Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination for the Proposed Listing and Designation of Critical Habitat for Four Subspecies of Mazama Pocket Gopher, 54218-54221 [2013-21376]
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Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Proposed Rules
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any particular portion of its range.
Although likely impacted by
development in the past, we have no
information to suggest that ongoing or
future development poses a threat to
this subspecies, and beneficial
management plans are in place for some
of the larger populations of the Shelton
pocket gopher. The full threats analysis
for the Shelton pocket gopher is
provided in the proposed rule published
December 11, 2012 (77 FR 73770).
The Shelton pocket gopher is not
currently affected by many of the threats
that have had severe impacts on other
Washington subspecies of Mazama
pocket gopher, such as habitat loss due
to residential or commercial
development, encroachment of woody
vegetation, or predation by cats and
dogs. We have no evidence that the
Shelton pocket gopher is experiencing
population-level effects from the factors
identified, and new local populations of
the subspecies have been identified.
Based on the best available information,
we conclude that the factors impacting
the Shelton pocket gopher are relatively
minor and that the subspecies is not
currently in danger of extinction, or
likely to become so within the
foreseeable future. For these reasons and
those discussed in the proposed rule
previously (December 11, 2012; 77 FR
73770), we find that the Shelton pocket
gopher (Thomomys mazama couchi)
does not meet the definition of an
endangered or a threatened species and
does not warrant listing under the Act.
Therefore, we remove the Shelton
pocket gopher (T. m. couchi) from the
candidate list.
Removal of the Cathlamet Pocket
Gopher From the Candidate List
The Cathlamet pocket gopher occurs
in low-elevation meadow-type areas in
Wahkiakum County. The subspecies is
found in a limited-extent soil type on
commercial timber lands. In the
Service’s review of this subspecies
previously (USFWS 2010, pp. 5–6), it
was characterized as likely extinct.
However, based on our further review of
information, we determined that further
surveys of the type locality and
surrounding area are needed to
determine the status of this subspecies,
as thorough surveys of all potential
habitat were never conducted. In
addition, land use within the type
locality has remained the same since the
subspecies was discovered in 1949
(Gardner 1950), suggesting that threats
such as residential development,
predation by cats or dogs, or control as
a pest species have not impacted the
Cathlamet pocket gopher, such that the
subspecies may remain extant. The full
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threats analysis for the Cathlamet pocket
gopher is provided in the proposed rule
published December 11, 2012 (73 FR
73770).
The range and distribution of the
Cathlamet pocket gopher has not been
completely surveyed, and its type
locality still exists. The available
evidence suggests that, due to the nature
of the area occupied by the subspecies
and the fact that land use has not
changed significantly since it was first
identified, any factors potentially
impacting the Cathlamet pocket gopher
are likely relatively minor and are not
restricted to any particular portion of its
range. For these reasons and those
discussed in the proposed rule
previously (December 11, 2012; 77 FR
73770), we have determined that the
Cathlamet pocket gopher (Thomomys
mazama louiei) does not meet the
definition of an endangered or a
threatened species and does not warrant
listing under the Act. Therefore, we
remove the Cathlamet pocket gopher (T.
m. louiei) from the candidate list.
References Cited
A complete list of references cited in
this rulemaking is available on the
Internet at https://www.regulations.gov
and upon request from the Washington
Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT).
Authors
The primary authors of this package
are the staff members of the Washington
Fish and Wildlife Office, Lacey,
Washington.
Authority
This notice is published under the
authority of the Endangered Species Act
of 1973, as amended (16 U.S.C. 1531 et
seq.).
Dated: August 21, 2013.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2013–21377 Filed 8–30–13; 8:45 am]
BILLING CODE 4310–55–P
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS–R1–ES–2012–0088;
FWS–R1–ES–2013–0021]
RIN 1018–AZ17; 1081–AZ37
Endangered and Threatened Wildlife
and Plants; 6-Month Extension of Final
Determination for the Proposed Listing
and Designation of Critical Habitat for
Four Subspecies of Mazama Pocket
Gopher
Fish and Wildlife Service,
Interior.
ACTION: Proposed rules; reopening of
comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce a
6-month extension of the final
determination of whether to list four
subspecies of Mazama pocket gopher
(Roy Prairie, Olympia, Tenino, and
Yelm) as threatened and reopen the
comment period on the proposed rule to
list and designate critical habitat for the
four subspecies. We are taking this
action because there is substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to the proposed listing and
critical habitat rule, making it necessary
to solicit additional information by
reopening the comment period for 45
days. In addition, we are considering
broadening the scope of the special rule
for the four subspecies proposed under
section 4(d) of the Endangered Species
Act, and specifically seek public
comment on this issue.
