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Department of the Interior Vol. 77 Tuesday, No. 181 September 18, 2012 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List 14 Aquatic Mollusks as Endangered or Threatened; Proposed Rule VerDate Mar<15>2010 19:50 Sep 17, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\18SEP2.SGM 18SEP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 57922 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules DEPARTMENT OF THE INTERIOR public to submit to us new information SPR = significant portion of the range that becomes available concerning SWRCB = State Water Resources Control Fish and Wildlife Service threats to these mollusks. Board THP = Timber Harvest Plan DATES: The finding announced in this 50 CFR Part 17 document was made on September 18, Background [Docket No. FWS–R8–ES–2011–0076: 2012. Section 4(b)(3)(B) of the Act (16 4500030113] ADDRESSES: This finding is available on U.S.C. 1531 et seq.) requires that, for the Internet at http:// any petition to revise the Federal Lists Endangered and Threatened Wildlife www.regulations.gov at Docket Number of Threatened and Endangered Wildlife and Plants; 12-Month Finding on a FWS–R8–ES–2011–0076. Supporting and Plants that contains substantial Petition To List 14 Aquatic Mollusks as documentation we used in preparing scientific or commercial information Endangered or Threatened this finding is available for public that listing a species may be warranted, AGENCY: Fish and Wildlife Service, inspection, by appointment, during we make a finding within 12 months of Interior. normal business hours at the U.S. Fish the date of receipt of the petition. In this ACTION: Notice of 12-month petition and Wildlife Service, Sacramento Fish finding, we will determine that the finding. and Wildlife Office, 2800 Cottage Way, petitioned action is: (1) Not warranted; Room W–2605, Sacramento, California (2) warranted; or (3) warranted, but the SUMMARY: We, the U.S. Fish and 95825. Please submit any new immediate proposal of a regulation Wildlife Service (Service), announce a information, materials, comments, or implementing the petitioned action is 12-month finding on a petition to list questions concerning this finding to the precluded by other pending proposals to the basalt juga (Juga new species (n. sp.) above address. determine whether species are 2), canary duskysnail (Colligyrus FOR FURTHER INFORMATION CONTACT: endangered or threatened, and convexus), cinnamon juga (Juga n. sp. Listing Coordinator, U.S. Fish and expeditious progress is being made to 3), Columbia duskysnail (Colligyrus n. Wildlife Service, Sacramento Fish and add or remove qualified species from sp. 1), Fredenburg pebblesnail Wildlife Office (see ADDRESSES); by the Federal Lists of Endangered and (Fluminicola n. sp. 11), Goose Valley telephone at 916–414–6600; or by Threatened Wildlife and Plants. Section pebblesnail (Fluminicola anserinus), facsimile at 916–414–6712 mailto:. If 4(b)(3)(C) of the Act requires that we Hat Creek pebblesnail (Fluminicola you use a telecommunications device treat a petition for which the requested umbilicatus), Klamath Rim pebblesnail for the deaf (TDD), please call the action is found to be warranted but (Fluminicola n. sp. 3), knobby rams- Federal Information Relay Service precluded as though resubmitted on the horn (Vorticifex n. sp. 1), masked (FIRS) at 800–877–8339. date of such finding, that is, requiring a duskysnail (Colligyrus n. sp. 2), nugget SUPPLEMENTARY INFORMATION: subsequent finding to be made within pebblesnail (Fluminicola seminalis), 12 months. We must publish these 12- List of Acronyms Potem Creek pebblesnail (Fluminicola month findings in the Federal Register. potemicus), Shasta pebblesnail To assist the reader, the following is (Fluminicola multifarius), and tall a partial list of acronyms that are used Previous Federal Actions pebblesnail (Fluminicola n. sp. 2) as in this document. On March 17, 2008, we received a endangered or threatened, and to ACS = Aquatic Conservation Strategy petition dated March 13, 2008, from five designate critical habitat, under the ANSTF = Aquatic Nuisance Species Task conservation organizations: The Center Endangered Species Act of 1973, as Force for Biological Diversity (CBD), amended (Act). The Fredenburg BNSF = Burlington Northern and Santa Fe Conservation Northwest, the pebblesnail and the Klamath Rim CAL FIRE = California Department of Environmental Protection Information pebblesnail were referred to in the Forestry and Fire Protection Center, the Klamath-Siskiyou Wildlands petition and in our 90-day finding (76 CBD = Center for Biological Diversity Center, and Oregon Wild. The petition FR 61826) as the nerite pebblesnail and