Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to Reclassify the Straight-Horned Markhor (Capra falconeri jerdoni), 31903-31906 [2011-13671]
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Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Proposed Rules
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, these proposed
determinations that the Chattanooga and
Macon Areas attained the 1997 annual
average PM2.5 NAAQS by its applicable
attainment date do not have Tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because the SIPs are not
approved to apply in Indian country
located in the states, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Particulate matter,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 23, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2011–13670 Filed 6–1–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS–R9–ES–2011–0003; MO 92210–
1113F120–B6]
Fish and Wildlife Service,
Interior.
ACTION: Notice of petition finding and
initiation of status review.
AGENCY:
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You may submit
information by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Search for docket
FWS–R9–ES–2011–0003 and then
follow the instructions for submitting
comments.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWSFWS–R9–ES–2011–0003; Division of
Policy and Directives Management; U.S.
Fish and Wildlife Service; 4401 N.
Fairfax Drive, MS 2042–PDM;
Arlington, VA 22203.
We will post all information received
on https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Information Solicited section
below for more details).
ADDRESSES:
Janine Van Norman, Chief, Branch of
Foreign Species, Endangered Species
Program, U.S. Fish and Wildlife Service,
4401 N. Fairfax Drive, Room 420,
Arlington, VA 22203; telephone 703–
358–2171; facsimile 703–358–1735. If
you use a telecommunications device
for the deaf (TDD), please call the
Federal Information Relay Service
(FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
We, the U.S. Fish and
Wildlife Service, announce a 90-day
finding on a petition to reclassify the
Torghar Hills population of straighthorned markhor, or Suleiman markhor,
(Capra falconeri jerdoni or C. f.
megaceros) from endangered to
threatened under the Endangered
Species Act of 1973, as amended (Act).
Based on our review, we find that the
petition presents substantial scientific
or commercial information indicating
that reclassifying this subspecies of
markhor in the Torghar Hills of Pakistan
may be warranted. Therefore, with the
publication of this notice, we are
initiating a review of the status of the
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To allow us adequate time to
conduct this review, we request that we
receive information on or before August
1, 2011.
DATES:
FOR FURTHER INFORMATION CONTACT:
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition to Reclassify the StraightHorned Markhor (Capra falconeri
jerdoni) of Torghar Hills as Threatened
SUMMARY:
entire subspecies to determine if the
petitioned action is warranted. To
ensure that this status review is
comprehensive, we are requesting
scientific and commercial data and
other information regarding the straighthorned markhor or the Torghar Hills
population. Based on the status review,
we will issue a 12-month finding on the
petition, which will address whether
the petitioned action is warranted, as
provided in section 4(b)(3)(B) of the Act.
Information Solicited
When we make a finding that a
petition presents substantial
information indicating that reclassifying
a species may be warranted, we are
required to promptly review the status
of the species (status review). For the
status review to be complete and based
on the best available scientific and
commercial information, we request
information on the straight-horned
markhor from the public, governmental
agencies, Tribal communities, the
scientific community, industry, and any
other interested parties. We seek
information on:
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(1) The straight-horned markhor’s
biology, range, and population trends,
including:
(a) Habitat requirements for feeding,
breeding, and sheltering;
(b) Genetics and taxonomy on Capra
falconeri jerdoni and C. f. megaceros to
determine if these two subspecies
constitute a single subspecies;
(c) Historical and current range
including distribution patterns;
(d) Intermountain movement;
(e) Historical and current population
levels, and current and projected trends;
and
(f) Past and ongoing conservation
measures for the subspecies, its habitat,
or both.
(g) Information on the straight-horned
markhor subspecies for the purpose of
determining if the markhor in the
Torghar Hills constitutes a distinct
vertebrate population segment (DPS; see
Evaluation of Listable Entities).
(2) The factors that are the basis for
making a listing/delisting/downlisting
determination for a species under
section 4(a) of the Endangered Species
Act of 1973, as amended (Act) (16
U.S.C. 1531 et seq.), 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 on whether changing
climatic conditions are affecting the
subspecies or its habitat.
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.
We will base our status review on the
best scientific and commercial
information available, including all
information we receive during the
public comment period. Please note that
comments 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 an endangered or
threatened species must be made ‘‘solely
on the basis of the best scientific and
commercial data available.’’ At the
conclusion of the status review, we will
issue the 12-month finding on the
petition, as provided in section
4(b)(3)(B) of the Act.
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You may submit your information
concerning this status review by one of
the methods listed in the ADDRESSES
section. If you submit information via
https://www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the Web site. If you submit a
hardcopy that includes personal
identifying information, you may
request at the top of your document that
we withhold this personal identifying
information from public review.
However, we cannot guarantee that we
will be able to do so. We will post all
hardcopy submissions on https://
www.regulations.gov.
Information and supporting
documentation that we received and
used in preparing this finding will be
available for you to review at https://
www.regulations.gov, or you may make
an appointment during normal business
hours at the U.S. Fish and Wildlife
Service, Endangered Species Program,
Branch of Foreign Species (see FOR
FURTHER INFORMATION CONTACT).