DATES: The comment period end date is
October 18, 2013. Please note comments
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES) must be entered no later
than 11:59 p.m. Eastern Time on the
closing date. Any comments we receive
after the closing date may not be
considered in the final decisions on
these actions.
ADDRESSES: You may submit written
comments by one of the following
methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. Search for Docket
Nos. FWS–R1–ES–2012–0088 (for
listing) or FWS–R1–ES–2013–0021 (for
designation of critical habitat), which
are the docket numbers for this
rulemaking.
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R1–ES–2012–
SUMMARY:
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Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Proposed Rules
0088 (for listing) or FWS–R1–ES–2013–
0021 (for designation of critical habitat);
Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Comments section below for
more information).
FOR FURTHER INFORMATION CONTACT: Ken
S. Berg, Manager, Washington Fish and
Wildlife Office, 510 Desmond Drive SE.,
Lacey, WA 98503; by telephone at 360–
753–9440; or by facsimile at 360–534–
9331. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
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Background
Proposed Listing of the Four Subspecies
of Mazama Pocket Gopher as
Threatened
On December 11, 2012, we published
a proposed rule (77 FR 73770) to list
four subspecies of Mazama pocket
gopher (Roy Prairie [Thomomys
mazama glacialis], Olympia [T. m.
pugetensis], Tenino [T. m. tumuli], and
Yelm [T. m. yelmensis]) as threatened,
and to designate critical habitat for these
four subspecies in Washington under
the Endangered Species Act of 1973, as
amended (Act) (16 U.S.C. 1531 et seq.).
For a description of previous Federal
actions concerning the Mazama pocket
gophers, please refer to the proposed
rule. In addition to the original 60-day
comment period associated with the
publication of the proposed rule, we
held two public information workshops
and one public hearing in April 2013,
and reopened the comment period for
an additional 30 days to accept
additional public comments (78 FR
20074; April 3, 2013). That comment
period closed on May 3, 2013.
Section 4(b)(6) of the Act requires that
we take one of three actions within 1
year of a proposed listing: (1) Finalize
the proposed listing; (2) withdraw the
proposed listing; or (3) extend the final
determination by not more than 6
months, if there is substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to the determination, for the
purposes of soliciting additional data.
Since the publication of the proposed
rule, there has been substantial
disagreement regarding the
interpretation of the available
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information used to determine the status
and trends of the four subspecies of
Mazama pocket gopher, and the extent
of threats to these subspecies. We
received comments from the
Washington Department of Fish and
Wildlife (WDFW), U.S. Department of
Agriculture Natural Resources
Conservation Service (NRCS), and
others that questioned the accuracy or
sufficiency of the available data we used
to assess the threat of various
agricultural and ranching activities to
the Mazama pocket gophers. Based on
subsequent discussions with the
Washington Department of Agriculture
and NRCS, we have determined that
these assertions may have some validity.
In collaboration with these agencies, we
are currently embarking on a process to
complete an assessment on previously
inaccessible private lands to more
clearly determine and clarify the
impacts of various agricultural and
ranching practices on the Mazama
pocket gophers. This information would
assist in addressing the substantial
uncertainty that exists regarding the
degree of threat posed by different
agricultural and ranching practices on
private lands. This 6-month extension
will allow the Service to ensure that we
have obtained all relevant information
from knowledgeable State and Federal
agencies, as well as other interested
parties, to better inform our final
decision.
Therefore, in consideration of the
disagreements surrounding the status of
the four subspecies of the Mazama
pocket gopher, we are extending the
final determination for up to 6 months
in order to solicit information that will
help to clarify these issues. We will
publish a final listing determination
and, if listing is warranted, a final
critical habitat designation in the
Federal Register on or before March 31,
2014. The Service’s work plan, which
was filed as part of the approved
settlement with the Wild Earth
Guardians in a consolidated case in the
U.S. District Court for the District of
Columbia, required the Service to issue
a proposed listing rule or not warranted
finding for the Washington State
Mazama pocket gopher subspecies by
the end of fiscal year 2012 and publish
final listing determinations in
accordance with the statutory deadlines.
The Service received an extension from
the court allowing us to deliver the
proposed rules or not warranted
findings to the Federal Register by
November 29, 2012. The order granting
the extension also committed the
Service to deliver the final
determinations to the Federal Register
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54219
by September 30, 2013, unless the
Service found there was substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to the listing determinations, in
which case the Service agreed to submit
final determinations for these
subspecies to the Federal Register on or
before March 31, 2014.
Public Comments
We will accept written comments and
information during this reopened
comment period on our proposed listing
and proposed designation of critical
habitat for the four subspecies of
Mazama pocket gopher that was
published in the Federal Register on
December 10, 2012 (77 FR 73770). We
will consider information and
recommendations from all interested
parties. We intend that any final action
resulting from this proposal be as
accurate as possible and based on the
best available scientific and commercial
data.
