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Department of the Interior Vol. 77 Tuesday, No. 200 October 16, 2012 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Neosho Mucket, Threatened Status for the Rabbitsfoot, and Designation of Critical Habitat for Both Species; Proposed Rule VerDate Mar<15>2010 17:16 Oct 15, 2012 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16OCP2.SGM 16OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS 63440 Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Proposed Rules DEPARTMENT OF THE INTERIOR We will post all comments on http:// populations live in waters considered www.regulations.gov. This generally impaired under section 303(d) of the Fish and Wildlife Service means that we will post any personal Clean Water Act or have numerous information you provide us (see the tributaries in their watersheds also 50 CFR Part 17 Public Comments section below for listed as impaired. Thus, these mussels [Docket No. FWS–ES–R4–2012–0031; more information). are subjected to water quality and 4500030113] FOR FURTHER INFORMATION CONTACT: quantity and sediment quality constraints. These constraints RIN 1018–AX73 James F. Boggs, Field Supervisor, U.S. Fish and Wildlife Service, Arkansas (impairment) are expected to be Endangered and Threatened Wildlife Ecological Services Office, 110 South exacerbated by increased water demand, and Plants; Proposed Endangered Amity Road, Suite 300, Conway, AR habitat degradation, and climate change. Status for the Neosho Mucket, 72032, by telephone 501–513–4470 or Therefore, the viability of the majority Threatened Status for the Rabbitsfoot, by facsimile 501–513–4480. Persons of rabbitsfoot populations is uncertain. • The majority of extant rabbitsfoot and Designation of Critical Habitat for who use a telecommunications device populations are marginal to small (40 of Both Species for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 51 extant populations (78 percent)) and AGENCY: Fish and Wildlife Service, 800–877–8339. isolated (41 of 51 extant populations (80 Interior. percent)); because of the isolation, it is SUPPLEMENTARY INFORMATION: This unlikely that recruitment between ACTION: Proposed rule. document consists of: (1) A proposed populations or establishment of new rule to list the Neosho mucket SUMMARY: We, the U.S. Fish and populations could occur naturally. Wildlife Service, propose to list the (Lampsilis rafinesqueana) as • We are proposing to list the Neosho Neosho mucket (Lampsilis endangered and rabbitsfoot (Quadrula mucket as an endangered species in rafinesqueana), a freshwater mussel, as cylindrica cylindrica) as threatened; and Arkansas, Kansas, Missouri, and endangered and rabbitsfoot (Quadrula (2) a proposed critical habitat Oklahoma and the rabbitsfoot as a cylindrica cylindrica), a freshwater designation for both species. threatened species in Alabama, mussel, as threatened under the Executive Summary Arkansas, Georgia, Kansas, Kentucky, Endangered Species Act; and propose to Illinois, Indiana, Louisiana, Mississippi, Why we need to publish a rule. Under designate critical habitat for both Missouri, Ohio, Oklahoma, the Endangered Species Act (Act), a species. This rule fulfills our obligation Pennsylvania, Tennessee, and West species may warrant protection through under a settlement agreement. The effect Virginia. of this regulation is to conserve the listing if it is endangered or threatened The basis for our action. Under the Neosho mucket and rabbitsfoot and throughout all or a significant portion of Endangered Species Act, a species may their habitats under the Endangered its range. The Neosho mucket and be determined to be endangered or Species Act. rabbitsfoot are highly restricted in their threatened based on any of five factors: DATES: We will accept comments ranges and the threats occur throughout (1) Destruction, modification, or received or postmarked on or before their ranges; therefore, the species curtailment of its habitat or range; (2) December 17, 2012. Comments qualify for listing. We are proposing to overuse; (3) disease or predation; (4) submitted electronically using the list the Neosho mucket as an inadequate existing regulations; or (5) Federal eRulemaking Portal (see endangered species and rabbitsfoot as a other natural or manmade factors. ADDRESSES section, below) must be threatened species. Their protection We have determined that both species received by 11:59 p.m. Eastern Time on under the Act can only be done by are threatened by destruction, the closing date. We must receive issuing a rule. • modification, or curtailment of habitat requests for public hearings, in writing, We estimate the Neosho mucket has or range, inadequate existing regulatory