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Proposed Rule DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [FWS–R1–ES–2013-0013; 4500030113] RIN 1018–AZ04 Endangered and Threatened Wildlife and Plants; Threatened Status for Oregon Spotted Frog AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. SUMMARY: We, the U.S. Fish and Wildlife Service, propose to list the Oregon spotted frog (Rana pretiosa), as a threatened species under the Endangered Species Act. If we finalize this rule as proposed, it would extend the Act's protections to this species. The effect of this regulation is to add this species to the list of Endangered and Threatened 1 wildlife under the Act. DATES: We will accept comments received or postmarked on or before [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES section, below) must be received by 11:59 p.m. Eastern Time on the closing date. We must receive requests for public hearings, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by [INSERT DATE 45 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: Written Comments: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS–R1-ES-2013-0013, which is the docket number for this rulemaking. 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–R1-ES-2013-0013; 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 http://www.regulations.gov. This generally means that we will 2 post any personal information you provide us (see the Public Comments section below for more information). FOR FURTHER INFORMATION CONTACT: Ken Berg, Manager, U.S. Fish and Wildlife Service, Washington Fish and Wildlife Office, 510 Desmond Drive SE, Suite 102, Lacey, WA 98503, by telephone 360-753-9440 or by facsimile 360-753-9445. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339. SUPPLEMENTARY INFORMATION: Executive Summary Why we need to publish a rule. Under the Act, if a species is determined to be an endangered or threatened species throughout all or a significant portion of its range, we are required to promptly publish a proposal in the Federal Register and make a determination on our proposal within 1 year. Listing a species as an endangered or threatened species can be completed only by issuing a rulemaking. The Oregon spotted frog is a candidate for listing and, by virtue of a settlement agreement with Wild Earth Guardians, we must make a final listing determination under the Act by the end of fiscal year 2014. • This rule will propose to list the Oregon spotted frog as threatened. 3 The basis for our action. Under the Act, we can determine that a species is an endangered or threatened species based on any of five factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) Overutilization for commercial, recreational, scientific, or educational purposes; (C) Disease or predation; (D) The inadequacy of existing regulatory mechanisms; or (E) Other natural or manmade factors affecting its continued existence. We have determined that the Oregon spotted frog is impacted by one or more of the following factors to the extent that the species meets the definition of a threatened species under the Act: • Habitat necessary to support all life stages is continuing to be impacted and/or destroyed by human activities that result in the loss of wetlands to land conversions; hydrologic changes resulting from operation of existing water diversions/manipulation structures, new and existing residential and road developments, drought, and removal of beavers; changes in water temperature and vegetation structure resulting from reed canarygrass invasions, plant succession, and restoration plantings; and increased sedimentation, increased water temperatures, reduced water quality, and vegetation changes resulting from the timing and intensity of livestock grazing (or in some instances, removal of livestock grazing at locations where it maintains early seral stage habitat essential for breeding); 4 • Predation by nonnative species, including nonnative trout and bullfrogs; • Inadequate existing regulatory mechanisms that result in significant negative impacts such as habitat loss and modification; and • Other natural or manmade factors including small and isolated breeding locations, low connectivity, low genetic diversity within occupied sub-basins, and genetic differentiation between sub-basins. We will seek peer review. We are seeking comments from knowledgeable individuals with scientific expertise to review our analysis of the best available science and application of that science and to provide any additional scientific information to improve this proposed rule. Because we will consider all comments and information received during the comment period, our final determination may differ from this proposal. Information Requested We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from the public, other concerned governmental agencies, Native American tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. We particularly seek comments concerning: (1) The species’ biology, range, and population trends, including: 5 (a) Habitat requirements for feeding, breeding, and sheltering; (b) Genetics and taxonomy; (c) Historical and current range including distribution patterns; (d) Historical and current population levels, and current and projected trends; and (e) Past and ongoing conservation measures for the species, its habitat or both. (2) The factors that are the basis for making a listing determination for a species under section 4(a) of the Act (16 U.S.C. 1531 et seq.), which are: (a) The present or threatened destruction, modification, or curtailment of its habitat or range; (b) Overutilization for commercial, recreational, scientific, or educational purposes; (c) Disease or predation; (d) The inadequacy of existing regulatory mechanisms; or (e) Other natural or manmade factors affecting its continued existence. (3) Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to this species and existing regulations that may be addressing those threats. (4) Additional information concerning the historical and current status, range, distribution, and population size of this species, including the locations of any additional populations of this species. 6 (5) Any information on the biological or ecological requirements of the species, and ongoing conservation measures for the species and its habitat. (6) Land use designations and current or planned activities in the areas occupied by the species and possible impacts of these activities on this species. (7) Information on the projected and reasonably likely impacts of climate change on the Oregon spotted frog. (8) Information on the type, application of, and methods of monitoring chemical contaminants, in addition to the projected and reasonably likely impacts of chemical contaminants on the Oregon spotted frog. (9) The development of a 4(d) special rule. We are also considering developing a special rule to exempt certain ongoing land and water management activities (e.g., grazing, mechanical vegetation management, water level manipulation) from take prohibitions of the Act if the Oregon spotted frog is listed, when those activities are conducted in a manner consistent with the conservation of the frog. Under section 4(d) of the Act, the Secretary may publish a special rule that modifies the standard protections for threatened species with special measures tailored to the conservation of the species that are determined to be necessary and advisable. Note that a 4(d) special rule will not remove or alter in any way the consultation requirements under section 7 of the Act. 7 We see meaningful opportunities to conserve the Oregon spotted frog by allowing and promoting ongoing, and possibly new, activities on non-Federal lands that contribute to the conservation of this now largely management-dependent species. The Service is continuing to evaluate the range and scope of activities that may be consistent with the conservation of the frog and the range of options for providing “take” coverage (e.g., special rules, Habitat Conservation Plans, Safe Harbor Agreements, and other types of conservation agreements) for non-Federal landowners conducting these activities that further Oregon spotted frog conservation. We are specifically seeking information and comments regarding: (a) What measures are necessary and advisable for the conservation and management of the Oregon spotted frog that are appropriate for a proposed 4(d) special rule to encourage landowners to manage their lands for the benefit of the Oregon spotted frog. (b) Information regarding the types of activities that occur within Oregon spotted frog habitat and how they are or can be implemented (e.g.,
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