Therefore, in consideration of the
disagreements surrounding the status of
the four subspecies of Mazama pocket
gopher, we are extending the final
determination for up to 6 months in
order to solicit information that will
help to clarify these issues.
We are particularly interested in new
information regarding:
(1) Threats associated with
agricultural or ranching practices to
Mazama pocket gophers in Washington.
(2) Threats associated with highdensity commercial, industrial, and
residential development or urbanization
to Mazama pocket gophers in
Washington.
(3) Distribution and relative
abundance of Mazama pocket gophers,
including maps and survey information,
in Washington.
Please note that we are taking
comments on the proposed listing and
the proposed critical habitat under
separate Docket Numbers for the final
rulemaking. For comments relevant to
the proposed listing, please refer to
Docket No. FWS–R1–ES–2012–0088.
For comments relevant to the proposed
critical habitat, please refer to Docket
No. FWS–R1–ES–2013–0021. Proposed
4(d) Special Rule for the Four
Subspecies of Mazama Pocket Gopher—
Additional Provisions Under
Consideration
We are also taking this opportunity to
reevaluate our proposed 4(d) special
rule published in the Federal Register
on December 11, 2012 (77 FR 73770),
based on comments received to date,
and are seeking additional input from
the public. Under the authority of
section 4(d) of the Act, the Secretary
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Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Proposed Rules
may publish a special rule that modifies
the standard protections for threatened
species with special measures tailored
to the conservation of the species that
are determined to be necessary and
advisable to provide for the
conservation of the subspecies. As a
means to promote the conservation of
the four subspecies of Mazama pocket
gopher, we are proposing special rules
for these subspecies under section 4(d)
of the Act. In the case of a special rule,
the general regulations (50 CFR 17.31
and 17.71) applying most prohibitions
under section 9 of the Act to threatened
species do not apply, and the special
rule contains the prohibitions necessary
and appropriate to conserve the species.
Note that a 4(d) special rule will not
remove or alter in any way the
consultation requirements under section
7 of the Act.
In the special rule for the four
subspecies of Mazama pocket gopher in
our proposed rule of December 11, 2012
(77 FR 73770), take of these subspecies
caused by restoration—and/or
maintenance-type activities by airports
on non-Federal lands and ongoing
single-family residential noncommercial
activities would be exempt from section
9 of the Act. These activities included
mechanical weed and grass removal on
airports. We also proposed to exempt
certain construction activities that occur
in already-developed sites within
single-family residential development
footprints. These included the
placement of above-ground fencing,
garden plots, children’s play equipment,
residential dog kennels, and storage
sheds and carports. In addition, we also
proposed to exempt certain normal
farming or ranching activities,
including: Grazing, routine fence and
structure maintenance, mowing,
herbicide use, burning, and other
routine activities. The intent of our
initial proposed special rule was to
allow certain activities anticipated to
have limited harmful impacts to
Mazama pocket gophers while
encouraging landowners to continue to
maintain those areas that are not only
important for airport safety, agricultural
use, and restoration activities, but also
provide habitat for the four Thurston/
Pierce subspecies of Mazama pocket
gopher. On Federal lands, airport
restoration and maintenance type
activities will be addressed through the
section 7 process should the subspecies
be listed. We received numerous
comments from the public during our
open comment periods regarding the
timing, extent, and methods used to
carry out these various activities and are
revisiting our previous restrictions
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associated with our proposed 4d special
rule.
We see meaningful opportunities to
conserve the four subspecies of Mazama
pocket gopher by allowing and
promoting ongoing, and possibly new,
activities on non-Federal lands that
contribute to the conservation of these
subspecies. The Service is continuing to
evaluate the range and scope of
activities that may be consistent with
the conservation of the gophers and the
range of options for providing ‘‘take’’
coverage (e.g., special rules, Habitat
Conservation Plans, Safe Harbor
Agreements, and other types of
conservation agreements) for nonFederal landowners conducting these
activities that further Mazama pocket
gopher conservation. For example,
activities related to conservation
programs, or additional activities related
to ranching or agriculture (both
discussed in further detail below), may
be considered for take exemption.
Therefore, we are considering possible
additional provisions to the special rule,
and we particularly seek information
and comments regarding:
(1) What measures are necessary and
advisable for the conservation and
management of the Mazama pocket
gopher that are appropriate for a
proposed 4(d) special rule to encourage
landowners to manage their lands for
the benefit of the Mazama pocket
gophers.
(2) Information regarding the types of
activities that occur within Mazama
pocket gopher habitat and how they are
or can be implemented (e.g., timing,
extent) consistent with maintaining or
advancing conservation of the gophers.
