Endangered and Threatened Wildlife and Plants; Removing Five Subspecies of Mazama Pocket Gopher From the Candidate List for Endangered and Threatened Species, 54214-54218 [2013-21377]
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Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Proposed Rules
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Issued in Washington, DC, on August 22,
2013 under authority delegated in 49 CFR
1.95.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2013–21370 Filed 8–30–13; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2012–0088;
4500030113]
RIN 1018–AZ17
Endangered and Threatened Wildlife
and Plants; Removing Five Subspecies
of Mazama Pocket Gopher From the
Candidate List for Endangered and
Threatened Species
PART 571—FEDERAL MOTOR
VEHICLE SAFETY STANDARDS
1. The authority citation for part 571
continues to read as follows:
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; supplemental
information.
SUMMARY:
AGENCY:
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Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
49 CFR 1.95.
2. Section 571.108 is amended by
revising S6.6.3 and adding S6.6.3.1 and
S6.6.3.2 to read as follows:
■
§ 571.108 Standard No. 108; Lamps,
reflective devices, and associated
equipment.
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S6.6.3 License plate holder. Each
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substantial plane surface on which to
mount the plate.
S6.6.3.1 Except as provided in
S6.6.3.2, the plane of the license plate
mounting surface and the plane on
which the vehicle stands must be
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above the horizon) and 15 degrees
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S6.6.3.2 For motorcycles on which
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We, the U.S. Fish and
Wildlife Service (Service), remove five
subspecies of Mazama pocket gopher
(Tacoma, Brush Prairie, Shelton,
Olympic, and Cathlamet) from the list of
candidates for listing as threatened or
endangered species under the
Endangered Species Act of 1973, as
amended. After review of the best
available scientific and commercial
information, we find that the Tacoma
pocket gopher is likely extinct; the
Brush Prairie pocket gopher was
misidentified as a subspecies of Mazama
pocket gopher and was added to the list
in error; and listing of the Shelton,
Olympic, and Cathlamet pocket gophers
is not warranted. However, we invite
the submission of any new information
concerning the status of, or threats to,
the Shelton, Olympic, or Cathlamet
pocket gophers or their habitats to our
Washington Fish and Wildlife Office
(see ADDRESSES section) whenever it
becomes available. New information
will help us monitor these three
subspecies of Mazama pocket gopher
and encourage their conservation. If an
emergency situation develops for any of
these three subspecies or any other
species, we will act to provide
immediate protection. We will continue
to monitor these three subspecies of
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Mazama pocket gopher as species of
concern.
ADDRESSES: This notice and supporting
documentation are available on the
internet at https://ecos.fws.gov/ecos/
indexPublic.do and https://
www.regulations.gov (Docket No. FWS–
R1–ES–2012–0088). Supporting
documentation for this determination is
also available for inspection, by
appointment, during normal business
hours at the U.S. Fish and Wildlife
Service, 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.
FOR FURTHER INFORMATION CONTACT: Ken
S. Berg, Manager, Washington Fish and
Wildlife Office (see ADDRESSES, above).
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
The Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq.)
(Act), requires that we identify species
of wildlife and plants that are
endangered or threatened, based on the
best available scientific and commercial
information. As defined in section 3 of
the Act, an endangered species is any
species which is in danger of extinction
throughout all or a significant portion of
its range, and a threatened species is
any species which is likely to become
an endangered species within the
foreseeable future throughout all or a
significant portion of its range. Through
the Federal rulemaking process, we add
species that meet these definitions to
the List of Endangered and Threatened
Wildlife at 50 CFR 17.11 or the List of
Endangered and Threatened Plants at 50
CFR 17.12. As part of this program, we
maintain a list of species that we regard
as candidates for listing. A candidate
species is one for which we have on file
sufficient information on biological
vulnerability and threats to support a
proposal to list as endangered or
threatened, but for which preparation
and publication of a proposal is
precluded by higher priority listing
actions. We may identify a species as a
candidate for listing after we have
conducted an evaluation of its status on
our own initiative, or after we have
made a positive finding on a petition to
list a species.
We maintain this list of candidates for
a variety of reasons: To notify the public
that these species are facing threats to
their survival; to provide advance
knowledge of potential listings that
could affect decisions of environmental
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planners and developers; to provide
information that may stimulate and
guide conservation efforts that will
remove or reduce threats to these
species and possibly make listing
unnecessary; to request input from
interested parties to help us identify
those candidate species that may not
require protection under the Act or
additional species that may require the
Act’s protections; and to request
necessary information for setting
priorities for preparing listing proposals.
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Previous Federal Actions for Mazama
Pocket Gophers
On December 11, 2012, we published
a proposed rule (77 FR 73770) to list
four subspecies of Mazama pocket
gopher as threatened under the Act and
to designate critical habitat for these
four subspecies in the State of
Washington. In that document, we used
the general term ‘‘Mazama pocket
gopher’’ to refer collectively only to
those subspecies of Thomomys mazama
that occur in the State of Washington.
The four subspecies we proposed for
listing and designation were Roy Prairie
(Thomomys mazama glacialis), Olympia
(T. m. pugetensis), Tenino (T. m.
tumuli), and Yelm (T. m. yelmensis). We
also determined at that time that the
Tacoma pocket gopher (T. m.
tacomensis) is extinct, that the Brush
Prairie pocket gopher (T. m. douglasii)
is not a subspecies of Thomomys
mazama and was added to the
candidate list without basis, and that
the listing of three other subspecies of
Mazama pocket gopher (Olympic [T. m.
melanops], Cathlamet [T. m. louiei], and
Shelton [T. m. couchi]) is not warranted,
and proposed to remove all five entities
from our candidate list. For a
description of previous Federal actions
concerning the Mazama pocket gophers,
please refer to the proposed rule
(December 11, 2012; 77 FR 73770).
