Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination for the Proposed Listing of the Distinct Population Segment of the North American Wolverine Occurring in the Contiguous United States as a Threatened Species, 6874-6875 [2014-02362]

Download as PDF 6874 Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Proposed Rules with us on the effects of their proposed actions, under section 7(a)(2) of the Act. tkelley on DSK3SPTVN1PROD with PROPOSALS Consideration of Impacts Under Section 4(b)(2) of the Act Section 4(b)(2) of the Act requires that we designate or revise critical habitat based upon the best scientific data available, after taking into consideration the economic impact, impact on national security, or any other relevant impact of specifying any particular area as critical habitat. We may exclude an area from critical habitat if we determine that the benefits of excluding the area outweigh the benefits of including the area as critical habitat, provided such exclusion will not result in the extinction of the species. When considering the benefits of inclusion for an area, we consider the additional regulatory benefits that area would receive from the protection from adverse modification or destruction as a result of actions with a Federal nexus (activities conducted, funded, permitted, or authorized by Federal agencies), the educational benefits of mapping areas containing essential features that aid in the recovery of the listed species, and any benefits that may result from designation due to State or Federal laws that may apply to critical habitat. When considering the benefits of exclusion, we consider, among other things, whether exclusion of a specific area is likely to result in conservation; the continuation, strengthening, or encouragement of partnerships; or implementation of a management plan. In the case of the spring pygmy sunfish, the benefits of critical habitat include public awareness of the presence of the species and the importance of habitat protection, and, where a Federal nexus exists, increased habitat protection for this species due to protection from adverse modification or destruction of critical habitat. In practice, situations with a Federal nexus exist primarily on Federal lands or for projects undertaken by Federal agencies. We are considering excluding all areas covered by the Belle Mina Farms Ltd., McDonald Farm, and Horton Farm CCAAs based on our partnerships with the landowners and the conservation benefits that these agreements afford the sunfish. However, the final decision on whether to exclude any areas will be based on the best scientific and commercial data available at the time of the final designation, including information obtained during the comment periods and information about the economic impact of designation. VerDate Mar<15>2010 16:14 Feb 04, 2014 Jkt 232001 Authors The primary authors of this notice are the staff members of the Mississippi Ecological Services Field Office and the Regional Office-Ecological Services Program, Southeast 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: January 29, 2014. Rachel Jacobson, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2014–02415 Filed 2–4–14; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R6–ES–2012–0107; 4500030113] RIN 1018–AY26 Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination for the Proposed Listing of the Distinct Population Segment of the North American Wolverine Occurring in the Contiguous United States as a Threatened Species Fish and Wildlife Service, Interior. ACTION: Proposed rule; 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 the distinct population segment of the North American wolverine (Gulo gulo luscus) occurring in the contiguous United States as a threatened species. We also reopen the comment period on the proposed rule to list that distinct population segment. We are taking this action based on substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the proposed listing, making it necessary to solicit additional information by reopening the comment period for 90 days. We will publish a final listing determination on or before August 4, 2014. DATES: The comment period end date is May 6, 2014. If you comment using the Federal eRulemaking Portal (see ADDRESSES), you must submit you comment by 11:59 p.m. Eastern Time on the closing date. SUMMARY: PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 You may submit written comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: https:// www.regulations.gov. In the Search box, enter FWS–R6–ES–2012–0107, which is the docket number for the proposed rule to list the contiguous United States distinct population segment of the wolverine as threatened. Then, in the Search panel on the left side of the screen, under the Document Type heading, check on the Proposed Rules link to locate the proposed rule. You may submit a comment by clicking on ‘‘Comment Now!’’ (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS–R6–ES–2012– 0107; 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: Jodi Bush, Field Supervisor, Montana Ecological Services Office, 465 Shepard Dr., Helena, MT 59601; by telephone at (406) 449–5225; or by facsimile at 406– 449–5339. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: ADDRESSES: Background On February 4, 2013, we published a proposed rule (78 FR 7864) to list the distinct population segment of the North American wolverine occurring in the contiguous United States as threatened, 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 distinct population segment of the North American wolverine (Gulo gulo luscus) occurring in the contiguous United States, please refer to the February 4, 2013, proposed rule. The proposed listing rule opened a 90-day comment period, ending May 6, 2013. In addition to the original comment period associated with the publication of the proposed rule, we held three public information workshops in conjunction with three public hearings in March 2013: March 13 in Boise, Idaho; March 19 in Lakewood, Colorado; and March 27 in E:\FR\FM\05FEP1.SGM 05FEP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Proposed Rules Helena, Montana. On October 31, 2013, we reopened the comment period for 30 days to allow additional comment on scientific issues raised by two peer reviewers and several State wildlife agencies (78 FR 65248). The second comment period closed on December 2, 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. Since the publication of the proposed rule, there has been substantial disagreement regarding the interpretation of the habitat requirements for wolverines and the available climate change information used to determine the extent of threats to the species. Differing interpretations of the available climate change information have led to a significant disagreement regarding the current status of the species. In particular, some commenters and peer reviewers raised questions regarding: (1) The interpretation of scientific literature in the proposed rulemaking and scientific literature that may not have been readily available for our use in our analysis to define habitat parameters. Specifically, some commenters and peer reviewers questioned the basis for defining wolverine habitat based on persistent spring snow used by Copeland et al. (2010). Some peer reviewers and commenters suggested that other methods of habitat definition or other dates used to define habitat based on persistent snow are more scientifically defensible and would yield very different results. (2) Commenters suggested that McKelvey et al. (2011) used an invalid habitat model developed by Copeland et al. (2010) to project future climate impacts to wolverine habitat, and for that reason, the commenters believe projections in McKelvey et al. (2011) are also invalid. (3) Commenters also asserted that there is high uncertainty with projections made using downscaled global climate modeling, which we used to analyze the impacts of climate change on wolverine habitat and ecology. As a result of these comments and peer reviews, there is substantial disagreement regarding the sufficiency or accuracy of the available data relevant to our listing determination. Therefore, in consideration of these VerDate Mar<15>2010 16:14 Feb 04, 2014 Jkt 232001 disagreements, we have determined that a 6-month extension of the final determination of this rulemaking is necessary, and we are hereby extending the final determination for 6 months in order to solicit information that will help to clarify these issues and fully analyze this information. As noted in the proposed listing rule (78 FR 7864), we were previously required by statutory deadline to make a final decision on the wolverine listing no later than February 4, 2014. Therefore, with this 6-month extension, we will make a final determination on the proposed rule no later than August 4, 2014. In conjunction with the proposed rule to list the wolverine, we also proposed a special rule under section 4(d) of the Act that would tailor the prohibitions of the Act to specifically address the threats to wolverines (78 FR 7864), and, in a separate rule, we proposed the establishment of a nonessential experimental population area for the wolverine in the southern Rocky Mountains of Colorado, southern Wyoming, and northern New Mexico (78 FR 7890). Because these rules are contingent on a wolverine listing, our final decisions for these rules will also be delayed until we make a final listing determination for the distinct population segment. Public Comments We will accept written comments and information during this reopened comment period on our proposed listing (and special 4(d) rule) for the distinct population segment of the North American wolverine occurring in the contiguous United States that was published in the Federal Register on February 4, 2013 (78 FR 7864). We will consider information and recommendations from all interested parties. We intend that any final action resulting from the proposal be as accurate as possible and based on the best available scientific and commercial data. We are particularly interested in new information and comments regarding: (1) Whether there is scientific information in addition to that considered in our proposed rule that may be useful in our analysis. (2) Whether persistent spring snow represents a reasonable estimate of wolverine habitat. (3) The use of projected amounts and distribution of persistent spring snow to assess the potential impacts of climate change on wolverine habitat. (4) The use of information generated by downscaled global climate models as a basis to then project and evaluate the PO 00000 Frm 00037 Fmt 4702 Sfmt 9990 6875 impacts of climate change on wolverine habitat. (5) The potential effects on wolverine from the projected changes in its habitat related to climate change. 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 will take into consideration all written comments and any additional information we receive. 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–R6–ES–2012–0107, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Montana Ecological Services 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–R6–ES–2012–0107, or by mail from the Montana Ecological Services Office (see FOR FURTHER INFORMATION CONTACT). Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: January 29, 2014. Daniel M. Ashe, Director, U.S. Fish and Wildlife Service. [FR Doc. 2014–02362 Filed 2–4–14; 8:45 am] BILLING CODE 4310–55–P E:\FR\FM\05FEP1.SGM 05FEP1