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Background
Section 4(b)(3)(A) of the Act requires
that we make a finding on whether a
petition to list, delist, or reclassify a
species presents substantial scientific or
commercial information indicating that
the petitioned action may be warranted.
We are to base this finding on
information provided in the petition,
supporting information submitted with
the petition, and information otherwise
available in our files. To the maximum
extent practicable, we are to make this
finding within 90 days of our receipt of
the petition and publish our notice of
the finding promptly in the Federal
Register.
Our standard for substantial scientific
or commercial information within the
Code of Federal Regulations (CFR) with
regard to a 90-day petition finding is
‘‘that amount of information that would
lead a reasonable person to believe that
the measure proposed in the petition
may be warranted’’ (50 CFR 424.14(b)).
If we find that substantial scientific or
commercial information was presented,
we are required to promptly commence
a review of the status of the species,
which will be subsequently summarized
in our 12-month finding.
Petition History
On August 18, 2010, we received a
petition dated August 17, 2010, from
John Jackson of Conservation Force, on
behalf Dallas Safari Club, Houston
Safari Club, African Safari Club of
Florida, The Conklin Foundation, Grand
Slam Club/Ovis, Wild Sheep
Foundation, Jerry Brenner, Steve
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Hornaday, Alan Sackman, and Barbara
Lee Sackman, requesting the U.S. Fish
and Wildlife Service (Service) downlist
the Torghar Hills population of the
Suleiman markhor (Capra falconeri
jerdoni or C. f. megaceros), in the
Balochistan Province of Pakistan, from
endangered to threatened under the Act.
The petition clearly identified itself as
such and included the requisite
identification information for the
petitioners, as required by 50 CFR
424.14(a). In a September 15, 2010,
letter to John Jackson, we acknowledged
receipt of the petition.
Previous Federal Actions
On June 14, 1976, we published in the
Federal Register a rule listing the
straight-horned markhor, or the
Suleiman markhor (Capra falconeri
jerdoni), and the Kabul markhor (C. f.
megaceros), as well as 157 other U.S.
and foreign vertebrates and
invertebrates, as endangered under the
Act (41 FR 24062). All species were
found to have declining numbers due to
the present or threatened destruction,
modification, or curtailment of its
habitat or range; overutilization for
commercial, sporting, scientific, or
educational purposes; the inadequacy of
existing regulatory mechanisms; or
some combination of the three.
However, the main concern was the
high commercial importance and the
inadequacy of existing regulatory
mechanisms to control international
trade.
Later, the straight-horned markhor
and the Kabul markhor were considered
by many authorities to be the single
subspecies C. f. megaceros (straighthorned markhor). These subspecies
currently remain listed as separate
entities under the Act. We are
requesting information (see Information
Solicited) on the taxonomy of both
subspecies to determine if these
constitute a single subspecies. On
March 4, 1999, we received a petition
from Sardar Naseer A. Tareen, on behalf
of the Society for Torghar
Environmental Protection and the
International Union for Conservation of
Nature (IUCN) Central Asia Sustainable
Use Specialist Group, requesting that
the Suleiman markhor (Capra falconeri
jerdoni or C. f. megaceros) population of
the Torghar Hills region of the
Balochistan Province, Pakistan be
reclassified from endangered to
threatened under the Act. On September
23, 1999 (64 FR 51499), we published in
the Federal Register a finding, in
accordance with section 4(b)(3)(A) of
the Act, that the petition had presented
substantial information indicating that
the requested reclassification may be
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warranted and initiated a status review.
We opened a comment period, which
closed January 21, 2000, to allow all
interested parties to submit comments
and information. A 12-month finding
was never completed.
Evaluation of Listable Entities
Under section 3(16) of the Act, we
may consider for listing any species,
including subspecies, of fish, wildlife,
or plants, or any DPS of vertebrate fish
or wildlife that interbreeds when mature
(16 U.S.C. 1532(16)). Such entities are
considered eligible for listing under the
Act (and, therefore referred to as listable
entities) should we determine that they
meet the definition of an endangered or
threatened species. In this case, the
petitioners have requested that the
straight-horned markhor in the Torghar
Hills of Pakistan be considered a DPS
and reclassified from endangered to
threatened under the Act.
Distinct Vertebrate Population Segment
Under the Service’s ‘‘Policy Regarding
the Recognition of Distinct Vertebrate
Population Segments Under the
Endangered Species Act’’ (61 FR 4722,
February 7, 1996), three elements are
considered in the decision concerning
the establishment and classification of a
possible DPS. These elements, which
are applied similarly for additions to,
reclassifications of status under, or
removal from the Federal List of
Endangered and Threatened Wildlife,
include:
(1) The discreteness of a population in
relation to the remainder of the species
to which it belongs;
(2) The significance of the population
segment to the species to which it
belongs; and
(3) The population segment’s
conservation status in relation to the
Act’s standards for listing, delisting, or
reclassification (i.e., is the population
segment endangered or threatened).