Summary of Comments and
Recommendations
We requested written comments from
the public on the proposed rule to list
four subspecies of Mazama pocket
gopher during two comment periods:
The first opened December 12, 2012,
and closed February 11, 2013, and the
second opened April 3, 2013, and
closed May 3, 2013 (78 FR 20074; April
3, 2013). During these open comment
periods, we received comments from
one of the peer reviewers, the State, and
one private citizen regarding the five
other subspecies of Mazama pocket
gopher that we determined to be not
warranted for listing under the Act.
Below we address those comments that
were relevant to these five subspecies.
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We fully considered all substantive
information offered; however, none of
the comments that we received changed
our initial determination for these five
subspecies described in the December
11, 2012, proposed rule (77 FR 73770).
Comments From Peer Reviewers
(1) Comment: A peer reviewer
disagreed with our statement that it is
not possible to conclusively determine
that Brush Prairie pocket gopher is not
T. mazama. This peer reviewer then
provided a narrative that detailed the
history of the taxonomic status of Brush
Prairie pocket gopher, concluding that
T. talpoides douglasii is clearly
distinguishable from T. mazama using
standard, scientifically accepted
morphological characteristics to
separate the species.
Our Response: We appreciate this
account of the taxonomic status of
Brush Prairie pocket gopher and the
clarification in support of the taxonomic
separation of the two species in our
proposed determination. We have
incorporated this information into our
final determination for the Brush Prairie
pocket gopher, below.
(2) Comment: A peer reviewer was
concerned that our determination that
the Tacoma pocket gopher is likely
extinct may be premature. The peer
reviewer stated that the ‘‘historical
locations’’ are likely highly biased and
certainly few in number, so the lack of
appropriate habitat at those sites today
does not mean that such habitat, and
potential populations, do not occur
elsewhere.
Our Response: The presumption of
extinction for the Tacoma pocket gopher
is based on well-documented habitat
loss due to intense urban development,
repeated negative surveys of known
historical locations, and negative
surveys of potentially suitable habitat
throughout the subspecies’ known range
(for details, see our proposed rule dated
December 11, 2012; 77 FR 73770, pp.
73773–73774). The State of Washington
has likewise concluded that, based on
extensive survey efforts over the past
few decades and the observed loss and
fragmentation of habitat, the Tacoma
pocket gopher is likely extinct, the last
record of this subspecies having been
reported in 1974 (Stinson 2013, pp. 24–
25).
Comments From the State
We received comments from the
Washington Department of Fish and
Wildlife (WDFW) and the Washington
Department of Natural Resources
(WDNR) related to biological
information, threats, and
recommendations for the management
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of habitat for one or more of these five
subspecies.
On February 11, 2013, during our first
public comment period, we received
comments from WDFW on our proposed
rule. We discussed these comments in a
series of meetings. On April 19, 2013,
during our second comment period on
the proposed rule, we received
additional comments from WDFW
indicating appreciation for our
responsiveness to their initial concerns
and clarifying their perspective as a
result of the productive conversations
between our organizations. Below are
our responses to the initial comment
letter.
(3) Comment: WDFW asserted that it
is difficult to argue that the Cathlamet
pocket gopher still exists given it has
not been found for more than 60 years,
and recent surveys were conducted in
2012. They asserted that the Service
used similar logic to conclude that the
Tacoma pocket gopher is likely
extirpated.
Our Response: The Service made the
determination that the Cathlamet pocket
gopher may still be extant based on the
historically sporadic survey effort for
the subspecies at the single site from
which it was identified, and the lack of
any survey effort across potentially
suitable habitat in the surrounding area
or even the extent of the soil type from
which the type specimen was originally
collected. This determination is in
contrast to our presumption of
extinction for the Tacoma pocket
gopher, which is based on evidence
from extensive survey efforts for the
subspecies across suitable habitat and
historical sites over many years, as well
as the observed loss and fragmentation
of its habitat to development (see also
our response to Peer Review Comment
2, above). Based on our review of the
best scientific and commercial data
available, we have made different
conclusions for the Cathlamet pocket
gopher than for the Tacoma pocket
gopher because surveys of all potential
habitat have never been conducted for
the Cathlamet pocket gopher. Land use
has remained essentially the same since
the type locality was discovered in
1949, which suggests that Cathlamet
pocket gophers have not been affected
by factors such as extensive residential
development or the development of
gravel mining operations. Consequently,
we are not prepared to declare the
species extinct (December 11, 2012; 77
FR 73770, p. 73776). In summary, as
discussed in our proposed rule, unlike
the four Thurston/Pierce subspecies of
Mazama pocket gopher proposed for
listing, we have no information to
suggest that the Cathlamet pocket
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gopher is similarly impacted by threats
such as development, military training,
or control as a pest species. Therefore,
we have concluded that the Cathlamet
pocket gopher does not meet the
definition of threatened or endangered
under the Act, and does not warrant
listing (December 11, 2012; 77 FR
73770, p. 73790).
(4) Comment: WDNR acknowledged
that factors affecting the conservation
status of the Olympic pocket gopher are
significantly different from those
affecting the four Thurston/Pierce
subspecies of Mazama pocket gopher
proposed for listing, but believed its
status is not, however, significantly
different. WDNR believed the Olympic
pocket gopher is confined to a very
small and fragmented range, available
habitat continues to be reduced by
encroachment of woody species,
population numbers are very low, and
surviving animals face a theoretical, but
likely, threat of predation by coyotes.
