69454 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

date for a period no greater than 10 substantial number of small entities DEPARTMENT OF THE INTERIOR years from the final determination, under the Regulatory Flexibility Act (5 considering the severity of U.S.C. 601 et seq.); Fish and Wildlife Service nonattainment and the availability and • Does not contain any unfunded feasibility of pollution control measures. 50 CFR Part 17 mandate or significantly or uniquely Lastly, section 179(d) requires that the affect small governments, as described [Docket No. FWS–R4–ES–2016–0121; state submit the required SIP revision 4500030113] within 12 months after the applicable in the Unfunded Mandates Reform Act attainment date. In this case, if the EPA of 1995 (Pub. L. 104–4); RIN 1018–BB46 finalizes the proposed rule, then the • Does not have Federalism Endangered and Threatened Wildlife State of California will be required to implications as specified in Executive and Plants; Threatened Status submit a SIP revision that complies with Order 13132 (64 FR 43255, August 10, for Pinesnake sections 179(d) and 189(d) within 12 1999); months of December 31, 2015, i.e., by • Is not an economically significant AGENCY: Fish and Wildlife Service, December 31, 2016. regulatory action based on health or Interior. III. Proposed Action and Request for safety risks subject to Executive Order ACTION: Proposed rule. Public Comment 13045 (62 FR 19885, April 23, 1997); SUMMARY: We, the U.S. Fish and Under CAA sections 179(c)(1) and • Is not a significant regulatory action Wildlife Service (Service), propose to 188(b)(2), the EPA proposes to subject to Executive Order 13211 (66 FR list the Louisiana pinesnake ( determine that the San Joaquin Valley 28355, May 22, 2001); ruthveni), a species from ‘‘Serious’’ PM2.5 nonattainment area has • Is not subject to requirements of Louisiana and Texas, as a threatened failed to attain the 1997 annual and 24- section 12(d) of the National species under the Endangered Species hour PM standards by the applicable 2.5 Technology Transfer and Advancement Act (Act). If we finalize this rule as attainment date of December 31, 2015. Act of 1995 (15 U.S.C. 272 note) because proposed, it would extend the Act’s If finalized, the State of California will protections to this species. be required under CAA sections 179(d) application of those requirements would be inconsistent with the CAA; and DATES: We will accept comments and 189(d) to submit a revision to the received or postmarked on or before • SIP for the San Joaquin Valley that, Does not provide the EPA with the December 5, 2016. Comments submitted among other elements, demonstrates discretionary authority to address electronically using the Federal expeditious attainment of the standards disproportionate human health or eRulemaking Portal (see ADDRESSES, within the time period provided under environmental effects with practical, below) must be received by 11:59 p.m. CAA section 179(d) and that provides appropriate, and legally permissible Eastern Time on the closing date. We for annual reduction in the emissions of methods under Executive Order 12898 must receive requests for public PM2.5 or a PM2.5 plan precursor (59 FR 7629, February 16, 1994). hearings, in writing, at the address pollutant within the area of not less In addition, this proposed action does shown in FOR FURTHER INFORMATION than five percent until attainment. The CONTACT by November 21, 2016. SIP revision required under CAA not have Tribal implications as specified by Executive Order 13175 (65 ADDRESSES: You may submit comments sections 179(d) and 189(d) would be by one of the following methods: due for submittal to the EPA no later FR 67249, November 9, 2000), because the SIP obligations discussed herein do (1) Electronically: Go to the Federal than December 31, 2016. eRulemaking Portal: http:// The EPA is soliciting public not apply to Indian Tribes and thus this www.regulations.gov. In the Search box, comments on the issues discussed in proposed action will not impose enter FWS–R4–ES–2016–0121, which is this document. We will accept substantial direct costs on Tribal the docket number for this rulemaking. comments from the public on this governments or preempt Tribal law. Then, click on the Search button. On the proposal for the next 30 days. We will Nonetheless, the EPA has notified the resulting page, in the Search panel on consider these comments before taking Tribes within the San Joaquin Valley the left side of the screen, under the final action. PM2.5 nonattainment area of the Document Type heading, click on the IV. Statutory and Executive Order proposed action. Proposed Rules link to locate this Reviews List of Subjects in 40 CFR Part 52 document. You may submit a comment This proposed action in and of itself by clicking on ‘‘Comment Now!’’ establishes no new requirements; it Environmental protection, Air (2) By hard copy: Submit by U.S. mail merely documents that air quality in the pollution control, Ammonia, or hand-delivery to: Public Comments San Joaquin Valley did not meet the Incorporation by reference, Processing, Attn: FWS–R4–ES–2016– Intergovernmental relations, Nitrogen 0121, U.S. Fish and Wildlife Service, 1997 PM2.5 standards by the CAA deadline. For that reason, this proposed dioxide, Particulate matter, Reporting MS: BPHC, 5275 Leesburg Pike, Falls action: and recordkeeping requirements, Sulfur Church, VA 22041–3803. • Is not a ‘‘significant regulatory oxides, Volatile organic compounds. We request that you send comments only by the methods described above. action’’ subject to review by the Office Dated: September 23, 2016. of Management and Budget under We will post all comments on http:// Alexis Strauss, Executive Order 12866 (58 FR 51735, www.regulations.gov. This generally October 4, 1993); Acting Regional Administrator, Region IX. means that we will post any personal • Does not impose an information [FR Doc. 2016–24084 Filed 10–5–16; 8:45 am] information you provide us (see collection burden under the provisions BILLING CODE 6560–50–P Information Requested, below, for more of the Paperwork Reduction Act (44 information). U.S.C. 3501 et seq.); FOR FURTHER INFORMATION CONTACT: Brad • Is certified as not having a S. Rieck, Acting Field Supervisor, U.S. significant economic impact on a Fish and Wildlife Service, Louisiana

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules 69455

Ecological Services Office, 646 isolated, genetically compromised for the conservation of the Louisiana Cajundome Blvd., Suite 400, Lafayette, extant populations to mortality from pinesnake. LA; telephone 337–291–3101; facsimile vehicle strikes and from predators Please include sufficient information 337–291–3139. Persons who use a (Factors C and E). with your submission (such as scientific telecommunications device for the deaf We will seek peer review. We will seek journal articles or other publications) to (TDD) may call the Federal Information comments from independent specialists allow us to verify any scientific or Relay Service (FIRS) at 800–877–8339. to ensure that our designation is based commercial information you include. SUPPLEMENTARY INFORMATION: on scientifically sound data, Please note that submissions merely assumptions, and analyses. We will stating support for or opposition to the Executive Summary invite these peer reviewers to comment action under consideration without Why we need to publish a rule. Under on this listing proposal. providing supporting information, the Act, if we determine that a species although noted, will not be considered is an endangered or threatened species Information Requested in making a determination, as section throughout all or a significant portion of Public Comments 4(b)(1)(A) of the Act directs that its range, we are required to promptly determinations as to whether any We intend that any final action publish a proposed rule in the Federal species is an endangered or threatened Register and make a determination on resulting from this proposed rule will be species must be made ‘‘solely on the our proposal within 1 year. Critical based on the best scientific and basis of the best scientific and habitat shall be designated, to the commercial data available and be as commercial data available.’’ maximum extent prudent and accurate and as effective as possible. You may submit your comments and determinable, for any species Therefore, we request comments or materials concerning this proposed rule determined to be an endangered or information from other concerned by one of the methods listed in threatened species under the Act. governmental agencies, Native ADDRESSES. We request that you send Listing a species as an endangered or American tribes, the scientific comments only by the methods threatened species and designations of community, industry, or any other described in ADDRESSES. critical habitat can only be completed interested parties concerning this If you submit information via http:// by issuing a rule. We have determined proposed rule. We particularly seek www.regulations.gov, your entire that designating critical habitat for the comments concerning: submission—including any personal Louisiana pinesnake is prudent, but not (1) The Louisiana pinesnake’s biology, identifying information—will be posted determinable at this time, because the range, and population trends, including: on the Web site. If your submission is specific information sufficient to (a) Biological or ecological made via a hardcopy that includes perform the required analysis of the requirements of the species, including personal identifying information, you impacts of the designation is currently habitat requirements for feeding, may request at the top of your document lacking, such as information on areas to breeding, and sheltering; that we withhold this information from be proposed for designation and the (b) Genetics and ; public review. However, we cannot potential economic impacts associated (c) Historical and current range, guarantee that we will be able to do so. with designation of these areas. including distribution patterns; We will post all hardcopy submissions This rule proposes to list the (d) Historical and current population on http://www.regulations.gov. Louisiana pinesnake as a threatened levels, and current and projected trends; Comments and materials we receive, species. The Louisiana pinesnake is a and as well as supporting documentation we candidate species for which we have on (e) Past and ongoing conservation used in preparing this proposed rule, file sufficient information on biological measures for the species, its habitat, or will be available for public inspection vulnerability and threats to support both. on http://www.regulations.gov, or by preparation of a listing proposal, but for (2) Factors that may affect the appointment, during normal business which development of a listing rule had continued existence of the species, hours, at the U.S. Fish and Wildlife been, until now, precluded by other which may include habitat modification Service, Louisiana Ecological Services higher priority listing activities. or destruction, overutilization, disease, Office (see FOR FURTHER INFORMATION The basis for our action. Under the predation, the inadequacy of existing CONTACT). Act, we may determine that a species is regulatory mechanisms, or other natural Because we will consider all an endangered or threatened species or manmade factors. comments and information we receive based on any of five factors: (A) The (3) Biological, commercial trade, or during the comment period, our final present or threatened destruction, other relevant data concerning any determination may differ from this modification, or curtailment of its threats (or lack thereof) to this species proposal. habitat or range; (B) overutilization for and existing regulations that may be commercial, recreational, scientific, or addressing those threats. Public Hearing educational purposes; (C) disease or (4) Additional information concerning Section 4(b)(5) of the Act provides for predation; (D) the inadequacy of the historical and current status, range, one or more public hearings on this existing regulatory mechanisms; or (E) distribution, and population size of this proposal, if requested. Requests must be other natural or manmade factors species, including the locations of any received by the date specified in DATES. affecting its continued existence. We additional populations of this species. Such requests must be sent to the have determined that the Louisiana (5) Information on activities that address shown in FOR FURTHER pinesnake is threatened primarily might warrant being exempted under INFORMATION CONTACT. We will schedule because of the past and continuing loss, section 4(d) of the Act (16 U.S.C. 1531 public hearings on this proposal, if any degradation, and fragmentation of et seq.). The Service is considering are requested, and announce the dates, habitat in association with incompatible proposing such measures before the times, and places of those hearings, as silviculture, fire suppression, road and final listing determination is published, well as how to obtain reasonable right-of-way construction, and and will evaluate ideas provided by the accommodations, in the Federal urbanization (Factor A), and the public in considering whether such Register and local newspapers at least magnified vulnerability of all the small, exemptions are necessary and advisable 15 days before the hearing.

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS 69456 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

Peer Review CNORs through 2005 (67 FR 40657, June powerful constricting with In accordance with our joint policy on 13, 2002; 69 FR 24876, May 4, 2004; 70 keeled scales, a single anal plate (the peer review published in the Federal FR 24870, May 11, 2005). In 2006, we scale covering the cloaca), and Register on July 1, 1994 (59 FR 34270), changed the Louisiana pinesnake’s LPN disproportionately small heads (Conant we are seeking the expert opinions of to 8, based on threats of moderate to low and Collins 1991, pp. 201–202). Their six appropriate and independent magnitude that were imminent (71 FR snouts are pointed, and they have a specialists regarding this proposed rule. 53756; September 12, 2006). In 2007, we large rostral (tip of the snout) scale, both presumably contributing to the snakes The purpose of peer review is to ensure again changed the Louisiana good burrowing ability. The Louisiana that our listing determination is based pinesnake’s LPN, reassigning it an LPN pinesnake (P. ruthveni) has a buff to on scientifically sound data, of 5, based on non-imminent, high- yellowish background color with dark assumptions, and analyses. The peer magnitude threats (72 FR 69034; brown to russet dorsal blotches covering reviewers have expertise in Louisiana December 6, 2007). The Louisiana its total length (Vandeventer and Young pinesnake biology, habitat, physical or pinesnake was included with an LPN of 1989, p. 35; Conant and Collins 1991, p. biological factors, etc., and they are 5 in our subsequent annual CNORs 203). The belly of the Louisiana currently reviewing the status through 2015 (73 FR 75176, December pinesnake is unmarked or boldly information in the proposed rule, which 10, 2008; 74 FR 57804, November 9, patterned with black markings. It is will inform our determination. We 2009; 75 FR 69222, November 10, 2010; 76 FR 66370, October 26, 2011; 77 FR variable in both coloration and pattern, invite comment from the peer reviewers but a characteristic feature is that the during this public comment period. 69994, November 21, 2012; 78 FR 70104, November 22, 2013; 79 FR body markings on its back are always Previous Federal Actions 72450, December 5, 2014; 80 FR 80584, conspicuously different at opposite ends of its body. Blotches run together near We identified the Louisiana December 24, 2015). the head, often obscuring the pinesnake (as In August 2000, the Service received background color, and then become ruthveni) as a Category 2 candidate a petition to list the Louisiana more separate and well-defined towards species in the December 30, 1982, pinesnake as endangered under the Act. the tail. Typically, there are no Review of Vertebrate Wildlife for Listing No new information was provided in noticeable head markings, although as Endangered or Threatened Species the petition, and we had already found rarely a light bar or stripe may occur (47 FR 58454). Category 2 candidates the species warranted listing, so no behind the eye. The length of adult were defined as taxa for which we had further action was taken on the petition. On May 10, 2011, the Service Louisiana pinesnakes ranges from 48 to information that proposed listing was 56 inches (in) (122 to 142 centimeters possibly appropriate, but for which announced a work plan to restore biological priorities and certainty to the (cm)) (Conant and Collins 1991, p. 203). substantial data on biological The largest reported specimen was 5.8 vulnerability and threats were not Service’s listing process. As part of an agreement with one of the agency’s most feet (ft) (178 cm) long (Davis 1971, p. 1; available to support a proposed rule at Conant and Collins 1991, p. 203). the time. The species remained so frequent plaintiffs, the Service filed the work plan with the U.S. District Court The Louisiana pinesnake is a member designated in subsequent annual of the Class Reptilia, Order , candidate notices of review (CNORs) (50 for the District of Columbia. The work plan enabled the Service to, over a Suborder Serpentes, and Family FR 37958, September 18, 1985; 54 FR . Stull (1929, pp. 2–3) 554, January 6, 1989; 56 FR 58804, period of 6 years, systematically review and address the needs of more than 250 formally described the Louisiana November 21, 1991; 59 FR 58982, pinesnake as a pinesnake subspecies (P. November 15, 1994). In the February 28, species listed within the 2010 CNOR, including the Louisiana pinesnake, to melanoleucus ruthveni) based on two 1996, CNOR (61 FR 7596), we specimens taken in Rapides Parish, discontinued the designation of determine if these species should be added to the Federal Lists of Louisiana. Reichling (1995, p. 192) Category 2 species as candidates; reassessed this ’s taxonomic status therefore, the Louisiana pinesnake was Endangered and Threatened Wildlife and Plants. This work plan enabled the and concluded that the Louisiana no longer a candidate species. pinesnake was geographically isolated We added the Louisiana pinesnake (as Service to again prioritize its workload based on the needs of candidate species, and phenotypically distinct, and thus a Pituophis melanoleucus) to the valid evolutionary species. The candidate list in 1999 (64 FR 57534, while also providing State wildlife agencies, stakeholders, and other Louisiana pinesnake has subsequently October 25, 1999). Currently, candidate been accepted as a full species, P. species are defined as plants and partners with clarity and certainty about when listing determinations will be ruthveni (Crother 2000, p. 69; for which the Service has Rodriguez-Robles and Jesus-Escobar made. On July 12, 2011, the Service sufficient information on their 2000, p. 46; Collins and Taggert 2002, p. reached an agreement with another biological status and threats to propose 33). We have carefully reviewed this frequent plaintiff group and further them as endangered or threatened under taxonomic research for the Louisiana strengthened the work plan, which the Act, but for which development of pinesnake and conclude that the species allowed the agency to focus its a listing rule is precluded by other is a valid taxon. higher priority listing actions. The resources on the species most in need of Louisiana pinesnake was assigned a protection under the Act. These Habitat listing priority number (LPN) of 5, based agreements were approved on Louisiana pinesnakes are known from on the immediacy and magnitude of September 9, 2011. Therefore, the and associated with a disjunct portion threats to this species. timing of this proposed listing is, in of the historic longleaf-dominated In the October 30, 2001, CNOR (66 FR part, an outcome of the work plan. (hereafter, ‘‘longleaf’’) pine (Pinus 54808), we recognized the Louisiana Background palustris) ecosystem that existed in pinesnake as Pituophis ruthveni and west-central Louisiana and retained an LPN of 5 for the species. The Species Description and Taxonomy (Reichling 1995, p. 186). Louisiana pinesnake was included with Pinesnakes (genus Pituophis) are forests (which are dominated by an LPN of 5 in our subsequent annual large, short-tailed, non-venomous, longleaf, but may also contain other