Discreteness
Under the DPS policy, a population
segment of a vertebrate taxon may be
considered discrete if it satisfies either
one of the following conditions:
(1) It is markedly separated from other
populations of the same taxon as a
consequence of physical, physiological,
ecological, or behavioral factors.
Quantitative measures of genetic or
morphological discontinuity may
provide evidence of this separation.
(2) It is delimited by international
governmental boundaries within which
differences in control of exploitation,
management of habitat, conservation
status, or regulatory mechanisms exist
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that are significant in light of section
4(a)(1)(D) of the Act.
Desert mountain ranges of Balochistan
Province are more or less isolated from
one another by intervening valley
bottoms. The Torghar Hills, within the
Toba Kakar Range, are geographically
isolated by broad valleys (Frisina et al.
2002, p. 7). To the north and south, the
mountain area is bounded by the
Kundar River Valley and Khaisor
Valley, respectively (Bellon 2008, p. 3).
Furthermore, suitable markhor habitat
tends to be patchily distributed within
mountain ranges. Within the Torghar
Hills, habitat to the north is less severe
than that preferred by markhor; to the
south, habitat is also unsuitable as it is
a broad, relatively level valley and
inhabited by humans (Frisina et al.
2002, p. 7).
The degree to which disjunct
populations of markhor interact is
unknown because dispersal capability is
unknown. However, interaction
between populations is assumed to be
limited because of the tendency of
markhor to restrict themselves to the
steeper, cliff-like areas (Frisina et al.
1998, p. 10). Although markhor could
potentially move into and out of the
Torghar Hills, intermountain movement
probably rarely occurs due to the lack of
suitable habitat (Frisina et al. 2002, p. 7)
and the presence of people and
domestic livestock in intervening valley
bottoms.
In summary, the petition and other
documents in our files present
substantial information indicating that
the Torghar Hills population of the
straight-horned markhor in Pakistan
may meet at least one of the criteria for
discreteness under the DPS policy based
on marked physical separateness.
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Significance
Under our DPS Policy, in addition to
our consideration that a population
segment is discrete, we consider its
biological and ecological significance to
the taxon to which it belongs. This
consideration may include, but is not
limited to: (1) Evidence of the
persistence of the discrete population
segment in an ecological setting that is
unique or unusual for the taxon; (2)
evidence that loss of the population
segment would result in a significant
gap in the range of the taxon; (3)
evidence that the population segment
represents the only surviving natural
occurrence of a taxon that may be more
abundant elsewhere as an introduced
population outside its historical range;
and (4) evidence that the discrete
population segment differs markedly
from other populations of the species in
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its genetic characteristics (61 FR 4721;
February 7, 1996).
The Torghar Hills population of
straight-horned markhor is protected by
a private conservation program, the
Torghar Conservation Project (TCP). In
1986, the TCP was instituted and run
informally by the local Tribal ruling
family. The goals of the TCP were to
conserve local populations of the
Suleiman markhor and the Afghan urial
(Ovis orientalis cycloceros) and improve
the economic condition of local
tribesmen. To accomplish this, the local
tribesmen refrain from hunting in
exchange for employment as salaried
game guards to prevent poaching in the
Torghar Hills and assist in wildlife
surveys. Game guard salaries and other
costs of the TCP are covered by fees
paid by foreign hunters to hunt a small,
controlled number of markhor and urial
for trophy (Johnson 1997, pp. 1–3;
Ahmed et al. 2001, p. 5). In 1994, an
officially registered nongovernmental
organization, the Society for Torghar
Environmental Protection (STEP), was
formed to administer the TCP.
Since the TCP was instituted in 1986,
the markhor population in the Torghar
Hills has been growing steadily from the
brink of extinction to a thriving
population and is considered ‘‘viable’’
for both population and genetic
processes (Johnson 1997, pp. 14–15;
Frisina et al. 2002, p. 1). The most likely
cause of this population growth is the
virtually-complete cessation of poaching
in the Torghar area accomplished by the
TCP (Johnson 1997, pp. 3, 15). Based on
the substantial population growth,
researchers have concluded that the
markhor have responded well to the
management and protection provided by
the TCP and the program has been a
successful tool in conserving the
markhor of the Torghar Hills (Johnson
1997, p. 16; Frisina et al. 1998, p. 6).
This population now represents the
highest concentration of markhor in the
world (Bellon 2008, pp. 1, 45) and may
represent one of the last remaining
strongholds for the subspecies (Johnson
1997, p. 16).
In summary, information in the
petition and our files may support the
significance of a DPS in the Torghar
Hills of Pakistan because the loss of this
DPS would result in the loss of,
perhaps, the most important population
for the subspecies’ survival, resulting in
a significant gap in the range of the
subspecies.