Agencies

[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Proposed Rules]
[Pages 6874-6875]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02362]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2012-0107; 4500030113]
RIN 1018-AY26


Endangered and Threatened Wildlife and Plants; 6-Month Extension 
of Final Determination for the Proposed Listing of the Distinct 
Population Segment of the North American Wolverine Occurring in the 
Contiguous United States as a Threatened Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; 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 the 
distinct population segment of the North American wolverine (Gulo gulo 
luscus) occurring in the contiguous United States as a threatened 
species. We also reopen the comment period on the proposed rule to list 
that distinct population segment. We are taking this action based on 
substantial disagreement regarding the sufficiency or accuracy of the 
available data relevant to the proposed listing, making it necessary to 
solicit additional information by reopening the comment period for 90 
days. We will publish a final listing determination on or before August 
4, 2014.

DATES: The comment period end date is May 6, 2014. If you comment using 
the Federal eRulemaking Portal (see ADDRESSES), you must submit you 
comment by 11:59 p.m. Eastern Time on the closing date.

ADDRESSES: You may submit written comments by one of the following 
methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R6-ES-2012-0107, 
which is the docket number for the proposed rule to list the contiguous 
United States distinct population segment of the wolverine as 
threatened. Then, in the Search panel on the left side of the screen, 
under the Document Type heading, check on the Proposed Rules link to 
locate the proposed rule. You may submit a comment by clicking on 
``Comment Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R6-ES-2012-0107; 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: Jodi Bush, Field Supervisor, Montana 
Ecological Services Office, 465 Shepard Dr., Helena, MT 59601; by 
telephone at (406) 449-5225; or by facsimile at 406-449-5339. 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

    On February 4, 2013, we published a proposed rule (78 FR 7864) to 
list the distinct population segment of the North American wolverine 
occurring in the contiguous United States as threatened, 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 
distinct population segment of the North American wolverine (Gulo gulo 
luscus) occurring in the contiguous United States, please refer to the 
February 4, 2013, proposed rule. The proposed listing rule opened a 90-
day comment period, ending May 6, 2013. In addition to the original 
comment period associated with the publication of the proposed rule, we 
held three public information workshops in conjunction with three 
public hearings in March 2013: March 13 in Boise, Idaho; March 19 in 
Lakewood, Colorado; and March 27 in

[[Page 6875]]

Helena, Montana. On October 31, 2013, we reopened the comment period 
for 30 days to allow additional comment on scientific issues raised by 
two peer reviewers and several State wildlife agencies (78 FR 65248). 
The second comment period closed on December 2, 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.
    Since the publication of the proposed rule, there has been 
substantial disagreement regarding the interpretation of the habitat 
requirements for wolverines and the available climate change 
information used to determine the extent of threats to the species. 
Differing interpretations of the available climate change information 
have led to a significant disagreement regarding the current status of 
the species. In particular, some commenters and peer reviewers raised 
questions regarding:
    (1) The interpretation of scientific literature in the proposed 
rulemaking and scientific literature that may not have been readily 
available for our use in our analysis to define habitat parameters. 
Specifically, some commenters and peer reviewers questioned the basis 
for defining wolverine habitat based on persistent spring snow used by 
Copeland et al. (2010). Some peer reviewers and commenters suggested 
that other methods of habitat definition or other dates used to define 
habitat based on persistent snow are more scientifically defensible and 
would yield very different results.
    (2) Commenters suggested that McKelvey et al. (2011) used an 
invalid habitat model developed by Copeland et al. (2010) to project 
future climate impacts to wolverine habitat, and for that reason, the 
commenters believe projections in McKelvey et al. (2011) are also 
invalid.
    (3) Commenters also asserted that there is high uncertainty with 
projections made using downscaled global climate modeling, which we 
used to analyze the impacts of climate change on wolverine habitat and 
ecology.
    As a result of these comments and peer reviews, there is 
substantial disagreement regarding the sufficiency or accuracy of the 
available data relevant to our listing determination. Therefore, in 
consideration of these disagreements, we have determined that a 6-month 
extension of the final determination of this rulemaking is necessary, 
and we are hereby extending the final determination for 6 months in 
order to solicit information that will help to clarify these issues and 
fully analyze this information.
    As noted in the proposed listing rule (78 FR 7864), we were 
previously required by statutory deadline to make a final decision on 
the wolverine listing no later than February 4, 2014. Therefore, with 
this 6-month extension, we will make a final determination on the 
proposed rule no later than August 4, 2014. In conjunction with the 
proposed rule to list the wolverine, we also proposed a special rule 
under section 4(d) of the Act that would tailor the prohibitions of the 
Act to specifically address the threats to wolverines (78 FR 7864), 
and, in a separate rule, we proposed the establishment of a 
nonessential experimental population area for the wolverine in the 
southern Rocky Mountains of Colorado, southern Wyoming, and northern 
New Mexico (78 FR 7890). Because these rules are contingent on a 
wolverine listing, our final decisions for these rules will also be 
delayed until we make a final listing determination for the distinct 
population segment.

Public Comments

    We will accept written comments and information during this 
reopened comment period on our proposed listing (and special 4(d) rule) 
for the distinct population segment of the North American wolverine 
occurring in the contiguous United States that was published in the 
Federal Register on February 4, 2013 (78 FR 7864). We will consider 
information and recommendations from all interested parties. We intend 
that any final action resulting from the proposal be as accurate as 
possible and based on the best available scientific and commercial 
data.
    We are particularly interested in new information and comments 
regarding:
    (1) Whether there is scientific information in addition to that 
considered in our proposed rule that may be useful in our analysis.
    (2) Whether persistent spring snow represents a reasonable estimate 
of wolverine habitat.
    (3) The use of projected amounts and distribution of persistent 
spring snow to assess the potential impacts of climate change on 
wolverine habitat.
    (4) The use of information generated by downscaled global climate 
models as a basis to then project and evaluate the impacts of climate 
change on wolverine habitat.
    (5) The potential effects on wolverine from the projected changes 
in its habitat related to climate change.
    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 will take into 
consideration all written comments and any additional information we 
receive.
    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-
R6-ES-2012-0107, or by appointment, during normal business hours, at 
the U.S. Fish and Wildlife Service, Montana Ecological Services 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-R6-ES-2012-0107, or by mail from the Montana Ecological 
Services Office (see FOR FURTHER INFORMATION CONTACT).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: January 29, 2014.
 Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-02362 Filed 2-4-14; 8:45 am]
BILLING CODE 4310-55-P
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