Our Response: We appreciate the
comments from WDNR, but we did not
receive any data in association with
their comments to support the claims
made. In response to WDNR’s comment,
the Service contacted Olympic National
Park researchers directly and requested
any quantifiable data relating to a
number of factors, including
encroachment of woody species into
known occupied habitat, predation,
extirpation, or manmade threats. We did
not receive any data providing evidence
that the Olympic pocket gopher faces
population-level threats from factors
such as predation by coyotes, thus we
were unable to identify any metric that
led us to conclude that the Olympic
pocket gopher is threatened with
extinction now or within the foreseeable
future. The Olympic pocket gopher
occurs entirely within the boundary of
Olympic National Park and is secure
from many of the threats facing the
other Washington subspecies proposed
for listing. Our review of the best
scientific and commercial data available
indicates that any factors that may be
impacting the Olympic pocket gopher
are relatively minor and are not
resulting in population-level effects.
Based on this review and as described
in detail in the proposed rule (December
11, 2012; 73 FR 73770), we conclude
that the Olympic pocket gopher does
not meet the definitions of an
endangered or threatened species under
the Act.
(5) Comment: Both WDNR and
WDFW commented that available
habitat for the Olympic pocket gopher
appears to continue to be reduced due
to invasion by woody vegetation. In
addition, WDFW asserted that
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encroachment of woody vegetation is
likely impacting the Shelton and
Cathlamet pocket gophers. They stated
that the succession to forest that
eliminates habitat is much more
prevalent in Mason County than in
Thurston and Pierce counties, and
Scot’s broom (Cytisus scoparius) is also
a problem.
Our Response: Although we
acknowledge that woody vegetation
encroachment could be a threat, we
have not located nor been provided any
data with which to quantify this
potential threat to the Olympic, Shelton,
or Cathlamet pocket gophers. However,
we encourage collection of data on
encroachment of woody vegetation to
monitor this potential threat to these
subspecies.
(6) Comment: WDFW suggested that
conversion from forest cover to
development is likely to reduce the
availability of potentially suitable
habitat for the Shelton pocket gopher in
Mason County in the future. However,
WDFW also pointed out that recent
openings created by timber harvest can
result in suitable, but currently
ephemeral, habitat for Shelton pocket
gophers.
Our Response: In making our
determination, the Service considers
whether threats to the species are such
that the species is presently in danger of
extinction (endangered) or likely to
become so within the foreseeable future
(threatened). Although we agree that
loss of suitable habitat from conversion
of forest land to development has the
potential to negatively impact
individuals of the Shelton pocket
gopher, we have no evidence to suggest
that the severity or rate of development
in Mason County in the future rises to
the level of a population-level threat
such that the subspecies as a whole is
presently in danger of extinction, or will
become threatened with extinction
within the foreseeable future (see
analysis in our proposed rule, December
11, 2012; 77 FR 73770, p. 73778).
(7) Comment: WDFW stated that the
summary statement for Factor E in our
threats analysis for all nine subspecies
was not well supported. Specifically,
they indicate no evidence was presented
in the proposal to support the
occurrence of ‘‘reductions in population
size, loss of genetic diversity, reduced
gene flow among populations,
destruction of population structure, and
increased susceptibility to local
population extirpation.’’
Our Response: It is true that few to no
data support changing trends in
population numbers for Mazama pocket
gophers. What is clear is that suitable
habitat for some subspecies of Mazama
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pocket gopher is increasingly lost to
development, fragmented, reduced, or
completely eliminated, and that
connective habitat corridors allowing
for gene flow have been permanently
lost through conversion to incompatible
land uses. Based on the evidence from
the extinction of the Tacoma pocket
gopher, the Service infers that when
habitat or connective corridors are lost
to development, the opportunity for
recolonization of previously occupied
habitat patches is also lost, leading to a
reduction in gene flow between
populations and reduced population
numbers. However, we have no
evidence to suggest that these factors are
affecting the Olympic, Shelton, or
Cathlamet subspecies of Mazama pocket
gopher to a degree that makes them in
danger of extinction at the present time,
or likely to become endangered within
the foreseeable future. We also refer
readers to the proposed rule (December
11, 2012; 77 FR 73770, pp. 73786–
73789) for citations supporting the
concluding statement under factor E.
(8) Comment: WDFW indicates the
following statement ‘‘this subspecies
[Shelton pocket gopher] is highly
restricted in its range, the few threats
identified occur throughout its range,
and the threats are not restricted to any
portion of its range’’ could apply to any
and all of the Mazama pocket gopher
subspecies in Washington. The only
exception is that military training affects
some of the Thurston and Pierce
subspecies and not others. Thus they
were not sure how this could be used as
an argument against listing the Shelton
pocket gopher.
Our Response: Our determination of
‘‘not warranted’’ was based on whether
or not the threats were active, not the
similarity to threats affecting other
subspecies of pocket gopher. However,
we have no evidence to suggest that
these factors are affecting the Shelton
subspecies of Mazama pocket gopher to
a degree that makes them in danger of
extinction at the present time, or likely
to become endangered within the
foreseeable future (see our proposed
rule, December 11, 2012; 77 FR 73770,
pp. 73789–73790).