Evaluation of Information for This
Finding
As stated above, the markhor was
originally listed as endangered under
the Act due to declining numbers and
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concern over the species’ high
commercial importance. The outbreak of
the Afghanistan war in the late 1970s
made weapons and cheap ammunition
more readily available and hunters
killed females and young
indiscriminately (Ahmed et al. 2001,
p. 4). In the early 1980s the markhor
population in the Torghar Hills was
thought to be at very low levels, perhaps
fewer than 100 individuals.
The petitioners assert that since the
TCP was established and poaching
essentially eliminated (Woodford et al.
2004, p. 181), the population of markhor
in the Torghar Hills has increased. In
1994, Johnson (1997, p. 12) estimated
the Torghar Hills population of markhor
to be 695. Later surveys estimated the
population to be 1,298 in 1997; 1,684 in
1999; 2,541 in 2005; and 3,158 in 2008
(Frisina et al. 1998, p. 6; Arshad and
Khan 2009, p. 9).
In general, markhor are threatened
with fragmentation and loss of habitat,
competition with domestic livestock,
and illegal hunting (CITES 2007,
unpaginated). The petitioners assert that
the habitat within the core protected
area of the TCP is not threatened by
grazing of domestic sheep and goats or
otherwise at risk of being destroyed,
modified, or curtailed. The petitioners
also assert that the local people are
aware of the potential problems with
having excess livestock and are
interested in formulating and
implementing range management plans
(Woodford et al. 2004, p. 184). In
addition, to improve the health of local
domestic livestock, and thereby
minimize the risk of disease transfer to
the markhor, a community-based
Animal Health Service for the domestic
livestock within the TCP area has been
formulated. Under this plan, a small
number of tribesman will be trained as
‘‘barefoot vets’’ and provide vaccines
and anti-parasitic medications to the
domestic livestock (Woodford et al.
2004, p. 185).
The petitioners further assert that the
laws of Pakistan, regulations on hunting
imposed by the TCP, and the
Convention on International Trade in
Endangered Species of Wild Fauna and
Flora (CITES) quota and nondetriment
determination are more than adequate to
protect the straight-horned markhor.
Lastly, the petitioners assert that the
listing as an endangered species under
the Act prevents hunters from bringing
hunting trophies home to the United
States, creates a disincentive for
American hunters to participate in the
TCP, and reduces the number of hunts
and keeps the price of hunting permits
artificially low.
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Finding
DEPARTMENT OF THE INTERIOR
On the basis of information provided
in the petition we find that the petition
presents substantial scientific or
commercial information indicating that
reclassifying the Torghar Hills
population of the straight-horned
markhor may be warranted. Therefore,
we will initiate a status review to
determine if reclassifying the Torghar
Hills population of the straight-horned
markhor is warranted. To ensure that
the status review is comprehensive, we
are soliciting scientific and commercial
information regarding this subspecies
(see Information Solicited).
It is important to note that the
‘‘substantial information’’ standard for a
90-day finding is in contrast to the Act’s
‘‘best scientific and commercial data’’
standard that applies to a 12-month
finding as to whether a petitioned action
is warranted. A 90-day finding is not a
status assessment of the species and
does not constitute a status review
under the Act. Our final determination
as to whether a petitioned action is
warranted is not made until we have
completed a thorough review of the
status of the species, which is
conducted following a substantial 90day finding. Because the Act’s standards
for 90-day and 12-month findings are
different, as described above, a
substantial 90-day finding does not
mean that the 12-month finding will
result in a warranted finding.
Fish and Wildlife Service
References Cited
A complete list of references cited is
available on the Internet at https://
www.regulations.gov at Docket No.
FWS–R9–ES–2011–0003 and upon
request from the Branch of Foreign
Species (see FOR FURTHER INFORMATION
CONTACT.)
Author
The primary authors of this notice are
the staff members of the Branch of
Foreign Species (see FOR FURTHER
INFORMATION CONTACT.)
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Authority: The authority for this action is
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: April 15, 2011.
Rowan W. Gould,
Director, U.S. Fish and Wildlife Service.
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50 CFR Part 17
[Docket No. FWS–R6–ES–2011–0030;
92220–1113–0000–C6]
RIN 1018–AW02
Endangered and Threatened Wildlife
and Plants; Revising the Special Rule
for the Utah Prairie Dog
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
Under the Endangered
Species Act of 1973, as amended (ESA),
we (the U.S. Fish and Wildlife Service
(Service/USFWS)) are proposing to
revise our special regulations for the
conservation of the Utah prairie dog. We
are proposing to revise the existing
limits on take, and we also propose a
new incidental take exemption for
otherwise legal activities associated
with standard agricultural practices. All
other provisions of the special rule not
relating to these amendments would
remain unchanged. We seek comment
from the public and other agencies, and
welcome suggestions regarding the
scope and implementation of the special
rule. After the closing of the comment
period, a draft environmental
assessment will be prepared on our
proposed actions.
