Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Threatened Status for the Bi-State Distinct Population Segment of Greater Sage-Grouse, 52058-52059 [2019-21385]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Proposed Rules]
[Pages 52058-52059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21385]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket Nos. FWS-R8-ES-2018-0106 and FWS-R8-ES-2018-0107; 4500030113]
RINs 1018-BD87 and 1018-BD88


Endangered and Threatened Wildlife and Plants; 6-Month Extension 
of Final Determination on the Proposed Threatened Status for the Bi-
State Distinct Population Segment of Greater Sage-Grouse

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment periods.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
6-month extension of the final determination of whether to list the Bi-
State distinct population segment (DPS) of greater sage-grouse 
(Centrocercus urophasianus) as threatened under the Endangered Species 
Act (Act). We are taking this action to extend the final determination 
based on substantial disagreement regarding the sufficiency and 
accuracy of the available data relevant to the proposed listing, making 
it necessary to solicit additional information. Therefore, along with 
this announcement to extend the final determination, we are also 
reopening, for an additional 30 days, the comment periods for the 
proposed rule to list the species and the proposed rule to designate 
critical habitat for the species. Comments previously submitted need 
not be resubmitted as they are already incorporated into the public 
record and will be fully considered in the final rules. We will submit 
a final listing determination to the Federal Register on or before 
April 1, 2020.

DATES: The comment periods on the proposed rules that published October 
28, 2013 (78 FR 64358 and 78 FR 64328), are reopened. We will accept 
comments received or postmarked on or before October 31, 2019.

ADDRESSES: Comment submission: 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 either FWS-R8-ES-2018-
0106, which is the docket number for the proposed listing determination 
and section 4(d) rule, or FWS-R8-ES-2018-0107, which is the docket 
number for the proposed critical habitat designation. Then click on the 
Search button. On the resulting page, in the Search panel on the left 
side of the screen, under the Document Type heading, click on the 
Proposed Rule box to locate this document. Please ensure you have 
located the correct document before submitting your comments. You may 
submit a comment by clicking on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail or hand-deliver to: Public 
Comments Processing, Attn: [enter appropriate docket number: Docket No. 
FWS-R8-ES-2018-0106 for the proposed listing determination and section 
4(d) rule, or Docket No. FWS-R8-ES-2018-0107 for the proposed critical 
habitat designation], U.S. Fish and Wildlife Service, MS: JAO/1N, 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 Information Requested, below, for more information).

FOR FURTHER INFORMATION CONTACT: Lee Ann Carranza, Deputy Field 
Supervisor, U.S. Fish and Wildlife Service, Reno Fish and Wildlife 
Office, 1340 Financial Boulevard, Suite 234, Reno, NV 89502; telephone 
775-861-6300. Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    On October 28, 2013, we published in the Federal Register (78 FR 
64358) a proposed rule to list the Bi-State DPS of greater sage-grouse 
in California and Nevada as a threatened species under the Act (16 
U.S.C. 1531 et seq.), with a rule issued under section 4(d) of the Act. 
On the same day, we published in the Federal Register (78 FR 64328) a 
proposed rule to designate critical habitat for the Bi-State DPS of 
greater sage-grouse. On April 23, 2015, we published in the Federal 
Register (80 FR 22828) a withdrawal of both these proposed rules. This 
decision was based on our conclusion that the threats to the DPS as 
identified in the proposed listing rule were no longer as significant 
as believed at the time of publication of the proposed listing rule, 
and that conservation plans were ameliorating threats to the DPS. Thus, 
we concluded that the Bi-State DPS did not meet the definition of an 
endangered or a threatened species throughout all or a significant 
portion of its range.
    On March 9, 2016, Desert Survivors, the Center for Biological 
Diversity, WildEarth Guardians, and Western Watershed Project filed 
suit in the U.S. District Court for the Northern District of 
California. The suit challenged the withdrawal of the proposal to list 
the Bi-State DPS. On May 5, 2018, the court issued a decision that 
vacated and remanded the April 23, 2015, withdrawal decision to the 
Service for further consideration consistent with the order.
    The court's action returns the process to the proposed rule stage, 
and the status of the Bi-State DPS has effectively reverted to that of 
a proposed species for the purposes of consultation under section 7 of 
the Act; it also reinstates the proposed 4(d) rule, as well as the 
proposed critical habitat designation for the Bi-State DPS (78 FR 
64328; October 28, 2013). In accordance with the 2018 court order, on 
April 12, 2019 (84 FR 14909), we reopened the comment periods on the 
October 28, 2013, proposed rules to list the Bi-State DPS as threatened 
with a section 4(d) rule (78 FR 64358), and the proposed critical 
habitat designation for the DPS (78 FR 65328). The reopened comment 
periods closed on June 11, 2019.

