Endangered and Threatened Wildlife and Plants; Removing the Black-Capped Vireo From the Federal List of Endangered and Threatened Wildlife; Availability of Post-Delisting Monitoring Plan, 11162-11164 [2018-05146]

Download as PDF 11162 Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Proposed Rules for the reasons provided above. EPA is also proposing full approval under CAA 110 of the rest of the RACT II Rule included for incorporation in the Pennsylvania SIP through PADEP’s May 16, 2016 SIP submittal, as EPA finds that the remainder of the RACT II Rule meets the intended RACT requirements under sections 172, 182, 184 and 110 of the CAA for the 1997 and 2008 ozone NAAQS. daltland on DSKBBV9HB2PROD with PROPOSALS IV. Proposed Action EPA’s review of the Pennsylvania May 16, 2016 SIP submittal indicates that certain portions of the submittal are adequate to meet RACT requirements under the CAA for both the 1997 and 2008 8-hour ozone NAAQS. EPA is proposing to fully approve into the SIP the provisions in 25 Pa. Code sections 129.96–129.97, and 129.100 of the RACT II Rule and relevant definitions in 25 Pa. Code section 121.1, adopted by Pennsylvania on April 23, 2016, as meeting RACT for the 1997 and 2008 ozone NAAQS. These provisions are adequate to meet the ozone-specific RACT requirements of sections 172, 182(b)(2)(C), 182(f), and 184 of the CAA for both the 1997 and 2008 8-hour ozone NAAQS for specific NOX and VOC sources in Pennsylvania, and in accordance with section 110. In addition, EPA is proposing to conditionally approve 25 Pa. Code sections 129.98 and 129.99, as these provisions provide alternative RACT requirements which require further PADEP and EPA action in order to meet RACT requirements under the CAA. The provisions of 25 Pa. Code sections 129.98 and 129.99 will become fully approvable, if PADEP submits to EPA, within 12 months of EPA’s final action, additional SIP revisions that include any alternative NOX averaging limits and source-specific RACT limits adopted under sections 129.98 and 129.99, respectively, as well as any relevant compliance demonstration requirements. Once EPA has determined that PADEP has satisfied this condition, EPA shall remove the conditional nature of its approval and, at that time, the provisions in 25 Pa. Code sections 129.98 and 129.99 will receive a full approval status. Should PADEP fail to meet this condition, the final conditional approval of 25 Pa. Code sections 129.98 and 129.99 will convert to a disapproval. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. VerDate Sep<11>2014 16:23 Mar 13, 2018 Jkt 244001 IV. Incorporation by Reference In this proposed rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference the regulatory provisions of 25 Pa. Code sections 129.96–129.100 of the RACT II Rule and related amendments of 25 Pa Code section 121.1, as adopted by Pennsylvania on April 23, 2016. EPA has made, and will continue to make, these materials generally available through https://www.regulations.gov and at the EPA Region III Office (please contact the person identified in the ‘‘For Further Information Contact’’ section of this preamble for more information). V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule, concerning Pennsylvania’s 1997 and 2008 8-hour ozone reasonably available control technology for certain major NOx and VOC sources, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: February 23, 2018. Cosmo Servidio, Regional Administrator, Region III. [FR Doc. 2018–04933 Filed 3–13–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R2–ES–2016–0110; FXES11130900000 178 FF09E42000] RIN 1018–BB79 Endangered and Threatened Wildlife and Plants; Removing the BlackCapped Vireo From the Federal List of Endangered and Threatened Wildlife; Availability of Post-Delisting Monitoring Plan Fish and Wildlife Service, Interior. ACTION: Proposed rule; availability of supplemental information. AGENCY: We, the U.S. Fish and Wildlife Service (Service), announce the SUMMARY: E:\FR\FM\14MRP1.SGM 14MRP1 daltland on DSKBBV9HB2PROD with PROPOSALS Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Proposed Rules availability of our draft post-delisting monitoring (PDM) plan for the blackcapped vireo (Vireo atricapilla). The draft PDM plan describes the methods we propose to monitor the status of the vireo and its habitat, in cooperation with the States of Texas and Oklahoma and other conservation partners, for a 12-year period if we remove this species from the Federal List of Endangered and Threatened Wildlife. The draft PDM plan also provides a strategy for identifying and responding to any future population declines or habitat loss. We are accepting comments on the draft PDM plan. DATES: We will accept comments on the draft PDM plan for black-capped vireo until April 13, 2018. ADDRESSES: Document availability: The draft PDM plan is available for review on the internet at www.regulations.gov in Docket No. FWS–R2–ES–2016–0110 and at https://endangered.fws.gov and https://www.fws.gov/southwest/es/ ArlingtonTexas/. To request a copy of the draft PDM plan, contact us at U.S. Fish and Wildlife Service, Arlington Ecological Services Field Office, 2005 NE Green Oaks Blvd., Suite 140, Arlington, TX 76006; telephone 817– 277–1100; facsimile 817–277–1129; ARLES@fws.gov. Supporting documentation we used in preparing the draft PDM plan is available for public inspection, by appointment, during normal business hours, at the above office. Comment submission: You may submit comments on the draft PDM plan by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: https:// www.regulations.gov. In the Search box, enter FWS–R2–ES–2016–0110, which is the docket number for this rulemaking. Then, click on the Search button. 