DATES: We will accept comments
received or postmarked on or before
August 1, 2011. Please note that if you
are using the Federal eRulemaking
Portal (see ADDRESSES), the deadline for
submitting an electronic comment is
Eastern Standard Time on this date. We
must receive requests for public
hearings, in writing, at the address
shown in the FOR FURTHER INFORMATION
CONTACT section by July 18, 2011.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. In the box that
reads ‘‘Enter Keyword or ID,’’ enter the
Docket number for this proposed rule,
which is FWS–R6–ES–2011–0030.
Check the box that reads ‘‘Open for
Comment/Submission,’’ and then click
the Search button. You should then see
an icon that reads ‘‘Submit a Comment.’’
Please ensure that you have found the
correct rulemaking before submitting
your comment.
• U.S. mail or hand-delivery: Public
Comments Processing, Attention: FWS–
R6–ES–2011–0030; Division of Policy
and Directives Management; U.S. Fish
and Wildlife Service; 4401 North Fairfax
SUMMARY:
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Drive, MS 2042–PDM; Arlington, VA
22203.
We will post all information we
receive on https://www.regulations.gov.
This generally means that we will post
any personal information you provide
us (see the Request for Information
section below for more details).
FOR FURTHER INFORMATION CONTACT: For
information on Utah prairie dogs see:
https://www.fws.gov/mountain-prairie/
species/mammals/UTprairiedog or
https://ecos.fws.gov/speciesProfile/
profile/
speciesProfile.action?spcode=A04A, or
contact Larry Crist, Field Supervisor,
Utah Ecological Services Field Office,
2369 West Orton Circle, Suite 50, West
Valley City, UT 84119 (telephone 801–
975–3330; facsimile 801–975–3331).
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION: Under the
ESA, we are proposing to revise our
existing special rule for the conservation
of the Utah prairie dog in the Code of
Federal Regulations (CFR) at 50 CFR
17.40(g). The current special rule,
administered by the Utah Division of
Wildlife Resources (UDWR), was
established in 1991. Since that time, we
have evaluated the take authorized by
this rule and the methods used to
implement it.
We are considering the available
information and proposing to revise
established limits to permitted take
administered by the UDWR. We propose
to revise the regulations for where take
is allowed to occur, the amount of take
that may be permitted, and methods of
take that may be permitted. This
proposed amendment is largely
consistent with past and current
practices and permitting as
administered by the UDWR under the
current special rule. Utah prairie dog
populations have remained stable to
increasing throughout implementation
of the current special rule implemented
under the UDWR permit system. We
also propose a new incidental take
exemption for otherwise legal activities
associated with standard agricultural
practices.
We seek comment on our proposed
rule from the public and other agencies,
and welcome suggestions regarding the
scope and implementation of the special
rule. After the closing of the comment
period for this proposed rule, a draft
environmental assessment will be
prepared on our proposed action.
Request for Public Comments
You may submit your comments and
materials concerning this proposed rule
E:\FR\FM\02JNP1.SGM
02JNP1
]]>Agencies
[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Proposed Rules]
[Pages 31903-31906]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13671]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R9-ES-2011-0003; MO 92210-1113F120-B6]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition to Reclassify the Straight-Horned Markhor (Capra falconeri
jerdoni) of Torghar Hills as Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition finding and initiation of status review.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce a 90-day
finding on a petition to reclassify the Torghar Hills population of
straight-horned markhor, or Suleiman markhor, (Capra falconeri jerdoni
or C. f. megaceros) from endangered to threatened under the Endangered
Species Act of 1973, as amended (Act). Based on our review, we find
that the petition presents substantial scientific or commercial
information indicating that reclassifying this subspecies of markhor in
the Torghar Hills of Pakistan may be warranted. Therefore, with the
publication of this notice, we are initiating a review of the status of
the entire subspecies to determine if the petitioned action is
warranted. To ensure that this status review is comprehensive, we are
requesting scientific and commercial data and other information
regarding the straight-horned markhor or the Torghar Hills population.
Based on the status review, we will issue a 12-month finding on the
petition, which will address whether the petitioned action is
warranted, as provided in section 4(b)(3)(B) of the Act.
DATES: To allow us adequate time to conduct this review, we request
that we receive information on or before August 1, 2011.
ADDRESSES: You may submit information by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Search for docket FWS-R9-ES-2011-0003 and then follow the instructions
for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS- FWS-R9-ES-2011-0003; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS
2042-PDM; Arlington, VA 22203.
We will post all information received on https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Information Solicited
section below for more details).
FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of
Foreign Species, Endangered Species Program, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203;
telephone 703-358-2171; facsimile 703-358-1735. If you use a
telecommunications device for the deaf (TDD), please call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Information Solicited
When we make a finding that a petition presents substantial
information indicating that reclassifying a species may be warranted,
we are required to promptly review the status of the species (status
review). For the status review to be complete and based on the best
available scientific and commercial information, we request information
on the straight-horned markhor from the public, governmental agencies,
Tribal communities, the scientific community, industry, and any other
interested parties. We seek information on:
(1) The straight-horned markhor's biology, range, and population
trends, including:
(a) Habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy on Capra falconeri jerdoni and C. f.
megaceros to determine if these two subspecies constitute a single
subspecies;
(c) Historical and current range including distribution patterns;
(d) Intermountain movement;
(e) Historical and current population levels, and current and
projected trends; and
(f) Past and ongoing conservation measures for the subspecies, its
habitat, or both.
(g) Information on the straight-horned markhor subspecies for the
purpose of determining if the markhor in the Torghar Hills constitutes
a distinct vertebrate population segment (DPS; see Evaluation of
Listable Entities).
(2) The factors that are the basis for making a listing/delisting/
downlisting determination for a species under section 4(a) of the
Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et
seq.), 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 on whether changing climatic conditions are
affecting the subspecies or its habitat.
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.
We will base our status review on the best scientific and
commercial information available, including all information we receive
during the public comment period. Please note that comments 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 an endangered
or threatened species must be made ``solely on the basis of the best
scientific and commercial data available.'' At the conclusion of the
status review, we will issue the 12-month finding on the petition, as
provided in section 4(b)(3)(B) of the Act.
[[Page 31904]]
You may submit your information concerning this status review by
one of the methods listed in the ADDRESSES section. If you submit
information via https://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the
Web site. If you submit a hardcopy that includes personal identifying
information, you may request at the top of your document that we
withhold this personal identifying information from public review.
However, we cannot guarantee that we will be able to do so. We will
post all hardcopy submissions on https://www.regulations.gov.
Information and supporting documentation that we received and used
in preparing this finding will be available for you to review at https://www.regulations.gov, or you may make an appointment during normal
business hours at the U.S. Fish and Wildlife Service, Endangered
Species Program, Branch of Foreign Species (see FOR FURTHER INFORMATION
CONTACT).
Background
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. We are to base this finding on
information provided in the petition, supporting information submitted
with the petition, and information otherwise available in our files. To
the maximum extent practicable, we are to make this finding within 90
days of our receipt of the petition and publish our notice of the
finding promptly in the Federal Register.
Our standard for substantial scientific or commercial information
within the Code of Federal Regulations (CFR) with regard to a 90-day
petition finding is ``that amount of information that would lead a
reasonable person to believe that the measure proposed in the petition
may be warranted'' (50 CFR 424.14(b)). If we find that substantial
scientific or commercial information was presented, we are required to
promptly commence a review of the status of the species, which will be
subsequently summarized in our 12-month finding.
Petition History
On August 18, 2010, we received a petition dated August 17, 2010,
from John Jackson of Conservation Force, on behalf Dallas Safari Club,
Houston Safari Club, African Safari Club of Florida, The Conklin
Foundation, Grand Slam Club/Ovis, Wild Sheep Foundation, Jerry Brenner,
Steve Hornaday, Alan Sackman, and Barbara Lee Sackman, requesting the
U.S. Fish and Wildlife Service (Service) downlist the Torghar Hills
population of the Suleiman markhor (Capra falconeri jerdoni or C. f.
megaceros), in the Balochistan Province of Pakistan, from endangered to
threatened under the Act. The petition clearly identified itself as
such and included the requisite identification information for the
petitioners, as required by 50 CFR 424.14(a). In a September 15, 2010,
letter to John Jackson, we acknowledged receipt of the petition.
Previous Federal Actions
On June 14, 1976, we published in the Federal Register a rule
listing the straight-horned markhor, or the Suleiman markhor (Capra
falconeri jerdoni), and the Kabul markhor (C. f. megaceros), as well as
157 other U.S. and foreign vertebrates and invertebrates, as endangered
under the Act (41 FR 24062). All species were found to have declining
numbers due to the present or threatened destruction, modification, or
curtailment of its habitat or range; overutilization for commercial,
sporting, scientific, or educational purposes; the inadequacy of
existing regulatory mechanisms; or some combination of the three.
However, the main concern was the high commercial importance and the
inadequacy of existing regulatory mechanisms to control international
trade.
Later, the straight-horned markhor and the Kabul markhor were
considered by many authorities to be the single subspecies C. f.
megaceros (straight-horned markhor). These subspecies currently remain
listed as separate entities under the Act. We are requesting
information (see Information Solicited) on the taxonomy of both
subspecies to determine if these constitute a single subspecies. On
March 4, 1999, we received a petition from Sardar Naseer A. Tareen, on
behalf of the Society for Torghar Environmental Protection and the
International Union for Conservation of Nature (IUCN) Central Asia
Sustainable Use Specialist Group, requesting that the Suleiman markhor
(Capra falconeri jerdoni or C. f. megaceros) population of the Torghar
Hills region of the Balochistan Province, Pakistan be reclassified from
endangered to threatened under the Act. On September 23, 1999 (64 FR
51499), we published in the Federal Register a finding, in accordance
with section 4(b)(3)(A) of the Act, that the petition had presented
substantial information indicating that the requested reclassification
may be warranted and initiated a status review. We opened a comment
period, which closed January 21, 2000, to allow all interested parties
to submit comments and information. A 12-month finding was never
completed.