(3) Whether the Service should
expand the scope of the 4(d) special rule
to allow incidental take of Mazama
pocket gophers if the take results from
implementation of a comprehensive
State conservation program or regional
or local conservation programs.
(4) Information concerning whether it
would be appropriate to include in the
4(d) special rule a provision for take of
Mazama pocket gophers in accordance
with applicable State law for
educational or scientific purposes, the
enhancement of propagation or survival
of the species, zoological exhibition,
and other conservation purposes
consistent with the Act.
(5) Additional provisions the Service
may wish to consider for a 4(d) special
rule in order to conserve, recover, and
manage the Mazama pocket gopher.
Please submit any comments related
to the proposed 4(d) special rule to
Docket No. FWS–R1–ES–2012–0088,
which pertains to the proposed listing of
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the four subspecies of Mazama pocket
gopher.
State, Regional, and Local Conservation
Programs
In addition to our original proposal
exempting take associated with certain
individual activities associated with
agricultural lands, airports, and singlefamily residential properties, the
Service is also considering exempting
take incidental to activities conducted
pursuant to a comprehensive State
conservation program or regional or
local conservation programs. We
anticipate that conservation programs
covered under such a 4(d) rule would
need to be developed and administered
by an entity having jurisdiction or
authority over the activities in the
program; would need to be approved by
the Service as adequately protective to
provide a conservation benefit to the
Mazama pocket gopher; and may need
to include adaptive management,
monitoring, and reporting components
sufficient to demonstrate that the
conservation objectives of the plan are
being met. For example, a
comprehensive conservation program
that has a clear mechanism for
enrollment of participating landowners
that want to manage their lands for the
benefit of the Mazama pocket gopher
may not be prohibited from taking
Mazama pocket gopher. In making its
determination, the Service would
consider:
(i) How the program addresses the
threats affecting the Mazama pocket
gophers within the program area;
(ii) How the program establishes
objective, measurable biological goals
and objectives for population and
habitat necessary to ensure a
conservation benefit, and provides the
mechanisms by which those goals and
objectives will be achieved;
(iii) How the program administrators
demonstrate the capability and funding
mechanisms for effectively
implementing all elements of the
conservation program, including
enrollment of participating landowners,
monitoring of program activities, and
enforcement of program requirements;
(iv) How the program employs an
adaptive management strategy to ensure
future program adaptation as necessary
and appropriate; and
(v) How the program includes
appropriate monitoring of effectiveness
and compliance.
The considerations presented here are
meant to encourage the development of
efforts to improve habitat conditions
and the status of the four subspecies of
Mazama pocket gopher across their
ranges. For the Service to approve
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coverage of a comprehensive, regional,
or local conservation program under the
4(d) special rule being considered, the
program must provide a conservation
benefit to Mazama pocket gophers.
Conservation, as defined in section 3(3)
of the Act, means ‘‘to use and the use
of all methods and procedures which
are necessary to bring any endangered
species or threatened species to the
point at which the measures provided
pursuant to the Act are no longer
necessary.’’ The program may also be
periodically reviewed by the Service to
determine that it continues to provide
the intended conservation benefit to the
Mazama pocket gophers. As a result of
this provision, the Service expects that
conservation actions will be
implemented with a high level of
certainty that the program will lead to
the long-term conservation of the four
subspecies of Mazama pocket gopher.
Agricultural and Ranching Activities
The Service is considering exempting
take of Mazama pocket gopher on nonFederal lands when those lands are
managed following technical guidelines
that have been developed in
coordination with a State or Federal
agency or agencies responsible for the
management and conservation of fish
and wildlife, or their agent(s), and that
has been determined by the Service to
provide a conservation benefit to
Mazama pocket gophers. Individual
non-Federal landowners following these
specific technical guidelines may be
exempted from take prohibitions.
Guidelines should incorporate
procedures, practice standards, and
conservation measures that promote the
continued existence of the four
subspecies of Mazama pocket gopher.
Ideally, appropriate guidelines would
be associated with a program that would
provide financial and technical
assistance to participating landowners
to implement specific conservation
measures beneficial to the Mazama
pocket gophers that also contribute to
the sustainability of landowners’
agricultural or ranching operations.
Conservation measures encompassed by
such a program should be consistent
with management or restoration of
prairie habitats for Mazama pocket
gophers and include brush management,
prescribed grazing, range planting,
prescribed burning, and set asides for
conservation areas.
We believe including such a provision
in a 4(d) special rule for agricultural and
ranching activities will promote
conservation of the species by
encouraging agricultural landowners
and ranchers with Mazama pocket
gophers to continue managing the
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remaining landscape in ways that meet
the needs of their operations while
simultaneously supporting suitable
habitat for the gophers as well as other
prairie-dependent species.