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–2016– 0110, U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041–3803. 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 Request for Public Comments, below, for more information). FOR FURTHER INFORMATION CONTACT: Debra Bills, U.S. Fish and Wildlife Service, Arlington Ecological Services Field Office (see ADDRESSES). If you use a telecommunications device for the VerDate Sep<11>2014 16:23 Mar 13, 2018 Jkt 244001 deaf (TDD), call the Federal Relay Service at 800/877–8339. SUPPLEMENTARY INFORMATION: Background The black-capped vireo is an insectivorous songbird that breeds in Oklahoma, Texas, and northern Mexico, and winters along the western coastal states of Mexico. The vireo was listed as endangered under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.), in 1987, due primarily to nest parasitism by brownheaded cowbirds (Molothrus ater) and loss of habitat from urbanization, grazing, removal of vegetation for range improvement, and succession (52 FR 37420, October 6, 1987). On December 15, 2016, we published a proposed rule to remove the blackcapped vireo from the Federal List of Endangered and Threatened Wildlife (List) (81 FR 90762). Our proposed rule was based largely on the Species Status Assessment (SSA) Report, which characterized the overall species’ viability in the future. In the SSA Report, the impact of brown-headed cowbird parasitism on certain locations was expressed in terms of sustainability and expansion of populations. Additionally, the black-capped vireo was identified as ‘‘conservation-reliant’’ due to successful recovery actions being implemented, largely cowbird management. In this document, we provide clarification to the information regarding cowbird management. The Service believes cowbird management was a major factor leading to the recovery of the species, and the importance of cowbird management was discussed in the SSA Report. Particularly, the black-capped vireo population in Oklahoma and localities in the eastern portion of the Texas range may be reliant on cowbird management periodically, or perpetually, to ensure minimal losses of current population numbers. In this regard, we assume the species may be ‘‘conservation reliant,’’ due to efforts necessary to retain healthy shrublands and reduce brown-headed cowbird parasitism under certain conditions in portions of the range. Based on the comprehensive information collected for the SSA Report, there is inherent uncertainty in forecasting future threats and population status scenarios over a 50year timeframe. To address this uncertainty and ensure that the blackcapped vireo continues to prosper, the SSA Report noted the importance of continued management of known populations of the species. To further this recommendation, the Service has obtained mutual commitments with PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 11163 many of our partners in the form of cooperative management agreements or other strategies to continue to manage known populations of the black-capped vireo and implement the PDM plan. These cooperative management agreements are included in the PDM plan, and provide assurances that PDM will detect trends in the black-capped vireo status and threats and the species’ biological status will continue to improve. In addition, we have corrected errors in Table 14 of the SSA Report (page 105). This table presented the results of forecast scenarios under short- and longterm managed and unmanaged conditions from Table 13, which is correct. Among the corrections to Table 14 was the shifting of one ‘‘likely resilient locality’’ in the short-term worst-case scenario between recovery units, and identifying one less ‘‘manageable locality’’ in the long-term worst-case scenario. These corrections do not change the results of the SSA analysis. The SSA with the corrected table is included in the docket (FWS– R2–ES–2016–0110) for the proposed rule on www.regulations.gov and can also be accessed at https://www.fws.gov/ southwest/es/ArlingtonTexas/. For more background information on the black-capped vireo, refer to our Black-capped Vireo Species Status Assessment (SSA) Report available in the docket (FWS–R2–ES–2016–0110) for the proposed rule on www.regulations.gov and also at https:// www.fws.gov/southwest/es/ ArlingtonTexas/. The Act, section 4(g)(1), requires us to implement a system, in cooperation with the States, to effectively monitor the status of each species we remove from the Federal Lists of Endangered and Threatened Wildlife and Plants due to recovery. The monitoring must occur for at least 5 years. The PDM’s purpose is to verify that a species we delist due to recovery remains secure from risk of extinction after we remove the Act’s protections. To fulfill the PDM requirement, we drafted a black-capped vireo monitoring plan in cooperation with the Texas Parks and Wildlife Department, Oklahoma Department of Wildlife Conservation, Fort Hood and Fort Sill Military Installations, and The Nature Conservancy of Texas. Over a 12-year period, we propose to monitor abundance trends at managed localities with known populations of greater than 30 adult male vireos, estimate population trends at 4 major localities, and monitor the residual threats of brown-headed cowbird parasitism, land E:\FR\FM\14MRP1.SGM 14MRP1 11164 Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Proposed Rules daltland on DSKBBV9HB2PROD with PROPOSALS use changes, and densities of livestock and deer. Abundance monitoring would focus on known black-capped vireo localities under some form of management and for which the SSA Report forecasted future persistence. Through monitoring these localities, we can track abundance trends and compare those to the SSA Report forecasts. Additionally, four major localities