Evaluation of Listable Entities
Under section 3(16) of the Act, we may consider for listing any
species, including subspecies, of fish, wildlife, or plants, or any DPS
of vertebrate fish or wildlife that interbreeds when mature (16 U.S.C.
1532(16)). Such entities are considered eligible for listing under the
Act (and, therefore referred to as listable entities) should we
determine that they meet the definition of an endangered or threatened
species. In this case, the petitioners have requested that the
straight-horned markhor in the Torghar Hills of Pakistan be considered
a DPS and reclassified from endangered to threatened under the Act.
Distinct Vertebrate Population Segment
Under the Service's ``Policy Regarding the Recognition of Distinct
Vertebrate Population Segments Under the Endangered Species Act'' (61
FR 4722, February 7, 1996), three elements are considered in the
decision concerning the establishment and classification of a possible
DPS. These elements, which are applied similarly for additions to,
reclassifications of status under, or removal from the Federal List of
Endangered and Threatened Wildlife, include:
(1) The discreteness of a population in relation to the remainder
of the species to which it belongs;
(2) The significance of the population segment to the species to
which it belongs; and
(3) The population segment's conservation status in relation to the
Act's standards for listing, delisting, or reclassification (i.e., is
the population segment endangered or threatened).
Discreteness
Under the DPS policy, a population segment of a vertebrate taxon
may be considered discrete if it satisfies either one of the following
conditions:
(1) It is markedly separated from other populations of the same
taxon as a consequence of physical, physiological, ecological, or
behavioral factors. Quantitative measures of genetic or morphological
discontinuity may provide evidence of this separation.
(2) It is delimited by international governmental boundaries within
which differences in control of exploitation, management of habitat,
conservation status, or regulatory mechanisms exist
[[Page 31905]]
that are significant in light of section 4(a)(1)(D) of the Act.
Desert mountain ranges of Balochistan Province are more or less
isolated from one another by intervening valley bottoms. The Torghar
Hills, within the Toba Kakar Range, are geographically isolated by
broad valleys (Frisina et al. 2002, p. 7). To the north and south, the
mountain area is bounded by the Kundar River Valley and Khaisor Valley,
respectively (Bellon 2008, p. 3). Furthermore, suitable markhor habitat
tends to be patchily distributed within mountain ranges. Within the
Torghar Hills, habitat to the north is less severe than that preferred
by markhor; to the south, habitat is also unsuitable as it is a broad,
relatively level valley and inhabited by humans (Frisina et al. 2002,
p. 7).
The degree to which disjunct populations of markhor interact is
unknown because dispersal capability is unknown. However, interaction
between populations is assumed to be limited because of the tendency of
markhor to restrict themselves to the steeper, cliff-like areas
(Frisina et al. 1998, p. 10). Although markhor could potentially move
into and out of the Torghar Hills, intermountain movement probably
rarely occurs due to the lack of suitable habitat (Frisina et al. 2002,
p. 7) and the presence of people and domestic livestock in intervening
valley bottoms.
In summary, the petition and other documents in our files present
substantial information indicating that the Torghar Hills population of
the straight-horned markhor in Pakistan may meet at least one of the
criteria for discreteness under the DPS policy based on marked physical
separateness.
Significance
Under our DPS Policy, in addition to our consideration that a
population segment is discrete, we consider its biological and
ecological significance to the taxon to which it belongs. This
consideration may include, but is not limited to: (1) Evidence of the
persistence of the discrete population segment in an ecological setting
that is unique or unusual for the taxon; (2) evidence that loss of the
population segment would result in a significant gap in the range of
the taxon; (3) evidence that the population segment represents the only
surviving natural occurrence of a taxon that may be more abundant
elsewhere as an introduced population outside its historical range; and
(4) evidence that the discrete population segment differs markedly from
other populations of the species in its genetic characteristics (61 FR
4721; February 7, 1996).
The Torghar Hills population of straight-horned markhor is
protected by a private conservation program, the Torghar Conservation
Project (TCP). In 1986, the TCP was instituted and run informally by
the local Tribal ruling family. The goals of the TCP were to conserve
local populations of the Suleiman markhor and the Afghan urial (Ovis
orientalis cycloceros) and improve the economic condition of local
tribesmen. To accomplish this, the local tribesmen refrain from hunting
in exchange for employment as salaried game guards to prevent poaching
in the Torghar Hills and assist in wildlife surveys. Game guard
salaries and other costs of the TCP are covered by fees paid by foreign
hunters to hunt a small, controlled number of markhor and urial for
trophy (Johnson 1997, pp. 1-3; Ahmed et al. 2001, p. 5). In 1994, an
officially registered nongovernmental organization, the Society for
Torghar Environmental Protection (STEP), was formed to administer the
TCP.