Findings
Here we affirm our final
determinations on the actions as stated
in the proposed rule (December 11,
2012; 77 FR 73770):
Removal of the Tacoma Pocket Gopher
From the Candidate List
The first identified specimen of the
Tacoma pocket gopher (Thomomys
mazama tacomensis) was collected in
1853 by Suckley and Cooper (1860) at
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Fort Steilacoom, but was first described
by Taylor (1919, pp. 169–171). Verts
and Carraway (2000, p. 1) recognize the
Tacoma pocket gopher as a separate
subspecies based on morphological
characteristics and distribution. Its
range spanned from Point Defiance in
Tacoma, south to Steilacoom, and
perhaps as far east as Puyallup. In 1920,
Tacoma pocket gophers were collected
in Parkland and there are subsequent
reports of gophers being caught in
Puyallup (Scheffer, unpubl. notes,
1957). Original collection sites were
long ago converted to residential and
suburban development, and one site is
now a gravel mining operation. By 1970,
Johnson (Johnson 1982, in litt.) believed
Tacoma pocket gophers were locally
extirpated. Surveys conducted in the
early 1990s by Steinberg (1996a), again
in 1998 (Stinson 2005, p. 120), and
during an extensive survey of historical
and potential habitat in the subspecies’
known range in 2011 (Tirhi 2012a, in
litt.) failed to relocate gophers at any of
the previously documented locations.
Surveys were conducted during the time
of year when gopher activity should
have been seen if gophers were present.
The soils series in the area of the
historical local populations are
Alderwood, Bellingham, Everett,
Nisqually, and Spanaway. The entire
historical area has been heavily
developed since the type locality for
this subspecies was found in 1918
(Taylor 1919, p. 169). Based on repeated
surveys of previously populated areas
where gophers have not been redetected
(Steinberg 1995; Tirhi 2012a, in litt.),
the lack of documented evidence of the
Tacoma pocket gopher over the last
three decades, and the lack of
appropriate habitat left at historical
locations, we conclude the Tacoma
pocket gopher is extinct. We, therefore,
remove the Tacoma pocket gopher (T.
m. tacomensis) from the candidate list.
Removal of the Brush Prairie Pocket
Gopher From the Candidate List
In our 2007 Notice of Review of
Native Species That Are Candidates for
Listing as Endangered or Threatened—
Candidate Notice of Review (CNOR) (72
FR 69034; December 6, 2007), we added
the Brush Prairie pocket gopher
(Thomomys mazama douglasii) to the
list of candidate species. The addition
was made following a review by the
State of Washington, which recognized
the Brush Prairie pocket gopher as a
subspecies of Thomomys mazama
instead of Thomomys talpoides based
on current (at the time) genetic data and
morphological features. At that time,
since all of the subspecies of Mazama
pocket gophers in the State of
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Washington were considered candidates
for listing, the Service accepted the
classification of the Brush Prairie pocket
gopher as a subspecies of the Mazama
pocket gopher and added it to the
candidate list without additional
evaluation.
We have now further investigated the
genetic and morphological information
originally used to add the subspecies to
the candidate list based on the
presumption that it was a Mazama
pocket gopher (Kenagy 2012, pers.
comm.; Paulson 2012, pers. comm.;
Welch 2012a, b, in litt.). In our proposed
rule (December 11, 2012; 77 FR 73770,
p. 73774), we pointed to the lack of
evidence to support the conclusion that
the Brush Prairie pocket gopher is in
fact a subspecies of Thomomys
mazama, and additionally noted that
Verts and Carraway (2000, p. 1) do not
recognize the Brush Prairie pocket
gopher as a member of T. mazama. Peer
review of our proposed rule provided
definitive support of our conclusion that
the Brush Prairie pocket gopher is not
a subspecies of the Mazama pocket
gopher. Therefore, based upon review of
the best scientific and commercial data
available, we no longer believe the
Brush Prairie pocket gopher is a member
of the species T. mazama.
The Service erred by failing to
conduct a separate five-factor threats
analysis when we added the Brush
Prairie pocket gopher to the candidate
list as Thomomys mazama douglasii,
and we now believe it was added in
error and without basis. The Brush
Prairie pocket gopher was added to the
candidate list in 2007 based purely on
the presumption that it was a
Washington subspecies of Mazama
pocket gopher, and because all other
Washington subspecies of Mazama
pocket gophers were candidates. As
such, we believe it was added to the
candidate list in error. We, therefore,
remove the Brush Prairie pocket gopher
(T. m. douglasii) from the candidate list.
Removal of the Olympic Pocket Gopher
From the Candidate List
The Olympic pocket gopher occupies
isolated alpine meadows in the Olympic
National Park in Clallam County. We
find that the effects due to small or
isolated populations have likely had
some negative impacts to the
subspecies; however, we have no
information to suggest that these
impacts rise to the level such that the
subspecies is in danger of extinction or
likely to become so within the
foreseeable future. This species also
exhibits low genetic diversity; however,
again we have no evidence to suggest
that the consequences of this are such
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that the subspecies is in danger of
extinction, or likely to become so within
the foreseeable future. This subspecies
is highly restricted in its range, the few
factors potentially impacting the
subspecies occur throughout its range,
and these factors are not restricted to
any particular portion of its range.
However, none of the impacts faced by
the Olympic pocket gopher are
particularly grave or immediate, such
that would lead us to conclude that the
subspecies is presently in danger of
extinction or likely to become so within
the foreseeable future, and we do not
have information to suggest that the
subspecies is suffering from any recent
declines in abundance or distribution
(see the proposed rule for the full
threats analysis of the Olympic pocket
gopher, December 11, 2012; 77 FR
73770).
Occurring entirely within the
boundaries of a National Park, the
Olympic pocket gopher appears secure
from many of the threats facing the
other Washington subspecies of Mazama
pocket gophers, such as habitat loss to
development, encroachment by woody
vegetation, or predation by feral cats
and dogs. The best available information
indicates that the factors impacting the
Olympic pocket gopher are relatively
minor and are not resulting in
population-level effects such that the
subspecies is 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 Olympic
pocket gopher (Thomomys mazama
melanops) does not meet the definition
of an endangered or a threatened species
and does not warrant listing under the
Act. Therefore, we remove the Olympic
pocket gopher (T. m. melanops) from
the candidate list.
