Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination for the Proposed Listing of the Headwater Chub and Distinct Population Segment of the Roundtail Chub as Threatened Species, 54018-54019 [2016-19340]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Proposed Rules]
[Pages 54018-54019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19340]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2015-0148; 4500030113]
RIN 1018-BA86


Endangered and Threatened Wildlife and Plants; 6-Month Extension 
of Final Determination for the Proposed Listing of the Headwater Chub 
and Distinct Population Segment of the Roundtail Chub as Threatened 
Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of the comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
6-month extension of the determination of whether the headwater chub 
(Gila nigra) and a distinct population segment of the roundtail chub 
(Gila robusta) are threatened species, and we announce the reopening of 
the comment period on the proposed rules to add these species to the 
List of Endangered and Threatened Wildlife. We are taking this action 
based on our finding that there is substantial disagreement regarding 
the sufficiency or accuracy of the available data relevant to our 
proposed regulations to add these species to the List of Endangered and 
Threatened Wildlife, making it necessary to solicit additional 
information by reopening the comment period for 30 days.

DATES: The comment period end date is September 14, 2016. We request 
that comments be submitted by 11:59 p.m. Eastern Time on the closing 
date.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter the appropriate Docket 
No.: FWS-R2-ES-2015-0148 for the proposed threatened status for 
headwater chub and the roundtail chub distinct population segment. 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-R2-ES-2015-0148; U.S. Fish & Wildlife 
Headquarters, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-
3803.
    We request that you send comments only by one of 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). Comments previously submitted need not be 
resubmitted as they are already incorporated into the public record and 
will be fully considered in the final determinations.

FOR FURTHER INFORMATION CONTACT: Steve Spangle, Field Supervisor, U.S. 
Fish and Wildlife Service, Arizona Ecological Services Office; 
telephone 602-242-0210; facsimile 602-242-2513. 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 October 7, 2015 (80 FR 60754), we published a proposed rule to 
determine that the headwater chub and the lower Colorado River basin 
distinct population segment (DPS) of the roundtail chub are threatened 
species 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 these species, please refer to the proposed listing rule 
(October 7, 2015; 80 FR 60754). We solicited and received independent 
scientific review of the information contained in the proposed rule 
from peer reviewers with expertise in these two chub species, in 
accordance with our July 1, 1994, peer review policy (59 FR 34270).
    Section 4(b)(6) of the Act and its implementing regulations in 
title 50 of the Code of Federal Regulations at 50 CFR 424.17(a) require 
that we issue one of four documents within 1 year of a proposed 
determination: (1) A final rule to implement such determination or 
revision, (2) a finding that such revision should not be made, (3) a 
withdrawal of the proposed rule upon a finding that available evidence 
does not justify the proposed action, or (4) a document extending such 
1-year period by an additional period of not more than 6 months because 
there is substantial disagreement among scientists knowledgeable about 
the species regarding the sufficiency or accuracy of the available data 
relevant to the proposed determination or revision.
    During the public comment period, we received multiple comments on 
the proposed listing determinations from scientists with knowledge of 
the species regarding the sufficiency or accuracy of the available data 
used to support these proposed regulations, as well as the methodology 
used to develop the proposed rule. We also received

[[Page 54019]]

