Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Delist the Southern Selkirk Mountains Population of Woodland Caribou, 75091-75093 [2012-30554]
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Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Proposed Rules
32.009 Providing accelerated payments to
small business subcontractors.
32.009–1
General.
Pursuant to the policy provided by
OMB Memorandum M–12–16, Agencies
shall take measures to ensure that prime
contractors pay small business
subcontractors on an accelerated
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practicable, and upon receipt of
accelerated payments from the
Government. This acceleration does not
provide any new rights under the
Prompt Payment Act and does not affect
the application of the Prompt Payment
Act late payment interest provisions.
32.009–2
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
5. Amend section 52.213–4 by—
a. Revising the date of the clause;
b. Redesignating paragraphs (a)(2)(v)
through (vii) as paragraphs (a)(2)(vi)
through (viii), respectively; and
c. Adding a new paragraph (a)(2)(v).
The revision and addition read as
follows:
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
*
*
*
*
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Items) (Date)
(a) * * *
(2) * * *
(v) 52.232–XX, Providing Accelerated
Payments to Small Business Subcontractors
(DATE).
*
*
*
*
*
6. Add section 52.232–XX to read as
follows:
52.232–XX Providing Accelerated
Payments to Small Business
Subcontractors.
As prescribed in 32.009–2, insert the
following clause:
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Providing Accelerated Payments to
Small Business Subcontractors (Date)
(a) Upon receipt of accelerated payments
from the Government, the Contractor shall
make accelerated payments to a small
business subcontractor, to the maximum
extent practicable and prior to when such
payment is otherwise required under the
applicable contract or subcontract, after
receipt of a proper invoice and all other
required documentation from the small
business subcontractor.
VerDate Mar<15>2010
15:12 Dec 18, 2012
[FR Doc. 2012–30550 Filed 12–18–12; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Contract clause.
Insert clause 52.232–XX, Providing
Accelerated Payments to Small Business
Subcontractors, in all solicitations and
contracts.
*
(b) The acceleration of payments under this
clause does not provide any new rights under
the Prompt Payment Act.
(c) Include the substance of this clause,
including this paragraph (c), in all
subcontracts with small business concerns,
including subcontracts with small business
concerns for the acquisition of commercial
items.
(End of Clause)
Jkt 229001
[Docket No. FWS–R1–ES–2012–0097;
FXES11130900000C2–123–FF09E32000]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To Delist the Southern Selkirk
Mountains Population of Woodland
Caribou
Fish and Wildlife Service,
Interior.
ACTION: Notice of 90-day petition
finding and initiation of status review.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to delist the
southern Selkirk Mountains population
of woodland caribou (Rangifer tarandus
caribou) from the Federal List of
Endangered and Threatened Wildlife
and Plants as determined under the
Endangered Species Act of 1973, as
amended (Act). Based on our review, we
find that the petition presents
substantial information indicating that
delisting this population of the
woodland caribou subspecies may be
warranted. Therefore, with the
publication of this notice, we initiate a
review of the status of the subspecies to
determine if delisting the southern
Selkirk Mountains population of
woodland caribou is warranted. To
ensure that this status review is
comprehensive, we are requesting
scientific and commercial data and
other information regarding the status of
the woodland caribou subspecies
(Rangifer tarandus caribou), the
southern Selkirk Mountains population
of woodland caribou, the mountain
ecotype of the woodland caribou, and
other possible woodland caribou
distinct population segment
configurations. 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.
SUMMARY:
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75091
We request that we receive
scientific and commercial data and
other information pertinent to the
petitioned action and the rangewide
status review of the subspecies on or
before January 18, 2013. The deadline
for submitting information using the
Federal eRulemaking Portal (see the
ADDRESSES section below) is 11:59 p.m.
Eastern Time on this date. After January
18, 2013, you must submit information
directly to the Division of Policy and
Directives Management (see the
ADDRESSES section below). Please note
that we might not be able to consider
information that we receive after the
above requested date.
ADDRESSES: You may submit
information by one of the following
methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. Search for FWS–
R1–ES–2012–0097, which is the docket
number for this action. You may submit
information for the status review by
clicking on ‘‘Comment Now!’’