Since the TCP was instituted in 1986, the markhor population in the
Torghar Hills has been growing steadily from the brink of extinction to
a thriving population and is considered ``viable'' for both population
and genetic processes (Johnson 1997, pp. 14-15; Frisina et al. 2002, p.
1). The most likely cause of this population growth is the virtually-
complete cessation of poaching in the Torghar area accomplished by the
TCP (Johnson 1997, pp. 3, 15). Based on the substantial population
growth, researchers have concluded that the markhor have responded well
to the management and protection provided by the TCP and the program
has been a successful tool in conserving the markhor of the Torghar
Hills (Johnson 1997, p. 16; Frisina et al. 1998, p. 6). This population
now represents the highest concentration of markhor in the world
(Bellon 2008, pp. 1, 45) and may represent one of the last remaining
strongholds for the subspecies (Johnson 1997, p. 16).
In summary, information in the petition and our files may support
the significance of a DPS in the Torghar Hills of Pakistan because the
loss of this DPS would result in the loss of, perhaps, the most
important population for the subspecies' survival, resulting in a
significant gap in the range of the subspecies.
Evaluation of Information for This Finding
As stated above, the markhor was originally listed as endangered
under the Act due to declining numbers and concern over the species'
high commercial importance. The outbreak of the Afghanistan war in the
late 1970s made weapons and cheap ammunition more readily available and
hunters killed females and young indiscriminately (Ahmed et al. 2001,
p. 4). In the early 1980s the markhor population in the Torghar Hills
was thought to be at very low levels, perhaps fewer than 100
individuals.
The petitioners assert that since the TCP was established and
poaching essentially eliminated (Woodford et al. 2004, p. 181), the
population of markhor in the Torghar Hills has increased. In 1994,
Johnson (1997, p. 12) estimated the Torghar Hills population of markhor
to be 695. Later surveys estimated the population to be 1,298 in 1997;
1,684 in 1999; 2,541 in 2005; and 3,158 in 2008 (Frisina et al. 1998,
p. 6; Arshad and Khan 2009, p. 9).
In general, markhor are threatened with fragmentation and loss of
habitat, competition with domestic livestock, and illegal hunting
(CITES 2007, unpaginated). The petitioners assert that the habitat
within the core protected area of the TCP is not threatened by grazing
of domestic sheep and goats or otherwise at risk of being destroyed,
modified, or curtailed. The petitioners also assert that the local
people are aware of the potential problems with having excess livestock
and are interested in formulating and implementing range management
plans (Woodford et al. 2004, p. 184). In addition, to improve the
health of local domestic livestock, and thereby minimize the risk of
disease transfer to the markhor, a community-based Animal Health
Service for the domestic livestock within the TCP area has been
formulated. Under this plan, a small number of tribesman will be
trained as ``barefoot vets'' and provide vaccines and anti-parasitic
medications to the domestic livestock (Woodford et al. 2004, p. 185).
The petitioners further assert that the laws of Pakistan,
regulations on hunting imposed by the TCP, and the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES) quota and nondetriment determination are more than adequate to
protect the straight-horned markhor. Lastly, the petitioners assert
that the listing as an endangered species under the Act prevents
hunters from bringing hunting trophies home to the United States,
creates a disincentive for American hunters to participate in the TCP,
and reduces the number of hunts and keeps the price of hunting permits
artificially low.
[[Page 31906]]
Finding
On the basis of information provided in the petition we find that
the petition presents substantial scientific or commercial information
indicating that reclassifying the Torghar Hills population of the
straight-horned markhor may be warranted. Therefore, we will initiate a
status review to determine if reclassifying the Torghar Hills
population of the straight-horned markhor is warranted. To ensure that
the status review is comprehensive, we are soliciting scientific and
commercial information regarding this subspecies (see Information
Solicited).
It is important to note that the ``substantial information''
standard for a 90-day finding is in contrast to the Act's ``best
scientific and commercial data'' standard that applies to a 12-month
finding as to whether a petitioned action is warranted. A 90-day
finding is not a status assessment of the species and does not
constitute a status review under the Act. Our final determination as to
whether a petitioned action is warranted is not made until we have
completed a thorough review of the status of the species, which is
conducted following a substantial 90-day finding. Because the Act's
standards for 90-day and 12-month findings are different, as described
above, a substantial 90-day finding does not mean that the 12-month
finding will result in a warranted finding.
References Cited
A complete list of references cited is available on the Internet at
https://www.regulations.gov at Docket No. FWS-R9-ES-2011-0003 and upon
request from the Branch of Foreign Species (see FOR FURTHER INFORMATION
CONTACT.)
Author
The primary authors of this notice are the staff members of the
Branch of Foreign Species (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: April 15, 2011.
Rowan W. Gould,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-13671 Filed 6-1-11; 8:45 am]
BILLING CODE 4310-55-P