We will consider all comments and
information received during our
preparation of a final determination on
the status of the four subspecies and the
4(d) special rule, and, if appropriate, a
final designation of critical habitat.
Accordingly, the final decision may
differ from our original proposal.
If you previously submitted
comments or information on the
proposed rule during the two previously
open comment periods, please do not
resubmit them. We have incorporated
them into the public record, and we will
fully consider them in the preparation
of our final determination. Our final
determination concerning the proposed
listing and proposed designation of
critical habitat will take into
consideration all written comments and
any additional information we received.
You may submit your comments and
materials concerning the proposed rule
by one of the methods listed in
ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES.
If you submit a comment via https://
www.regulations.gov, your entire
comment—including any personal
identifying information—will be posted
on the Web site. We will post all
hardcopy comments on https://
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,
as well as supporting documentation we
used in preparing the proposed rule,
will be available for public inspection
on https://www.regulations.gov at Docket
No. FWS–R1–ES–2012–0088 and FWS–
R1–ES–2013–0021, or by appointment,
during normal business hours, at the
U.S. Fish and Wildlife Service,
Washington Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
You may obtain copies of the proposed
rule on the Internet at https://
www.regulations.gov at Docket No.
FWS–R1–ES–2012–0088, or by mail
from the Washington Fish and Wildlife
Office (see FOR FURTHER INFORMATION
CONTACT).
Authors
The primary authors of this notice are
the staff members of the Washington
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54221
Fish and Wildlife Office, Pacific Region,
U.S. Fish and Wildlife Service.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: August 21, 2013.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2013–21376 Filed 8–30–13; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2013–0092;
4500030113]
RIN 1018–AY77
Endangered and Threatened Wildlife
and Plants; 12-Month Finding on a
Petition to Downlist Hesperocyparis
abramsiana (=Cupressus abramsiana),
and Proposed Rule to Reclassify H.
abramsiana as Threatened
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule and 12-month
petition finding.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce a 12-month
finding on a petition to reclassify
Hesperocyparis abramsiana
(=Cupressus abramsiana) (Santa Cruz
cypress) as threatened under the
Endangered Species Act of 1973, as
amended (Act). After review of all
available scientific and commercial
information, we find that reclassifying
Santa Cruz cypress as threatened is
warranted, and therefore, we propose to
reclassify Santa Cruz cypress as
threatened under the Act. We also
propose to correct the scientific name of
Santa Cruz cypress on the List of
Endangered and Threatened Plants. We
are seeking information and comments
from the public regarding this proposed
rule and 12-month finding.
DATES: We will accept comments
received or postmarked on or before
November 4, 2013. We must receive
requests for public hearings, in writing,
at the address shown in the FOR FURTHER
INFORMATION CONTACT section by October
18, 2013.
ADDRESSES: Comment submission: You
may submit comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Proposed Rules]
[Pages 54218-54221]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21376]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS-R1-ES-2012-0088; FWS-R1-ES-2013-0021]
RIN 1018-AZ17; 1081-AZ37
Endangered and Threatened Wildlife and Plants; 6-Month Extension
of Final Determination for the Proposed Listing and Designation of
Critical Habitat for Four Subspecies of Mazama Pocket Gopher
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rules; reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
6-month extension of the final determination of whether to list four
subspecies of Mazama pocket gopher (Roy Prairie, Olympia, Tenino, and
Yelm) as threatened and reopen the comment period on the proposed rule
to list and designate critical habitat for the four subspecies. We are
taking this action because there is substantial disagreement regarding
the sufficiency or accuracy of the available data relevant to the
proposed listing and critical habitat rule, making it necessary to
solicit additional information by reopening the comment period for 45
days. In addition, we are considering broadening the scope of the
special rule for the four subspecies proposed under section 4(d) of the
Endangered Species Act, and specifically seek public comment on this
issue.
DATES: The comment period end date is October 18, 2013. Please note
comments submitted electronically using the Federal eRulemaking Portal
(see ADDRESSES) must be entered no later than 11:59 p.m. Eastern Time
on the closing date. Any comments we receive after the closing date may
not be considered in the final decisions on these actions.
ADDRESSES: You may submit written comments by one of the following
methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. Search for Docket Nos. FWS-R1-ES-2012-0088 (for
listing) or FWS-R1-ES-2013-0021 (for designation of critical habitat),
which are the docket numbers for this rulemaking.