with several years of population trend data will continue to be monitored to detect changes in trends over the 12-year period. In conjunction with abundance monitoring, a subset of vireo nests will be monitored to determine brown-headed cowbird parasitism rates at these localities. The PDM plan defines monitoring thresholds which, if reached, may result in additional actions. The monitoring thresholds are based on maintaining resiliency, redundancy, and representation, as described in the black-capped vireo SSA Report. Land use trends, livestock, and deer within the vireo’s range will also be monitored to ensure we detect changes that may affect the species. The draft PDM plan includes both interim and final reporting requirements. If PDM results in a concern regarding the vireo’s status or increasing threats, possible responses may include an extended or intensified monitoring effort, additional research, or an increased effort to improve habitat and reduce the threat. If future information collected from the PDM, or any other reliable source, indicates an increased likelihood that the species may become in danger of extinction, we will initiate a black-capped vireo status review and determine if re-listing the species is warranted. In addition to public review of the draft PDM plan, we are requesting independent expert peer review from knowledgeable individuals with scientific expertise that includes knowledge of song bird ecology and conservation biology principles. Draft PDM plan peer review is in accordance with our policy ‘‘Notice of Interagency Cooperative Policy for Peer Review in Endangered Species Act Activities,’’ published on July 1, 1994 (59 FR 34270). Viewing Documents Comments and materials we receive from the public and peer reviewers, as well as supporting documentation we used in preparing the draft PDM plan, will be available for public inspection by appointment, during normal business hours at the Arlington Ecological Services Field Office (see ADDRESSES) and on the internet at VerDate Sep<11>2014 16:23 Mar 13, 2018 Jkt 244001 www.regulations.gov in Docket No. FWS–R2–ES–2016–0110. Once approved, the final black-capped vireo PDM plan and any future PDM plan revisions will be available at www.regulations.gov and on our web page (https://endangered.fws.gov) and the Arlington Ecological Services Field Office web page (https://www.fws.gov/ southwest/es/ArlingtonTexas/). Request for Public Comments We intend for our final PDM plan to be as accurate and as effective as possible. Therefore, we request comments or suggestions on this blackcapped vireo draft PDM plan from the public, concerned governmental agencies, the scientific community, industry, or any other interested party. We will take into consideration substantive comments we receive by the comment due date (see DATES). These comments, and any additional information we receive, may lead us to develop a final PDM plan that differs from this draft PDM plan. If you have already submitted a comment in response to the proposed rule, the comment has been incorporated into the record for the rulemaking, is being considered, and does not need to be submitted again. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire document—including your personal identifying information—may be made publicly available at any time. While you may request at the top of your document that we withhold this information from public review, we cannot guarantee that we will be able to do so. Authors The primary authors of this document are staff at the Arlington Ecological Services Field Office (see ADDRESSES). Authority The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). Dated: February 7, 2018. James W. Kurth. Deputy Director, U.S. Fish and Wildlife Service Exercising the Authority of the Director, U.S. Fish and Wildlife Service. [FR Doc. 2018–05146 Filed 3–13–18; 8:45 am] BILLING CODE 4333–15–P PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 RIN 0648–BG75 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Atlantic Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: Notice of availability (NOA); request for comments. ACTION: The South Atlantic Fishery Management Council (South Atlantic Council) and Gulf of Mexico (Gulf) Fishery Management Council (Gulf Council) have submitted the For-hire Reporting Amendment for review, approval, and implementation by NMFS. The For-hire Reporting Amendment includes Amendment 27 to the Fishery Management Plan (FMP) for Coastal Migratory Pelagic (CMP) Resources of the Gulf and Atlantic Region (CMP FMP), Amendment 9 to the FMP for the Dolphin and Wahoo Fishery off the Atlantic States (Dolphin Wahoo FMP), and Amendment 39 to the FMP for Snapper-Grouper Fishery of the South Atlantic Region (SnapperGrouper FMP). If approved by the Secretary of Commerce, the For-hire Reporting Amendment would establish new, and revise existing, electronic reporting requirements for federally permitted charter vessels and headboats (for-hire vessels), respectively. The Forhire Reporting Amendment would require a charter vessel with a Federal charter vessel/headboat permit for Atlantic CMP, Atlantic dolphin and wahoo, or South Atlantic snappergrouper species to submit an electronic fishing report weekly, or at shorter intervals if notified by NMFS, through NMFS approved hardware and software. The For-hire Reporting Amendment would also reduce the time allowed for headboats to submit an electronic fishing report. The purpose of the Forhire Reporting Amendment is to increase and improve fisheries information collected from federally permitted for-hire vessels in the Atlantic. The information is expected to improve recreational fisheries management of the for-hire component in the Atlantic. SUMMARY: E:\FR\FM\14MRP1.SGM 14MRP1

