Federal Register/Vol. 83, No. 67/Friday, April 6, 2018/Rules And

14958 Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations DEPARTMENT OF THE INTERIOR What this document does. This final interested parties and invited them to rule will add the Louisiana pinesnake comment on the proposal. We did not Fish and Wildlife Service (Pituophis ruthveni) as a threatened receive any requests for a public species to the List of Endangered and hearing. All substantive information 50 CFR Part 17 Threatened Wildlife in title 50 of the provided during comment periods has [Docket No. FWS–R4–ES–2016–0121; Code of Federal Regulations at 50 CFR either been incorporated directly into 4500030113] 17.11(h). this final determination or addressed The basis for our action. Under the below. RIN 1018–BB46 Endangered Species Act, we may determine that a species is an Peer Reviewer Comments Endangered and Threatened Wildlife endangered or threatened species based In accordance with our peer review and Plants; Threatened Species Status on any of five factors: (A) The present for Louisiana Pinesnake policy published on July 1, 1994 (59 FR or threatened destruction, modification, 34270), we solicited expert opinion AGENCY: Fish and Wildlife Service, or curtailment of its habitat or range; (B) from six knowledgeable individuals Interior. overutilization for commercial, with scientific expertise that included ACTION: Final rule. recreational, scientific, or educational familiarity with Louisiana pinesnake purposes; (C) disease or predation; (D) and its habitat, biological needs, and SUMMARY: We, the U.S. Fish and the inadequacy of existing regulatory threats, and experience studying other Wildlife Service (Service), determine mechanisms; or (E) other natural or pinesnake species. We received threatened species status under the manmade factors affecting its continued responses from all of the peer reviewers. Endangered Species Act of 1973 (Act), existence. We have determined that the We reviewed all comments we as amended, for Louisiana pinesnake Louisiana pinesnake is threatened received from the peer reviewers for (Pituophis ruthveni), a reptile species primarily because of the past and substantive issues and new information from Louisiana and Texas. The effect of continuing loss, degradation, and regarding the listing of Louisiana this regulation will be to add this fragmentation of habitat in association pinesnake. The peer reviewers generally species to the List of Endangered and with incompatible silviculture, fire concurred with our presentation of the Threatened Wildlife. suppression, road and right-of-way known life history, habitat needs, and DATES: This rule is effective May 7, construction, and urbanization (Factor distribution of the species, and provided 2018. A), and the magnified vulnerability of additional information, clarifications, all the small, isolated, genetically ADDRESSES: This final rule is available and suggestions to improve this final compromised extant populations to on the internet at http:// rule. Peer reviewer comments are mortality events, including vehicle www.regulations.gov in Docket No. addressed in the following summary strikes and from predators (Factors C FWS–R4–ES–2016–0121 and https:// and incorporated into the final rule as and E). appropriate. www.fws.gov/lafayette/. Comments and Peer review and public comment. We Two of the six peer reviewers materials we received, as well as sought comments from independent commented that overall, the proposed supporting documentation we used in specialists to ensure that our rule was a thorough review of what is preparing this rule, are available for determination is based on scientifically currently known about the Louisiana public inspection at http:// sound data, assumptions, and analyses. pinesnake, and another reviewer stated www.regulations.gov and will be We invited these peer reviewers to that the Service had used the best available by appointment, during comment on our listing proposal. We available science. One reviewer noted normal business hours at: U.S. Fish and also considered all comments and that information on life-history Wildlife Service, Louisiana Ecological information received during the attributes and potential threats was Services Office, 646 Cajundome comment periods. Boulevard, Suite 400; 337–291–3101; limited, but he stated his support for the 337–291–3139. Previous Federal Action Service’s proposed listing of the FOR FURTHER INFORMATION CONTACT: Please refer to the proposed listing Louisiana pinesnake as threatened. Joseph Ranson, Field Supervisor, U.S. rule for the Louisiana pinesnake, which Three peer reviewers stated that the Fish and Wildlife Service, Louisiana was published on October 6, 2016 (81 Louisiana pinesnake was declining, and Ecological Services Field Office (see FR 69454), for a detailed description of two of those three thought that the ADDRESSES above). Persons who use a previous Federal actions concerning this species should be listed as endangered telecommunications device for the deaf species. rather than threatened. Specific (TDD) may call the Federal Relay substantive comments from peer Service at 800–877–8339. Summary of Comments and reviewers, and our responses, follow: Recommendations SUPPLEMENTARY INFORMATION: (1) Comment: Two peer reviewers In the proposed rule published on recommended that trapping effort Executive Summary October 6, 2016 (81 FR 69454), we should be included when discussing Why we need to publish a rule. Under requested that all interested parties numbers of individuals captured in the Endangered Species Act, as submit written comments on the areas receiving beneficial management amended (‘‘Act’’ or ‘‘ESA’’; 16 U.S.C. proposal by December 5, 2016. We versus areas not receiving beneficial 1531 et seq.), a species may warrant reopened the comment period on management in the Bienville protection through addition to the Lists October 6, 2017 (82 FR 46748), with our population. One peer reviewer also of Endangered and Threatened Wildlife publication of a document announcing cautioned that when we reported and Plants (listing) if it is endangered or a 6-month extension of the final listing trapping success for the whole Bienville threatened throughout all or a determination. This second 30-day population, we did not indicate that two significant portion of its range. Listing a comment period ended on November 6, of the three sites being trapped are being species as an endangered or threatened 2017. We also contacted appropriate managed to benefit the Louisiana species may be completed only by Federal and State agencies, scientific pinesnake and much of the surrounding issuing a rule. experts and organizations, and other habitat is unsuitable for the species. VerDate Sep<11>2014 19:48 Apr 05, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\06APR2.SGM 06APR2 daltland on DSKBBV9HB2PROD with RULES2 Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations 14959 Our Response: We agree that trapping were forested and characterized as (5) Comment: Two peer reviewers effort is important when making higher quality. Regarding soils, we stated that, although no verified records comparisons across sites. We have know that some trapping areas were not of Louisiana pinesnake occur from added capture-per-unit effort (i.e., trap located on preferred or suitable soils, Grant Parish, Louisiana, where the success) where we made comparisons of especially before Wagner et al. (2014); reintroduction population is located, the capture numbers among sites in however, the vast majority of all traps species likely occurred there historically Bienville. We also clarified which two (84%) are located on preferred or as there are occurrence records in sites in the Bienville area are being suitable soils. So while some potential parishes immediately north and south of managed to benefit the Louisiana Louisiana pinesnakes areas may have Grant Parish. pinesnake, and indicate that trap been overlooked, the method used to Our Response: We relied on the success has been much greater in those delineate EOHAs is valid and represents county and parish occurrence records in two areas compared to a third site that the species’ known locations as Louisiana and Texas to describe the is not managed to benefit the species. accurately as possible with the best historical range of the species, and agree (2) Comment: One peer reviewer available data. We have always that it is likely that the Louisiana stated that trap-days provide only a recognized that there may still be pinesnake occurred in at least some relative index with unknown precision undiscovered individuals and the portions of Grant Parish, Louisiana, and thus cannot be used to estimate threatened status extends to wherever based on its known occurrences in population size. The reviewer also the species is found. parishes nearby. contended that, without a population (4) Comment: One peer reviewer and (6) Comment: One peer reviewer size or vital rates for the species, no one other commenter stated that the stated that the small size of the two core minimum population size or minimum proposed rule does not discuss management areas (CMAs), Kepler and area required for population persistence consideration of distinct populations of Sandylands, within the Bienville EOHA can be estimated. the Louisiana pinesnake for separate should be emphasized. That reviewer Our Response: We acknowledge the listing status. They argue that the Texas estimated that fewer than 100 limitations of using trap-days,

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