comments through the peer review process on the proposed rule from 
scientists with expertise on the biology of chubs or similar species. 
In particular, specific comments questioned the taxonomic distinctness 
of the two species. This evidence of substantial disagreement regarding 
the sufficiency or accuracy of the available data warrants a 6-month 
extension before the final determination.
    Currently, the American Fisheries Society (Page et al. 2013, p. 
71), which is recognized as the authority in establishing taxonomic 
status of fish, considers headwater chub and roundtail chub to be 
separate species. Consequently, in the proposed rule (October 7, 2015; 
80 FR 60754) we evaluated headwater and roundtail chubs as separate 
species. However, commenters raised questions regarding the taxonomic 
distinctness of the headwater and roundtail chubs, as related to the 
Gila chub (Gila intermedia). The Gila chub is listed as an endangered 
species (November 2, 2005; 70 FR 66664). Some scientists knowledgeable 
about the species contend that the three entities are not separate 
species, but instead constitute a ``species complex.''
    Since our analysis, new information is available regarding taxonomy 
and genetic analysis published by Dowling et al. 2015 (entire). In 
addition, the Arizona Game and Fish Department requested that the 
American Fisheries Society convene a panel or workshop to address the 
five following objectives:
    (1) Determine if the taxonomic classification of the three species 
remains valid and scientifically defensible given both historical and 
recent studies and information;
    (2) If the taxonomic classification is found invalid, determine a 
defensible taxonomic classification of the chub complex using the best 
available science;
    (3) Provide a new set of guidelines or classification key to 
follow;
    (4) Publish the findings and recommendations of this panel; and
    (5) Provide the results to the Southwest Region of the U.S. Fish 
and Wildlife Service.
    The American Fisheries Society agreed to commence a Names of Fishes 
panel to evaluate the most recent literature associated with roundtail 
chub, headwater chub, and Gila chub taxonomy. The panel met in April 
2016, but has not produced a decision report. However, our 
understanding is that a report is forthcoming in the immediate future.
    As a result of the comments we received during the comment period, 
we find that there is substantial disagreement among scientists 
knowledgeable about the species regarding the sufficiency or accuracy 
of the available data that are relevant to our determination of the 
proposed regulations. Moreover, the American Fisheries Society's 
decision on the taxonomy of the roundtail chub, headwater chub, and 
Gila chub is expected in the immediate future. In consideration of 
these scientific disagreements, and with expectation that additional 
information will resolve the disagreement and that a potential solution 
is forthcoming, we have determined that a 6-month extension of the 
final determinations for these rulemakings is warranted. Thus, we 
hereby extend the final determinations for 6 months in order to solicit 
information that will help to clarify these issues and to fully analyze 
this information.
    As noted in the proposed listing rule (October 7, 2015; 80 FR 
60754), section 4(b)(6)(A) of the Act requires that we make final 
listing determinations within 1 year of the proposed rule, which would 
be October 7, 2016. However, as previously stated, section 4(b)(6)(B) 
of the Act authorizes a 6-month extension, which would extend our final 
decisions to April 7, 2017.

Public Comments

    We will accept written comments and information during this 
reopened comment period on our proposed regulations for the headwater 
chub and the lower Colorado River basin DPS of the roundtail chub that 
was published in the Federal Register on October 7, 2015 (80 FR 60754). 
We will consider any information and recommendations received during 
this open comment period. We intend that any final action resulting 
from these proposals be as accurate as possible and be based on the 
best available scientific and commercial data.
    In consideration of the scientific and other comments received 
regarding the data used to support these proposed regulations, we are 
particularly interested in new information and data regarding genetics 
and morphology pertaining to roundtail chub, headwater chub, and Gila 
chub that would aid in the ongoing taxonomic classification of these 
species. New information includes data that was not included in the 
proposed rule and associated documents for the headwater and roundtail 
chubs because it was not available to the Service or was not completed 
at the time.
    If you previously submitted comments or information on the proposed 
rule, 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 determinations. Our final determinations will take into 
consideration all written comments and any additional information we 
received.
    You may submit your comments and materials concerning the October 
15, 2015, proposed rule (80 FR 60754) by one of the methods listed in 
ADDRESSES. We request that you send comments only by the methods 
described in ADDRESSES.
    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on https://www.regulations.gov.
    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, or by appointment, 
during normal business hours, at the U.S. Fish and Wildlife Service, 
Arizona Ecological Service 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-R2-ES-2015-0148. Copies of 
the proposed rule are also available at https://www.fws.gov/southwest/es/arizona.

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

    Dated: August 4, 2016.
Matthew Huggler,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-19340 Filed 8-12-16; 8:45 am]
 BILLING CODE 4333-15-P