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R1–ES–2012–
0097; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM: Arlington, VA 22203.
We will not accept emails or faxes.
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:
Brian Kelly, State Supervisor, Idaho
Fish and Wildlife Office, 1387 S.
Vinnell Way, Room 368, Boise, Idaho
83709; by telephone at 208–378–5243;
or by facsimile at 208–378–5262. If you
use a telecommunications device for the
deaf (TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
DATES:
Request for Information
When we make a finding that a
petition presents substantial
information indicating that listing,
delisting, or reclassifying a species may
be warranted, we are required to
promptly initiate review of 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 woodland caribou
subspecies (Rangifer tarandus caribou),
including the southern Selkirk
Mountains population and the
mountain ecotype to which this
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75092
Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Proposed Rules
population belongs, from governmental
agencies, Native American tribes, the
scientific community, industry, and any
other interested parties. We seek
information on:
(1) The subspecies’ biology, range,
and population trends, including:
(a) Habitat requirements for feeding,
breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range,
including distribution patterns;
(d) Historical and current population
levels, and current and projected trends;
and
(e) Past and ongoing conservation
measures for the species, its habitat, or
both.
(2) Information relevant to whether
the southern Selkirk Mountains
population of woodland caribou is in
need of protections from the Act and
can be considered discrete and
significant to the woodland subspecies.
(3) Information relevant to whether
some other subset of the woodland
caribou subspecies (for example, the
mountain ecotype) is in need of
protections under the Act, and can be
considered discrete and significant to
the subspecies.
Please include sufficient supporting
documentation with your submission
(such as maps, scientific journal articles,
or other publications) to allow us to
verify any scientific or commercial
information you provide.
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. 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.’’
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 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 personal
identifying information from public
review. However, we cannot guarantee
that we will be able to do so.
Information and supporting
documentation that we received and
used in preparing this finding is
available for review at https://
www.regulations.gov at Docket No.
FWS–R1–ES–2012–0097 or by
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15:12 Dec 18, 2012
Jkt 229001
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service’s Idaho Fish and Wildlife Office
(see the FOR FURTHER INFORMATION
CONTACT section above).
Background
Section 4(b)(3)(A) of the Act (16
U.S.C. 1531 et seq.) 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 initiate a
species status review, which we
subsequently summarize in our 12month finding.
Petition History
On May 14, 2012, we received a
petition dated May 9, 2012, from the
Pacific Legal Foundation, representing
Bonner County, Idaho, and the Idaho
State Snowmobile Association,
requesting that the southern Selkirk
Mountains population of woodland
caribou (Rangifer tarandus caribou) be
removed from the Federal List of
Endangered and Threatened Wildlife
and Plants. The petition clearly
identified itself as such and included
the requisite identification information
for the petitioners, as required by 50
CFR 424.14(a).
The petition asserted that we did not
correctly apply the 1996 distinct
population segment (DPS) policy in our
2008 5-year status review of the
southern Selkirk Mountains population.
Specifically, the petition questioned the
analysis of discreteness and significance
of this population to the mountain
ecotype of woodland caribou, not the
woodland caribou subspecies (i.e., the
taxon to which it belongs), which the
petitioners assert would be the
appropriate interpretation of the DPS
policy. As such, the petition asserted
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that the southern Selkirk Mountains
DPS is not a listable entity, and
therefore our listing of the population
violates the Act. We acknowledge that
information provided in the petition on
the appropriateness of our DPS analysis
in our 2008 status review warrants a
more thorough review.
Distinct Population Segment Policy
Section 3(15) of the Act defines a
‘‘species’’ to include ‘‘* * * any
subspecies of fish or wildlife or plants,
and any distinct population segment of
any species of vertebrate fish or wildlife
which interbreeds when mature.’’ The
National Marine Fisheries Service
(NMFS) and the Service published a
joint policy defining the phrase
‘‘distinct population segment’’ on
February 7, 1996 (61 FR 4722) (DPS
policy). According to the DPS policy,
two elements must be satisfied in order
for a population segment to qualify as a
DPS: discreteness and significance. If a
population segment qualifies as a DPS,
the conservation status of that DPS is
evaluated to determine whether it is
threatened or endangered.