Agencies

[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Proposed Rules]
[Pages 11162-11164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05146]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2016-0110; FXES11130900000 178 FF09E42000]
RIN 1018-BB79


Endangered and Threatened Wildlife and Plants; Removing the 
Black-Capped Vireo From the Federal List of Endangered and Threatened 
Wildlife; Availability of Post-Delisting Monitoring Plan

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; availability of supplemental information.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the

[[Page 11163]]

availability of our draft post-delisting monitoring (PDM) plan for the 
black-capped vireo (Vireo atricapilla). The draft PDM plan describes 
the methods we propose to monitor the status of the vireo and its 
habitat, in cooperation with the States of Texas and Oklahoma and other 
conservation partners, for a 12-year period if we remove this species 
from the Federal List of Endangered and Threatened Wildlife. The draft 
PDM plan also provides a strategy for identifying and responding to any 
future population declines or habitat loss. We are accepting comments 
on the draft PDM plan.

DATES: We will accept comments on the draft PDM plan for black-capped 
vireo until April 13, 2018.

ADDRESSES: Document availability: The draft PDM plan is available for 
review on the internet at www.regulations.gov in Docket No. FWS-R2-ES-
2016-0110 and at https://endangered.fws.gov and https://www.fws.gov/southwest/es/ArlingtonTexas/. To request a copy of the draft PDM plan, 
contact us at U.S. Fish and Wildlife Service, Arlington Ecological 
Services Field Office, 2005 NE Green Oaks Blvd., Suite 140, Arlington, 
TX 76006; telephone 817-277-1100; facsimile 817-277-1129; 
[email protected]. Supporting documentation we used in preparing the draft 
PDM plan is available for public inspection, by appointment, during 
normal business hours, at the above office.
    Comment submission: You may submit comments on the draft PDM plan 
by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R2-ES-2016-0110, 
which is the docket number for this rulemaking. Then, click on the 
Search button. 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-2016-0110, U.S. Fish and Wildlife 
Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    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 Request for Public Comments, below, for more information).