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules 69457

overstory species such as loblolly and burrow systems (Ealy et al. 2004, p. 389; Louisiana, Himes et al. (2006, p. 107) shortleaf pine and sparse hardwoods) Himes et al. 2006, p. 107). In Louisiana, recorded wild-caught (i.e., not captive- have the most species-rich habitat selection by Louisiana bred) Louisiana pinesnakes (nine adults herpetofaunal community compared to pinesnakes seems to be determined by and one juvenile) most frequently in other similarly sized and located pine the abundance and distribution of pine forests (56 percent), followed by forest habitat in North America, and pocket gophers and their burrow pine plantation (23 percent) and clear- harbor more species that are specialists systems (Rudolph and Burgdorf 1997, p. cuts (9 percent). It should be noted, of that habitat (Guyer and Bailey 1993, 117). Active Louisiana pinesnakes however, that across all sites, snakes p. 142). Early accounts of Louisiana occasionally use debris, logs, and low appeared to select areas with few large pinesnake collections indicate a strong vegetation as temporary surface shelters trees (7 to 9 trees per plot) that were affinity for longleaf pine habitat, as most (Rudolph and Burgdorf 1997, p. 117; approximately 0.1 ac (0.04 ha) in size, reports indicated the snakes were Himes 1998, p. 26; Ealy et al. 2004, p. resulting in less canopy closure and collected within or adjacent to longleaf 386); however, most Louisiana more light penetration, which supports pine stands (Fugler 1955, p. 24; Conant pinesnakes disturbed on the surface increased understory vegetation growth 1956, pp. 5, 19, 24; Walker 1965, p. 160; retreat to nearby burrows (Rudolph and and therefore more pocket gophers Thomas et al 1976, p. 253; Jennings and Burgdorf 1997, p. 117). Louisiana (Himes et al. 2006, pp. 108–110; 113) Fritts 1983, p. 3; Wright and Wright pinesnakes also minimally use decayed regardless of the type of wooded land. 1994, pp. 622, 623; Jordan 1998, p. 11). or burned stumps, or nine-banded In a 2-year (2004–2005) trapping study The vast majority of natural longleaf armadillo (Dasypus novemcinctus) of three locations (two were mixed long pine habitat has been lost or degraded burrows as underground refugia (Ealy et leaf/loblolly pine stands being managed due to conversion to extensive pine al. 2004, p. 389). specifically for Louisiana pinesnake plantations and suppression of the Baird’s pocket gophers appear to habitat, and one was a loblolly pine historic fire regime. As a result, current prefer well-drained, sandy soils with plantation managed for fiber tree Louisiana pinesnake habitat generally low clay content in the topsoil (Davis et production), Reichling et al. (2008, p. 4) consists of sandy, well-drained soils in al. 1938, p. 414). Whether by choice for found the same number of Louisiana open canopy pine forest, which may burrowing efficiency or in pursuit of pinesnakes in the pine plantation (n=2) include species such as longleaf, Baird’s pocket gophers (or likely both), as one of the mixed pine stands shortleaf, slash, or loblolly pines with a Louisiana pinesnakes also occur most managed for Louisiana pinesnake (n=2); sparse midstory, and well-developed often in sandy soils (Wagner et al. 2014, however, of all the three trapping herbaceous ground cover dominated by p. 152). In Wagner et al.’s study, locations studied, the greatest number of grasses and forbs (Young and modelling of Louisiana pinesnake snakes was found in the second mixed Vandeventer 1988, p. 204; Rudolph and habitat revealed that in addition to pine stand managed for Louisiana Burgdorf 1997, p. 117). suitable forest structure and herbaceous pinesnake (n=8). In addition, the snakes Abundant ground-layer herbaceous vegetation, specific soil characteristics found in pine plantation conditions by vegetation is important for the Louisiana are an important determinant of Reichling et al. appeared thin or pinesnake’s primary prey, the Bairds Louisiana pinesnake inhabitance. emaciated (indicating they probably had pocket gopher (Geomys breviceps), Wagner et al. (2014, entire) developed a not fed recently), and were not which constitutes 75 percent of the Landscape-scaled Resource Selection recaptured in that habitat, which may Louisiana pinesnake’s estimated total Functions Model of Potential Louisiana have indicated they were moving prey biomass (Rudolph et al 2012, p. Pinesnake Habitat (LRSF-Model) using through these sites (Reichling et al. 243). Baird’s pocket gopher depends available Louisiana pinesnake location 2008, pp. 9, 14). Further trapping at the mostly on various plant parts of a data with county and parish soil survey same sites since the study has produced variety of herbaceous species (Pennoyer data as independent variables to more 17 and 9 more Louisiana pinesnakes for 1932, pp. 128–129; Sulentich et al. accurately identify the percentage of the first and second beneficially 1991, p. 3). Pocket gopher abundance is certain soil characteristics that were managed stands, respectively, and only associated with a low density of trees, selected from what was available in the 3 more for the plantation site (Pierce an open canopy, and a small amount of landscape, indicating preference. The 2015, unpub. data). woody vegetation cover, which allow snakes were found to prefer soils with greater sunlight and more herbaceous high sand content and a low water table Life History forage for pocket gophers (Himes 1998, (Wagner et al. 2014, p. 152). In a Louisiana pinesnakes appear to be p. 43; Melder and Cooper 2015, p. 75). separate modelling study, using most active March through May and Bairds pocket gophers also create the essentially the same dataset but a September through November burrow systems in which Louisiana different study method, Duran (2010, p. (especially November), and least active pinesnakes are most frequently found 11) also found that Louisiana December through February and during (Rudolph and Conner 1996, p. 2; pinesnakes prefer sandy, well-drained the summer (especially August) (Himes Rudolph and Burgdorf 1997, p. 117; soils, confirming the validity of the 1998, p. 12). During the winter, Himes 1998, p. 42; Rudolph et al. 1998, LRSF-Model, originally proposed in Louisiana pinesnakes use Baird’s pocket p. 146; Rudolph et al. 2002, p. 62; 2009 (Wagner et al. 2009, entire). gopher burrows as hibernacula Himes et al. 2006, p. 107), and the The fire-climax park-like conditions (Rudolph et al. 2007 p. 561; Pierce et al. snakes use these burrow systems as of typical Louisiana pinesnake habitat 2014, p. 140). In a study conducted by nocturnal refugia and hibernacula, and are created and maintained by recurrent, Pierce et al. (2014, pp. 140, 142), the to escape from fire (Rudolph and low-intensity ground fires that occur species did not use burrows Burgdorf 1997, p. 117; Rudolph et al. approximately every 3 to 5 years. In the communally, and they did not exhibit 1998, p. 147; Ealy et al. 2004, p. 386; absence of recurrent fire, growth of fidelity to hibernacula sites in Rudolph et al. 2007 p. 561; Pierce et al. woody midstory species is increased, successive years. Louisiana pinesnakes 2014, p. 140). From 74 percent to greater and conditions supporting the Louisiana observed in east Texas appear to be than 80 percent of radio-tagged pinesnake’s prey species are lost due to semi-fossorial and essentially diurnal, Louisiana pinesnake relocations have shading of herbaceous vegetation. Using and were also relatively immobile (i.e., been underground in pocket gopher radio-telemetry in Bienville Parish, moved less than 33 ft (10 meters (m)) on

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS 69458 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

54.5 percent of days monitored (Ealy et American colubrid snake, the Louisiana compiled and maintains a historical al. 2004, p. 391). In one study, they pinesnake exhibits a remarkably low records database of all known Louisiana spent, on average, 59 percent of daylight reproductive rate (Reichling 1990, p. pinesnake locations (excluding hours (sunrise to sunset) below ground, 221). However, the Louisiana pinesnake telemetry data). According to that and moved an average of 541 ft (163 m) produces the largest (generally 12 database, 267 occurrence records of 235 per day (Ealy et al. 2004, p. 390). Adult cm (5 in) long and 5 cm (2 in) wide) of individual Louisiana pinesnakes have males in a Louisiana study by Himes et any U.S. snake (Reichling 1990, p. 221). been verified from 1927 through al. moved an average of 495 ft (150 m) It also produces the largest hatchlings December 21, 2015 (excluding daily (longest = 3,802 ft (1,159 m)), reported for any North American snake, reintroductions), all from Louisiana and adult females 348 ft (106 m), and ranging 18 to 22 in (45 to 55 cm) in Texas (Pierce 2015, unpub. data). By juveniles 112 ft (34 m) (Himes 1998, p. length, and up to 3.77 ounces (oz) (107 comparison, for the Florida pinesnake 18). Himes et al. (2006, p. 107) grams (g)) in weight (Reichling 1990, p. (Pituophis melanoleucus mugitus), a documented an average home range size 221). No Louisiana pinesnake nests have species with a four State range (Ernst of 82 ac (33.2 ha) (range 16 to 267 ac been located in the wild. Captive and Ernst 2003, p. 281), there are 874 (6.5 to 108 ha)) for the Louisiana Louisiana pinesnakes can live over 30 records of occurrence through 2015 in pinesnake. Himes et al. also found that years, but females have not reproduced the State of Florida alone (Enge 2016, adult males had larger average home beyond the age of 18 years (Reichling pers. comm.). Similarly, there are ranges (145 acres (ac) (58.7 hectares and Schad 2010, p. 5). approximately 395 total records of black (ha))) than females (25 ac (14 ha)) and Historical and Current Distribution pinesnakes (Pituophis melanoleucus juveniles (13 ac (5.5 ha)) (Himes 1998, lodingi) since 1932 (Hinderliter 2016, p. 18). The Louisiana pinesnake historically pers.comm.). occurred in portions of northwest and Baird’s pocket gopher is the primary west-central Louisiana and extreme Based on the Louisiana pinesnake prey of the Louisiana pinesnake east-central Texas (Conant 1956, p. 19). database, there are records from seven (Rudolph et al. 2002, p. 58), comprising This area coincides with an isolated, parishes in Louisiana (Beauregard, an estimated 53 percent of available and the most westerly, occurrence of the Bienville, Jackson, Natchitoches, individual prey records (75 percent of longleaf pine ecosystem and is situated Rapides, Sabine, and Vernon) and 11 total prey biomass) (Rudolph et al. 2012, west of the Mississippi River. Most of counties in Texas (Angelina, Hardin, p. 243). The Louisiana pinesnake the sandy, longleaf pine-dominated Jasper, Nacogdoches, Newton, Polk, exhibits specialized prey handling savannahs historically inhabited by the Sabine, San Augustine, Trinity, Tyler, behavior for the burrow-dwelling pocket Louisiana pinesnake had been lost by and Wood) (Figure 1). Previous gopher not common among constricting the mid-1930s (Bridges and Orzell 1989, Louisiana pinesnake reports that are not snake species (Rudolph et al. 2002, pp. p. 246; Frost 1993, p. 30). After virgin included in this database are: single 59–61). The Louisiana pinesnake is also longleaf pine was cut, it rarely records for Calcasieu and Jefferson known to eat eastern moles (Scalopus regenerated naturally. In some parts of Davis Parishes in Louisiana (Williams aquaticus), cotton rats (Sigmodon the Southeast, free-ranging hogs and Cordes 1996, p. 35), considered hispidus), deer mice (Peromyscus sp.), depredated the longleaf pine seedlings, suspect (Pierce 2015, unpub. data; harvest mice (Reithrodontomys sp.), and and fire suppression allowed shrubs, Thomas et al. 1976, pp. 253–254; Walls turtle (probably Trachemys scripta) eggs hardwoods, and loblolly pine to 2008, pers. comm.); a single record from (Rudolph et al. 2002, p. 59; Rudolph et dominate (Frost 1993, pp. 34–36). The Cherokee County, Texas, which was al. 2012, p. 244). naturally maintained open structure and erroneous (Pierce 2009, pers. comm.); Louisiana pinesnake sexual maturity abundant herbaceous vegetation single records from Montgomery and is attained at an approximate length of characteristic of the historical longleaf Walker Counties in Texas reclassified as 4 ft (120 cm) and an age of pine forests was diminished or lost, and, Pituophis catenifer (Pierce 2008, pers. approximately 3 years (Himes et al. therefore, it is likely that undocumented comm.); two records from Rapides 2002, p. 686). The Louisiana pinesnake populations of this species historically Parish, Louisiana, and one from is an -layer (oviparous), with a occurred but were lost before 1930. Caldwell County, Texas, from the 1960s gestation period of about 21 days The U.S. Forest Service (USFS), considered not verifiable (Reichling (Reichling 1988, p. 77), followed by 60 Southern Research Station (SRS), 2012, pers. comm.; Thomas et al. 1976, days of incubation. Having the smallest Wildlife Habitat and Silviculture pp. 253–254). clutch size (three to five) of any North Laboratory in Nacogdoches, Texas, has BILLING CODE 4333–15–P