This 6-Month Extension

    The 2018 court order set an October 1, 2019 deadline for the 
Service to issues its final listing determination, unless, and as 
consistent with section 4(b)(6) of the Act and its implementing 
regulations at 50 CFR 424.17(a)(1)(iv), the Service finds that there is 
substantial disagreement regarding the sufficiency or accuracy of the 
available data relevant to the determination. Under such circumstance, 
the deadline will be extended to April 1, 2020.
    Since the October 28, 2013, publication of the proposed rules, 
there has been ongoing disagreement regarding the interpretation and 
accuracy of the best available information pertaining to the Bi-State 
DPS' population abundance, trend, and distribution across the six 
population management units through time. In particular, there has been 
substantial disagreement regarding the application of new population 
models from 2018 and 2019, and how results from these models should be 
interpreted in regards to the status of the species. The substantial 
nature of this disagreement on the current status of the species became 
evident during the recently reopened comment period where differing 
interpretations of the existing population data, in addition to new and 
emerging population data, were discussed by commenters. Disagreement 
was also evident regarding the availability of certain scientific 
research

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products at different stages of completion for use in the ongoing 
species assessment. Some of the confusion can be due to the difference 
between the findings of preliminary and final research. Since 
preliminary research findings pertaining to apparent population 
abundance and trends are often presented at local area working group 
meetings, confusion or disagreement among commenters could depend on 
the timing of their participation. It is evident in phone calls and 
comment letters we received that analysis or interpretation of 
population abundance and trend data vary between Federal, State, and 
local governmental agencies; the public; and peer reviewers.
    We find that there is substantial scientific disagreement about 
population abundance and trend 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 
whether to list the Bi-State DPS of greater sage-grouse as threatened 
under the Act is necessary, and we are hereby extending the final 
determination for 6 months in order to solicit and consider additional 
information that will help to clarify these issues and to fully analyze 
data that are relevant to our final listing determination. With this 6-
month extension, we will make a final determination on the proposed 
rule no later than April 1, 2020.

Information Requested

    We will accept written comments and information during this 
reopened comment period on our October 28, 2013, proposed rules to list 
the Bi-State DPS as threatened with a section 4(d) rule (78 FR 64358), 
and the proposed critical habitat designation for the DPS (78 FR 
65328). 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.
    In consideration of the scientific disagreements about certain 
data, we are particularly interested in new information and comments 
regarding the Bi-State DPS's biology, distribution, population size and 
trend, including:
    (1) Habitat requirements for feeding, breeding, and sheltering;
    (2) Genetics and taxonomy;
    (3) Historical and current range, including distribution patterns; 
and
    (4) Historical and current population levels, and current and 
projected trends.
    If you submitted comments or information on the October 28, 2013, 
proposed rule to list the Bi-State DPS as threatened with a section 
4(d) rule (78 FR 64358), or on the October 28, 2013, proposed rule to 
designate critical habitat for the DPS (78 FR 65328), either during the 
initial comment period or on any of the subsequent comment periods in 
2013, 2014, or 2019, please do not resubmit them. Any such comments are 
incorporated as part of the public record of the rulemaking proceeding, 
and we will fully consider them in the preparation of our final 
determinations.
    You may submit your comments and materials concerning the proposed 
rules 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 
website. 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 will be available for public 
inspection on https://www.regulations.gov under Docket No. FWS-R8-ES-
2018-0106 for the proposed listing determination and section 4(d) rule, 
and Docket No. FWS-R8-ES-2018-0107 for the proposed critical habitat 
designation. Supporting documentation we used in preparing the proposed 
rules is available for public inspection on https://www.regulations.gov 
under Docket No. FWS-R8-ES-2013-0072 for the proposed listing 
determination and section 4(d) rule, or Docket No. FWS-R8-ES-2013-0042 
for the proposed critical habitat designation, or by appointment, 
during normal business hours, at the U.S. Fish and Wildlife Service, 
Reno Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). 
You may obtain copies of the proposed rules on https://www.regulations.gov under Docket No. FWS-R8-ES-2013-0072 for the 
proposed listing determination and section 4(d) rule, or Docket No. 
FWS-R8-ES-2013-0042 for the proposed critical habitat designation, or 
by mail from the Reno Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT). Please note that the 2013 dockets contain 
documents and other information related to the proposed rules, as well 
as the comments received and the proposed rules themselves, while the 
2018 dockets are the correct dockets for submission of comments during 
these reopened public comment periods (see DATES, above).

Authors

    The primary author of this document is the Service's Reno Fish and 
Wildlife Office in Reno, Nevada, in coordination with the Service's 
Pacific Southwest Regional Office in Sacramento, California.

Authority

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

    Dated: September 4, 2019.
Margaret E. Everson,
Principal Deputy Director, U.S. Fish and Wildlife Service, Exercising 
the Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2019-21385 Filed 9-27-19; 11:15 am]
BILLING CODE 4333-15-P