Tuesday, September 28, 2010 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination for the Gunnison Sage-grouse as a Threatened or Endangered Species; Proposed Rule VerDate Mar<15>2010 15:24 Sep 27, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\28SEP2.SGM 28SEP2 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS2 59804 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Proposed Rules DEPARTMENT OF THE INTERIOR Information Relay Service (FIRS) at 2339, D. D.C.). Therefore, we did not 800–877–8339. need to respond to the petition. Fish and Wildlife Service SUPPLEMENTARY INFORMATION: In the 2003 CNOR, we elevated the listing priority number for Gunnison 50 CFR Part 17 Background sage-grouse from 5 to 2 (69 FR 24876; Section 4(b)(3)(A) of the Act (16 May 4, 2004), as the imminence of the [DOCKET NO. FWS-R6-ES-2009-0080] U.S.C. 1531 et seq.) requires that, for threats had increased. In the subsequent MO 92210-0-0008 any petition to revise the Federal Lists CNOR (70 FR 24870; May 11, 2005), we of Threatened and Endangered Wildlife maintained the listing priority number Endangered and Threatened Wildlife and Plants that contains substantial for Gunnison sage-grouse as a 2. A and Plants; Determination for the scientific or commercial information listing priority number of 2 is assigned Gunnison Sage-grouse as a that listing a species may be warranted, to species with high magnitude threats Threatened or Endangered Species we make a finding within 12 months of that are imminent. the date of receipt of the petition. In this Plaintiffs amended their complaint in AGENCY: Fish and Wildlife Service, finding, we determine whether the May 2004, to allege that the Service’s Interior. petitioned action is: (a) Not warranted, warranted but precluded finding and ACTION: Notice of the results of a status (b) warranted, or (c) warranted, but decision not to emergency list the review. immediate proposal of a regulation Gunnison sage-grouse were in violation implementing the petitioned action is of the Act. The parties filed a stipulated SUMMARY: We, the U.S. Fish and precluded by other pending proposals to settlement agreement with the court on Wildlife Service (Service), announce our determine whether species are November 14, 2005, which included a 12–month finding on whether to list the threatened or endangered, and provision that the Service would make Gunnison sage-grouse (Centrocercus expeditious progress is being made to a proposed listing determination by minimus) as threatened or endangered add or remove qualified species from March 31, 2006. On March 28, 2006, the under the Endangered Species Act of the Federal Lists of Endangered and plaintiffs agreed to a one-week 1973, as amended (Act). After reviewing Threatened Wildlife and Plants. Section extension (April 7, 2006) for this the best available scientific and 4(b)(3)(C) of the Act requires that we determination. commercial information, we find that treat a petition for which the requested In April 2005, the Colorado Division the species is warranted for listing. action is found to be warranted but of Wildlife (CDOW) applied to the Currently, however, listing the precluded as though resubmitted on the Service for an Enhancement of Survival Gunnison sage-grouse is precluded by date of such finding, that is, requiring a Permit for the Gunnison sage-grouse higher priority actions to amend the subsequent finding to be made within pursuant to section 10(a)(1)(A) of the Lists of Endangered and Threatened 12 months. We must publish these 12– Act. The permit application included a Wildlife and Plants. Upon publication month findings in the Federal Register. proposed Candidate Conservation of this 12-month finding, we will add Agreement with Assurances (CCAA) the Gunnison sage-grouse to our Previous Federal Actions between CDOW and the Service. The candidate species list. We will develop On January 18, 2000, we designated standard that a CCAA must meet is that a proposed rule to list this species as the Gunnison sage-grouse as a candidate the ‘‘benefits of the conservation our priorities allow. We will make any species under the Act, with a listing measures implemented under a CCAA, determination on critical habitat during priority number of 5. However, when combined with those benefits that development of the proposed listing Candidate Notices of Review (CNOR) would be achieved if it is assumed that rule. are only published annually; therefore, conservation measures were also to be the Federal Register notice regarding implemented on other necessary DATES: The determination announced in this document was made on September this decision was not published until properties, would preclude or remove any need to list the species.’’ The CCAA, 28, 2010. December 28, 2000 (65 FR 82310). Candidate species are plants and the permit application, and the ADDRESSES: This finding is available on animals for which the Service has Environmental Assessment were made the Internet at http:// sufficient information on their available for public comment on July 6, www.regulations.gov at Docket Number biological status and threats to propose 2005 (70 FR 38977). The CCAA and FWS-R6-ES-2009-0080. Supporting them as endangered or threatened under Environmental Assessment were documentation we used in preparing the Act, but for which the development finalized in October 2006, and the this finding is available for public of a proposed listing regulation is associated permit was issued on October inspection, by appointment, during precluded by other higher priority 23, 2006. Landowners with eligible normal business hours at the U.S. Fish listing activities. A listing priority of 5 property in southwestern Colorado who and Wildlife Service, Western Colorado is assigned to species with high wish to participate can voluntarily sign Ecological Services Field Office, U.S. magnitude threats that are non- up under the CCAA and associated Fish and Wildlife Service, 764 Horizon imminent. permit through a Certificate of Inclusion Drive, Building B, Grand Junction, On January 26, 2000, American Lands by providing habitat protection or Colorado 81506-3946. Please submit any Alliance, Biodiversity Legal Foundation, enhancement measures on their lands. If new information, materials, comments, and others petitioned the Service to list the Gunnison sage-grouse is listed under or questions concerning this finding to the Gunnison sage-grouse (Webb 2000, the Act, the permit authorizes incidental the above address. pp. 94-95). In 2003, the U.S. District take of Gunnison sage-grouse due to FOR FURTHER INFORMATION CONTACT: Court ruled that the species was otherwise lawful activities in Allan Pfister, Western Colorado designated as a candidate by the Service accordance with the terms of the CCAA Supervisor (see ADDRESSES section); by prior to receipt of the petition, and that (e.g., crop cultivation, crop harvesting, telephone at (970) 243-2778 ext. 29; or the determination that a species should livestock grazing, farm equipment by facsimile at (970) 245-6933. If you be on the candidate list is equivalent to operation, commercial/residential use a telecommunications device for the a 12-month finding (American Lands development, etc.), as long as the deaf (TDD), please call the Federal Alliance v. Gale A. Norton, C.A. No. 00- participating landowner is performing VerDate Mar<15>2010 15:24 Sep 27, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\28SEP2.SGM 28SEP2 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Proposed Rules 59805 activities identified in the Certificate of Biology and Ecology of Gunnison Sage- as a distinct species. The current ranges Inclusion. Four Certificates of Inclusion grouse of the two species do not overlap (Schroeder et al. 2004, p. 369). Due to have been issued by the CDOW and Gunnison Sage-grouse Species the several lines of evidence separating Service to private landowners to date. Description the two species cited above, we On April 11, 2006, the Service Sage-grouse are the largest grouse in determined that the best available determined that listing the Gunnison North America. Sage-grouse (both information indicates that the Gunnison sage-grouse as a threatened or greater and Gunnison) are most easily sage-grouse is a valid taxonomic species endangered species was not warranted identified by their large size, dark and a listable entity under the Act. and published the final listing brown color, distinctive black bellies, determination in the Federal Register long pointed tails, and association with Life History Characteristics on April 18, 2006 (71 FR 19954). sagebrush habitats. They are dimorphic Gunnison and greater sage-grouse Consequently, we removed Gunnison in size, with females being smaller. Both depend on a variety of shrub-steppe sage-grouse from the candidate species sexes have yellow-green eye combs, habitats throughout their life cycle and list at the time of the final listing which are less prominent in females. are considered obligate users of several determination. On November 14, 2006, Sage-grouse are known for their species of sagebrush (Patterson 1952, p. Plaintiffs (the County of San Miguel, elaborate mating ritual where males 42; Braun et al. 1976, p. 168; Schroeder Colorado; Center for Biological congregate on strutting grounds called et al. 1999, pp. 4-5; Connelly et al. Diversity; WildEarth Guardians; Public leks and ‘‘dance’’ to attract a mate. 2000a, pp. 970-972; Connelly et al. Employees for Environmental During the breeding season, males have 2004, p. 4-1, Miller et al. in press, p. 10). Responsibility; National Audubon conspicuous filoplumes (specialized Dietary requirements of the two species Society; The Larch Company; Center for erectile feathers on the neck), and are also similar, being composed of exhibit yellow-green apteria (fleshy bare nearly 100 percent sagebrush in the Native Ecosystems; Sinapu; Sagebrush patches of skin) on their breasts winter, and forbs and insects as well as Sea Campaign; Black Canyon Audubon (Schroeder et al.