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules 69459

BILLING CODE 4333–15–C use of an area, but are the best available traps, with and without drift fences, are Despite being primarily diurnal, the estimate. Currently trapping is the only effective in catching snakes similar in Louisiana pinesnake’s apparent rarity, standardized and most effective known size, and related to the Louisiana secretive nature, and preference for method for surveying Louisiana pinesnake, including the bullsnake occupying pocket gopher burrow pinesnakes. While it is the most (Pituophis catenifer sayi), black systems has made it difficult to generate effective, it is also expensive and labor pinesnake, Florida pinesnake, and extensive natural history information intensive. Trapping for Louisiana northern pinesnake (Pituophis (Ealy et al. 2004, pp. 383–384). pinesnakes involves the use of multiple melanoleucus melanoleucus) (Burgdorf Trapping results are functions of trap sets of drift fences with box traps in an et al. 2005, p. 424; Fitch 1951, p. 80; location selection, trap success, and true area either known to be inhabited by Yager et al. 2005, p. 24; Zappalorti 2016, presence or absence; thus trapping data Louisiana pinesnakes or that appears to p. 7; Enge 2016, pers. comm.). only approximate Louisiana pinesnake have suitable habitat. Box and funnel

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS EP06OC16.015 69460 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

Since 1993, extensive Louisiana habitat currently considered occupied estimating the boundaries of the pinesnake trapping has been conducted (based upon 1993–2015 occurrence EOHAs. at first near recent recorded occurrences data) is primarily concentrated on All Louisiana pinesnake verified of the species that appeared to be in public lands controlled by the occurrence records were used for EOHA suitable habitat, and then more broadly, Department of Defense (DOD) (Joint analysis except for: Those obtained in other locations of varying habitat Readiness Training Center and Fort Polk prior to 1993 (before extensive trapping conditions within the snake’s historical [Fort Polk] and Peason Ridge), the USFS began); and records older than 11 years range (Rudolph et al. 2006, p. 464) by (KNF and (from the time of analysis; which is the the USFS, the U.S. Army, the Memphis [ANF]), and privately owned industrial estimated Louisiana pinesnake Zoo, and the Louisiana Department of timberlands in Louisiana and Texas. generational turnover period (Marti Wildlife and Fisheries (LDWF). There is also a reintroduction 2014, pers. comm.)), when traps within Trapping has been conducted to provide feasibility-study population of 0.6 mi (1 km) of those records had been animals for telemetry studies, to Louisiana pinesnakes that has been unproductive for 5 years of trap effort determine the effects of vehicle-caused established from captive-bred snakes in following the date of the records. mortality, and for surveys to document Grant Parish, Louisiana, on KNF lands. That methodology uses records presence of the species (Rudolph et al. Although single observations were not (including non-trap occurrence) 2015, p. 3). A variable number of traps used to establish known occupied areas, obtained over a period of intense are operated per year in 10 Texas single individuals have been surveys during the estimated counties and seven Louisiana parishes documented in one Louisiana parish generational time of Louisiana (Rudolph et al. 2015, p. 3). Through the and two Texas counties (see Figure 1, pinesnakes in captivity. However, some years, there have been slight above). A single Louisiana pinesnake records that are located in areas modifications to some traps, but it is not was observed crossing a road in 1994 in potentially still occupied by the species, considered to have had major impacts Tyler County, but no others have been where habitat attributes have remained on trap success (Rudolph et al. 2015, p. recorded in that county in the 22 years similar or improved since observed 3). Additionally, over time, new traps since that observation. A single occurrence, are not used for this observation of a Louisiana pinesnake may be added to locations thought to estimation of occupied range because found dead along a road in 2001 contain Louisiana pinesnakes because of significant trapping efforts have not indicates that the current population in the presence of suitable conditions, produced any additional records in that Natchitoches Parish may have extended such as preferred soils (Melder 2015, p. area. 115; Wagner et al. 2014, p. 152). into extreme northwestern Rapides Parish, Louisiana; however, no more The original purpose of the EOHAs In total, trapping during 1993–2015 have been sighted in Rapides Parish designation was to match proactive from throughout the historical range of since 2001. A juvenile Louisiana habitat management activities to areas the Louisiana pinesnake has resulted in pinesnake was captured in 2008, in most likely to be currently occupied by 101 unique individual captures. Nacogdoches County near Garrison, the Louisiana pinesnake (U.S. Fish and Supported by rangewide trapping Texas (Pierce 2015, unpub. data), Wildlife Service 2014, p. 8). Based on results and the historical records suggesting that at least some individuals the previously described methodology, database, Rudolph et al. (2006, p. 467– existed near that site as recently as 8 the following EOHAs have been 469) concluded that the failure to years ago. delineated (Figure 2): (1) The Bienville document existing Louisiana pinesnake To estimate the size of occupied EOHA located on privately owned populations at known historical habitat areas, all Louisiana pinesnake industrial timberlands in Bienville localities, coupled with the degradation records from 1993 to 2015 (Pierce 2015, Parish, Louisiana; (2) the Kisatchie and fragmentation of habitat in those unpub. data) containing location data EOHA located on USFS lands (the areas, indicates that the Louisiana and meeting the criteria established Kisatchie Ranger District of the KNF in pinesnake had been extirpated from below (157 records), were plotted in a Natchitoches Parish, Louisiana); (3) the significant portions of its historical Geographic Information System (GIS). Peason Ridge EOHA located on DOD range. Three parishes (Beauregard, Using ArcMap (Version 10.2.1), a lands (Vernon and Sabine Parishes) and Jackson, and Rapides) in Louisiana, and minimum convex polygon (MCP) was a small amount of private lands seven counties (Hardin, Nacogdoches, drawn around clusters of records, and a (inholdings) in Louisiana; (4) the Fort Polk, Sabine, San Augustine, Trinity, 0.6-mile (mi) (1.0-kilometer (km)) buffer Polk/Vernon EOHA located on DOD and Wood) in Texas, are now was drawn around each MCP, resulting lands (Fort Polk), USFS lands (the considered unoccupied by the Louisiana in the estimated occupied habitat area Vernon Unit/Calcasieu District of the pinesnake. Rudolph et al. (2006, pp. (EOHA) for Louisiana pinesnakes KNF), and a small amount of private 467–469) determined that six occupied represented by that group of records. lands (inholdings) in Vernon Parish, areas were in existence in 2006. In 2007, The MCP was buffered to accommodate Louisiana; (5) the Scrappin’ Valley an area on the Kisatchie District of the the fact that trap locations were not EOHA located primarily on privately Kisatchie National Forest (KNF) in placed on the landscape with the intent owned timberlands in Newton County, Louisiana was determined to be of delineating population boundaries. A Texas; (6) the Angelina EOHA located occupied by the Louisiana pinesnake. 0.6-mi (1.0-km) buffer was used because on USFS lands (the southern section of Based on 2014 analysis (and reaffirmed telemetry data indicate this is a ANF in Angelina and Jasper Counties) by 2016 analysis) of occurrence records reasonable approximation of the area and private lands in Texas; and (7) the of counties or parishes with multiple that a Louisiana pinesnake uses during Catahoula Reintroduction Feasibility observations since 1993, six natural, 1 or more years (Rudolph 2008a, pers. EOHA located on USFS lands (the potentially extant, populations of comm.). After discussions with experts, Catahoula Ranger District of the KNF in Louisiana pinesnakes occur in four including Dr. Craig Rudolph and Grant Parish, Louisiana). Utilizing the parishes (Bienville, Natchitoches, members of the Association of Zoos and methods described above, the Winn Sabine, and Vernon) in Louisiana, and Aquariums (AZA), the Service Ranger District of the KNF in three counties (Angelina, Jasper, and developed criteria to determine the data Natchitoches Parish, Louisiana, and the Newton) in Texas. Louisiana pinesnake and methodology to be used for in Sabine

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules 69461

County, Texas, identified in 2008, are no longer considered occupied. BILLING CODE 4333–15–P

BILLING CODE 4333–15–C (19,061.2 ha) of USFS lands, 499.7 ac and 67,324.9 ac (27,245.4 ha) of private Those EOHAs occur on 30,751.9 ac (202.2 ha) of State and municipal lands, lands (Table 1). (12,444.8 ha) of DOD lands, 47,101.3 ac

TABLE 1—LAND OWNERSHIP IN ACRES (HECTARES) OF ESTIMATED LOUISIANA PINESNAKE OCCUPIED HABITAT AREAS AS DETERMINED FOR 2016 ACCORDING TO LOCATION RECORDS THROUGH 2015 [Totals may not sum to rounding]

Total for esti- Estimated occupied habitat U.S. Forest Department of State and mated occu- State area Service Defense municipal Private pied habitat area

Louisiana ...... Bienville ...... 0 0 363.7 60,727.2 61,090.9 (0) (0) (147.2) (24,575.5) (24,722.6) Kisatchie ...... 1,598.8 0 0 0 1,598.8 (647.0) (0) (0) (0) (647.0) Peason Ridge ...... 0 3,147.3 0 0 3,147.3 (0) (1,273.7) (0) (0) (1,273.7) Fort Polk/Vernon ...... 34,164.7 27,601.3 0 222.6 61,988.7 (13,826.0) (11,169.8) (0) (90.1) (25,085.9) Catahoula Reintroduction ... 1,828.5 0 0 0 1,828.5 (739.9) (0) (0) (0) (739.9)

Louisiana Total ...... 37,592.0 30,748.5 363.7 60,949.9 129,654.1 (15,213.0) (12,443.5) (147.2) (24,665.6) (52,469.2)

Texas ...... Scrappin’ Valley ...... 0 0 21.3 5,036.5 5,057.8 (0) (0) (8.6) (2,038.2) (2,046.8)

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS EP06OC16.016 69462 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

TABLE 1—LAND OWNERSHIP IN ACRES (HECTARES) OF ESTIMATED LOUISIANA PINESNAKE OCCUPIED HABITAT AREAS AS DETERMINED FOR 2016 ACCORDING TO LOCATION RECORDS THROUGH 2015—Continued [Totals may not sum to rounding]

Total for esti- Estimated occupied habitat U.S. Forest Department of State and mated occu- State area Service Defense municipal Private pied habitat area

Angelina ...... 9,509.3 3.3 114.7 1,338.6 10,965.8 (3,848.3) (1.4) (46.4) (541.7) (4,437.7)

Texas Total ...... 9,509.3 3.3 136.0 6,375.0 16,023.6 (3,848.3) (1.4) (55.1) (2,579.9) (6,484.5)

Total Ownership ...... 47,101.3 30,751.9 499.7 67,324.9 145,677.7 (19,061.3) (12,444.8) (202.2) (27,245.4) (58,953.7)

Population Estimates and Status between 1993 and 2015 (Pierce 2016a, of the Bienville EOHA has produced the The Louisiana pinesnake is pers. comm.), which is substantially best trap success of any trapping area in recognized as one of the rarest snakes in lower than those found in Smith’s study areas currently known to be inhabited North America (Young and Vandeventer of Florida pinesnake. Actual population by the species. Consequently, Reichling 1988, p. 203; Himes et al. 2006, p. 114). densities cannot be reliably estimated et al. (2008, p. 10) believed this site was It was classified in 2007 as endangered from trapping data because mark- critical for the preservation of this on the International Union for recapture analyses cannot be conducted species. Trapping from a previous effort Conservation of Nature’s (IUCN’s) Red without sufficient numbers of Louisiana on the Winn District portion of this List of Threatened Species (version 3.1; pinesnake recaptures, but similar population between 2000 and 2001 http://www.iucnredlist.org/). trapping methods have been used by provided two captures (in addition to Most Louisiana pinesnake records others to estimate snake abundance. one recapture). Trap efforts in the same All Louisiana pinesnake EOHAs that were used to approximately area from 2004 to 2013 have produced contain at least some suitable habitat, delineate occupied habitat for 2016 zero captures in 7,525 trap days, and the and experience varying amounts of were acquired by trapping. We area is now regarded as unoccupied. beneficial forest management. However, Within the privately owned considered each day that a trap was most populations appear to show either timberland described above, two open a ‘‘trap day.’’ Thus, for an area a decline or no conclusive change in disjunct areas are managed for the being surveyed, all traps in that area trap success through time, indicating Louisiana pinesnake with thinning, that were open contribute to the number that numbers of individuals in most longleaf pine restoration, targeted of trap days (i.e., four traps that are open populations are likely decreasing herbicide use, and prescribed burning for 3 days each equals 12 trap days). The (Rudolph et al. 2015, p. 8). Despite (see ‘‘Conservation Efforts to Reduce ratio of trap days and number of unique continued effort, some populations have Habitat Destruction, Modification, or snakes captured is called ‘‘trap success’’ not experienced trap success or other Curtailment of Its Range,’’ below). (i.e., two unique snakes captured during occurrence records for many years. For Kisatchie EOHA 2,000 trap days = 1 capture per 1,000 this reason, as discussed earlier, the trap days or a 1:1,000 trap success) and Winn Ranger District of the KNF portion Two relatively recent Louisiana was determined for each population. of the Bienville EOHA and the Sabine pinesnake occurrence records (one non- Louisiana pinesnake trapping across the EOHA are no longer considered capture sighting (2003) and one hand- species’ entire range (including areas occupied. Trapping efforts (all provided capture (2007)) exist for this population. outside of EOHAs in Louisiana and by Pierce (2015, unpub. data)) and No Louisiana pinesnakes were captured Texas) during 1993 through 2015 has habitat management actions are during 12,011 trap days (1997 to 2003) resulted in 101 unique individual presented below for each EOHA. on the Kisatchie District of the KNF. captures during 448,892 trap days However, past trapping did not occur in (1:4,444 trap success) (Pierce 2016a, Bienville EOHA the locations of the records mentioned pers. comm.). Trapping information can Based on trap and other occurrence above. Furthermore, despite the be compared to similar species to get a records (84 occurrences (including trap presence of substantial amounts of sense of the relative rarity of this species recaptures) from 1988 through 2015) suitable habitat on the Kisatchie when compared to a similar species (Pierce 2015, unpub. data), the Bienville District, past trapping did not sample trapped in a comparable way. For population is widely believed to be the the best habitat (Rudolph et al. 2006, p. instance, a Florida pinesnake trapping largest extant Louisiana pinesnake 469). Trapping resumed within this effort using similar drift fence trapping population (Rudolph et al. 2006, p. 465; population in 2012, in the best habitat, methods in one 30,000-ac (12,141-ha) Reichling et al. 2008, p. 10). For all and has continued through 2015, but no section of the species’ range captured 87 trapping efforts so far (1995 through captures (by hand or trap) have occurred unique individuals during 50,960 trap 2015, not continuous), trap success for since the 2007 capture (Pierce 2015, days (1:585.7 trap success) over a 13- this population was 1:854. While trap unpub. data). year period from 2003 to 2015 (Smith success varies annually, the trap success Active habitat management for the 2016b, pers. comm.). The Louisiana in this area has been consistently greater endangered red-cockaded woodpecker pinesnake site with the greatest long- than for any other population overall. (Picoides borealis) and the Louisiana term trap success by far, the Bienville Trapping on that private timberland has pinesnake occur within and EOHA, which is 61,090.9 ac (24,722.6 only recently resumed in 2012, after surrounding the EOHA of this ha), has a trap success rate of 1:854.0 cessation in 2009. The Kepler Lake area population (see ‘‘Conservation Efforts to

