Proposed Rule to List Grotto Sculpin As
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Vol. 77 Thursday, No. 188 September 27, 2012 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Endangered Status for Grotto Sculpin and Designation of Critical Habitat; Proposed Rule VerDate Mar<15>2010 15:01 Sep 26, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\27SEP2.SGM 27SEP2 erowe on DSK2VPTVN1PROD with 59488 Federal Register / Vol. 77, No. 188 / Thursday, September 27, 2012 / Proposed Rules DEPARTMENT OF THE INTERIOR button. You may submit a comment by endangered or threatened species clicking on ‘‘Comment Now!.’’ If your throughout all or a significant portion of Fish and Wildlife Service comments will fit in the provided its range. This species has been a comment box, please use this feature of candidate for listing since 2002, but was 50 CFR Part 17 http://www.regulations.gov, as it is most precluded from listing by other higher [Docket No. FWS–R3–ES–2012–0065; compatible with our comment review priority actions. The grotto sculpin 4500030113] procedures. If you attach your currently is afforded no protection comments as a separate document, our under the Act, and, because of RIN 1018–AY16 preferred file format is Microsoft Word. continued threats, it warrants the protections afforded by listing under the Endangered and Threatened Wildlife If you attach multiple comments (such as form letters), our preferred format is Act. We are proposing to list the grotto and Plants; Endangered Status for sculpin as an endangered species. Grotto Sculpin and Designation of a spreadsheet in Microsoft Excel. (2) By hard copy: Submit by U.S. mail Listing a species as an endangered Critical Habitat or hand-delivery to: Public Comments species or threatened species and AGENCY: Fish and Wildlife Service, Processing, Attn: FWS–R3–ES–2012– designating critical habitat can only be Interior. 0065; Division of Policy and Directives done by issuing a rule. ACTION: Proposed rule. Management; U.S. Fish and Wildlife The basis for our action. Under the Service; 4401 N. Fairfax Drive, MS Act, we can determine that a species is SUMMARY: We, the U.S. Fish and 2042–PDM; Arlington, VA 22203. an endangered or threatened species Wildlife Service, propose to list the We request that you send comments based on any of five factors: (A) The grotto sculpin (Cottus sp. nov.) as an only by the methods described above. present or threatened destruction, endangered species under the We will post all comments on http:// modification, or curtailment of its Endangered Species Act of 1973, and www.regulations.gov. This generally habitat or range; (B) overutilization for propose to designate critical habitat for means that we will post any personal commercial, recreational, scientific, or the species. In total, all underground information you provide us (see the educational purposes; (C) disease or aquatic habitat underlying Information Requested section below for predation; (D) the inadequacy of approximately 94 square kilometers (36 more information). existing regulatory mechanisms; or (E) square miles) plus 31 kilometers (19.2 The coordinates or plot points or both other natural or manmade factors miles) of surface stream are being from which the critical habitat maps are affecting its continued existence. We proposed for designation as critical generated are included in the have determined the threats to the habitat. The proposed critical habitat is administrative record for this species include: located in Perry County, Missouri. If rulemaking and are available at http:// • Habitat loss and degradation of adopted, the effect of these regulations www.fws.gov/midwest/Endangered, aquatic resources, including such things is to conserve grotto sculpin and its www.regulations.gov at Docket No. as illegal waste disposal, chemical habitat under the Endangered Species FWS–R3–ES–2012–0065, and at the leaching, contaminated groundwater, Act. Columbia Missouri Ecological Services vertical drains, urban development, DATES: Field Office (see FOR FURTHER sedimentation, and industrial sand INFORMATION CONTACT). Any additional mining. Written Comments: We will accept • comments received or postmarked on or tools or supporting information that we Predation by nonnative predators. • Inadequate existing regulatory before November 26, 2012. Comments may develop for this rulemaking will mechanisms that allow significant submitted electronically using the also be available at the Fish and threats such as water contamination and Federal eRulemaking Portal (see Wildlife Service Web site and Field Office set out above, and may also be exploitation of sinkholes. ADDRESSES section, below) must be • Other natural or manmade factors, received by 11:59 p.m. Eastern Time on included