FOR FURTHER INFORMATION CONTACT: Debra Bills, U.S. Fish and Wildlife 
Service, Arlington Ecological Services Field Office (see ADDRESSES). If 
you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service at 800/877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    The black-capped vireo is an insectivorous songbird that breeds in 
Oklahoma, Texas, and northern Mexico, and winters along the western 
coastal states of Mexico. The vireo was listed as endangered under the 
Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et 
seq.), in 1987, due primarily to nest parasitism by brown-headed 
cowbirds (Molothrus ater) and loss of habitat from urbanization, 
grazing, removal of vegetation for range improvement, and succession 
(52 FR 37420, October 6, 1987).
    On December 15, 2016, we published a proposed rule to remove the 
black-capped vireo from the Federal List of Endangered and Threatened 
Wildlife (List) (81 FR 90762). Our proposed rule was based largely on 
the Species Status Assessment (SSA) Report, which characterized the 
overall species' viability in the future. In the SSA Report, the impact 
of brown-headed cowbird parasitism on certain locations was expressed 
in terms of sustainability and expansion of populations. Additionally, 
the black-capped vireo was identified as ``conservation-reliant'' due 
to successful recovery actions being implemented, largely cowbird 
management. In this document, we provide clarification to the 
information regarding cowbird management.
    The Service believes cowbird management was a major factor leading 
to the recovery of the species, and the importance of cowbird 
management was discussed in the SSA Report. Particularly, the black-
capped vireo population in Oklahoma and localities in the eastern 
portion of the Texas range may be reliant on cowbird management 
periodically, or perpetually, to ensure minimal losses of current 
population numbers. In this regard, we assume the species may be 
``conservation reliant,'' due to efforts necessary to retain healthy 
shrublands and reduce brown-headed cowbird parasitism under certain 
conditions in portions of the range. Based on the comprehensive 
information collected for the SSA Report, there is inherent uncertainty 
in forecasting future threats and population status scenarios over a 
50-year timeframe. To address this uncertainty and ensure that the 
black-capped vireo continues to prosper, the SSA Report noted the 
importance of continued management of known populations of the species. 
To further this recommendation, the Service has obtained mutual 
commitments with many of our partners in the form of cooperative 
management agreements or other strategies to continue to manage known 
populations of the black-capped vireo and implement the PDM plan. These 
cooperative management agreements are included in the PDM plan, and 
provide assurances that PDM will detect trends in the black-capped 
vireo status and threats and the species' biological status will 
continue to improve.
    In addition, we have corrected errors in Table 14 of the SSA Report 
(page 105). This table presented the results of forecast scenarios 
under short- and long-term managed and unmanaged conditions from Table 
13, which is correct. Among the corrections to Table 14 was the 
shifting of one ``likely resilient locality'' in the short-term worst-
case scenario between recovery units, and identifying one less 
``manageable locality'' in the long-term worst-case scenario. These 
corrections do not change the results of the SSA analysis. The SSA with 
the corrected table is included in the docket (FWS-R2-ES-2016-0110) for 
the proposed rule on www.regulations.gov and can also be accessed at 
https://www.fws.gov/southwest/es/ArlingtonTexas/.
    For more background information on the black-capped vireo, refer to 
our Black-capped Vireo Species Status Assessment (SSA) Report available 
in the docket (FWS-R2-ES-2016-0110) for the proposed rule on 
www.regulations.gov and also at https://www.fws.gov/southwest/es/ArlingtonTexas/.
    The Act, section 4(g)(1), requires us to implement a system, in 
cooperation with the States, to effectively monitor the status of each 
species we remove from the Federal Lists of Endangered and Threatened 
Wildlife and Plants due to recovery. The monitoring must occur for at 
least 5 years. The PDM's purpose is to verify that a species we delist 
due to recovery remains secure from risk of extinction after we remove 
the Act's protections.
    To fulfill the PDM requirement, we drafted a black-capped vireo 
monitoring plan in cooperation with the Texas Parks and Wildlife 
Department, Oklahoma Department of Wildlife Conservation, Fort Hood and 
Fort Sill Military Installations, and The Nature Conservancy of Texas. 
Over a 12-year period, we propose to monitor abundance trends at 
managed localities with known populations of greater than 30 adult male 
vireos, estimate population trends at 4 major localities, and monitor 
the residual threats of brown-headed cowbird parasitism, land