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules 69463

Reduce Habitat Destruction, days (a success rate of 1:426), and establishment of a viable Modification, or Curtailment of Its demonstrating a reduction of trap population in restored habitat. In total, Range,’’ below). success at this site (Pierce 2015, unpub. 77 captive-bred Louisiana pinesnakes data). (11 in 2010, 15 in 2011, 3 in 2012, 15 Peason Ridge EOHA Active habitat management for the in 2013, 1 in 2014, 15 in 2015, and 17 Six occurrence records (from 2003 to red-cockaded woodpecker and the in 2016) have been released into the 2013, all observed after 2005) exist for Louisiana pinesnake occurs at this site wild at the Catahoula Ranger District of this population; one of which was a (see ‘‘Conservation Efforts to Reduce the KNF (Pierce 2016, unpub. data; non-trap sighting. The trapping effort for Habitat Destruction, Modification, or Pierce 2016b, pers. comm.; Smith 2016a, the last 5 years (2009 to 2013 (8,446 trap Curtailment of Its Range,’’ below). pers. comm.). This area is not near any days)) produced four captures, one in Despite Louisiana pinesnake known Louisiana pinesnake populations 2010, two in 2012, and one in 2013, occurrences as recent as 2008, and and not within the known historical with a success rate of 1:2,112 (Pierce proactive habitat management by the range of the species. Detection of 2015, unpub. data). former and current private landowners, released snakes is occurring within this Active habitat management for the the lack of recent trap success when EOHA through monitoring of deployed red-cockaded woodpecker and the compared to trap success in the 1990s Automated PIT Tag Recorders (APTRs) Louisiana pinesnake occurring at this suggests that this population has and trapping. Prior to March 22, 2016, site has stabilized or increased the declined due to prolonged minimal 60 snakes have been released, and as of amount of preferable habitat that suitable habitat availability. that date a total of 26 individual snakes exhibits suitable vegetative Angelina EOHA have been detected at least once after characteristics (see ‘‘Conservation release (detections beginning 1 day after Efforts to Reduce Habitat Destruction, Seven occurrence records during 2003 release): of those, 14 snakes have been Modification, or Curtailment of Its to 2013 exist for this population. Four detected alive more than 60 days after Range,’’ below). were unique trap captures, one was a release, of those, 10 have been detected trap recapture, one was hand-caught Fort Polk/Vernon EOHA alive in the year following the winter alive on a road, and one previously after release, of those, 7 have been Twenty-two occurrence records from captured and pit-tagged individual was detected 2 years (winters) after release, 2003 to 2013, including four non-trap found dead on a road in 2009. Both the of those, 3 have been detected 3 years sightings and four trap-recaptures, exist trap recapture and hand-caught (winters) after release, and of those, 1 for this population. Trap success for this individual were removed from the wild snake has been detected 4 years population over 5 years (2009 to 2013) for captive breeding. From 2009 to 2013, (winters) after release (Pierce 2016b, is estimated to be 1:2,625 (eight unique no unique trap captures have occurred pers. comm.; Pierce 2016c, pers. individual captures out of 21,003 trap within this population during 16,277 comm.). days), which includes all recent trap days. The most recent unique Active habitat management for the unsuccessful surveying on the Vernon individual trap capture at this site was red-cockaded woodpecker and the Unit of the KNF. Since 2003, no in 2007. However, a recapture did occur Louisiana pinesnake occurs at the captures have occurred on the Vernon within this population as recently as Catahoula Ranger District site (see Unit. Excluding trapping on the Vernon 2012, and that individual was removed ‘‘Conservation Efforts to Reduce Habitat Unit, DOD observed a trap success rate from the wild for captive breeding. Trap Destruction, Modification, or over 5 years (2009 to 2013) of 1:1,959 success rates have shown a steady Curtailment of Its Range,’’ below). (eight unique individual captures decline throughout the effort period: Captive-Breeding Population during 15,672 trap days) on DOD From 1992 to 1997, success rate was property (Pierce 2015, unpub. data). 1:652 (2 captures during 1,303 trap The captive Louisiana pinesnake zoo Two snakes were trapped in 2014, and days); during 1998 to 2005, success rate population established in 1984 was there were three records of occurrence was 1:3,420 (2 captures during 6,840 initially maintained through wild in 2015 (one hand-captured and two trap days); and during 2007 to 2012, collection. The AZA Species Survival dead on roads). success rate was 1:5,305 (3 captures Plan (SSP) for the Louisiana pinesnake Active habitat management for the during 15,916 trap days). However, all was implemented in 2000, to manage red-cockaded woodpecker and the trap effort within this population the zoo population (Reichling et al., in Louisiana pinesnake has stabilized or produced only a total of seven unique litt. 2015, p. 1). The goals of the SSP are increased the amount of habitat that has individual Louisiana pinesnakes since to: Maintain an assurance colony for suitable vegetative characteristics (see the 1990s (27,656 trap days) (Pierce wild Louisiana pinesnake populations, ‘‘Conservation Efforts to Reduce Habitat 2015, unpub. data). preserve or increase genetic Destruction, Modification, or Active habitat management for the heterozygosity into the future, preserve Curtailment of Its Range,’’ below). red-cockaded woodpecker and the representative genetic integrity of wild Louisiana pinesnake occurs at this site populations, and provide individuals as Scrappin’ Valley EOHA (see ‘‘Conservation Efforts to Reduce needed for research and repopulation On this primarily private land, five Habitat Destruction, Modification, or for the conservation of wild populations occurrence records during 2005 to 2015 Curtailment of Its Range,’’ below). (U.S. Fish and Wildlife Service 2013, exist for this population; however, two pp. 32–33). As of March 2016, the of those were road mortalities, two were Catahoula Reintroduction Feasibility captive-breeding Louisiana pinesnake removed from the wild for captive EOHA population consists of 111 individuals breeding, and one was sighted but not An informal committee was (51 males, 53 females, and 7 unsexed captured. There have been no trap established to oversee and conduct an individuals) in 18 AZA accredited captures since 2009 during 15,628 trap experimental reintroduction of the institutions and 2 non-AZA partner days within this population and no Louisiana pinesnake in an attempt to institutions (Reichling 2016, pers. other occurrences. During trapping demonstrate the feasibility of comm.). Initially, three populations efforts on this land from 1995 to 1997, reintroducing a population using were managed based on their different five captures occurred during 2,128 trap individuals from a captive population, geographic origins, which are separated

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS 69464 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

by rivers (one from Texas, separated half of the 20th century, Louisiana, Impacts from urbanization are not from Louisiana by the Sabine River, and Alabama, and Mississippi lost between consistent throughout the Southeast, two from Louisiana, which are 60 and 90 percent of their already and most population growth is separated by the Red River) (Reichling reduced longleaf acreage (Outcalt and predicted to occur near major cities and Schad 2010, p. 1). Recent genetic Sheffield 1996, pp. 1–10). By the late (Wear and Greis 2013, p. 21), which are analyses showed that all populations 1980s, the natural longleaf pine acreage generally not near known Louisiana were similar in population structure and in Louisiana and Texas was only about pinesnake occurrences; however, the the Texas and southern Louisiana 15 and 8 percent, respectively, of what most recent assessment still predicts populations were difficult to separate had existed in 1935 (Bridges and Orzell decreased use of land for forests (mainly genetically (Kwiatkowski et al. 2014, p. 1989, p. 246). Those longleaf pine due to urbanization) in the next 45 years 12). Therefore, currently one group is forests were primarily converted to in all of the parishes (Louisiana) and derived from Bienville Parish, extensive monoculture pine plantations counties (Texas) historically and Louisiana, founders and the other group (Bridges and Orzell 1989, p. 246), which currently occupied by the species is a combination of Vernon Parish, presumably were not primarily managed (Klepzig et al. 2014, pp. 21–23). Louisiana, and eastern Texas snakes for enhancement of herbaceous High-quality longleaf pine forest (Reichling 2016, pers. comm.). vegetation. habitat, which is generally characterized In short, the longleaf dominant pine by a high, open canopy and shallow Summary of Factors Affecting the forest (longleaf pine forest type plus litter and duff layers, is maintained by Species longleaf pine in mixed species stands) frequent, low-intensity fires, which in Section 4 of the Act (16 U.S.C. 1533), in the southeastern United States turn restrict a woody midstory and and its implementing regulations at 50 declined approximately 96 percent from promote the flowering and seed CFR part 424, set forth the procedures the historical estimate of 92 million ac production of fire-stimulated for adding species to the Federal Lists (37 million ha) (Frost 1993, p. 20) to groundcover plants (Oswalt et al. 2012, of Endangered and Threatened Wildlife approximately 3.75 million ac (1.52 pp. 2–3). The Louisiana pinesnake was and Plants. Under section 4(a)(1) of the million ha) in 1990 (Guldin et al. 2016, historically associated with natural Act, we may list a species based on (A) p. 324). Since the 1990s, longleaf pine longleaf pine forests, which were The present or threatened destruction, dominant forest acreage has been maintained in good condition by natural modification, or curtailment of its trending upward in parts of the processes and have the abundant habitat or range; (B) overutilization for Southeast through restoration efforts herbaceous vegetation necessary to commercial, recreational, scientific, or (Guldin et al. 2016, pp. 323–324). By support the Louisiana pinesnake’s educational purposes; (C) disease or 2010, the longleaf dominant pine forest primary prey, the Baird’s pocket gopher predation; (D) the inadequacy of stands had increased to approximately (Himes 1998, p. 43; Sulentich et al. existing regulatory mechanisms; or (E) 4.3 million ac (1.7 million ha) (Oswalt 1991, p. 3; Rudolph and Burgdorf 1997, other natural or manmade factors et al. 2012, p. 10; Guldin et al. 2016, pp. p. 17). Based on trapping surveys and affecting its continued existence. Listing 323–324). A recent estimate for the location records, it appears that areas actions may be warranted based on any extent of longleaf dominant pine forest managed with silvicultural practices for of the above threat factors, singly or in in 2015 was 4.7 million ac (2.8 million fiber production that do not allow combination. In this section, we ha) (America’s Longleaf Restoration sufficient herbaceous vegetation growth summarize the biological condition of Initiative 2016, p. 12). do not support viable Louisiana the species and its resources, and the In general, southern forest futures pinesnake populations (Rudolph et al. influences of the listing factors on them, models predict declines of overall forest 2006, p. 470) because the snake’s pocket to assess the species’ overall viability land area in the southeastern United gopher prey requires herbaceous and the risks to that viability. States between 2 and 10 percent in the vegetation for forage. next 50 years (Wear and Greis 2013, p. Rudolph et al. (2006, p. 467) assessed Factor A: The Present or Threatened 78). The model-projected losses of habitat conditions during 1999 and Destruction, Modification, or natural pine forest in the Southeast 2000, at the locations of all historical Curtailment of Its Habitat or Range would be mostly the result of Louisiana pinesnake records (n = 118 Both the quantity and quality of the conversion to planted pine forests (Wear localities) known at that time. They natural longleaf pine ecosystem, the and Greis 2013, p. 79). For the southern found that 70 percent (26 of 37) of the primary historical habitat of the Gulf region, model runs assuming high localities on public lands met their Louisiana pinesnake, have declined levels of urbanization and high timber criteria as excellent or good condition, sharply in Louisiana and Texas since prices predict large percentage losses in whereas only 33 percent (27 of 81) of European settlement. The loss, longleaf pine in some parishes and the localities on private lands met their degradation, and fragmentation of the counties of Louisiana and Texas that criteria as excellent or good condition. longleaf pine dominant ecosystem was were historically and that are currently Due to habitat fragmentation, most sites historically caused by logging, occupied by the Louisiana pinesnake, with excellent or good habitat were turpentining, fire suppression, alteration while two Louisiana parishes in the isolated and small (typically a few of fire seasonality and periodicity, current occupied range are expected to hundred hectares, or less (Rudolph et al. conversion to generally off-site pine gain (less than the percent decline 2006, p. 466)). The distribution of species plantations, agriculture, and predicted in the other parishes and Louisiana pinesnakes within the current free-range hogs (Frost 1993, pp. 24–30, counties) in longleaf pine acreage range was further restricted because 31, 35). Virtually all virgin timber in the (Klepzig et al. 2014, p. 53). The outer intensive land use activities and the southern United States was cut during boundary or ‘‘footprint’’ of the longleaf disruption of natural fire regimes had intensive logging from 1870 to 1920 pine ecosystem across its historical decreased the quantity and quality of (Frost 1993, p. 30). Only about 2.9 range has contracted as recently as the the intervening areas as habitat for this percent of longleaf pine forests in period of 1990 to 2010, with losses species (Rudolph et al. 2006, p. 470). Louisiana and Texas were uncut old- (primarily due to conversion to loblolly Based on the low capture rates reported growth stands in 1935 (Bridges and pine) in western Louisiana and eastern during trapping from 1993 to 2001, and Orzell 1989, p. 246). During the latter Texas (Oswalt et al. 2012, pp. 10–14). the limited habitat availability, Rudolph