CDFG = California Department of Fish and asked us to list 32 species and Game the diminutive pebblesnail, respectively CDPR = California Department of Parks and subspecies of snails and slugs (see Clarification Regarding Common Recreation (mollusks) in the Pacific Northwest as Names for Two Petitioned Aquatic CNDDB = California Natural Diversity threatened or endangered under the Act. Mollusks, below). After review of the Database Additionally, the petition requested that best available scientific and commercial DPS = distinct population segment we designate critical habitat concurrent information, we find that listing the FERC = Federal Energy Regulatory with listing. The petition clearly basalt juga, cinnamon juga, Columbia Commission identified itself as a petition and duskysnail, Fredenburg pebblesnail, FPA = Forest Practice Act included identification information Klamath Rim pebblesnail, knobby rams- FRRCD = Fall River Resource Conservation regarding the petitioners, as required by District horn, masked duskysnail, and tall IPCC = Intergovernmental Panel on Climate title 50 of the Code of Federal pebblesnail is not warranted at this time Change Regulations (CFR) in 424.14(a). The because these snails do not constitute NBII = National Biological Information petition included the 14 aquatic listable entities under the Act (see Infrastructure mollusk species addressed in this Listable Entity Evaluation, below). We NWP = Northwest Forest Plan finding, and provided supporting ask the public to submit to us new OHV = off-highway vehicle information regarding the species’ information that becomes available ORNHIC = Oregon Natural Heritage and taxonomy and ecology, range, present concerning the taxonomic status of Information Center status, and actual and potential causes these mollusks. We find that listing the PDA = Public Domain Allotment of decline. PGE = Pacific Gas and Electric Company canary duskysnail, Goose Valley RCAs = Riparian Conservation Areas In a June 27, 2008, letter to the pebblesnail, Hat Creek pebblesnail, SHU = Shasta–Trinity Unit petitioners, we responded that we had nugget pebblesnail, Potem Creek SMP = Survey and Manage Program reviewed the information presented in pebblesnail, and Shasta pebblesnail is SNFPA = Sierra Nevada Forest Plan the petition and determined that issuing not warranted at this time. We ask the Amendment an emergency regulation temporarily VerDate Mar<15>2010 20:20 Sep 17, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\18SEP2.SGM 18SEP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules 57923 listing the species as per section 4(b)(7) petition as the Klamath Rim pebblesnail the diminutive and nerite pebblesnails, of the Act was not warranted. We also and the Fredenburg pebblesnail, respectively. stated that we could not address their respectively (76 FR 61836, 61843). Listable Entity Evaluation petition at that time due to court orders Information that we reviewed for this and judicially approved settlement status review indicates that the only Section 3(16) of the Act defines the agreements for other listing and critical accepted common names for these term ‘‘species’’ to include ‘‘any habitat determinations under the Act mollusks are the Klamath Rim subspecies of fish or wildlife or plants, that required nearly all of our listing pebblesnail and the Fredenburg and any distinct population segment and critical habitat funding for fiscal pebblesnail. The only sources that refer (DPS) of any species of vertebrate fish or years 2008 and 2009. We indicated that to these two mollusks by the common wildlife which interbreeds when we anticipated making an initial finding names used in the petition are the mature.’’ Taxonomic groups or entities on their petition in fiscal year 2010. Oregon Natural Heritage and that meet the Act’s definition of a On April 13, 2009, we received a Information Center (ORNHIC) (2004d, p. ‘‘species’’ can be considered for listing signed email from CBD providing 1) for the diminutive pebblesnail, and under the Act and are, therefore, updated taxonomic information ORNHIC (2004j, p. 1) for the nerite referred to as ‘‘listable entities.’’ Listable regarding some of the 32 petitioned pebblesnail. However, these must be entities can then be listed if they are mollusk species (Curry 2009, pp. 1–2). incorrect rather than simply alternate determined to meet the definition of The email indicated that two of the common names because Frest and either an endangered or threatened species had been formally described, Johannes (the original discoverers of species. two others had been combined into a these snails) refer to all four named Of the 14 aquatic mollusks
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