in the preamble and/or at www.regulations.gov. including loss of genetic diversity, the closing date. We must receive natural environmental variability, and requests for public hearings, in writing, FOR FURTHER INFORMATION CONTACT: climate conditions such as drought. at the address shown in the FOR FURTHER Amy Salveter, Field Supervisor, U.S. This rule proposes to designate INFORMATION CONTACT section by Fish and Wildlife Service, Columbia critical habitat for the species. If November 13, 2012. Missouri Ecological Services Field prudent and determinable, we must Public Meeting: To better inform the Office, 101 Park De Ville Drive, Suite A, designate critical habitat for endangered public of the implications of the Columbia, MO 65203; by telephone or threatened species. We are required proposed listing and proposed critical 573–234–2132; or by facsimile 573– to base the designation on the best habitat, and to answer any questions 234–2181. Persons who use a available scientific data after taking into regarding this proposed rule, we plan to telecommunications device for the deaf consideration economic and other hold a public meeting on Tuesday, (TDD) may call the Federal Information impacts. We can exclude an area from October 30 from 5–8 p.m. at the Relay Service (FIRS) at 800–877–8339. critical habitat if the benefits of Perryville Higher Education Center, 108 SUPPLEMENTARY INFORMATION: This exclusion outweigh the benefits of South Progress Drive, Perryville, MO document consists of: (1) A proposed designation, unless the exclusion will 63775. rule to list the grotto sculpin as an result in the extinction of the species. ADDRESSES: Written Comments: You endangered species; and (2) a proposed We are proposing to designate critical may submit comments by one of the critical habitat designation for the grotto habitat in Perry County, Missouri, as following methods: sculpin. follows: (1) Electronically: Go to the Federal • Two units comprised of all eRulemaking Portal: http:// Executive Summary underground aquatic habitat underlying www.regulations.gov. In the Search box, Why we need to publish a rule. A approximately 94 km2 (36.28 mi2). enter Docket No. FWS–R3–ES–2012– species may warrant protection through • Two units that include 0065, which is the docket number for listing under the Endangered Species approximately 31 kilometers (19.2 this rulemaking. Then, click the Search Act (Act) if it meets the definition of an miles) of surface stream. VerDate Mar<15>2010 15:01 Sep 26, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\27SEP2.SGM 27SEP2 erowe on DSK2VPTVN1PROD with Federal Register / Vol. 77, No. 188 / Thursday, September 27, 2012 / Proposed Rules 59489 We are preparing an economic distribution, and population size of this benefits of the proposed critical habitat analysis. To ensure that we consider the species, including the locations of any designation. economic impacts, we are preparing an additional populations of this species; Please note that submissions merely economic analysis of the proposed (5) The reasons why we should or stating support for or opposition to the designation. should not designate habitat as ‘‘critical action under consideration without We will seek peer review. We are habitat’’ under section 4 of the Act (16 providing supporting information, seeking comments from independent U.S.C. 1531 et seq.), including whether although noted, will not be considered specialists to ensure that our listing there are threats to the species from in making a determination, as section determination and critical habitat human activity, the degree of which can 4(b)(1)(A) of the Act directs that designation are based on scientifically be expected to increase due to the determinations as to whether any sound data and analyses. We will invite designation, and whether that increase species is a threatened or endangered these peer reviewers to comment, in threats outweighs the benefit of species must be made ‘‘solely on the during the comment period, on our designation such that the designation of basis of the best scientific and proposed listing and critical habitat critical habitat is not prudent. commercial data available.’’ designation. Because we will consider (6) Specific information on: You may submit your comments and all comments and information received (a) The amount and distribution of materials concerning this proposed rule during the comment period, our final grotto sculpin and its habitat, by one of the methods listed in the determination may differ from this (b) What may constitute ‘‘physical or ADDRESSES section. We request that you proposal. biological features essential to the conservation of the species,’’ within the send comments only by the methods Information Requested geographical