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules 69465

et al. (2006, p. 468) concluded that allows continual maintenance of section, we describe the extensive remnant Louisiana pinesnake herbaceous communities. Other pine habitat restoration efforts that have populations are not large. In fact, during species lack these adaptations to fire occurred on Federal lands throughout this 9-year trapping period, only 24 that allow for frequent fire during all life the range (to a lesser extent on private unique captures of Louisiana stages (especially very young trees). lands) that have reduced the threat of pinesnakes occurred out of 2,372 total Non-longleaf pine communities can be habitat loss for some populations. We unique snake captures in 101,828 trap managed to provide suitable habitat also discuss the lack of a definitive days (a trap success of 1:3,775 for within a stand when burning is not positive response of the Louisiana Louisiana pinesnake). At many sites, no recommended (e.g., very young trees) by pinesnake to these efforts, at present. pinesnakes were captured, but even at using herbicides and other techniques. Existing and Planned Conservation sites where they were captured, the However, if those techniques alter the Efforts: As early as the 1980s, forest average trap success was only 1:733 composition or density of the restoration and management had been (Rudolph et al. 2006, p. 465). groundcover vegetation and pocket implemented on Fort Polk, Peason The disruption of natural fire regimes, gophers decline in response, it is likely Ridge, and adjacent USFS lands to due to fire suppression and inadequate, that Louisiana pinesnakes will decline restore and maintain conditions of infrequent prescribed burning, is the in response as well (USFWS 2001). In widely spaced trees, clear of dense leading factor responsible for the addition, longleaf pine structure (e.g., midstory growth (U.S. Department of degradation of the small amount of branch and needle structure) naturally the Army 2014, p. 21). Management remaining suitable longleaf pine forest allows more sunlight penetration at occurred for training suitability and red- habitat (Rudolph and Burgdorf 1997, p. similar stem densities than other pine cockaded woodpecker habitat, and most 118; Rudolph 2000, p. 7). In the absence species. recently for Louisiana pinesnake of frequent and effective fires, upland Regardless of the methods used to habitat. The requirements for those pine savannah ecosystems rapidly promote herbaceous vegetation in the three objectives happen to have develop a midstory of hardwoods and understory, the amount and types of significant overlap, especially the other overstory species that suppress or herbaceous vegetation are limited by the maintenance of open canopy pine forest. eliminate any herbaceous understory. amount of sunlight able to reach the USFS has also implemented habitat As the presence of pocket gophers is forest floor and, for some species, by the restoration and management for many directly related to the extent of presence of fire (i.e., to scarify seeds, years on Sabine National Forest (SNF), herbaceous vegetation available to them, promote seed production, and consume ANF, and KNF to benefit the red- their population numbers and leaf litter). Therefore, conversion and cockaded woodpecker, as provided for distribution decline as such vegetation management of overstory vegetation that in its land and resource management declines, which in turn directly impacts does not provide for continued plans (USFS 1996, pp. 107–134; USFS the number and distribution of maintenance of herbaceous vegetation 1999, pp. 2–61 to 2–73). In 2003, a Louisiana pinesnakes. The use of in otherwise suitable habitat will further candidate conservation agreement prescribed burning has decreased on limit habitat available to the Louisiana (CCA) for the Louisiana pinesnake, private timberlands because of legal pinesnake. which includes the Service, USFS, liability and the expense of liability Habitat fragmentation threatens the DOD, Texas Parks and Wildlife insurance, the planting of pine species continued existence of all Louisiana Department (TPWD), and LDWF, was which have a reduced tolerance to fire, pinesnake populations, particularly completed. Targeted conservation limited funds and personnel, and smoke those on private lands. This is actions are currently being implemented management issues. According to Wear frequently the result of urban as part of that agreement. The CCA is and Greis (2013, p. 509), southern development, conversion of longleaf designed to identify and establish forests are likely to see increasing pine sites to intensively managed pine beneficial habitat management actions challenges to prescribed burning in the plantations, and an increase in the for the Louisiana pinesnake on Federal future as land-use changes involving number of roads. When patches of lands in Louisiana and Texas, and fuels management, increased urban available habitat become separated provides a means for the partnering interface, and revised safety and health beyond the dispersal range of a species, agencies to work cooperatively on regulations will continue to constrain small populations may become less projects that avoid and minimize prescribed fire efforts. Some of these resilient because additions of impacts to the species. The CCA also set constraints could be in the form of individuals to the population may up mechanisms to exchange information reduced fire intervals or reductions in decline along with their potential on successful management practices and average area burned per fire event genetic diversity contributions, thus coordinate research efforts. SNF [Sabine (strategies often used in management of increasing the risk of extirpation (see Louisiana pinesnake population pine plantations), which may not discussion under Factor E: Other considered extirpated since 2014] and provide adequate fire intensity or Natural or Manmade Factors Affecting ANF in Texas, and KNF and Fort Polk frequency to suppress the overgrown Its Continued Existence). in Louisiana, agreed in the CCA to understory and midstory conditions that In summary, habitat loss and continue or start new stem thinning and limit herbaceous vegetation growth. continuing degradation of the Louisiana prescribed burning operations in Overstory species other than longleaf pinesnake’s habitat remain a significant sections of upland pine forests and, pine can be managed to provide suitable threat to this species’ continued where possible, to convert forests to understory for pocket gophers, but this existence. longleaf pine (CCA 2003, p. 12–16). is generally more difficult, as these Since completion of the CCA, species lack the physical characteristics Conservation Efforts To Reduce Habitat beneficial forest management activities and ecological adaptations to sustain Destruction, Modification, or conducted by USFS and Fort Polk have desired understory conditions during all Curtailment of Its Range been formally dedicated to conservation life stages, especially when managed When considering whether or not to of the Louisiana pinesnake. Removing with prescribed fire. Specifically, list a species under the Act, we must some trees from a dense stand with longleaf pine is adapted to thrive with identify existing conservation efforts heavy canopy cover allows more light to frequent fire during all life stages, which and their effect on the species. In this reach the ground, which can promote

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS 69466 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

the growth of herbaceous vegetation, an Resources Conservation Service (NRCS) dedicate resources to areas the species important food source for the primary and the AZA as cooperators (U.S. Fish is most likely to inhabit. However, the prey of the Louisiana pinesnake. and Wildlife Service 2013, pp. 7–8). updated CCA addresses threats from Prescribed burning helps to control That agreement updates, supersedes, habitat loss only on Federal lands, and midstory cover, particularly hardwood and improves upon the 2003 CCA, and for the activities performed by NRCS on species that compete with pine uses significant new information private land. The CCA also includes seedlings and reduce light penetration. derived from research, threats guidance on practices to reduce impacts Converting forests to longleaf pine is assessments, and habitat modeling that to Louisiana pinesnakes from vehicles helpful because longleaf pine is better was not available in 2003 to focus on improved roads and off-road all- adapted to fire (and tolerates it at an conservation actions, including terrain vehicle (ATV) trails (see earlier age) than other pine species, and beneficial forest management, in areas ‘‘Conservation Efforts To Reduce therefore is generally easier to manage with the best potential to become Threats Under Factor E,’’ below). with prescribed fire over multiple suitable habitat for the Louisiana Thousands of acres of forests on rotations. Historically, Louisiana pinesnake. Those areas are called Federal lands have been treated over pinesnakes were predominantly found habitat management units (HMUs), and many years with prescribed burning, in longleaf pine forests, and that forest they were delineated based on existing and that treatment along with tree type was historically the dominant type red-cockaded woodpecker habitat thinning continues to the present. The in the areas that now make up the KNF, management areas (HMAs) in upland following tables summarize recent forest ANF, and Fort Polk. pine forests. Those areas were further management activities on Federal lands The CCA was revised in 2013, and defined by the location of preferable and where Louisiana pinesnake populations now also includes the U.S. Department suitable soils (LRSF-Model) for the occur. Values have been rounded to the of Agriculture’s (USDA) Natural Louisiana pinesnake in order to nearest acre.

TABLE 2—ACRES (HECTARES) OF PRESCRIBED BURNING AND THINNING CONDUCTED IN THE KISATCHIE RANGER DISTRICT OF THE KNF (KISATCHIE POPULATION) WITHIN THE 2014 DELINEATED EOHA (1,599 TOTAL AC [647 HA]) AND THE LARGER SURROUNDING HMU (36,114 TOTAL AC [14,615 HA])

Prescribed burning Prescribed burning Stocking reduction Area 2015 2013–2015 (thinning) 2015

EOHA ...... 963 (390) 1,980 (801) 0 (0) HMU ...... 4,285 (1,734) 24,893 (10,074) 193 (78)

TABLE 3—ACRES (HA) OF PRESCRIBED BURNING AND THINNING CONDUCTED IN THE VERNON UNIT OF THE KNF (FORT POLK/VERNON POPULATION) WITHIN THE 2014 DELINEATED EOHA (34,487 TOTAL ACRES [13,956 HA]) AND THE LARGER SURROUNDING HMU (61,387 TOTAL ACRES [24,842 HA])

Prescribed burning Prescribed burning Stocking reduction Area 2015 2013–2015 (thinning) 2015

EOHA ...... 12,670 (5,127) 43,281 (17,515) 1,541 (624) HMU ...... 20,734 (8,391) 74,927 (30,322) 1,670 (676)

TABLE 4—ACRES (HA) OF PRESCRIBED BURNING AND THINNING CONDUCTED AT FORT POLK (FORT POLK/VERNON POPU- LATION) WITHIN THE 2014 DELINEATED EOHA (27,502 TOTAL ACRES [11,130 HA]) AND THE LARGER SURROUNDING HMU (29,037 TOTAL ACRES [11,751 HA])

Prescribed burning Prescribed burning Stocking reduction Area 2015 2013–2015 (thinning) 2015

EOHA ...... 7,675 (3,106) 22,628 (9,157) 430 (174) HMU ...... 9,159 (3,707) 24,241 (9,810) 586 (237)

TABLE 5—ACRES (HECTARES) OF PRESCRIBED BURNING AND THINNING CONDUCTED AT PEASON RIDGE (PEASON RIDGE POPULATION) WITHIN THE 2014 DELINEATED EOHA (4,886 TOTAL AC [1,977 HA]) AND THE LARGER SURROUNDING HMU (11,265 TOTAL AC [4,559 HA])

Prescribed burning Prescribed burning Stocking reduction Area 2015 2013–2015 (thinning) 2015

EOHA ...... 489 (198) 2,597 (1,051) 0 (0) HMU ...... 2,651 (1,073) 7,440 (3,011) 100 (40)

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules 69467

TABLE 6—ACRES (HA) OF PRESCRIBED BURNING AND THINNING CONDUCTED IN ANF (ANF POPULATION) WITHIN THE 2014 DELINEATED EOHA (10,966 TOTAL AC [4,438 HA]) AND THE LARGER SURROUNDING HMU (24,200 TOTAL AC [9,793 HA])

Prescribed burning Prescribed burning Stocking reduction Area 2015 2013–2015 (thinning) 2015

EOHA ...... 2,735 (1,107) 10,179 (4,119) 0 (0) HMU ...... 6,702 (2,712) 18,940 (7,665) 0 (0)

TABLE 7—ACRES (HECTARES) OF PRESCRIBED BURNING AND THINNING CONDUCTED IN THE CATAHOULA RANGER DIS- TRICT KNF (CATAHOULA REINTRODUCTION FEASIBILITY POPULATION) WITHIN THE 2014 DELINEATED EOHA (1,828 TOTAL AC [740 HA]) AND THE LARGER SURROUNDING HMU (57,394 TOTAL AC [HA])

Prescribed burning Prescribed burning Stocking reduction Area 2015 2011–2015 (thinning) 2015

EOHA ...... 784 (317) 784 (317) 0 (0) HMU ...... 8,279 (3,350) 40,419 (16,357) 231 (93)

Within the Bienville EOHA, the 851- and preserve the thousands of hectares vegetation was harvested, and 200 ac ac (344-ha) Kepler Lake and 859-ac of privately owned, upland, xeric (81 ha) of the area was planted with (348-ha) Sandylands Core Management habitat that surround the Kepler Lake longleaf pine. The landowner Areas (CMAs) (approximately 2.8 CMA. voluntarily agreed to manage the area to percent of the EOHA) were voluntarily The 5,057.8-ac (2,046.8-ha) Scrappin’ promote longleaf pine forest over a 10- established by the landowners at the Valley EOHA is located at least partially year period through a Partners for Fish time to be managed for Louisiana within 11,000 acres (4,452 ha) of and Wildlife Program agreement with pinesnake habitat. According to the privately owned forested land referred the Service. current landowner (Cook 2016a, 2016b, to as Scrappin’ Valley. That area was On the 7,700-ac (3,116-ha) property, pers. comm.), in the loblolly-longleaf managed for game animals for decades most of the forest was not burned, so pine mixed stands of the Kepler Lake (Reid 2016, pers. comm.), and one there is a dense midstory. Several and Sandylands CMAs, approximately section (approximately 600 ac (243 ha)) hundred acres are comprised of young 50 percent (430 ac (174 ha)) and 55 was managed specifically for quail. loblolly pine plantation. In 2014, percent (475 ac (192 ha)), respectively, Prescribed burning was applied only to approximately 400 ac (162 ha) were have been planted with longleaf pine the 600-ac (243-ha) quail area annually harvested, and in 2015, approximately beginning in 2001. Using a combination and to another 1,500 ac (607 ha) at less 205 ac (83 ha) of longleaf pine were of supplemental funding sources (e.g., frequent intervals. The remainder of the planted. The landowner voluntarily Service Private Stewardship Grant, property was not beneficially managed agreed to manage the area to promote Western Gulf Coastal Plain Prescribed for Louisiana pinesnake habitat. In longleaf pine forest over a 10-year Burning Initiative), the present 2012, the property was subdivided and period through a Partners for Fish and landowner has completed prescribed sold as three separate properties of Wildlife Program agreement with the burning of hundreds of acres on the 1,900, 1,500, and 7,700 acres (769, 607, Service. Additionally, approximately CMAs each year since 2000 (except in and 3,116 ha), respectively. 1,000 ac of this property are prescribed 2005, 2008, 2009, and 2012). On the 1,900-ac (769-ha) property burned annually. Additionally, midstory (hardwood and from 2013 to spring 2016, hundreds of Overall, less than 50 percent of the shrub) control is achieved in the CMAs acres (some acres burned multiple Scrappin’ Valley EOHA is being by application of herbicide in narrow times) of longleaf dominated pine forest managed beneficially for the Louisiana bands alongside the planted trees occupied by the red-cockaded pinesnake, but more than 50 percent of instead of broadcast spraying, which woodpecker or near red-cockaded the area is covered under safe harbor limits damage of herbaceous vegetation. woodpecker clusters were prescribed- agreements (SHAs) for the red-cockaded Most of the 59,380 acres (24,030 ha) burned each year; hardwood removal woodpecker, which require forest of timberlands surrounding the CMAs of was conducted on 300 ac (121 ha); management that is generally beneficial the Bienville population are managed thinning by removal of loblolly and to the Louisiana pinesnake. with intensive silvicultural practices slash pine trees was conducted Longleaf pine forest improvement and that typically preclude continual, robust throughout the entire property; and 105 restoration efforts are also currently herbaceous vegetation growth. Reichling ac (42 ha) of longleaf pine restoration occurring within the historical range of et al. (2008, p. 10) did not believe that (removal of existing trees and planted the Louisiana pinesnake on smaller isolated management areas that were with long leaf pine) was completed. The private properties, especially through 800 to 1,000 ac (324 to 405 ha) or less landowner is also currently working programs administered by natural in size were sufficient to support viable with The Nature Conservancy toward a resource agencies such as NRCS, and Louisiana pinesnake populations, and perpetual conservation easement on nonprofit organizations such as The therefore concluded the snakes in the 2,105 ac (852 ha) to protect habitat for Nature Conservancy (TNC). NRCS has Kepler Lake CMA were likely the red-cockaded woodpecker and the provided assistance with thousands of dependent upon the surrounding Louisiana pinesnake. acres of forest thinning, longleaf pine habitat. Consequently, Reichling et al. On the 1,500-ac (607-ha) property in planting, and prescribed burning (2008, p. 10) felt that it was essential to 2015, approximately 250 ac (101 ha) of (Chevallier 2016, pers.comm.). the conservation of the species to restore loblolly pine with dense understory However, the extent of overlap of