[[Page 11164]]

use changes, and densities of livestock and deer.
    Abundance monitoring would focus on known black-capped vireo 
localities under some form of management and for which the SSA Report 
forecasted future persistence. Through monitoring these localities, we 
can track abundance trends and compare those to the SSA Report 
forecasts. Additionally, four major localities with several years of 
population trend data will continue to be monitored to detect changes 
in trends over the 12-year period. In conjunction with abundance 
monitoring, a subset of vireo nests will be monitored to determine 
brown-headed cowbird parasitism rates at these localities. The PDM plan 
defines monitoring thresholds which, if reached, may result in 
additional actions. The monitoring thresholds are based on maintaining 
resiliency, redundancy, and representation, as described in the black-
capped vireo SSA Report. Land use trends, livestock, and deer within 
the vireo's range will also be monitored to ensure we detect changes 
that may affect the species.
    The draft PDM plan includes both interim and final reporting 
requirements. If PDM results in a concern regarding the vireo's status 
or increasing threats, possible responses may include an extended or 
intensified monitoring effort, additional research, or an increased 
effort to improve habitat and reduce the threat. If future information 
collected from the PDM, or any other reliable source, indicates an 
increased likelihood that the species may become in danger of 
extinction, we will initiate a black-capped vireo status review and 
determine if re-listing the species is warranted.
    In addition to public review of the draft PDM plan, we are 
requesting independent expert peer review from knowledgeable 
individuals with scientific expertise that includes knowledge of song 
bird ecology and conservation biology principles. Draft PDM plan peer 
review is in accordance with our policy ``Notice of Interagency 
Cooperative Policy for Peer Review in Endangered Species Act 
Activities,'' published on July 1, 1994 (59 FR 34270).

Viewing Documents

    Comments and materials we receive from the public and peer 
reviewers, as well as supporting documentation we used in preparing the 
draft PDM plan, will be available for public inspection by appointment, 
during normal business hours at the Arlington Ecological Services Field 
Office (see ADDRESSES) and on the internet at www.regulations.gov in 
Docket No. FWS-R2-ES-2016-0110. Once approved, the final black-capped 
vireo PDM plan and any future PDM plan revisions will be available at 
www.regulations.gov and on our web page (https://endangered.fws.gov) and 
the Arlington Ecological Services Field Office web page (https://www.fws.gov/southwest/es/ArlingtonTexas/).

Request for Public Comments

    We intend for our final PDM plan to be as accurate and as effective 
as possible. Therefore, we request comments or suggestions on this 
black-capped vireo draft PDM plan from the public, concerned 
governmental agencies, the scientific community, industry, or any other 
interested party. We will take into consideration substantive comments 
we receive by the comment due date (see DATES). These comments, and any 
additional information we receive, may lead us to develop a final PDM 
plan that differs from this draft PDM plan. If you have already 
submitted a comment in response to the proposed rule, the comment has 
been incorporated into the record for the rulemaking, is being 
considered, and does not need to be submitted again.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire document--including your personal identifying 
information--may be made publicly available at any time. While you may 
request at the top of your document that we withhold this information 
from public review, we cannot guarantee that we will be able to do so.

Authors

    The primary authors of this document are staff at the Arlington 
Ecological Services Field Office (see ADDRESSES).

Authority

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

    Dated: February 7, 2018.
James W. Kurth.
Deputy Director, U.S. Fish and Wildlife Service Exercising the 
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-05146 Filed 3-13-18; 8:45 am]
 BILLING CODE 4333-15-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.