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R1-ES-2012-
[[Page 54219]]
0088 (for listing) or FWS-R1-ES-2013-0021 (for designation of critical
habitat); Division of Policy and Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA
22203.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: Ken S. Berg, Manager, Washington Fish
and Wildlife Office, 510 Desmond Drive SE., Lacey, WA 98503; by
telephone at 360-753-9440; or by facsimile at 360-534-9331. Persons who
use a telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Proposed Listing of the Four Subspecies of Mazama Pocket Gopher as
Threatened
On December 11, 2012, we published a proposed rule (77 FR 73770) to
list four subspecies of Mazama pocket gopher (Roy Prairie [Thomomys
mazama glacialis], Olympia [T. m. pugetensis], Tenino [T. m. tumuli],
and Yelm [T. m. yelmensis]) as threatened, and to designate critical
habitat for these four subspecies in Washington under the Endangered
Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). For a
description of previous Federal actions concerning the Mazama pocket
gophers, please refer to the proposed rule. In addition to the original
60-day comment period associated with the publication of the proposed
rule, we held two public information workshops and one public hearing
in April 2013, and reopened the comment period for an additional 30
days to accept additional public comments (78 FR 20074; April 3, 2013).
That comment period closed on May 3, 2013.
Section 4(b)(6) of the Act requires that we take one of three
actions within 1 year of a proposed listing: (1) Finalize the proposed
listing; (2) withdraw the proposed listing; or (3) extend the final
determination by not more than 6 months, if there is substantial
disagreement regarding the sufficiency or accuracy of the available
data relevant to the determination, for the purposes of soliciting
additional data.
Since the publication of the proposed rule, there has been
substantial disagreement regarding the interpretation of the available
information used to determine the status and trends of the four
subspecies of Mazama pocket gopher, and the extent of threats to these
subspecies. We received comments from the Washington Department of Fish
and Wildlife (WDFW), U.S. Department of Agriculture Natural Resources
Conservation Service (NRCS), and others that questioned the accuracy or
sufficiency of the available data we used to assess the threat of
various agricultural and ranching activities to the Mazama pocket
gophers. Based on subsequent discussions with the Washington Department
of Agriculture and NRCS, we have determined that these assertions may
have some validity. In collaboration with these agencies, we are
currently embarking on a process to complete an assessment on
previously inaccessible private lands to more clearly determine and
clarify the impacts of various agricultural and ranching practices on
the Mazama pocket gophers. This information would assist in addressing
the substantial uncertainty that exists regarding the degree of threat
posed by different agricultural and ranching practices on private
lands. This 6-month extension will allow the Service to ensure that we
have obtained all relevant information from knowledgeable State and
Federal agencies, as well as other interested parties, to better inform
our final decision.
Therefore, in consideration of the disagreements surrounding the
status of the four subspecies of the Mazama pocket gopher, we are
extending the final determination for up to 6 months in order to
solicit information that will help to clarify these issues. We will
publish a final listing determination and, if listing is warranted, a
final critical habitat designation in the Federal Register on or before
March 31, 2014. The Service's work plan, which was filed as part of the
approved settlement with the Wild Earth Guardians in a consolidated
case in the U.S. District Court for the District of Columbia, required
the Service to issue a proposed listing rule or not warranted finding
for the Washington State Mazama pocket gopher subspecies by the end of
fiscal year 2012 and publish final listing determinations in accordance
with the statutory deadlines. The Service received an extension from
the court allowing us to deliver the proposed rules or not warranted
findings to the Federal Register by November 29, 2012. The order
granting the extension also committed the Service to deliver the final
determinations to the Federal Register by September 30, 2013, unless
the Service found there was substantial disagreement regarding the
sufficiency or accuracy of the available data relevant to the listing
determinations, in which case the Service agreed to submit final
determinations for these subspecies to the Federal Register on or
before March 31, 2014.
Public Comments
We will accept written comments and information during this
reopened comment period on our proposed listing and proposed
designation of critical habitat for the four subspecies of Mazama
pocket gopher that was published in the Federal Register on December
10, 2012 (77 FR 73770). We will consider information and
recommendations from all interested parties. We intend that any final
action resulting from this proposal be as accurate as possible and
based on the best available scientific and commercial data.
Therefore, in consideration of the disagreements surrounding the
status of the four subspecies of Mazama pocket gopher, we are extending
the final determination for up to 6 months in order to solicit
information that will help to clarify these issues.
We are particularly interested in new information regarding:
(1) Threats associated with agricultural or ranching practices to
Mazama pocket gophers in Washington.
(2) Threats associated with high-density commercial, industrial,
and residential development or urbanization to Mazama pocket gophers in
Washington.
(3) Distribution and relative abundance of Mazama pocket gophers,
including maps and survey information, in Washington.
Please note that we are taking comments on the proposed listing and
the proposed critical habitat under separate Docket Numbers for the
final rulemaking. For comments relevant to the proposed listing, please
refer to Docket No. FWS-R1-ES-2012-0088. For comments relevant to the
proposed critical habitat, please refer to Docket No. FWS-R1-ES-2013-
0021. Proposed 4(d) Special Rule for the Four Subspecies of Mazama
Pocket Gopher--Additional Provisions Under Consideration
We are also taking this opportunity to reevaluate our proposed 4(d)
special rule published in the Federal Register on December 11, 2012 (77
FR 73770), based on comments received to date, and are seeking
additional input from the public. Under the authority of section 4(d)
of the Act, the Secretary
[[Page 54220]]
may publish a special rule that modifies the standard protections for
threatened species with special measures tailored to the conservation
of the species that are determined to be necessary and advisable to
provide for the conservation of the subspecies. As a means to promote
the conservation of the four subspecies of Mazama pocket gopher, we are
proposing special rules for these subspecies under section 4(d) of the
Act. In the case of a special rule, the general regulations (50 CFR
17.31 and 17.71) applying most prohibitions under section 9 of the Act
to threatened species do not apply, and the special rule contains the
prohibitions necessary and appropriate to conserve the species. Note
that a 4(d) special rule will not remove or alter in any way the
consultation requirements under section 7 of the Act.
In the special rule for the four subspecies of Mazama pocket gopher
in our proposed rule of December 11, 2012 (77 FR 73770), take of these
subspecies caused by restoration--and/or maintenance-type activities by
airports on non-Federal lands and ongoing single-family residential
noncommercial activities would be exempt from section 9 of the Act.
These activities included mechanical weed and grass removal on
airports. We also proposed to exempt certain construction activities
that occur in already-developed sites within single-family residential
development footprints. These included the placement of above-ground
fencing, garden plots, children's play equipment, residential dog
kennels, and storage sheds and carports. In addition, we also proposed
to exempt certain normal farming or ranching activities, including:
Grazing, routine fence and structure maintenance, mowing, herbicide
use, burning, and other routine activities. The intent of our initial
proposed special rule was to allow certain activities anticipated to
have limited harmful impacts to Mazama pocket gophers while encouraging
landowners to continue to maintain those areas that are not only
important for airport safety, agricultural use, and restoration
activities, but also provide habitat for the four Thurston/Pierce
subspecies of Mazama pocket gopher. On Federal lands, airport
restoration and maintenance type activities will be addressed through
the section 7 process should the subspecies be listed. We received
numerous comments from the public during our open comment periods
regarding the timing, extent, and methods used to carry out these
various activities and are revisiting our previous restrictions
associated with our proposed 4d special rule.
We see meaningful opportunities to conserve the four subspecies of
Mazama pocket gopher by allowing and promoting ongoing, and possibly
new, activities on non-Federal lands that contribute to the
conservation of these subspecies. The Service is continuing to evaluate
the range and scope of activities that may be consistent with the
conservation of the gophers and the range of options for providing
``take'' coverage (e.g., special rules, Habitat Conservation Plans,
Safe Harbor Agreements, and other types of conservation agreements) for
non-Federal landowners conducting these activities that further Mazama
pocket gopher conservation. For example, activities related to
conservation programs, or additional activities related to ranching or
agriculture (both discussed in further detail below), may be considered
for take exemption. Therefore, we are considering possible additional
provisions to the special rule, and we particularly seek information
and comments regarding:
(1) What measures are necessary and advisable for the conservation
and management of the Mazama pocket gopher that are appropriate for a
proposed 4(d) special rule to encourage landowners to manage their
lands for the benefit of the Mazama pocket gophers.
(2) Information regarding the types of activities that occur within
Mazama pocket gopher habitat and how they are or can be implemented
(e.g., timing, extent) consistent with maintaining or advancing
conservation of the gophers.
(3) Whether the Service should expand the scope of the 4(d) special
rule to allow incidental take of Mazama pocket gophers if the take
results from implementation of a comprehensive State conservation
program or regional or local conservation programs.
(4) Information concerning whether it would be appropriate to
include in the 4(d) special rule a provision for take of Mazama pocket
gophers in accordance with applicable State law for educational or
scientific purposes, the enhancement of propagation or survival of the
species, zoological exhibition, and other conservation purposes
consistent with the Act.
(5) Additional provisions the Service may wish to consider for a
4(d) special rule in order to conserve, recover, and manage the Mazama
pocket gopher.
Please submit any comments related to the proposed 4(d) special
rule to Docket No. FWS-R1-ES-2012-0088, which pertains to the proposed
listing of the four subspecies of Mazama pocket gopher.