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS 69468 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

increases in longleaf pine acreage, due provided by the permit will be extended (Rudolph et al. 2015, p. 33; Pierce 2015, to this program, with occupied or to participating enrollees through unpub. data). As just discussed, potential Louisiana pinesnake habitat certificates of inclusion (COI) issued by extensive habitat restoration efforts have (i.e., preferable or suitable soils) is LDWF. occurred on Federal lands where the unknown because the specific locations The Louisiana pinesnake Louisiana pinesnake occurs. Although of the projects within the area serviced programmatic CCAA has not been the threat of habitat loss has been are private and unavailable to the finalized, and thus no enrollment has reduced on much of these lands, none Service. TNC owns 1,551 ac (628 ha) of been initiated. The extent of landowner of the populations has shown a land within the Vernon Unit of KNF participation and subsequent definitive response to forest that is managed for the red-cockaded conservation benefits are yet to be management conservation activities. woodpecker and the Louisiana determined; therefore no conservation Those Louisiana pinesnake populations pinesnake (Jacob 2016, pers. comm.). benefits to the Louisiana pinesnake from are already small, and the species has a The Service and LDWF are currently the programmatic CCAA are considered low reproductive rate, so recruitment to developing a programmatic candidate in this proposed rule. the population may not be detected for conservation agreement with assurances Concentrating effort by using the several years. However, it is also (CCAA) for the Louisiana pinesnake. A LRSF-Model to guide priorities, LDWF possible that increases in snake CCAA is intended to facilitate the has been approaching landowners in the abundance may not be captured by traps conservation of candidate species by Louisiana pinesnake’s range in currently in operation because some giving non-Federal property owners Louisiana to recruit them into the newly-created suitable habitat may be in (enrollees) incentives to implement Natural Areas Registry Program (Gregory areas farther from the current trap conservation measures. The incentive to 2013, pers. comm.). Landowners agree locations. a property owner provided through a to protect the area and its unique CCAA is that the Service will impose no natural elements to the best of their Summary of Factor A further land-, water-, or resource-use abilities, and they can receive, free of In summary, the loss and degradation restrictions beyond those agreed to in charge, an annual ecological check-up of habitat was a significant historical the CCAA should the species later on the health of the plants, animals, or threat, and remains a current threat, to become listed under the Act. If the habitat of special concern, and the Louisiana pinesnake. The historical species does become listed, the property preparation of a management plan. loss of habitat within the longleaf pine owner is authorized to take the covered Additional research and survey efforts ecosystem occupied by Louisiana species as long as the level of take is are being funded by the Texas pinesnakes occurred primarily due to consistent with the level identified and Comptroller’s office as part of the timber harvest and subsequent agreed upon in the CCAA. The CCAA ‘‘Keeping Texas First’’ initiative. The conversion of pine forests to agriculture, policy considers that all CCAAs will research is underway and being residential development, and managed provide benefits to covered species conducted by Texas A&M University; pine plantations with only intermittent through implementation of voluntary research results are expected to provide periods of open canopy. This loss of conservation measures that are agreed to additional information on the species’ habitat has slowed considerably in and implemented by property owners. habitat requirements in Texas, which recent years, in part due to efforts to The Louisiana pinesnake may contribute to future conservation restore the longleaf pine ecosystem in programmatic CCAA is intended to efforts. Surveyors are expected to access the Southeast. In areas occupied by the establish a framework for participation suitable habitat on private lands that Louisiana pinesnake on USFS and U.S. of the Service and LDWF, and enrollees, have previously been unavailable. Army lands, mixed longleaf and loblolly through specific actions for the Effectiveness of Conservation Efforts: pine forests are managed beneficially for protection, conservation, management, In summary, forest management the species through thinning, and and improvement of the status of the beneficial to the Louisiana pinesnake through prescribed burning of Louisiana pinesnake. Initiation of this has occurred across significant portions thousands of acres of forests every year. CCAA will further the conservation of of most Louisiana pinesnake EOHAs. However, habitat loss is continuing the Louisiana pinesnake on private The significant increases in the acreages today on private land due to lands by protecting known populations of burning and thinning conducted have incompatible forestry practices, and additional potential habitat by improved habitat conditions on many conversion to agriculture, and reducing threats to the species’ habitat Federal lands that support Louisiana urbanization, which result in increasing and survival, restoring degraded pinesnake populations (Rudolph 2008b, habitat fragmentation (see discussion potential habitat on preferred and pers. comm.), and reduced the threat of under Factor E: Other Natural or suitable soils, and potentially habitat loss in those areas. On private Manmade Factors Affecting Its reintroducing captive-bred snakes to land, there has also been habitat Continued Existence). While the use of select areas of the restored habitat. restoration and beneficial management, prescribed fire for habitat management The CCAA is part of an application but it has not been as consistent and is and more compatible site preparation for an enhancement of survival permit generally on a smaller scale (i.e., less has seen increased emphasis in recent (permit) under section 10(a)(1)(A) of the than about 3,000 ac (1,214 ha) in the years, expanded urbanization, Act. The permit, which will be held by Scrappin’ Valley EOHA) than on fragmentation, and regulatory LDWF, will authorize take of the Federal lands. The Bienville population, constraints will continue to restrict the Louisiana pinesnake during the period which appears to be the most abundant, use of fire and cause further habitat of the CCAA. The permitted take will be has only about 1,700 ac (688 ha) of degradation (Wear and Greis 2013, p. that resulting from activities covered in habitat currently managed specifically 509). the CCAA and the individual for the Louisiana pinesnake, and the Extensive conservation efforts are cooperative management agreements home range of one Louisiana pinesnake being implemented that are restoring between LDWF and enrollees in can be as much as 267 ac (108 ha). and maintaining Louisiana pinesnake Louisiana who are willing to engage in There has been no definitive trend of habitat for the Fort Polk/Vernon, Peason voluntary conservation actions for the increased trap success in Louisiana Ridge, Kisatchie, and Angelina Louisiana pinesnake. Take authorization pinesnake populations over time populations. Those populations are not

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules 69469

threatened by continuing habitat loss. adults from isolated populations would range of the Louisiana pinesnake. An Portions of occupied habitat of the eventually lead to extirpation. eastern coachwhip (Masticophis Scrappin’ Valley (approximately 50 Non-permitted collection of the flagellum flagellum), which is an percent) and Bienville populations Louisiana pinesnake is prohibited by abundant species in the Louisiana (about 2.8 percent) of the Louisiana State law in Texas and Louisiana, and pinesnake’s range, was observed pinesnake are also currently being most areas in Louisiana where extant attempting to predate a juvenile managed beneficially through voluntary Louisiana pinesnake populations occur northern pinesnake in North Carolina agreements. However, future restrict public access or prohibit (Beane 2014, p. 143). Speckled conservation on private lands, which collection. In addition, general public kingsnakes (Lampropeltis getula can change ownership and management collection of the Louisiana pinesnake holbrooki) prey on pinesnakes (Ernst practices, is uncertain, and the would be difficult (Gregory 2008, pers. and Ernst 2003, p. 279), and one caught remaining land in the EOHAs with comm.) due to the species’ secretive in a trap set for the Louisiana pinesnake suitable or preferable soils is generally nature, semi-fossorial habits, and was observed to have recently unsuitable habitat because of the current current rarity. consumed another snake (Gregory 2015, vegetation structure. Previously in Texas, TPWD has pers. comm.). Although the threat of habitat loss has allowed captured Louisiana pinesnakes Pinesnakes also suffer from attacks by been reduced in much of the Louisiana to be removed from the wild by domesticated mammals, including dogs pinesnake’s occupied habitat overall, permitted scientific researchers to help and cats (Ernst and Ernst 2003, p. 284). the likely most abundant population has supplement the low representation of Lyman et al. (2007, p. 39) reported an relatively little beneficially managed snakes from Texas populations in the attack on a black pinesnake by a stray land, and none of the populations has AZA-managed captive breeding domestic dog, which resulted in the program. Currently, LDWF does not yet shown a definitive response to forest snake’s death. permit the removal from the wild of any Invasive feral hogs are known to management conservation activities. wild-caught Louisiana pinesnakes to inhabit some Louisiana pinesnake Factor B: Overutilization for add founders to the AZA-managed EOHAs (Gregory 2016, pers. comm.), Commercial, Recreational, Scientific, or captive-breeding program. including the Catahoula Reintroduction Educational Purposes Although concern has been expressed Feasibility EOHA (Nolde 2016, pers. that Federal listing may increase the comm.), and are known to prey upon Ongoing take of Louisiana pinesnakes demand for wild-caught animals vertebrate animals, including snakes in Louisiana for commercial, (McNabb 2014, in litt.), based on the (Wood and Roark 1980, p. 508). They recreational, scientific, or educational best available information, we have no will also consume eggs of ground- purposes has not been previously evidence that overutilization for nesting (Henry 1969, p. 170; considered a threat (Boundy 2008, pers. commercial, recreational, scientific, or Timmons et al. 2011, pp. 1–2) and comm.). Removal from wild populations educational purposes is currently a (Elsey et al. 2012, pp. 210–213); for scientific purposes is not expected to threat to the Louisiana pinesnake. however, there is no direct evidence increase significantly in the future. Any that feral hogs prey on Louisiana Factor C: Disease or Predation potential overutilization would be pinesnakes or their eggs. Therefore, at almost exclusively to meet the demand Like many other animals, the this time, feral hogs are not known to be from recreational snake enthusiasts. Louisiana pinesnake is potentially a threat to the Louisiana pinesnake. The According to a 2009 report of the United impacted by native and introduced Service and USFS are currently engaged Nations Environment Program—World predators. in feral hog population control Conservation Monitoring Centre Known natural wild predators of throughout Louisiana and Texas. (UNEP—WCMC 2009, p. 17), captive- pinesnakes (Pituophis) include Red imported fire ants (Solenopsis bred Louisiana pinesnakes were mammals such as shrews, hawks, invicta), an invasive species, have been advertised for sale on four German Web raccoons, skunks, and red foxes (Ernst implicated in trap mortalities of black sites, and two U.S. breeders were listed and Ernst 2003, p. 284; Yager et al. pinesnakes during field studies (Baxley on another Web site. However, current 2006, p. 34). All of these species are 2007, p. 17). Red imported fire ants also levels of Louisiana pinesnake collection common in the range of the Louisiana occur in areas occupied by Louisiana to support the commercial captive-bred pinesnake. Several of these mammalian pinesnakes and are potential predators snake market have not been quantified. predators may be anthropogenically of Louisiana pinesnake eggs and Reichling (2008, pers. comm.) and enhanced; that is, their numbers often hatchlings (Parris et al. 2002, p. 514; Vandeventer (2016, pers. comm.) stated increase with human development Beane 2014, p. 142); they have also been that there appears to be very little adjacent to natural areas (Fischer et al. documented predating snake eggs under demand for this species by private 2012, pp. 810–811). Birds, especially experimental conditions (Diffie et al. collectors; however, there are at least a hawks, are also known to prey on 2010, p. 294). few Louisiana pinesnake breeders, and pinesnakes (Ernst and Ernst 2003, p. While there are no documented the snakes were still featured in 284; Yager et al. 2006, p. 34). In one occurrences of successful predation advertisements recently for several Louisiana pinesnake occurrence record, (excessive or otherwise) specifically on hundred dollars for one adult the snake was described as being ‘‘in Louisiana pinesnakes, predation on (Castellanos 2016, pers. obs.). combat with hawk,’’ presumably a pinesnakes has been documented Given the restricted distribution, predation attempt by the (Young (Burger et al. 1992, entire; Baxley 2007, presumed low population sizes, and low and Vandeventer 1988, p. 204; Pierce p. 17; Ernst and Ernst 2003, p. 284; reproductive potential of Louisiana 2015, unpub. data). Some snake species Ernst and Ernst 2003, p. 284; Yager et pinesnakes, even moderate collecting prey on other snakes, including al. 2006, p. 34). Even with the pressure would negatively affect extant pinesnakes. The scarlet snake assumption that the Louisiana populations of this species. Webb et al. (Cemophora coccinea) has been pinesnake is currently subject only to (2002, p. 64) concluded that, in long- documented to prey on northern natural, historical types and rates of lived snake species exhibiting low pinesnake eggs (Burger et al. 1992, p. predation without additional pressure fecundity, the sustained removal of 260). This species is found within the from invasive predators (e.g., feral hogs,

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS 69470 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

red imported fire ants), the synergistic Habitat Destruction, Modification, or valuable genetic resources resulting effect of that predation, together with Curtailment of Its Range,’’ above). The from genetic isolation with subsequent other known sources of unnatural Service has never been informed of any genetic drift, decreases in mortality on the currently reduced size difficulties in the implementation or heterozygosity, and potentially of remaining Louisiana pinesnake enforcement of the existing regulatory inbreeding depression (Lacy 1987, p. populations, constitutes a threat to the mechanisms that protect Louisiana 147). Kwiatkowski et al. (2014, pp. 15– species. pinesnakes by TPWD, LDWF, or Federal 18) found that the wild populations of Snake fungal disease (SFD) is an land managers, and no occurrences of the Louisiana pinesnake had lower emerging disease in certain populations noncompliance, including killing of heterozygosity and higher inbreeding of wild snakes. It has been linked to snakes, have been reported to us (see than what is expected from a randomly mortality events for other species, Factor E discussion, below). breeding population. Low genetic including one juvenile broad-banded Its habitat requirements being similar diversity in small, isolated populations watersnake (Nerodia fasciata confluens to that of the red-cockaded woodpecker, has been associated with negative [Blanchard]) in Louisiana (Glorioso et the Louisiana pinesnake receives effects on reproduction in snakes al. 2016, p. N5). The causative fungus indirect protection of its habitat via the (Madsen 1996, p. 116). Recovery of a (Ophidiomyces ophiodiicola) (Lorch et protections of the Act provided for the Louisiana pinesnake population from al. 2015, p. 5; Allender et al. 2015, p. endangered red-cockaded woodpecker, the existing individuals within the 6) and evidence of disease have been where it co-occurs with the red- population following a decline is also documented in one Louisiana cockaded woodpecker on Federal lands. uncertain because of the species’ low pinesnake. Symptoms of SFD (e.g., skin These existing regulatory mechanisms reproductive rate (smallest clutch size lesions) were found on one Louisiana provide no protection from the threat of [three to five] of any North American pinesnake; scale clippings from the Louisiana pinesnake habitat loss and colubrid snake) (Reichling 1990, p. 221). snake were analyzed and the causative degradation on privately owned lands, Additionally, it is extremely unlikely fungus was positively identified (Lorch including those which contain the that habitat corridors linking extant et al., in press). However, while SFD is Bienville and Scrappin’ Valley populations will be secured and suspected of threatening small, isolated populations of the Louisiana pinesnake. restored; therefore, the loss of any extant populations of susceptible snake Private landowners within some population will be permanent without species, we currently have no evidence occupied habitat of the Scrappin’ Valley future reintroduction and successful that SFD is negatively affecting population have voluntarily committed recruitment of captive-bred individuals. Louisiana pinesnake individuals or to agreements with the Service to populations. We know of no other manage those areas with prescribed Roads surrounding and traversing the diseases that are affecting the species, burning and to promote the longleaf remaining Louisiana pinesnake habitat and, therefore, at this time, disease is pine ecosystem for 10 years. pose a direct threat to the species. not considered a threat to the Louisiana In summary, although existing Population viability analyses have pinesnake. regulatory mechanisms appear to be shown that extinction probabilities for adequate to prohibit direct harm to some snake species may increase due to Factor D: The Inadequacy of Existing individual Louisiana pinesnakes across road mortality (Row et al. 2007, p. 117). Regulatory Mechanisms their entire range, and offer some In an assessment of data from radio- In Texas, the Louisiana pinesnake is protection to habitat on publicly owned tracked eastern indigo snakes listed as State threatened, and land, they offer no protection to the (Drymarchon corais couperi), it was prohibited from unauthorized collection already degraded, fragmented, and found that adult snakes have relatively (31 Texas Administrative Code [TAC] declining habitat that exists on private high survival in conservation core areas, sections 65.171–176). As of February lands. but greatly reduced survival in edges of 2013, unpermitted killing or removal of these areas along highways and in native species of reptiles from the wild Factor E: Other Natural or Manmade suburbs (Breininger et al. 2012, p. 361). is prohibited in Louisiana (Louisiana Factors Affecting Its Continued In a Texas snake study, an observed Administrative Code, title 76, part XV, Existence deficit of snake captures in traps near Reptiles and , chapter 1, The historical loss, degradation, and roads suggests that a substantial section 101.J.3(f)). Collection or fragmentation of the longleaf pine proportion of the total number of snakes harassment of Louisiana pinesnake is ecosystem across the entire historical may have been eliminated due to road- also specifically prohibited on USFS range of the Louisiana pinesnake have related mortality (Rudolph et al. 1999, properties in Louisiana (USDA Forest resulted in six natural extant Louisiana p. 130). That study found that Service 2002, p. 1). The capture, pinesnake populations that are isolated populations of large snakes may be removal, or killing of non-game wildlife and small. Habitat fragmentation and depressed by 50 percent or more due to from Fort Polk and Peason Ridge (DOD degradation on lands in between extant proximity to roads, and measurable land) is prohibited without a special populations (Rudolph et al. 2006, p. impacts may extend up to permit (U.S. Department of the Army 470) have likely reduced the potential approximately 0.5 mi (850 m) from 2008, p. 6; U.S. Department of the Army for successful dispersal among remnant roads. During a radio-telemetry study in 2013, p. 51). USFS’s land and resource populations, as well as the potential for Louisiana and Texas, 3 of the 15 (20 management plans (KNF, ANF), the natural recolonization of vacant or percent) Louisiana pinesnake deaths Army’s integrated natural resources extirpated habitat patches. documented could be attributed to management plans (INRMPs) (Fort Polk Small, isolated populations resulting vehicle mortality (Himes et al. 2002, p. Main Post and Peason Ridge), and the from habitat fragmentation are 686). Approximately 16 percent (37 of Louisiana pinesnake CCA all require vulnerable to the threats of decreased 235) of all documented Louisiana habitat management that is beneficial to demographic viability, increased pinesnake occurrences were on roads, the Louisiana pinesnake for the susceptibility of extirpation from and about half of those were dead Kisatchie NF, Angelina NF, Fort Polk/ stochastic environmental factors (e.g., individuals (Pierce 2015, unpub. data). Vernon, and Peason Ridge populations extreme weather events, epidemic During Duran’s (1998, pp. 6, 34) study (see ‘‘Conservation Efforts to Reduce disease), and the potential loss of on Camp Shelby, Mississippi, 17