Removal of the Shelton Pocket Gopher
From the Candidate List
The Shelton pocket gopher used to
range across the open prairies and
grasslands of Mason County, and is now
also known to inhabit low-elevation
meadow-type areas in Mason County.
We find that the effects due to small or
isolated populations have likely had
some negative impacts to the
subspecies; however, we have no
information to suggest that these
impacts rise to the level such that the
subspecies is in danger of extinction or
likely to become so within the
foreseeable future. This subspecies is
highly restricted in its range, the few
factors potentially impacting the
subspecies occur throughout its range,
and these factors are not restricted to
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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
VerDate Mar<15>2010
14:11 Aug 30, 2013
Jkt 229001
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]
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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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Agencies
[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Proposed Rules]
[Pages 54214-54218]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21377]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2012-0088; 4500030113]
RIN 1018-AZ17
Endangered and Threatened Wildlife and Plants; Removing Five
Subspecies of Mazama Pocket Gopher From the Candidate List for
Endangered and Threatened Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; supplemental information.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), remove five
subspecies of Mazama pocket gopher (Tacoma, Brush Prairie, Shelton,
Olympic, and Cathlamet) from the list of candidates for listing as
threatened or endangered species under the Endangered Species Act of
1973, as amended. After review of the best available scientific and
commercial information, we find that the Tacoma pocket gopher is likely
extinct; the Brush Prairie pocket gopher was misidentified as a
subspecies of Mazama pocket gopher and was added to the list in error;
and listing of the Shelton, Olympic, and Cathlamet pocket gophers is
not warranted. However, we invite the submission of any new information
concerning the status of, or threats to, the Shelton, Olympic, or
Cathlamet pocket gophers or their habitats to our Washington Fish and
Wildlife Office (see ADDRESSES section) whenever it becomes available.
New information will help us monitor these three subspecies of Mazama
pocket gopher and encourage their conservation. If an emergency
situation develops for any of these three subspecies or any other
species, we will act to provide immediate protection. We will continue
to monitor these three subspecies of Mazama pocket gopher as species of
concern.
ADDRESSES: This notice and supporting documentation are available on
the internet at https://ecos.fws.gov/ecos/indexPublic.do and https://www.regulations.gov (Docket No. FWS-R1-ES-2012-0088). Supporting
documentation for this determination is also available for inspection,
by appointment, during normal business hours at the U.S. Fish and
Wildlife Service, 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.
FOR FURTHER INFORMATION CONTACT: Ken S. Berg, Manager, Washington Fish
and Wildlife Office (see ADDRESSES, above). 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
The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.) (Act), requires that we identify species of wildlife and plants
that are endangered or threatened, based on the best available
scientific and commercial information. As defined in section 3 of the
Act, an endangered species is any species which is in danger of
extinction throughout all or a significant portion of its range, and a
threatened species is any species which is likely to become an
endangered species within the foreseeable future throughout all or a
significant portion of its range. Through the Federal rulemaking
process, we add species that meet these definitions to the List of
Endangered and Threatened Wildlife at 50 CFR 17.11 or the List of
Endangered and Threatened Plants at 50 CFR 17.12. As part of this
program, we maintain a list of species that we regard as candidates for
listing. A candidate species is one for which we have on file
sufficient information on biological vulnerability and threats to
support a proposal to list as endangered or threatened, but for which
preparation and publication of a proposal is precluded by higher
priority listing actions. We may identify a species as a candidate for
listing after we have conducted an evaluation of its status on our own
initiative, or after we have made a positive finding on a petition to
list a species.
We maintain this list of candidates for a variety of reasons: To
notify the public that these species are facing threats to their
survival; to provide advance knowledge of potential listings that could
affect decisions of environmental
[[Page 54215]]
planners and developers; to provide information that may stimulate and
guide conservation efforts that will remove or reduce threats to these
species and possibly make listing unnecessary; to request input from
interested parties to help us identify those candidate species that may
not require protection under the Act or additional species that may
require the Act's protections; and to request necessary information for
setting priorities for preparing listing proposals.
Previous Federal Actions for Mazama Pocket Gophers
On December 11, 2012, we published a proposed rule (77 FR 73770) to
list four subspecies of Mazama pocket gopher as threatened under the
Act and to designate critical habitat for these four subspecies in the
State of Washington. In that document, we used the general term
``Mazama pocket gopher'' to refer collectively only to those subspecies
of Thomomys mazama that occur in the State of Washington. The four
subspecies we proposed for listing and designation were Roy Prairie
(Thomomys mazama glacialis), Olympia (T. m. pugetensis), Tenino (T. m.
tumuli), and Yelm (T. m. yelmensis). We also determined at that time
that the Tacoma pocket gopher (T. m. tacomensis) is extinct, that the
Brush Prairie pocket gopher (T. m. douglasii) is not a subspecies of
Thomomys mazama and was added to the candidate list without basis, and
that the listing of three other subspecies of Mazama pocket gopher
(Olympic [T. m. melanops], Cathlamet [T. m. louiei], and Shelton [T. m.
couchi]) is not warranted, and proposed to remove all five entities
from our candidate list. For a description of previous Federal actions
concerning the Mazama pocket gophers, please refer to the proposed rule
(December 11, 2012; 77 FR 73770).