at the address shown in the ADDRESSES been extirpated (no longer in existence) mechanisms, and other manmade section by November 30, 2012. from approximately 62 percent of its factors: ADDRESSES: You may submit comments historical range with only 9 of the 16 This rule designates critical habitat by one of the following methods: historical populations remaining for each species. (1) Electronically: Go to the Federal (extant). This mussel is declining • We are proposing to designate eRulemaking Portal: http:// rangewide (eight of the nine extant critical habitat for the Neosho mucket in www.regulations.gov. In the Keyword populations) with only one remaining Arkansas, Kansas, Missouri, and box, enter Docket No. FWS–R4–ES– large viable population. Oklahoma and for the rabbitsfoot in • 2012–0031, which is the docket number We estimate the rabbitsfoot has Alabama, Arkansas, Illinois, Indiana, for this rulemaking. Then, in the Search been extirpated from approximately 64 Kansas, Kentucky, Mississippi, panel on the left side of the screen, percent of its historical range. While 51 Missouri, Ohio, Oklahoma, under the Document Type heading, of the 140 historical populations are Pennsylvania, and Tennessee. click on the Proposed Rules link to extant (remain), only 11 populations (22 • In total, approximately 779 river locate this document. You may submit percent of extant populations or 8 kilometers (rkm) (484 river miles (rmi)) a comment by clicking on ‘‘Send a percent of the historical populations) in the Cottonwood, Elk, Fall, Illinois, Comment or Submission.’’ are viable; 23 populations (45 percent of Neosho, Shoal, Spring, North Fork (2) By hard copy: Submit by U.S. mail extant populations) are at risk of Spring, and Verdigris Rivers are being or hand-delivery to: Public Comments extirpation; and 17 populations (33 proposed for designation as critical Processing, Attn: FWS–R4–ES–2012– percent of extant populations) show habitat for the Neosho mucket in 0031; Division of Policy and Directives limited recruitment with little evidence Arkansas, Kansas, Missouri, and Management; U.S. Fish and Wildlife of sustainability. Rabbitsfoot is Oklahoma. Service; 4401 N. Fairfax Drive, MS extirpated from 2 States within its • The proposed critical habitat for the 2042–PDM; Arlington, VA 22203. historical range. Neosho mucket is located in: We request that you send comments • The majority (8 of the 11 or 73 Æ Benton and Washington Counties, only by the methods described above. percent) of the viable rabbitsfoot Arkansas; VerDate Mar<15>2010 17:16 Oct 15, 2012 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\16OCP2.SGM 16OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Proposed Rules 63441 Æ Allen, Chase, Cherokee, Coffey, Elk, Information Requested (9) Any foreseeable economic, Greenwood, Labette, Montgomery, We intend that any final action national security, or other relevant Neosho, Wilson, and Woodson resulting from this proposal will be impacts that may result from Counties, Kansas; based on the best scientific and designating any area that may be Æ Jasper, Lawrence, McDonald, and commercial data available and be as included in the final designation. We Newton Counties, Missouri; and accurate and as effective as possible. are particularly interested in any Æ Adair, Cherokee, and Delaware Therefore, we request comments or impacts on small entities, and the benefits of including or excluding areas Counties, Oklahoma. information from the public, other from the proposed designation that are • In total, approximately 2,662 rkm concerned governmental agencies, (1,654 rmi) in the Neosho, Spring subject to these impacts. Native American tribes, the scientific (10) Whether our approach to (Arkansas River system), Verdigris, community, industry, or any other designating critical habitat could be Black, Buffalo, Little, Ouachita, Saline, interested party concerning this improved or modified in any way to Middle Fork Little Red, Spring (White proposed rule. We particularly seek provide for greater public participation River system), South Fork Spring, comments concerning: and understanding, or to assist us in Strawberry, White, St. Francis, Big (1) Biological, commercial trade, or accommodating public concerns and Sunflower, Big Black, Paint Rock, Duck, other relevant data concerning any comments. Tennessee, Red, Ohio, Allegheny, threats (or lack thereof) to these species (11) The likelihood of adverse social Green, Tippecanoe, Walhonding, and regulations that may be addressing reactions to the designation of critical Middle Branch North Fork Vermilion, those threats. habitat and how the consequences of and North Fork Vermilion Rivers and (2)
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