A population segment of a vertebrate
species 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; or (2) it is delimited by
international governmental boundaries
within which differences in control of
exploitation, management of habitat,
conservation status, or regulatory
mechanisms exist that are significant in
light of section 4(a)(1)(D) of the Act.
If a population is found to be discrete,
then it is evaluated for significance
under the DPS policy on the basis of its
importance to the taxon to which it
belongs. This consideration may
include, but is not limited to, the
following: (1) Persistence of the discrete
population segment in an ecological
setting unusual or unique to the taxon,
(2) evidence that loss of the discrete
population segment would result in a
significant gap in the range of a taxon,
(3) evidence that the population
represents the only surviving natural
occurrence of a taxon that may be more
abundant elsewhere as an introduced
population outside of its historical
range, or (4) evidence that the
population differs markedly from other
populations of the species in its genetic
characteristics.
If a population segment is both
discrete and significant (i.e., it is a DPS)
its evaluation for endangered or
threatened status is based on the Act’s
definitions of those terms and a review
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Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Proposed Rules
of the factors listed in section 4(a) of the
Act. According to our DPS policy, it
may be appropriate to assign different
classifications to different DPSs of the
same vertebrate taxon.
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Previous Federal Actions
The southern Selkirk Mountains
population of woodland caribou was
emergency listed as endangered in
northeastern Washington, northern
Idaho, and southeastern British
Columbia under the Act on January 14,
1983 (48 FR 1722). A second emergency
rule to extend emergency protection was
published in the Federal Register on
October 25, 1983 (48 FR 49245). Final
listing as endangered occurred on
February 29, 1984 (49 FR 7390).
Notices of 90-day findings on two
previous petitions to delist the southern
Selkirk Mountains population of
woodland caribou were published in the
Federal Register on November 29, 1993
(58 FR 62623), and November 1, 2000
(65 FR 65287). Our response to both
petitions stated that the petitions did
not present substantial scientific or
commercial information indicating that
delisting of the population may be
warranted.
Based on a stipulated settlement
agreement resulting from a complaint on
a petition we received to designate
critical habitat for the endangered
southern Selkirk Mountains population
of woodland caribou (Defenders of
Wildlife et al., v. Salazar, CV–09–15–
EFS), we proposed critical habitat on
November 30, 2011 (76 FR 74018). Our
substantial 90-day finding on the
current petition to delist the southern
Selkirk Mountains population of
woodland caribou does not affect the
current listing status or our current
process underway to determine critical
habitat for the species at this time.
Finding
On the basis of our determination
under section 4(b)(3)(A) of the Act, we
find that the petition presents
substantial information that the
currently listed southern Selkirk
Mountains population of woodland
caribou may not be a listable entity
under our 1996 DPS policy. We will
reevaluate the significance of the
southern Selkirk Mountains population
to the taxon as a whole (i.e., the
woodland caribou subspecies), and if
necessary, the configuration and status
of any distinct population segments.
The ‘‘substantial information’’
standard for a 90-day finding, under
section 4(b)(3)(A) of the Act and 50 CFR
424.14(b) of our regulations, differs from
the Act’s ‘‘best scientific and
commercial data’’ standard that applies
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15:12 Dec 18, 2012
Jkt 229001
to a status review to determine whether
a petitioned action is warranted. A 90day finding does not constitute a status
review under the Act. In a 12-month
finding, we will determine whether a
petitioned action is warranted after we
have completed a thorough status
review 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
necessarily mean that the 12-month
finding will conclude that the
petitioned action is warranted. In other
words, we might determine that the
southern Selkirk Mountains population
is a valid DPS. However, if the 12month finding concludes that the
petitioned action is warranted, we
would then need to publish a proposed
rule, subject to peer review and public
comment, to initiate any change in the
Federal listing status of the current DPS.
In summary, the outcome of our status
review could result in: (1) No change in
the species’ listing status; (2) a
recommendation to delist the southern
Selkirk Mountains population; or (3) a
recommendation to list some different
configuration of the woodland caribou
subspecies.
With this substantial 90-day finding,
we initiate a status review of the
woodland caribou subspecies, and once
it is completed, we will make a finding
on whether delisting the southern
Selkirk Mountains population of
woodland caribou is warranted. Our
review will also evaluate the status of
the subspecies throughout its range and
assess whether alternative DPS
configurations of the subspecies are
warranted. This finding fulfills any
obligation under 16 U.S.C. 1533(b)(3)(A)
and the regulations at 50 CFR 424.14(b).
Author
The primary authors of this notice are
staff of the Idaho Fish and Wildlife
Office (see the FOR FURTHER INFORMATION
CONTACT section above).
Authority
The authority for this action is section
4 of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et
seq.).
Dated: December 10, 2012.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2012–30554 Filed 12–18–12; 8:45 am]
BILLING CODE 4310–55–P
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75093
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120404257–2692–01]
RIN 0648–BB58
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic States; Amendment 18B
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
implement Amendment 18B to the
Fishery Management Plan (FMP) for the
Snapper-Grouper Fishery of the South
Atlantic Region (Amendment 18B), as
prepared and submitted by the South
Atlantic Fishery Management Council
(Council). If implemented, this rule
would establish a longline endorsement
program for the commercial golden
tilefish component of the snappergrouper fishery; establish initial
eligibility requirements for a golden
tilefish longline endorsement; establish
an appeals process; allocate the
commercial golden tilefish annual catch
limit (ACL) among gear groups;
establish a procedure for the transfer of
golden tilefish endorsements; modify
the golden tilefish trip limits; and
establish a trip limit for commercial
fishermen who do not receive a golden
tilefish longline endorsement. The
intent of this rule is to reduce
overcapacity in the commercial golden
tilefish component of the snappergrouper fishery.
DATES: Written comments must be
received on or before January 18, 2013.
ADDRESSES: You may submit comments
on the proposed rule identified by
‘‘NOAA–NMFS–2012–0177’’ by any of
the following methods:
• Electronic submissions: Submit
electronic comments via the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
‘‘Instructions’’ for submitting comments.
• Mail: Karla Gore, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Proposed Rules]
[Pages 75091-75093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30554]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2012-0097; FXES11130900000C2-123-FF09E32000]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To Delist the Southern Selkirk Mountains Population of
Woodland Caribou
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding and initiation of status
review.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to delist the southern Selkirk Mountains
population of woodland caribou (Rangifer tarandus caribou) from the
Federal List of Endangered and Threatened Wildlife and Plants as
determined under the Endangered Species Act of 1973, as amended (Act).
Based on our review, we find that the petition presents substantial
information indicating that delisting this population of the woodland
caribou subspecies may be warranted. Therefore, with the publication of
this notice, we initiate a review of the status of the subspecies to
determine if delisting the southern Selkirk Mountains population of
woodland caribou is warranted. To ensure that this status review is
comprehensive, we are requesting scientific and commercial data and
other information regarding the status of the woodland caribou
subspecies (Rangifer tarandus caribou), the southern Selkirk Mountains
population of woodland caribou, the mountain ecotype of the woodland
caribou, and other possible woodland caribou distinct population
segment configurations. 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: We request that we receive scientific and commercial data and
other information pertinent to the petitioned action and the rangewide
status review of the subspecies on or before January 18, 2013. The
deadline for submitting information using the Federal eRulemaking
Portal (see the ADDRESSES section below) is 11:59 p.m. Eastern Time on
this date. After January 18, 2013, you must submit information directly
to the Division of Policy and Directives Management (see the ADDRESSES
section below). Please note that we might not be able to consider
information that we receive after the above requested date.
ADDRESSES: You may submit information by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. Search for FWS-R1-ES-2012-0097, which is the
docket number for this action. You may submit information for the
status review by clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R1-ES-2012-0097; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM: Arlington, VA 22203.
We will not accept emails or faxes. 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: Brian Kelly, State Supervisor, Idaho
Fish and Wildlife Office, 1387 S. Vinnell Way, Room 368, Boise, Idaho
83709; by telephone at 208-378-5243; or by facsimile at 208-378-5262.
If you use a telecommunications device for the deaf (TDD), call the
Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Request for Information
When we make a finding that a petition presents substantial
information indicating that listing, delisting, or reclassifying a
species may be warranted, we are required to promptly initiate review
of 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 woodland caribou subspecies
(Rangifer tarandus caribou), including the southern Selkirk Mountains
population and the mountain ecotype to which this
[[Page 75092]]
population belongs, from governmental agencies, Native American tribes,
the scientific community, industry, and any other interested parties.
We seek information on:
(1) The subspecies' biology, range, and population trends,
including:
(a) Habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, its
habitat, or both.
(2) Information relevant to whether the southern Selkirk Mountains
population of woodland caribou is in need of protections from the Act
and can be considered discrete and significant to the woodland
subspecies.
(3) Information relevant to whether some other subset of the
woodland caribou subspecies (for example, the mountain ecotype) is in
need of protections under the Act, and can be considered discrete and
significant to the subspecies.
Please include sufficient supporting documentation with your
submission (such as maps, scientific journal articles, or other
publications) to allow us to verify any scientific or commercial
information you provide.
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. 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.''
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 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 personal identifying information from
public review. However, we cannot guarantee that we will be able to do
so.
Information and supporting documentation that we received and used
in preparing this finding is available for review at https://www.regulations.gov at Docket No. FWS-R1-ES-2012-0097 or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service's Idaho Fish and Wildlife Office (see the FOR FURTHER
INFORMATION CONTACT section above).
Background
Section 4(b)(3)(A) of the Act (16 U.S.C. 1531 et seq.) 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 initiate a species status review, which we subsequently
summarize in our 12-month finding.
Petition History
On May 14, 2012, we received a petition dated May 9, 2012, from the
Pacific Legal Foundation, representing Bonner County, Idaho, and the
Idaho State Snowmobile Association, requesting that the southern
Selkirk Mountains population of woodland caribou (Rangifer tarandus
caribou) be removed from the Federal List of Endangered and Threatened
Wildlife and Plants. The petition clearly identified itself as such and
included the requisite identification information for the petitioners,
as required by 50 CFR 424.14(a).
The petition asserted that we did not correctly apply the 1996
distinct population segment (DPS) policy in our 2008 5-year status
review of the southern Selkirk Mountains population. Specifically, the
petition questioned the analysis of discreteness and significance of
this population to the mountain ecotype of woodland caribou, not the
woodland caribou subspecies (i.e., the taxon to which it belongs),
which the petitioners assert would be the appropriate interpretation of
the DPS policy. As such, the petition asserted that the southern
Selkirk Mountains DPS is not a listable entity, and therefore our
listing of the population violates the Act. We acknowledge that
information provided in the petition on the appropriateness of our DPS
analysis in our 2008 status review warrants a more thorough review.
Distinct Population Segment Policy
Section 3(15) of the Act defines a ``species'' to include ``* * *
any subspecies of fish or wildlife or plants, and any distinct
population segment of any species of vertebrate fish or wildlife which
interbreeds when mature.'' The National Marine Fisheries Service (NMFS)
and the Service published a joint policy defining the phrase ``distinct
population segment'' on February 7, 1996 (61 FR 4722) (DPS policy).
According to the DPS policy, two elements must be satisfied in order
for a population segment to qualify as a DPS: discreteness and
significance. If a population segment qualifies as a DPS, the
conservation status of that DPS is evaluated to determine whether it is
threatened or endangered.
A population segment of a vertebrate species 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; or (2) it is delimited by international governmental
boundaries within which differences in control of exploitation,
management of habitat, conservation status, or regulatory mechanisms
exist that are significant in light of section 4(a)(1)(D) of the Act.
If a population is found to be discrete, then it is evaluated for
significance under the DPS policy on the basis of its importance to the
taxon to which it belongs. This consideration may include, but is not
limited to, the following: (1) Persistence of the discrete population
segment in an ecological setting unusual or unique to the taxon, (2)
evidence that loss of the discrete population segment would result in a
significant gap in the range of a taxon, (3) evidence that the
population represents the only surviving natural occurrence of a taxon
that may be more abundant elsewhere as an introduced population outside
of its historical range, or (4) evidence that the population differs
markedly from other populations of the species in its genetic
characteristics.
If a population segment is both discrete and significant (i.e., it
is a DPS) its evaluation for endangered or threatened status is based
on the Act's definitions of those terms and a review
[[Page 75093]]
of the factors listed in section 4(a) of the Act. According to our DPS
policy, it may be appropriate to assign different classifications to
different DPSs of the same vertebrate taxon.
Previous Federal Actions
The southern Selkirk Mountains population of woodland caribou was
emergency listed as endangered in northeastern Washington, northern
Idaho, and southeastern British Columbia under the Act on January 14,
1983 (48 FR 1722). A second emergency rule to extend emergency
protection was published in the Federal Register on October 25, 1983
(48 FR 49245). Final listing as endangered occurred on February 29,
1984 (49 FR 7390).
Notices of 90-day findings on two previous petitions to delist the
southern Selkirk Mountains population of woodland caribou were
published in the Federal Register on November 29, 1993 (58 FR 62623),
and November 1, 2000 (65 FR 65287). Our response to both petitions
stated that the petitions did not present substantial scientific or
commercial information indicating that delisting of the population may
be warranted.
Based on a stipulated settlement agreement resulting from a
complaint on a petition we received to designate critical habitat for
the endangered southern Selkirk Mountains population of woodland
caribou (Defenders of Wildlife et al., v. Salazar, CV-09-15-EFS), we
proposed critical habitat on November 30, 2011 (76 FR 74018). Our
substantial 90-day finding on the current petition to delist the
southern Selkirk Mountains population of woodland caribou does not
affect the current listing status or our current process underway to
determine critical habitat for the species at this time.
Finding
On the basis of our determination under section 4(b)(3)(A) of the
Act, we find that the petition presents substantial information that
the currently listed southern Selkirk Mountains population of woodland
caribou may not be a listable entity under our 1996 DPS policy. We will
reevaluate the significance of the southern Selkirk Mountains
population to the taxon as a whole (i.e., the woodland caribou
subspecies), and if necessary, the configuration and status of any
distinct population segments.
The ``substantial information'' standard for a 90-day finding,
under section 4(b)(3)(A) of the Act and 50 CFR 424.14(b) of our
regulations, differs from the Act's ``best scientific and commercial
data'' standard that applies to a status review to determine whether a
petitioned action is warranted. A 90-day finding does not constitute a
status review under the Act. In a 12-month finding, we will determine
whether a petitioned action is warranted after we have completed a
thorough status review 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 necessarily mean that the 12-month finding will
conclude that the petitioned action is warranted. In other words, we
might determine that the southern Selkirk Mountains population is a
valid DPS. However, if the 12-month finding concludes that the
petitioned action is warranted, we would then need to publish a
proposed rule, subject to peer review and public comment, to initiate
any change in the Federal listing status of the current DPS. In
summary, the outcome of our status review could result in: (1) No
change in the species' listing status; (2) a recommendation to delist
the southern Selkirk Mountains population; or (3) a recommendation to
list some different configuration of the woodland caribou subspecies.
With this substantial 90-day finding, we initiate a status review
of the woodland caribou subspecies, and once it is completed, we will
make a finding on whether delisting the southern Selkirk Mountains
population of woodland caribou is warranted. Our review will also
evaluate the status of the subspecies throughout its range and assess
whether alternative DPS configurations of the subspecies are warranted.
This finding fulfills any obligation under 16 U.S.C. 1533(b)(3)(A) and
the regulations at 50 CFR 424.14(b).
Author
The primary authors of this notice are staff of the Idaho Fish and
Wildlife Office (see the FOR FURTHER INFORMATION CONTACT section
above).
Authority
The authority for this action is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: December 10, 2012.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2012-30554 Filed 12-18-12; 8:45 am]
BILLING CODE 4310-55-P