Summary of Comments and Recommendations
We requested written comments from the public on the proposed rule
to list four subspecies of Mazama pocket gopher during two comment
periods: The first opened December 12, 2012, and closed February 11,
2013, and the second opened April 3, 2013, and closed May 3, 2013 (78
FR 20074; April 3, 2013). During these open comment periods, we
received comments from one of the peer reviewers, the State, and one
private citizen regarding the five other subspecies of Mazama pocket
gopher that we determined to be not warranted for listing under the
Act. Below we address those comments that were relevant to these five
subspecies. We fully considered all substantive information offered;
however, none of the comments that we received changed our initial
determination for these five subspecies described in the December 11,
2012, proposed rule (77 FR 73770).
Comments From Peer Reviewers
(1) Comment: A peer reviewer disagreed with our statement that it
is not possible to conclusively determine that Brush Prairie pocket
gopher is not T. mazama. This peer reviewer then provided a narrative
that detailed the history of the taxonomic status of Brush Prairie
pocket gopher, concluding that T. talpoides douglasii is clearly
distinguishable from T. mazama using standard, scientifically accepted
morphological characteristics to separate the species.
Our Response: We appreciate this account of the taxonomic status of
Brush Prairie pocket gopher and the clarification in support of the
taxonomic separation of the two species in our proposed determination.
We have incorporated this information into our final determination for
the Brush Prairie pocket gopher, below.
(2) Comment: A peer reviewer was concerned that our determination
that the Tacoma pocket gopher is likely extinct may be premature. The
peer reviewer stated that the ``historical locations'' are likely
highly biased and certainly few in number, so the lack of appropriate
habitat at those sites today does not mean that such habitat, and
potential populations, do not occur elsewhere.
Our Response: The presumption of extinction for the Tacoma pocket
gopher is based on well-documented habitat loss due to intense urban
development, repeated negative surveys of known historical locations,
and negative surveys of potentially suitable habitat throughout the
subspecies' known range (for details, see our proposed rule dated
December 11, 2012; 77 FR 73770, pp. 73773-73774). The State of
Washington has likewise concluded that, based on extensive survey
efforts over the past few decades and the observed loss and
fragmentation of habitat, the Tacoma pocket gopher is likely extinct,
the last record of this subspecies having been reported in 1974
(Stinson 2013, pp. 24-25).
Comments From the State
We received comments from the Washington Department of Fish and
Wildlife (WDFW) and the Washington Department of Natural Resources
(WDNR) related to biological information, threats, and recommendations
for the management of habitat for one or more of these five subspecies.
On February 11, 2013, during our first public comment period, we
received comments from WDFW on our proposed rule. We discussed these
comments in a series of meetings. On April 19, 2013, during our second
comment period on the proposed rule, we received additional comments
from WDFW indicating appreciation for our responsiveness to their
initial concerns and clarifying their perspective as a result of the
productive conversations between our organizations. Below are our
responses to the initial comment letter.
(3) Comment: WDFW asserted that it is difficult to argue that the
Cathlamet pocket gopher still exists given it has not been found for
more than 60 years, and recent surveys were conducted in 2012. They
asserted that the Service used similar logic to conclude that the
Tacoma pocket gopher is likely extirpated.
Our Response: The Service made the determination that the Cathlamet
pocket gopher may still be extant based on the historically sporadic
survey effort for the subspecies at the single site from which it was
identified, and the lack of any survey effort across potentially
suitable habitat in the surrounding area or even the extent of the soil
type from which the type specimen was originally collected. This
determination is in contrast to our presumption of extinction for the
Tacoma pocket gopher, which is based on evidence from extensive survey
efforts for the subspecies across suitable habitat and historical sites
over many years, as well as the observed loss and fragmentation of its
habitat to development (see also our response to Peer Review Comment 2,
above). Based on our review of the best scientific and commercial data
available, we have made different conclusions for the Cathlamet pocket
gopher than for the Tacoma pocket gopher because surveys of all
potential habitat have never been conducted for the Cathlamet pocket
gopher. Land use has remained essentially the same since the type
locality was discovered in 1949, which suggests that Cathlamet pocket
gophers have not been affected by factors such as extensive residential
development or the development of gravel mining operations.
Consequently, we are not prepared to declare the species extinct
(December 11, 2012; 77 FR 73770, p. 73776). In summary, as discussed in
our proposed rule, unlike the four Thurston/Pierce subspecies of Mazama
pocket gopher proposed for listing, we have no information to suggest
that the Cathlamet pocket
[[Page 54216]]
gopher is similarly impacted by threats such as development, military
training, or control as a pest species. Therefore, we have concluded
that the Cathlamet pocket gopher does not meet the definition of
threatened or endangered under the Act, and does not warrant listing
(December 11, 2012; 77 FR 73770, p. 73790).
(4) Comment: WDNR acknowledged that factors affecting the
conservation status of the Olympic pocket gopher are significantly
different from those affecting the four Thurston/Pierce subspecies of
Mazama pocket gopher proposed for listing, but believed its status is
not, however, significantly different. WDNR believed the Olympic pocket
gopher is confined to a very small and fragmented range, available
habitat continues to be reduced by encroachment of woody species,
population numbers are very low, and surviving animals face a
theoretical, but likely, threat of predation by coyotes.
