of those proposed rules
(80 FR 22828; April 23, 2015).
On October 28, 2013, we published in the Federal Register (78 FR
64358) a proposed rule to list the Bi-State DPS of greater sage-grouse
in California and Nevada as a threatened species under the Act (16
U.S.C. 1531 et seq.), with a rule issued under section 4(d) of the Act.
On the same day, we published in the Federal Register (78 FR 64328) a
proposed rule to designate critical habitat for the Bi-State DPS of
greater sage-grouse. On April 23, 2015, we published in the Federal
Register (80 FR 22828) a withdrawal of the proposed rules to list the
Bi-State DPS as a threatened species with a section 4(d) rule and to
designate critical habitat for the DPS. This decision was based on our
conclusion that the threats to the DPS as identified in the proposed
listing rule were no longer as significant as believed at the time of
publication of the proposed listing rule, and that conservation plans
were ameliorating threats to the DPS. Thus, we concluded that the Bi-
State DPS did not meet the definition of an endangered or a threatened
species throughout all or a significant portion of its range.
On March 9, 2016, Desert Survivors, the Center for Biological
Diversity, WildEarth Guardians, and Western Watershed Project filed
suit in the U.S. District Court for the Northern District of
California. The suit challenged the withdrawal of the proposal to list
the Bi-State DPS. On May 5, 2018, the court issued a decision. As the
result of the court order, the April 23, 2015, withdrawal was vacated
and remanded to the Service for further consideration consistent with
the order.
The court's action returns the process to the proposed rule stage,
and the status of the Bi-State DPS has effectively reverted to that of
a proposed species for the purposes of consultation under section 7 of
the Act; it also reinstates the proposed 4(d) rule, as well as the
proposed critical habitat designation for the Bi-State DPS (78 FR
64328; October 28, 2013). Therefore, this document notifies the public
that we are reopening the comment periods on the October 28, 2013,
proposed rules to list the Bi-State DPS as threatened with a section
4(d) rule (78 FR 64358), and the proposed critical habitat designation
for the DPS (78 FR 65328). We also announce that we are initiating a
new status review of the Bi-State DPS, to determine whether it meets
the definition of an endangered or threatened species under the Act.
Any listing determination we make must be made based on the best
available information.
Information Requested
We will accept written comments and information during this
reopened comment period on our October 28, 2013, proposed rules to list
the Bi-State DPS as threatened with a section 4(d) rule (78 FR 64358),
and the proposed critical habitat designation for the DPS (78 FR
65328). We also request new information regarding the Bi-State DPS that
has become available since the
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publication of the proposed rules to inform the status review.
We will consider information and recommendations from all
interested parties. We are particularly interested in comments
concerning:
(1) The Bi-State DPS's biology, distribution, population size and
trend, including:
(a) Habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
and
(d) Historical and current population levels, and current and
projected trends.
(2) The factors that are the basis for making a listing
determination for a species under section 4(a) of the Act (16 U.S.C.
1533(a)(1)), 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) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to this Bi-State DPS and existing
regulations that may be addressing those threats.
(4) Information on current habitat conditions, including, but not
limited to, quality of upland and meadow or riparian sites, presence
and abundance of annual invasive grasses and weeds or other increasing
plants (e.g., conifer trees), and recovery of previously burned sites.
This information may include larger landscape-scale assessments or
smaller site-specific investigations.
(5) Application of the Bi-State Action Plan of March 15, 2012, to
our determination of status under section 4(a)(1) of the Act,
particularly comments or information to help us assess the certainty
that the plan will be effective in conserving the Bi-State DPS of
greater sage-grouse and will be implemented.
(6) Information concerning whether it would be appropriate to
include in the 4(d) rule a provision for take of the Bi-State DPS of
greater sage-grouse in accordance with applicable State law for
educational or scientific purposes, the enhancement of propagation or
survival of the DPS, zoological exhibition, and other conservation
purposes consistent with the Act.
(7) Whether the Service should include in the scope of the proposed
4(d) rule the incidental take of sage-grouse within the Bi-State DPS if
the take results from other agricultural activities not subject to the
Sage Grouse Initiative or the Bi-state Action Plan, if those activities
are compatible with the conservation of the Bi-State DPS.
(8) Past and ongoing conservation measures for the Bi-State DPS,
its habitat, or both.
(9) Any new or updated information relative to our 2013 proposed
designation of critical habitat for the Bi-State DPS.
If you submitted comments or information on the October 28, 2013,
proposed rule to list the Bi-State DPS as threatened with a section
4(d) rule (78 FR 64358), or on the October 28, 2013, proposed rule to
designate critical habitat for the DPS (78 FR 65328), during the
initial comment period or on any of the subsequent comment periods in
2013 and 2014, please do not resubmit them. Any such comments are
incorporated as part of the public record of the rulemaking proceeding,
and we will fully consider them in the preparation of our final
determinations.
Our final determinations will take into consideration all written
comments and any additional information we receive during all comment
periods. The final decisions may differ from the proposed rules, based
on our review of all information we receive during the rulemaking
proceeding. If we receive significant new scientific information, we
may need to reopen the public comment period so that the public can
comment on the new information.
You may submit your comments and materials concerning the proposed
rules 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
website. 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 will be available for public
inspection on http://www.regulations.gov under Docket No. FWS-R8-ES-
2018-0106 for the proposed listing determination and section 4(d) rule,
and Docket No. FWS-R8-ES-2018-0107 for the proposed critical habitat
designation. Supporting documentation we used in preparing the proposed
rules is available for public inspection on http://www.regulations.gov
under Docket No. FWS-R8-ES-2013-0072 for the proposed listing
determination and section 4(d) rule, or Docket No. FWS-R8-ES-2013-0042
for the proposed critical habitat designation, or by appointment,
during normal business hours, at the U.S. Fish and Wildlife Service,
Reno Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
You may obtain copies of the proposed rules on http://www.regulations.gov under Docket No. FWS-R8-ES-2013-0072 for the
proposed listing determination and section 4(d) rule, or Docket No.
FWS-R8-ES-2013-0042 for the proposed critical habitat designation, or
by mail from the Reno Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT). Please note that the 2013 dockets contain
documents and other information related to the proposed rules, as well
as the comments received and the proposed rules themselves, while the
2018 dockets are the correct dockets for submission of comments during
this public comment period (see DATES, above).
Authors
The primary author of this document is the Service's Reno Fish and
Wildlife Office in Reno, Nevada, in coordination with the Service's
Pacific Southwest Regional Office in Sacramento, California.
Authority
The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.), is the authority for this action.
Dated: March 17, 2019.
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. 2019-07252 Filed 4-11-19; 8:45 am]
BILLING CODE 4333-15-P