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules 69471

percent of the black pinesnakes with have negative impacts on other Louisiana pinesnake might adapt to transmitters were killed while terrestrial snake species of all sizes and those potential environmental stressors. attempting to cross a road. In a larger thus poses a potential threat to the Effects of native phytophagous (plant- study currently being conducted on Louisiana pinesnake when used in its eating) insect species on Louisiana Camp Shelby, 14 (38 percent) of the 37 habitat. pinesnake habitat may increase due to pinesnakes found on the road between Exotic plant species degrade habitat the effects of climate change. In a study 2004 to 2012 were found dead, and for wildlife, and in the Southeast, that modeled the effects of the southern these 14 individuals represent about 13 longleaf pine forest associations are pine beetle (Dendroctonus frontalis) percent of all the pinesnakes found on susceptible to invasion by the exotic related to environmental variables, Camp Shelby during that 8-year span cogongrass (Imperata cylindrica). That southern pine beetle outbreak risk and (Lyman et al. 2012, p. 42). In Louisiana plant species may rapidly encroach into subsequent damage to southern pine and Texas, areas with relatively large areas undergoing habitat restoration, forests were substantially increased areas of protected suitable habitat and and is very difficult to eradicate once it when considered for four separate controlled access such as Fort Polk, has become established, requiring climate change scenarios (Gan 2004, p. KNF, and ANF, have several roads aggressive control with herbicides 68). In the openings left in the beetle- located within Louisiana pinesnake (Yager et al. 2010, pp. 229–230). damaged pine forests, hardwoods may occupied habitat, and there have been a Cogongrass displaces native grasses, become the canopy dominants, and total of eight known mortalities due to greatly reducing foraging areas for some invasive vegetation may be more likely vehicles in those areas (Pierce 2015, animals, and forms thick mats that to colonize (Waldrop 2010, p. 4; unpub. data). restrict movement of ground-dwelling Coleman et al. 2008, pp. 1409–1410), In addition, Dodd et al. (2004, p. 619) wildlife; it also burns at high both of which can decrease the amount determined that roads fragment habitat temperatures that can kill or injure of herbaceous vegetation that the for wildlife. Clark et al. (2010, pp. 1059– native seedlings and mature trees Louisiana pinesnake’s primary prey 1069) studied the impacts of roads on (DeBerry and Pashley 2008, p. 74; (Baird’s pocket gopher) depends upon population structure and connectivity in Alabama Cooperative Extension System for food. timber rattlesnakes (Crotalus horridus). 2005, p. 1). Its value as forage for pocket The Service considers the effects of They found that roads interrupted gophers is not known. Currently, increased temperatures, decreased dispersal and negatively affected genetic cogongrass is limited to only a few precipitation, and increased insect diversity and gene flow among locations in Louisiana and Texas, and is impacts on the Louisiana pinesnake and populations of this large snake, and was not considered a threat to the Louisiana its habitat due to climate change to be likely due to mortality and avoidance of pinesnake. However, cogongrass has a potential threat in the future; however, roads (Clark et al. 2010, pp. 1059, 1067). significantly invaded States to the east because of the uncertainty of the rate, Malicious killing of snakes by humans of Louisiana, such as Alabama and scale, and location of impacts due to is a significant issue in snake Mississippi (Alabama Cooperative climate effects, climate change is not conservation because snakes arouse fear Extension System 2005, p. 1–4; USDA currently considered a threat to the and resentment from the general public NRCS Plant Database 2016, p. 2), where species. (Bonnet et al. 1999, p. 40). Intentional it occurs in pine forests on Camp Shelby Conservation Efforts To Reduce Threats killing of black pinesnakes by humans (Yager et al. 2005, p. 23) potentially Under Factor E has been documented (Duran 1998, p. impacting the habitat of black 34; Lyman et al. 2008, p. 34). The pinesnakes found there. Efforts to reduce Factor E threats intentional killing of Louisiana The effects of climate change are would have to address increasing the pinesnakes by humans is not unlikely, predicted to have profound impacts on resiliency of individual populations by but because of the species’ relatively humans and wildlife in nearly every increasing abundance and decreasing low abundance and secretive nature, it part of the world (International Panel on mortality, or preferably both. Currently, likely happens very infrequently and, Climate Change [IPCC] 2014, p. 6). One there are ongoing efforts to reduce at therefore, is not considered a threat at downscaled projection for future least some types of mortality and to this time. precipitation change within the study the potential of increasing the On many construction project sites, historical range of the Louisiana number of wild Louisiana pinesnakes erosion control blankets are used to pinesnake varies between increasing via introduction of captive-bred lessen impacts from weathering, secure and decreasing, but the average change individuals. newly modified surfaces, and maintain is between 0.1 in (0.254 cm) drier and As discussed above under Population water quality and ecosystem health. 1.1 in (2.8 cm) drier from 2020 to 2039 Estimates and Status, efforts to However, the commonly used (Pinemap 2016, entire). Precipitation is reintroduce Louisiana pinesnakes have polypropylene mesh netting (also often projected to decrease even more for the been conducted only at the KNF utilized for bird exclusion) has been 20 years following 2039. Additionally, Catahoula District site, where the documented as being an entanglement the average summer temperature in the Louisiana pinesnake is not known to hazard for many snake species, causing species’ historical range is expected to have historically occurred. So far, there lacerations and sometimes mortality increase by 2.7–3.5 degrees Fahrenheit have been no attempts to augment (Stuart et al. 2001, pp. 162–163; Barton (Pinemap 2016, entire). Increasing existing populations of Louisiana and Kinkead 2005, p. 34A; Kapfer and temperature and decreasing pinesnakes with captive-bred Paloski 2011, p. 1; Zappalorti 2016, p. precipitation could potentially affect the individuals. Reintroduction, with 19). This netting often takes years to pine forest habitat of the Louisiana improved success, done in multiple decompose, creating a long-term hazard pinesnake due to drought stress on populations where appropriate habitat to snakes, even when the material has trees, and the snake itself may be is available, has the potential to been discarded (Stuart et al. 2001, p. susceptible to injury from higher eventually increase the number of 163). Although no known instance of temperatures or from decreased water individuals and populations, increase injury or death from this netting has availability. However, the Service is not genetic heterozygosity, and alleviate been documented for Louisiana aware of any information that would presumed inbreeding depression in the pinesnakes, it has been demonstrated to substantiate those effects or how the populations, making them more

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS 69472 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

resistant to threats described for Factor existence since 2003, have been (see Catahoula Reintroduction E. extensive and successful in restoring Feasibility EOHA, p. 32). As outlined in the CCA, the U.S. suitable Louisiana pinesnake habitat. Since completion of the CCA in 2003, Army has committed to avoiding use However, the lack of a definitive beneficial forest management activities erosion control blankets, and USFS is positive response by the species’ conducted by USFS and the U.S. Army committed to trying to locate ATV populations indicates that habitat have been formally dedicated to routes outside of the boundaries of restoration may take much longer than conservation of the Louisiana Louisiana pinesnake occupied habitat. expected to increase snake abundance, pinesnake. Extensive habitat restoration Additionally, some improved roads on especially when they are subjected to efforts have occurred on USFS and U.S. National Forests are also closed to the negative effects associated with small Army lands where the species occurs, public during certain times of the year populations of animals (i.e., reduced and those populations are no longer (e.g., September to February at ANF heterozygosity, inbreeding depression) threatened by continuing habitat loss. [U.S. Forest Service 2015, entire]), and mortality pressure from vehicles The resulting increases in snake which should reduce the number of and predators. abundance may not be reflected in pinesnakes potentially killed by vehicle A captive-breeding population of captures by traps currently in operation traffic during those times. Louisiana pinesnakes is also being because some newly-created suitable In summary, a variety of natural or maintained across 18 AZA accredited habitat may be in areas farther from manmade factors, alone and in institutions and 2 non-AZA partner current trap locations. While it is combination with other factors, institutions. This captive population, difficult to show an increase in currently threaten the Louisiana established in 1984, has been managed population size with a species that is so pinesnake. Fire suppression has been under an AZA Species Survival Plan difficult to detect, it is reasonable to considered a primary reason for (SSP) since 2000. As of March 2016, this assume that these populations will continuing degradation of the pine captive-breeding population consists of benefit from improved habitat forests in Louisiana and Texas. Roads 111 individuals (51 males, 53 females, management over time. and rights-of-way, and fragmented and 7 unsexed). Since 2010, this The Louisiana pinesnake captive- habitat, isolate populations beyond the population has provided 77 captive- breeding population provides some dispersal range of the species. Mortality bred Louisiana pinesnakes for release capability for population augmentation caused by vehicle strikes is a threat into the wild at the Catahoula Ranger or re-establishing populations in areas because there are many roads bisecting District of the KNF. This reintroduction with suitable habitat through the SSP. Louisiana pinesnake habitat, and the feasibility effort has shown that at least The goals of the SSP are to: Maintain an remaining populations appear to be one of the 77 captive-bred Louisiana assurance colony for wild Louisiana small and declining. The species’ small pinesnakes has survived for at least 4 pinesnake populations, preserve or clutch size may limit its ability to years after release in optimal habitat. increase genetic heterozygosity into the effectively counteract mortality. Other The Act defines an endangered future, preserve representative genetic potential threats to Louisiana species as any species that is ‘‘in danger integrity of wild populations, and pinesnakes include SFD, erosion control of extinction throughout all or a provide individuals as needed for blankets, insect and invasive vegetation significant portion of its range’’ and a research and repopulation for the effects on habitat, and malicious killing threatened species as any species ‘‘that conservation of wild populations. While by humans. Overall, the threats under is likely to become endangered reintroduction as a conservation tool is Factor E may act together and in throughout all or a significant portion of not universally accepted as effective for combination with threats listed above its range within the foreseeable future.’’ all animals, and the results of current under Factors A through D and increase We find that the Louisiana pinesnake reintroduction pilot efforts remain their severity. meets the definition of a threatened uncertain, the number (77) of captive- species based on the severity and bred Louisiana pinesnakes released into Proposed Determination immediacy of threats currently the wild since 2010 demonstrates that We have carefully assessed the best impacting all populations of the species captive-propagation efforts are scientific and commercial information throughout all of its range. The species’ successful, and provides the available regarding the past, present, overall range has been significantly opportunity for reintroduction/ and future threats to the Louisiana reduced, populations have apparently augmentation to benefit the pinesnake. Threats to the six known been extirpated, and the remaining conservation of the species. remaining Louisiana pinesnake habitat (on private lands) and The Louisiana pinesnake is likely to populations exist primarily from: (1) populations are threatened by factors become endangered in the foreseeable Historical and continuing habitat loss acting in combination to reduce the future because the remaining and fragmentation (Factor A) primarily overall viability of the species. populations are small, isolated, subject through land-use changes or We find that the Louisiana pinesnake to ongoing natural and unnatural degradation caused by fire suppression; does not meet the definition of an mortality pressure, and to date have not and (2) synergistic effects from mortality endangered species due to the existence shown a definitive positive response to caused by vehicle strikes and by of multiple populations within the habitat restoration. The species predators acting on vulnerable, reduced species’ range; the extensive habitat currently has almost no potential for populations (Factor E and Factor C). restoration and management efforts to natural recolonization between Portions of habitat occupied by two benefit the species ongoing within populations, and multiple significantly Louisiana pinesnake populations on occupied areas currently being managed affected populations may be unable to private land are currently being by the USFS and U.S. Army, as well as recover even with the restoration of managed beneficially for the species similar efforts ongoing (albeit generally appropriate habitat. Half (three) of the (some through formal agreements with smaller and to a lesser extent) within known natural extant populations (i.e., the Service), and conservation efforts on occupied areas currently being managed Kisatchie, Scrappin’ Valley, and Federal lands, such as KNF and ANF, on private lands; and reintroduction of Angelina EOHAs) have had no captures and U.S. Army lands at Fort Polk and captive-bred animals into the wild, in several years and it is likely that they Peason Ridge through a CCA in which has shown some limited success will be considered extirpated in 7 years