Our Response: We appreciate the comments from WDNR, but we did not
receive any data in association with their comments to support the
claims made. In response to WDNR's comment, the Service contacted
Olympic National Park researchers directly and requested any
quantifiable data relating to a number of factors, including
encroachment of woody species into known occupied habitat, predation,
extirpation, or manmade threats. We did not receive any data providing
evidence that the Olympic pocket gopher faces population-level threats
from factors such as predation by coyotes, thus we were unable to
identify any metric that led us to conclude that the Olympic pocket
gopher is threatened with extinction now or within the foreseeable
future. The Olympic pocket gopher occurs entirely within the boundary
of Olympic National Park and is secure from many of the threats facing
the other Washington subspecies proposed for listing. Our review of the
best scientific and commercial data available indicates that any
factors that may be impacting the Olympic pocket gopher are relatively
minor and are not resulting in population-level effects. Based on this
review and as described in detail in the proposed rule (December 11,
2012; 73 FR 73770), we conclude that the Olympic pocket gopher does not
meet the definitions of an endangered or threatened species under the
Act.
(5) Comment: Both WDNR and WDFW commented that available habitat
for the Olympic pocket gopher appears to continue to be reduced due to
invasion by woody vegetation. In addition, WDFW asserted that
encroachment of woody vegetation is likely impacting the Shelton and
Cathlamet pocket gophers. They stated that the succession to forest
that eliminates habitat is much more prevalent in Mason County than in
Thurston and Pierce counties, and Scot's broom (Cytisus scoparius) is
also a problem.
Our Response: Although we acknowledge that woody vegetation
encroachment could be a threat, we have not located nor been provided
any data with which to quantify this potential threat to the Olympic,
Shelton, or Cathlamet pocket gophers. However, we encourage collection
of data on encroachment of woody vegetation to monitor this potential
threat to these subspecies.
(6) Comment: WDFW suggested that conversion from forest cover to
development is likely to reduce the availability of potentially
suitable habitat for the Shelton pocket gopher in Mason County in the
future. However, WDFW also pointed out that recent openings created by
timber harvest can result in suitable, but currently ephemeral, habitat
for Shelton pocket gophers.
Our Response: In making our determination, the Service considers
whether threats to the species are such that the species is presently
in danger of extinction (endangered) or likely to become so within the
foreseeable future (threatened). Although we agree that loss of
suitable habitat from conversion of forest land to development has the
potential to negatively impact individuals of the Shelton pocket
gopher, we have no evidence to suggest that the severity or rate of
development in Mason County in the future rises to the level of a
population-level threat such that the subspecies as a whole is
presently in danger of extinction, or will become threatened with
extinction within the foreseeable future (see analysis in our proposed
rule, December 11, 2012; 77 FR 73770, p. 73778).
(7) Comment: WDFW stated that the summary statement for Factor E in
our threats analysis for all nine subspecies was not well supported.
Specifically, they indicate no evidence was presented in the proposal
to support the occurrence of ``reductions in population size, loss of
genetic diversity, reduced gene flow among populations, destruction of
population structure, and increased susceptibility to local population
extirpation.''
Our Response: It is true that few to no data support changing
trends in population numbers for Mazama pocket gophers. What is clear
is that suitable habitat for some subspecies of Mazama pocket gopher is
increasingly lost to development, fragmented, reduced, or completely
eliminated, and that connective habitat corridors allowing for gene
flow have been permanently lost through conversion to incompatible land
uses. Based on the evidence from the extinction of the Tacoma pocket
gopher, the Service infers that when habitat or connective corridors
are lost to development, the opportunity for recolonization of
previously occupied habitat patches is also lost, leading to a
reduction in gene flow between populations and reduced population
numbers. However, we have no evidence to suggest that these factors are
affecting the Olympic, Shelton, or Cathlamet subspecies of Mazama
pocket gopher to a degree that makes them in danger of extinction at
the present time, or likely to become endangered within the foreseeable
future. We also refer readers to the proposed rule (December 11, 2012;
77 FR 73770, pp. 73786-73789) for citations supporting the concluding
statement under factor E.
(8) Comment: WDFW indicates the following statement ``this
subspecies [Shelton pocket gopher] is highly restricted in its range,
the few threats identified occur throughout its range, and the threats
are not restricted to any portion of its range'' could apply to any and
all of the Mazama pocket gopher subspecies in Washington. The only
exception is that military training affects some of the Thurston and
Pierce subspecies and not others. Thus they were not sure how this
could be used as an argument against listing the Shelton pocket gopher.
Our Response: Our determination of ``not warranted'' was based on
whether or not the threats were active, not the similarity to threats
affecting other subspecies of pocket gopher. However, we have no
evidence to suggest that these factors are affecting the Shelton
subspecies of Mazama pocket gopher to a degree that makes them in
danger of extinction at the present time, or likely to become
endangered within the foreseeable future (see our proposed rule,
December 11, 2012; 77 FR 73770, pp. 73789-73790).
Findings
Here we affirm our final determinations on the actions as stated in
the proposed rule (December 11, 2012; 77 FR 73770):
Removal of the Tacoma Pocket Gopher From the Candidate List
The first identified specimen of the Tacoma pocket gopher (Thomomys
mazama tacomensis) was collected in 1853 by Suckley and Cooper (1860)
at
[[Page 54217]]
Fort Steilacoom, but was first described by Taylor (1919, pp. 169-171).
Verts and Carraway (2000, p. 1) recognize the Tacoma pocket gopher as a
separate subspecies based on morphological characteristics and
distribution. Its range spanned from Point Defiance in Tacoma, south to
Steilacoom, and perhaps as far east as Puyallup. In 1920, Tacoma pocket
gophers were collected in Parkland and there are subsequent reports of
gophers being caught in Puyallup (Scheffer, unpubl. notes, 1957).
Original collection sites were long ago converted to residential and
suburban development, and one site is now a gravel mining operation. By
1970, Johnson (Johnson 1982, in litt.) believed Tacoma pocket gophers
were locally extirpated. Surveys conducted in the early 1990s by
Steinberg (1996a), again in 1998 (Stinson 2005, p. 120), and during an
extensive survey of historical and potential habitat in the subspecies'
known range in 2011 (Tirhi 2012a, in litt.) failed to relocate gophers
at any of the previously documented locations. Surveys were conducted
during the time of year when gopher activity should have been seen if
gophers were present.
The soils series in the area of the historical local populations
are Alderwood, Bellingham, Everett, Nisqually, and Spanaway. The entire
historical area has been heavily developed since the type locality for
this subspecies was found in 1918 (Taylor 1919, p. 169). Based on
repeated surveys of previously populated areas where gophers have not
been redetected (Steinberg 1995; Tirhi 2012a, in litt.), the lack of
documented evidence of the Tacoma pocket gopher over the last three
decades, and the lack of appropriate habitat left at historical
locations, we conclude the Tacoma pocket gopher is extinct. We,
therefore, remove the Tacoma pocket gopher (T. m. tacomensis) from the
candidate list.
Removal of the Brush Prairie Pocket Gopher From the Candidate List
In our 2007 Notice of Review of Native Species That Are Candidates
for Listing as Endangered or Threatened--Candidate Notice of Review
(CNOR) (72 FR 69034; December 6, 2007), we added the Brush Prairie
pocket gopher (Thomomys mazama douglasii) to the list of candidate
species. The addition was made following a review by the State of
Washington, which recognized the Brush Prairie pocket gopher as a
subspecies of Thomomys mazama instead of Thomomys talpoides based on
current (at the time) genetic data and morphological features. At that
time, since all of the subspecies of Mazama pocket gophers in the State
of Washington were considered candidates for listing, the Service
accepted the classification of the Brush Prairie pocket gopher as a
subspecies of the Mazama pocket gopher and added it to the candidate
list without additional evaluation.
We have now further investigated the genetic and morphological
information originally used to add the subspecies to the candidate list
based on the presumption that it was a Mazama pocket gopher (Kenagy
2012, pers. comm.; Paulson 2012, pers. comm.; Welch 2012a, b, in
litt.). In our proposed rule (December 11, 2012; 77 FR 73770, p.
73774), we pointed to the lack of evidence to support the conclusion
that the Brush Prairie pocket gopher is in fact a subspecies of
Thomomys mazama, and additionally noted that Verts and Carraway (2000,
p. 1) do not recognize the Brush Prairie pocket gopher as a member of
T. mazama. Peer review of our proposed rule provided definitive support
of our conclusion that the Brush Prairie pocket gopher is not a
subspecies of the Mazama pocket gopher. Therefore, based upon review of
the best scientific and commercial data available, we no longer believe
the Brush Prairie pocket gopher is a member of the species T. mazama.
The Service erred by failing to conduct a separate five-factor
threats analysis when we added the Brush Prairie pocket gopher to the
candidate list as Thomomys mazama douglasii, and we now believe it was
added in error and without basis. The Brush Prairie pocket gopher was
added to the candidate list in 2007 based purely on the presumption
that it was a Washington subspecies of Mazama pocket gopher, and
because all other Washington subspecies of Mazama pocket gophers were
candidates. As such, we believe it was added to the candidate list in
error. We, therefore, remove the Brush Prairie pocket gopher (T. m.
douglasii) from the candidate list.
Removal of the Olympic Pocket Gopher From the Candidate List
The Olympic pocket gopher occupies isolated alpine meadows in the
Olympic National Park in Clallam County. We find that the effects due
to small or isolated populations have likely had some negative impacts
to the subspecies; however, we have no information to suggest that
these impacts rise to the level such that the subspecies is in danger
of extinction or likely to become so within the foreseeable future.
This species also exhibits low genetic diversity; however, again we
have no evidence to suggest that the consequences of this are such that
the subspecies is in danger of extinction, or likely to become so
within the foreseeable future. This subspecies is highly restricted in
its range, the few factors potentially impacting the subspecies occur
throughout its range, and these factors are not restricted to any
particular portion of its range. However, none of the impacts faced by
the Olympic pocket gopher are particularly grave or immediate, such
that would lead us to conclude that the subspecies is presently in
danger of extinction or likely to become so within the foreseeable
future, and we do not have information to suggest that the subspecies
is suffering from any recent declines in abundance or distribution (see
the proposed rule for the full threats analysis of the Olympic pocket
gopher, December 11, 2012; 77 FR 73770).
Occurring entirely within the boundaries of a National Park, the
Olympic pocket gopher appears secure from many of the threats facing
the other Washington subspecies of Mazama pocket gophers, such as
habitat loss to development, encroachment by woody vegetation, or
predation by feral cats and dogs. The best available information
indicates that the factors impacting the Olympic pocket gopher are
relatively minor and are not resulting in population-level effects such
that the subspecies is 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 Olympic pocket gopher (Thomomys mazama
melanops) does not meet the definition of an endangered or a threatened
species and does not warrant listing under the Act. Therefore, we
remove the Olympic pocket gopher (T. m. melanops) from the candidate
list.
Removal of the Shelton Pocket Gopher From the Candidate List
The Shelton pocket gopher used to range across the open prairies
and grasslands of Mason County, and is now also known to inhabit low-
elevation meadow-type areas in Mason County. We find that the effects
due to small or isolated populations have likely had some negative
impacts to the subspecies; however, we have no information to suggest
that these impacts rise to the level such that the subspecies is in
danger of extinction or likely to become so within the foreseeable
future. This subspecies is highly restricted in its range, the few
factors potentially impacting the subspecies occur throughout its
range, and these factors are not restricted to
[[Page 54218]]
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 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]
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