State, Regional, and Local Conservation Programs
In addition to our original proposal exempting take associated with
certain individual activities associated with agricultural lands,
airports, and single-family residential properties, the Service is also
considering exempting take incidental to activities conducted pursuant
to a comprehensive State conservation program or regional or local
conservation programs. We anticipate that conservation programs covered
under such a 4(d) rule would need to be developed and administered by
an entity having jurisdiction or authority over the activities in the
program; would need to be approved by the Service as adequately
protective to provide a conservation benefit to the Mazama pocket
gopher; and may need to include adaptive management, monitoring, and
reporting components sufficient to demonstrate that the conservation
objectives of the plan are being met. For example, a comprehensive
conservation program that has a clear mechanism for enrollment of
participating landowners that want to manage their lands for the
benefit of the Mazama pocket gopher may not be prohibited from taking
Mazama pocket gopher. In making its determination, the Service would
consider:
(i) How the program addresses the threats affecting the Mazama
pocket gophers within the program area;
(ii) How the program establishes objective, measurable biological
goals and objectives for population and habitat necessary to ensure a
conservation benefit, and provides the mechanisms by which those goals
and objectives will be achieved;
(iii) How the program administrators demonstrate the capability and
funding mechanisms for effectively implementing all elements of the
conservation program, including enrollment of participating landowners,
monitoring of program activities, and enforcement of program
requirements;
(iv) How the program employs an adaptive management strategy to
ensure future program adaptation as necessary and appropriate; and
(v) How the program includes appropriate monitoring of
effectiveness and compliance.
The considerations presented here are meant to encourage the
development of efforts to improve habitat conditions and the status of
the four subspecies of Mazama pocket gopher across their ranges. For
the Service to approve
[[Page 54221]]
coverage of a comprehensive, regional, or local conservation program
under the 4(d) special rule being considered, the program must provide
a conservation benefit to Mazama pocket gophers. Conservation, as
defined in section 3(3) of the Act, means ``to use and the use of all
methods and procedures which are necessary to bring any endangered
species or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary.'' The program may
also be periodically reviewed by the Service to determine that it
continues to provide the intended conservation benefit to the Mazama
pocket gophers. As a result of this provision, the Service expects that
conservation actions will be implemented with a high level of certainty
that the program will lead to the long-term conservation of the four
subspecies of Mazama pocket gopher.
Agricultural and Ranching Activities
The Service is considering exempting take of Mazama pocket gopher
on non-Federal lands when those lands are managed following technical
guidelines that have been developed in coordination with a State or
Federal agency or agencies responsible for the management and
conservation of fish and wildlife, or their agent(s), and that has been
determined by the Service to provide a conservation benefit to Mazama
pocket gophers. Individual non-Federal landowners following these
specific technical guidelines may be exempted from take prohibitions.
Guidelines should incorporate procedures, practice standards, and
conservation measures that promote the continued existence of the four
subspecies of Mazama pocket gopher.
Ideally, appropriate guidelines would be associated with a program
that would provide financial and technical assistance to participating
landowners to implement specific conservation measures beneficial to
the Mazama pocket gophers that also contribute to the sustainability of
landowners' agricultural or ranching operations. Conservation measures
encompassed by such a program should be consistent with management or
restoration of prairie habitats for Mazama pocket gophers and include
brush management, prescribed grazing, range planting, prescribed
burning, and set asides for conservation areas.
We believe including such a provision in a 4(d) special rule for
agricultural and ranching activities will promote conservation of the
species by encouraging agricultural landowners and ranchers with Mazama
pocket gophers to continue managing the remaining landscape in ways
that meet the needs of their operations while simultaneously supporting
suitable habitat for the gophers as well as other prairie-dependent
species.
We will consider all comments and information received during our
preparation of a final determination on the status of the four
subspecies and the 4(d) special rule, and, if appropriate, a final
designation of critical habitat. Accordingly, the final decision may
differ from our original proposal.
If you previously submitted comments or information on the proposed
rule during the two previously open comment periods, please do not
resubmit them. We have incorporated them into the public record, and we
will fully consider them in the preparation of our final determination.
Our final determination concerning the proposed listing and proposed
designation of critical habitat will take into consideration all
written comments and any additional information we received.
You may submit your comments and materials concerning the proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit a comment via https://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
on the Web site. We will post all hardcopy comments on https://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, as well as supporting
documentation we used in preparing the proposed rule, will be available
for public inspection on https://www.regulations.gov at Docket No. FWS-
R1-ES-2012-0088 and FWS-R1-ES-2013-0021, or by appointment, during
normal business hours, at the U.S. Fish and Wildlife Service,
Washington Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT). You may obtain copies of the proposed rule on the Internet at
https://www.regulations.gov at Docket No. FWS-R1-ES-2012-0088, or by
mail from the Washington Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Authors
The primary authors of this notice are the staff members of the
Washington Fish and Wildlife Office, Pacific Region, U.S. Fish and
Wildlife Service.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: August 21, 2013.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-21376 Filed 8-30-13; 8:45 am]
BILLING CODE 4310-55-P
