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12-Month Petition Finding, Listing of the Spring Pygmy Sunfish As Threatened, and Designation of Critical Habitat; Proposed Rule

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12-Month Petition Finding, Listing of the Spring Pygmy Sunfish As Threatened, and Designation of Critical Habitat; Proposed Rule Vol. 77 Tuesday, No. 191 October 2, 2012 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Petition Finding, Listing of the Spring Pygmy Sunfish as Threatened, and Designation of Critical Habitat; Proposed Rule VerDate Mar<15>2010 15:09 Oct 01, 2012 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02OCP2.SGM 02OCP2 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2 60180 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules DEPARTMENT OF THE INTERIOR We will post all comments on http:// The basis for our action. Under the www.regulations.gov. This generally Act, a species may be determined to be Fish and Wildlife Service means that we will post any personal endangered or threatened based on any information you provide us (see the of five factors: (A) Destruction, 50 CFR Part 17 Information Requested section below for modification, or curtailment of its [Docket No. FWS–R4–ES–2012–0068; more details). habitat or range; (B) overutilization for 4500030113] The coordinates or plot points or both commercial, recreational, scientific, or from which the maps are generated are educational purposes; (C) disease or RIN 1018–AY19 included in the administrative record predation; (D) the inadequacy of Endangered and Threatened Wildlife for this critical habitat designation and existing regulatory mechanisms; or (E) and Plants; 12-Month Petition Finding, are available at http://www.fws.gov/ other natural or manmade factors Listing of the Spring Pygmy Sunfish as mississippiES/, http:// affecting its continued existence. The Threatened, and Designation of Critical www.regulations.gov at Docket No. spring pygmy sunfish is facing threats Habitat FWS–R4–ES–2012–0068, and at the due to three of these five factors (A, D, Mississippi Ecological Services Field and E), and potentially faces threats AGENCY: Fish and Wildlife Service, Office (see FOR FURTHER INFORMATION under a fourth (Factor C.) The Act also Interior. CONTACT). Any additional tools or requires that the Service designate ACTION: 12-Month finding; proposed supporting information that we may critical habitat at the time of listing rule. develop for this critical habitat provided that it is prudent and designation will also be available at the determinable. We have determined that SUMMARY: We, the U.S. Fish and above locations. it is both prudent and determinable (see Wildlife Service (Service), announce a FOR FURTHER INFORMATION CONTACT: Critical Habitat section below) and are 12-month finding on a petition to list proposing approximately 8 stream mi the spring pygmy sunfish (Elassoma Stephen Ricks, Field Supervisor, Mississippi Ecological Services Field (12.9 km) and 1,617 ac (654.4 ha) of alabamae) as threatened under the spring system habitat and adjacent Endangered Species Act of 1973, as Office, 6578 Dogwood View Parkway, Jackson, MS 39213; by telephone (601– upland buffers for designation as critical amended (Act), and to designate critical habitat. habitat. After review of all available 321–1122); or by facsimile (601–965– Peer review is important. In addition scientific and commercial information, 4340). If you use a telecommunications to seeking public comments, we will we find that listing the spring pygmy device for the deaf (TDD), please call the solicit peer review of this proposal from sunfish as a threatened species under Federal Information Relay Service at least three experts knowledgeable in the Act is warranted. Accordingly, we (FIRS) at 800–877–8339. propose to list the spring pygmy sunfish SUPPLEMENTARY INFORMATION: This spring pygmy sunfish biology and basic as a threatened species throughout its document consists of: (1) A 12-month conservation biology principles and range and designate critical habitat for petition finding that listing the spring concepts. the species under the Act. In total, we pygmy sunfish under the Act is Information Requested propose approximately 8 stream miles warranted; (2) a proposed rule to list the (mi) (12.9 kilometers (km)) and 1,617 spring pygmy sunfish as threatened; and We intend that any final action acres (ac) (654.4 hectares (ha)) of spring (3) a proposed rule to designate critical resulting from this proposed rule will be pool and spring-influenced wetland in habitat for this species. based on the best scientific and commercial data available and be as Limestone County, Alabama, for Executive Summary designation as critical habitat. accurate and as effective as possible. Therefore, we request comments or DATES: We will consider comments Why we need to publish a rule. Under information from other concerned received or postmarked on or before the Endangered Species Act, 16 U.S.C. Federal and State agencies, the scientific December 3, 2012. We must receive 1531 et seq., a species or subspecies community, or any other interested requests for a public hearing, in writing, may warrant protection through listing party concerning this proposed rule. We at the address shown in the FOR FURTHER if it is endangered or threatened particularly seek comments concerning: INFORMATION CONTACT section by throughout all or a significant portion of November 16, 2012. Comments its range. We are proposing to list the (1) Additional information concerning submitted electronically using the spring pygmy sunfish as threatened the historical and current status, range, Federal eRulemaking Portal (see under the Act because of current and distribution, and population size of the ADDRESSES section, below) must be future threats, and listing can only be spring pygmy sunfish, including the received by 11:59 p.m. Eastern Time on done by issuing a rule. The spring locations of any additional populations. the closing date. pygmy sunfish no longer occurs at two (2) Any information on the biological or ecological requirements of the species ADDRESSES: of the three spring systems in which it (1) Electronically: Go to the Federal historically was found, and faces a and ongoing conservation measures for eRulemaking Portal: http:// variety of threats in the Beaverdam the species and its habitat. www.regulations.gov. Search for Docket Spring/Creek System, the only location (3) Biological, commercial trade, or No. FWS–R4–ES–2012–0068, which is where it currently occurs. We are also other relevant data concerning any the docket number for this rulemaking. proposing to designate critical habitat threats (or lack thereof) to this species (2) By hard copy: Submit by U.S. mail under the Act. Critical habitat and regulations that may be addressing or hand-delivery to: Public Comments represents geographical areas that are those threats. Processing, Attn: FWS–R4–ES–2012– essential to a species’ conservation, and (4) Current or planned activities in the 0068; Division of Policy and Directives is designated on the basis of the best areas occupied by the species and Management, U.S. Fish and Wildlife scientific information available after possible impacts of these activities on Service, 4401 N. Fairfax Drive, MS taking into consideration the economic this species. 2042–PDM; Arlington, VA 22203. impact, impact on national security, and (5) Additional information regarding We request that you send comments any other relevant impact of specifying the threats to the species under the five only by the methods described above. any particular area as critical habitat. listing factors, which are: VerDate Mar<15>2010 15:09 Oct 01, 2012 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules 60181 (a) The present or threatened (12) Information on whether the Federal Lists of Threatened and destruction, modification, or benefits of the exclusion of lands Endangered Wildlife and Plants (Lists) curtailment of its habitat or range; covered by the Belle Mina Farm, Ltd., that contains substantial scientific or (b) Overutilization for commercial, CCAA, or any other particular area, commercial information that listing a recreational, scientific, or educational outweigh the benefits of inclusion under species may be warranted, we make a purposes; section 4(b)(2) of the Act. finding within 12 months of the date of (c) Disease or predation; (13) Whether we could improve or receipt of the petition that the (d) The inadequacy of existing modify our approach to designating petitioned action is either: (a) Not regulatory mechanisms; and critical habitat in any way to provide for warranted; (b) warranted; or (c) (e) Other natural or manmade factors greater public participation and warranted, but the immediate proposal affecting its continued existence. understanding, or to better of a regulation implementing the (6) Any information regarding accommodate public concerns and petitioned action is precluded by other ongoing conservation activities for the comments. pending proposals to determine whether spring pygmy sunfish, including the Please note that submissions merely any species is endangered or threatened, Belle Mina Farm, Ltd., candidate stating support for or opposition to the and expeditious progress is being made conservation agreement with assurances action under consideration without to add or remove qualified species from (CCAA), and their effect on the status of providing supporting information, the Lists. With this publication, we have the species. although noted, will not be considered determined that the petitioned action to
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