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules 69473

or less based on our population managed to provide more suitable entities; and (4) preventing inadvertent determination criteria, unless habitat for the species. The two largest harm to the species. Accordingly, occurrences are documented in those populations also have had relatively because we have determined that the areas before then. consistent numbers of detections of designation of critical habitat will not Future conservation of the two extant individuals in the last 12 years. Captive- likely increase the degree of threat to the populations on private lands, which can propagation efforts have been species and may provide some measure change ownership and management demonstrated to be successful, and of benefit, we determine that practice, is uncertain. Portions of the while still unproven at this point, designation of critical habitat is prudent occupied habitat on these private lands reintroduction pilot efforts provide the for the Louisiana pinesnake. are being managed beneficially for opportunity for efforts to re-establish Having determined that designation is Louisiana pinesnake, but there is no new populations or augment existing prudent, under section 4(a)(3) of the Act permanent commitment from the populations to benefit the conservation we must find whether critical habitat for current landowners to continue such of the species. the species is determinable. Our efforts; the other portions with suitable regulations at 50 CFR 424.12(a)(2) state or preferable soils are generally Critical Habitat that critical habitat is not determinable unsuitable habitat because of the current Section 3(5)(A) of the Act defines when one or both of the following vegetation structure. The Scrappin’ critical habitat as: (i) The specific areas situations exist: (i) Information Valley population is at risk of being within the geographical area occupied sufficient to perform required analyses considered extirpated, as discussed by the species, at the time it is listed on of the impacts of the designation is immediately above. The Bienville which are found those physical or lacking, or (ii) the biological needs of population is one of the two largest biological features (I) essential to the the species are not sufficiently well populations; should the ownership of conservation of the species and (II) known to permit identification of an those lands change or the commitment which may require special management area as critical habitat. to current habitat management efforts on considerations or protection; and (ii) As discussed above, we have lands supporting the population cease, specific areas outside the geographical reviewed the available information it is likely that this large population area occupied by the species at the time pertaining to the biological needs of the would decline and could become it is listed upon a determination by the species and habitat characteristics extirpated within the foreseeable future. Secretary that such areas are essential where this species is located. On the for the conservation of the species. basis of a review of available Significant Portion of the Range Section 4(a)(3) of the Act and information, we find that critical habitat Under the Act and our implementing implementing regulations (50 CFR for Louisiana pinesnake is not regulations, a species may warrant 424.12) require that we designate determinable because the specific listing if it is endangered or threatened critical habitat at the time a species is information sufficient to perform the throughout all or a significant portion of determined to be an endangered or required analysis of the impacts of the its range. Because we have determined threatened species, to the maximum designation is currently lacking, such as that the Louisiana pinesnake is extent prudent and determinable. Our information on areas to be proposed for threatened throughout all of its range, regulations (50 CFR 424.12(a)(1)) state designation and the potential economic no portion of its range can be that designation of critical habitat is not impacts associated with designation of ‘‘significant’’ for purposes of the prudent when one or both of the these areas. We are in the process of definitions of ‘‘endangered species’’ and following situations exist: (1) The obtaining this information. We will ‘‘threatened species.’’ See the Final species is threatened by taking or other make a determination on critical habitat Policy on Interpretation of the Phrase activity and the identification of critical no later than 1 year following any final ‘‘Significant Portion of Its Range’’ in the habitat can be expected to increase the listing determination. Endangered Species Act’s Definitions of degree of threat to the species; or (2) ‘‘Endangered Species’’ and ‘‘Threatened such designation of critical habitat Available Conservation Measures Species’’ (79 FR 37578; July 1, 2014). would not be beneficial to the species. Conservation measures provided to As discussed above (see Factor B species listed as endangered or Conclusion discussion), there is currently no threatened species under the Act Therefore, on the basis of the best imminent threat of take attributed to include recognition, recovery actions, available scientific and commercial collection or vandalism for this species, requirements for Federal protection, and information, we propose to list the and identification and mapping of prohibitions against certain practices. Louisiana pinesnake as threatened in critical habitat is not expected to initiate Recognition through listing results in accordance with sections 3(20) and any such threat. In the absence of public awareness, and conservation by 4(a)(1) of the Act. The six known extant finding that the designation of critical Federal, State, Tribal, and local populations are all relatively small, and habitat would increase threats to a agencies; private organizations; and all are subject to one or more of the species, if there are any benefits to a individuals. The Act encourages continuing threats discussed above, critical habitat designation, a finding cooperation with the States and other making them all vulnerable to that designation is prudent is warranted. countries and calls for recovery actions extirpation. We find that an endangered Here, the potential benefits of to be carried out for listed species. The species status is not appropriate for the designation include: (1) Triggering protection required by Federal agencies Louisiana pinesnake because while we consultation under section 7 of the Act, and the prohibitions against certain find the threats to the species to be in new areas for action in which there activities are discussed, in part, below. significant, ongoing, and occurring may be a Federal nexus where it would The primary purpose of the Act is the mostly range-wide, multiple not otherwise occur because, for conservation of endangered and populations continue to occur within example, it is unoccupied; (2) focusing threatened species and the ecosystems the species’ range, and all of the conservation activities on the most upon which they depend. The ultimate populations’ occupied habitat or essential features and areas; (3) goal of such conservation efforts is the portions of it (including two of the providing educational benefits to State recovery of these listed species, so that largest populations) are currently being or county governments or private they no longer need the protective

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS 69474 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

measures of the Act. Subsection 4(f) of programs, and cost share grants for non- to attempt any of these) threatened the Act calls for the Service to develop Federal landowners, the academic wildlife within the United States or on and implement recovery plans for the community, and nongovernmental the high seas. In addition, it is unlawful conservation of endangered and organizations. In addition, pursuant to to import; export; deliver, receive, carry, threatened species. The recovery section 6 of the Act, the States of transport, or ship in interstate or foreign planning process involves the Louisiana and Texas would be eligible commerce in the course of commercial identification of actions that are for Federal funds to implement activity; or sell or offer for sale in necessary to halt or reverse the species’ management actions that promote the interstate or foreign commerce any decline by addressing the threats to its protection or recovery of the Louisiana listed species. It is also illegal to survival and recovery. The goal of this pinesnake. Information on our grant possess, sell, deliver, carry, transport, or process is to restore listed species to a programs that are available to aid ship any such wildlife that has been point where they are secure, self- species recovery can be found at: http:// taken illegally. Certain exceptions apply sustaining, and functioning components www.fws.gov/grants. to employees of the Service, the of their ecosystems. Although the Louisiana pinesnake is National Marine Fisheries Service, other Recovery planning includes the only proposed for listing under the Act Federal land management agencies, and development of a recovery outline at this time, please let us know if you State conservation agencies. shortly after a species is listed and are interested in participating in We may issue permits to carry out preparation of a draft and final recovery conservation efforts for this species. otherwise prohibited activities plan. The recovery outline guides the Additionally, we invite you to submit involving threatened wildlife under immediate implementation of urgent any new information on this species certain circumstances. Regulations recovery actions and describes the whenever it becomes available and any governing permits are codified at 50 process to be used to develop a recovery information you may have for recovery CFR 17.32. With regard to threatened plan. Revisions of the plan may be done planning purposes (see FOR FURTHER wildlife, a permit may be issued for the to address continuing or new threats to INFORMATION CONTACT). following purposes: For scientific the species, as new substantive Section 7(a) of the Act requires purposes, to enhance the propagation or information becomes available. The Federal agencies to evaluate their survival of the species, for economic recovery plan also identifies recovery actions with respect to any species that hardship, for zoological exhibition, and criteria for review of when a species is proposed or listed as an endangered for incidental take in connection with may be ready for downlisting or or threatened species and with respect otherwise lawful activities. There are delisting, and methods for monitoring to its critical habitat, if any is also certain statutory exemptions from recovery progress. Recovery plans also designated. Regulations implementing the prohibitions, which are found in establish a framework for agencies to this interagency cooperation provision sections 9 and 10 of the Act. coordinate their recovery efforts and of the Act are codified at 50 CFR part It is our policy, as published in the provide estimates of the cost of 402. Section 7(a)(4) of the Act requires Federal Register on July 1, 1994 (59 FR implementing recovery tasks. Recovery Federal agencies to confer with the 34272), to identify, to the maximum teams (composed of species experts, Service on any action that is likely to extent practicable at the time a species Federal and State agencies, jeopardize the continued existence of a is listed, those activities that would or nongovernmental organizations, and species proposed for listing or result in would not constitute a violation of stakeholders) are often established to destruction or adverse modification of section 9 of the Act. The intent of this develop recovery plans. If the species is proposed critical habitat. If a species is policy is to increase public awareness of listed, the recovery outline, draft listed subsequently, section 7(a)(2) of the effect of a proposed listing on recovery plan, and the final recovery the Act requires Federal agencies to proposed and ongoing activities within plan would be available on our Web site ensure that activities they authorize, the range of the species proposed for (http://www.fws.gov/endangered), or fund, or carry out are not likely to listing. Based on the best available from our Louisiana Ecological Services jeopardize the continued existence of information, the following activities Office (see FOR FURTHER INFORMATION the species or destroy or adversely may potentially result in a violation of CONTACT). modify its critical habitat. If a Federal section 9 of the Act; this list is not Implementation of recovery actions action may affect a listed species or its comprehensive: generally requires the participation of a critical habitat, the responsible Federal (1) Unauthorized collecting, handling, broad range of partners, including other agency must enter into consultation possessing, selling, delivering, carrying, Federal agencies, States, Tribes, with the Service. or transporting of the Louisiana nongovernmental organizations, Federal agency actions within the pinesnake, including interstate businesses, and private landowners. species’ habitat that may require transportation across State lines and Examples of recovery actions include conference or consultation or both as import or export across international habitat restoration (e.g., restoration of described in the preceding paragraph boundaries, except for properly native vegetation), research, captive include management and any other documented antique specimens of these propagation and reintroduction, and landscape-altering activities on Federal taxa at least 100 years old, as defined by outreach and education. The recovery of lands administered by the U.S. Forest section 10(h)(1) of the Act. many listed species cannot be Service and the Department of Defense. (2) Introduction of nonnative accomplished solely on Federal lands The Act and its implementing species that compete with or prey upon because their ranges may occur regulations set forth a series of general the Louisiana pinesnake. primarily or solely on non-Federal prohibitions and exceptions that apply (3) Introduction of invasive plant lands. To achieve recovery of these to threatened wildlife. The prohibitions species that contribute to the species requires cooperative of section 9(a)(1) of the Act, codified at degradation of the natural habitat of the conservation efforts on private, State, 50 CFR 17.31, make it illegal for any Louisiana pinesnake. and Tribal lands. If this species is listed, person subject to the jurisdiction of the (4) Unauthorized destruction or funding for recovery actions will be United States to take (which includes modification of suitable occupied available from a variety of sources, harass, harm, pursue, hunt, shoot, Louisiana pinesnake habitat that results including Federal budgets, State wound, kill, trap, capture, or collect; or in long-term damage to or alteration of

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules 69475

desirable herbaceous vegetation or the (4) Be divided into short sections and Authors destruction of Baird’s pocket gopher sentences; and burrow systems used as refugia by the (5) Use lists and tables wherever The primary authors of this proposed Louisiana pinesnake, or that impairs in possible. rule are the staff members of the other ways the species’ essential If you feel that we have not met these Louisiana Ecological Services Office. behaviors such as breeding, feeding, or requirements, send us comments by one List of Subjects in 50 CFR Part 17 sheltering. of the methods listed in ADDRESSES. To (5) Unauthorized use of insecticides better help us revise the rule, your Endangered and threatened species, and rodenticides that could impact comments should be as specific as Exports, Imports, Reporting and small mammal prey populations, possible. For example, you should tell recordkeeping requirements, through either unintended or direct us the numbers of the sections or Transportation. paragraphs that are unclearly written, impacts within habitat occupied by Proposed Regulation Promulgation Louisiana pinesnakes. which sections or sentences are too (6) Unauthorized actions that would long, the sections where you feel lists or Accordingly, we propose to amend result in the destruction of eggs or cause tables would be useful, etc. part 17, subchapter B of chapter I, title mortality or injury to hatchling, National Environmental Policy Act (42 50 of the Code of Federal Regulations, juvenile, or adult Louisiana pinesnakes. U.S.C. 4321 et seq.) as set forth below: Questions regarding whether specific activities would constitute a violation of We have determined that PART 17—ENDANGERED AND section 9 of the Act should be directed environmental assessments and THREATENED WILDLIFE AND PLANTS to the Louisiana Ecological Services environmental impact statements, as defined under the authority of the ■ Office (see FOR FURTHER INFORMATION 1. The authority citation for part 17 National Environmental Policy Act, CONTACT). continues to read as follows: need not be prepared in connection Authority: 16 U.S.C. 1361–1407; 1531– Required Determinations with listing a species as an endangered 1544; and 4201–4245, unless otherwise or threatened species under the Clarity of the Rule noted. Endangered Species Act. We published We are required by Executive Orders a notice outlining our reasons for this ■ 2. Amend § 17.11 paragraph (h) by 12866 and 12988 and by the determination in the Federal Register adding an entry for ‘‘Pinesnake, Presidential Memorandum of June 1, on October 25, 1983 (48 FR 49244). Louisiana’’ to the List of Endangered 1998, to write all rules in plain and Threatened Wildlife in alphabetical language. This means that each rule we References Cited order under REPTILES to read as publish must: A complete list of references cited in follows: (1) Be logically organized; this rulemaking is available on the (2) Use the active voice to address Internet at http://www.regulations.gov § 17.11 Endangered and threatened readers directly; and upon request from the Louisiana wildlife. (3) Use clear language rather than Ecological Services Office (see FOR * * * * * jargon; FURTHER INFORMATION CONTACT). (h) * * *

Listing citations and applicable Common name Scientific name Where listed Status rules

******* REPTILES

******* Pinesnake, Louisiana ...... Pituophis ruthveni ...... Wherever found ...... T [Federal Register citation of the final rule]

*******

Dated: September 26, 2016. DEPARTMENT OF THE INTERIOR SUMMARY: We, the U.S. Fish and Stephen Guertin, Wildlife Service (Service), propose to Acting Director, U.S. Fish and Wildlife Fish and Wildlife Service designate critical habitat for the Black Service. Warrior waterdog (Necturus 50 CFR Part 17 [FR Doc. 2016–24113 Filed 10–5–16; 8:45 am] alabamensis) under the Endangered Species Act (Act). In total, BILLING CODE 4333–15–P [Docket No. FWS–R4–ES–2016–0031; 4500030113] approximately 1,073 river kilometers (669 river miles) in Blount, Cullman, RIN 1018–BA79 Etowah, Fayette, Jefferson, Lawrence, Marshall, Tuscaloosa, Walker, and Endangered and Threatened Wildlife Winston Counties, Alabama, fall within and Plants; Designation of Critical the boundaries of the proposed critical Habitat for the Black Warrior Waterdog habitat designation. We also announce AGENCY: Fish and Wildlife Service, the availability of a draft economic Interior. analysis (DEA) of the proposed critical habitat designation. Elsewhere in this ACTION: Proposed rule. issue of the Federal Register, we

VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS