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Federal Register/Vol. 75, No. 178/Wednesday, September 15

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Federal Register/Vol. 75, No. 178/Wednesday, September 15 56028 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules DEPARTMENT OF THE INTERIOR 3425 Miriam Ave. Bismarck, ND 58501. We published the 90–day finding in If you use a telecommunications device the Federal Register on December 3, Fish and Wildlife Service for the deaf (TDD), please call the 2009 (74 FR 63337). On May 19, 2010, Federal Information Relay Service the Service and WildEarth Guardians 50 CFR Part 17 (FIRS) at 800–877–8339. entered into a settlement agreement. [Docket No. FWS–R6–ES–2009–0081] SUPPLEMENTARY INFORMATION: According to the agreement, the Service [MO 92210-0-0008] will submit a 12–month finding to the Background Federal Register on or before September Endangered and Threatened Wildlife Section 4(b)(3)(B) of the ESA (16 10, 2010. This notice constitutes the 12– and Plants; 12-Month Finding on a U.S.C. 1531 et seq.) requires that, for month finding on the October 9, 2008, Petition to List Sprague’s Pipit as any petition to revise the Federal Lists petition to list the Sprague’s pipit as Endangered or Threatened Throughout of Threatened and Endangered Wildlife endangered or threatened. Its Range and Plants that contains substantial Species Information scientific or commercial information AGENCY: Fish and Wildlife Service, Taxonomy and Species Description Interior. that listing a species may be warranted, we make a finding within 12 months of The Sprague’s pipit is a small ACTION: Notice of 12–month petition the date of receipt of the petition. In this passerine of the family Motacillidae, finding. finding, we determine whether the genus Anthus, endemic to the Northern SUMMARY: We, the U.S. Fish and petitioned action is: (a) Not warranted, Great Plains (Robbins and Dale 1999, p. Wildlife Service (Service), announce a (b) warranted, or (c) warranted, but 1). It was first described by Audubon 12–month finding on a petition to list immediate proposal of a regulation (1844, pp. 334-336). It is one of the few the Sprague’s pipit (Anthus spragueii) implementing the petitioned action is bird species endemic to the North as endangered or threatened and to precluded by other pending proposals to American prairie. The closest living designate critical habitat under the determine whether species are relative is believed to be the yellowish Endangered Species Act of 1973, as endangered or threatened, and pipit (A. lutescens) of South America amended (ESA). After review of all expeditious progress is being made to (Robbins and Dale 1999, p. 9). available scientific and commercial add or remove qualified species from The Sprague’s pipit is about 10 to 15 information, we find that listing the the Federal Lists of Endangered and centimeters (cm) (3.9 to 5.9 inches (in.)) Sprague’s pipit as endangered or Threatened Wildlife and Plants. Section in length, and weighs 22 to 26 grams (g) threatened is warranted. However, 4(b)(3)(C) of the ESA requires that we (0.8 to 0.9 of an ounce (oz)), with buff listing the Sprague’s pipit is currently treat a petition for which the requested and blackish streaking on the crown, precluded by higher priority actions to action is found to be warranted but nape, and underparts. Males and amend the Lists of Endangered and precluded as though resubmitted on the females are similar in appearance. The Threatened Wildlife and Plants. Upon date of such finding, that is, requiring a Sprague’s pipit has a plain buffy face publication of this 12-month petition subsequent finding to be made within with a large eye-ring. The bill is finding, we will add the Sprague’s pipit 12 months. We must publish these 12– relatively short, slender, and straight, to our candidate species list. We will month findings in the Federal Register. with a blackish upper mandible. The develop a proposed rule to list Previous Federal Actions lower mandible is pale with a blackish Sprague’s pipit as our priorities allow. tip. The wings and tail have two We will make any determination on On October 10, 2008, we received a indistinct wing-bars, and the outer critical habitat during development of petition dated October 9, 2008, from retrices (tail feathers) are mostly white the proposed listing rule. In the interim WildEarth Guardians, requesting that (Robbins and Dale 1999, p. 3-4). period, we will address the status of the we list the Sprague’s pipit as Juveniles are slightly smaller, but candidate taxon through our annual endangered or threatened under the similar to adults, with black spotting Candidate Notice of Review (CNOR). ESA and designate critical habitat. rather than streaking (Robbins and Dale Included in the petition was supporting 1999, p. 3). DATES: The finding announced in this information regarding the species’ document was made on September 15, taxonomy and ecology, historical and Habitat Description and Characteristics 2010. current distribution, present status, and Sprague’s pipits are strongly tied to ADDRESSES: This finding is available on actual and potential causes of decline. native prairie (land which has never the Internet at http:// We acknowledged the receipt of the been plowed) throughout their life cycle www.regulations.gov at Docket Number petition in a letter to WildEarth (Owens and Myres 1973, pp. 705, 708; FWS–R6–ES–2009–0081. Supporting Guardians, dated December 5, 2008. In Davis 2004, pp. 1138-1139; Dechant et documentation we used in preparing that letter, we also stated that an al. 1998, pp. 1-2; Dieni et al. 2003, p. this finding is available for public emergency regulation temporarily 31; McMaster et al. 2005, p. 219). They inspection, by appointment, during listing the species under section 4(b)(7) are rarely observed in cropland (Koper normal business hours at the U.S. Fish of the ESA was not necessary. We also et al. 2009, p. 1987; Owens and Myres and Wildlife Service, North Dakota stated that we planned to complete the 1973, pp. 697, 707; Igl et al. 2008, pp. Field Office, 3425 Miriam Avenue, 90–day finding for this species in Fiscal 280, 284) or land in the Conservation Bismarck, ND 58501. Please submit any Year (Fiscal Year) 2009. On January 28, Reserve Program (a program whereby new information, materials, comments, 2009, we received a 60–day notice of marginal farmland is planted primarily or questions concerning this finding to intent (NOI) to sue from the petitioner with grasses) (Higgins et al. 2002, pp. the above street address. stating that the Service was in violation 46-47). Sprague’s pipits will use FOR FURTHER INFORMATION CONTACT: of the ESA by failing to take action nonnative planted grassland (Higgins et Jeffrey Towner, Field Supervisor, North under section 4(b)(3)(A) of the ESA. On al. 2002, pp. 46-47; Dechant et al. 1998, Dakota Field Office (see ADDRESSES); by August 20, 2009, the petitioner filed a p. 3; Dohms 2009, pp. 77-78, 88). telephone at 701-250-4481; by facsimile complaint on the Service’s failure to Vegetation structure may be a better at 701-355-8513; or by postal mail to: complete the 90–day finding. predictor of occurrence than species VerDate Mar<15>2010 18:42 Sep 14, 2010 Jkt 220001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\15SEP1.SGM 15SEP1 srobinson on DSKHWCL6B1PROD with PROPOSALS Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules 56029 composition (Davis 2004, pp. 1135, pp. 464-466). They will use nonnative 1973, p. 20), and they have been sighted 1137). planted grassland if the vegetative in sunflower fields (Hagy et al. 2007, p. Native grassland is disturbance structure is suitable, but strongly prefer 66). dependant. Without disturbance, the native prairie (Dechant et al. 1998, pp. It has been estimated that only about vegetative species mix changes, and 1, 4). The species prefers to breed in 2.5 percent of the entire Chihuahuan grasslands are ultimately overgrown well-drained, open grasslands and desert region, an ecosystem extending with woody vegetation (Grant et al. avoids grasslands with excessive shrubs across the border between the United 2004, p. 808) unsuitable for Sprague’s (Desmond et al. 2005, p. 442; Grant et States and Mexico entirely within the pipits. Historical sources of disturbance al. 2004, p. 812; Sutter 1997, p. 464). were fire or grazing by bison. With fires Sprague’s pipits can be found in wintering range of the Sprague’s pipit, being less prevalent on the prairie, lightly to moderately grazed areas is protected, mostly on the U.S. side current sources of disturbance are (Dechant et al. 1998, p. 4), but in North (Desmond et al. 2005, p. 449). generally mowing or grazing by cattle. Dakota, a greater abundance of Feeding Habits While Sprague’s pipits prefer areas that Sprague’s pipits have been reported are regularly disturbed (Askins et al. from moderately to heavily grazed areas Sprague’s pipits eat a wide variety of 2007, p. 21; Madden 1996, pp. 48-59), (Kantrud 1981, p. 414). However, these insects during the breeding season and their preference for vegetation of descriptions are relative; vegetation a very small percentage of seeds (1 to 2 intermediate height means that they will described as lightly grazed in one study percent) (Maher 1974, pp. 5, 32, 58). not use a mowed or burned area until may be called heavily grazed in another the vegetation has had a chance to grow, (Madden et al. 2000, p. 388). The Breeding Phenology which may be late in the following species is rarely found in cultivated Male Sprague’s pipits have a growing season, or may take several areas (Owens and Myres 1973, p.
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