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Federal Register/Vol. 79, No. 194 Federal Register / Vol. 79, No. 194 / Tuesday, October 7, 2014 / Rules and Regulations 60365 applicant in preparation of a program of FOR FURTHER INFORMATION CONTACT: Suleiman markhor (Capra falconeri projects. This work may involve joint Janine Van Norman, Chief, Branch of jerdoni), and the Kabul markhor (C. f. site inspections to view damage and Foreign Species, Ecological Services megaceros), as well as 157 other U.S. reach tentative agreement on the type of Program, U.S. Fish and Wildlife Service; and foreign vertebrates and permanent repairs the applicant will telephone 703–358–2171; facsimile invertebrates, as endangered under the undertake. Project information should 703–358–1735. If you use a Act (41 FR 24062). All species were be kept to a minimum, but should be telecommunications device for the deaf found to have declining numbers due to sufficient to identify the approved (TDD), please call the Federal the present or threatened destruction, disaster or catastrophe and to permit a Information Relay Service (FIRS) at modification, or curtailment of their determination of the eligibility of 800–877–8339. habitats or ranges; overutilization for proposed work. If the appropriate FTA SUPPLEMENTARY INFORMATION: commercial, sporting, scientific, or Regional Administrator determines the educational purposes; the inadequacy of damage assessment report is of Executive Summary existing regulatory mechanisms; or sufficient detail to meet these criteria, I. Purpose of the Regulatory Action some combination of the three. additional project information need not However, the main concerns were the We are combining two subspecies of be submitted. high commercial importance and the (g) The appropriate FTA Regional markhor currently listed under the inadequacy of existing regulatory Administrator’s approval of the grant Endangered Species Act of 1973, as mechanisms to control international application constitutes a finding of amended (Act), the straight-horned trade. eligibility under 49 U.S.C. 5324. markhor (Capra falconeri jerdoni) and Subsequent to the listing in 1976, the Kabul markhor (C. f. megaceros), into [FR Doc. 2014–23806 Filed 10–6–14; 8:45 am] Suleiman markhor and the Kabul one subspecies, the straight-horned markhor were later considered by some BILLING CODE 4910–57–P markhor (C. f. megaceros), based on a authorities to be the single subspecies C. taxonomic change. We are listing the f. megaceros (straight-horned markhor). straight-horned markhor (C. f. However, the Suleiman markhor and the DEPARTMENT OF THE INTERIOR megaceros) as threatened under the Act. Kabul markhor remained listed as We are also finalizing a rule under Fish and Wildlife Service separate subspecies under the Act. section 4(d) of the Act that allows the On March 4, 1999, we received a import of sport-hunted straight-horned petition from Sardar Naseer A. Tareen, 50 CFR Part 17 markhor trophies under certain on behalf of the Society for Torghar [Docket No. FWS–R9–ES–2011–0003; conditions. This regulation supports Environmental Protection and the FXES111309F2460–145–FF09E22000] and encourages conservation actions for International Union for Conservation of RIN 1018–AY42 the straight-horned markhor. Nature (IUCN) Central Asia Sustainable Use Specialist Group, requesting that II. Major Provision of the Regulatory the Suleiman markhor (C. f. jerdoni or Endangered and Threatened Wildlife Action and Plants; Listing the Straight-Horned C. f. megaceros) population of the Markhor as Threatened With a Rule This action eliminates the separate Torghar Hills region of the Balochistan Under Section 4(d) of the ESA listing of the straight-horned markhor Province, Pakistan, be reclassified from and Kabul markhor as endangered and endangered to threatened under the Act. AGENCY: Fish and Wildlife Service, adds the combined straight-horned On September 23, 1999 (64 FR 51499), Interior. markhor subspecies as threatened on the we published in the Federal Register a ACTION: Final rule. List of Endangered and Threatened finding, in accordance with section Wildlife at 50 CFR 17.11(h), and allows 4(b)(3)(A) of the Act, that the petition SUMMARY: We, the U.S. Fish and the import of sport-hunted straight- had presented substantial information Wildlife Service (Service), determine horned markhor trophies under certain indicating that the requested threatened status for the straight-horned conditions at 50 CFR 17.40(d). This reclassification may be warranted, and markhor (Capra falconeri megaceros), action is authorized by the Act. we initiated a status review. We opened under the Endangered Species Act of a comment period, which closed Background 1973, as amended (Act). We are also January 21, 2000, to allow all interested publishing a concurrent rule under The Endangered Species Act of 1973, parties to submit comments and section 4(d) of the Act. This rule as amended (ESA or Act) (16 U.S.C. information. A 12-month finding was protects and conserves the straight- 1531 et seq.), is a law that was passed never completed. horned markhor, while encouraging to prevent extinction of species by On August 18, 2010, we received a local communities to conserve providing measures to help alleviate the petition dated August 17, 2010, from additional populations of the straight- loss of species and their habitats. Before Conservation Force, on behalf of Dallas horned markhor through sustainable-use a plant or animal species can receive the Safari Club, Houston Safari Club, management programs. protection provided by the Act, it must African Safari Club of Florida, The DATES: This rule becomes effective first be added to the Federal List of Conklin Foundation, Grand Slam Club/ November 6, 2014. Endangered and Threatened Wildlife or Ovis, Wild Sheep Foundation, Jerry ADDRESSES: This final rule is available the Federal List of Endangered and Brenner, Steve Hornaday, Alan on the Internet at http:// Threatened Plants; section 4 of the Act Sackman, and Barbara Lee Sackman, www.regulations.gov and comments and and its implementing regulations at 50 requesting the Service downlist the materials received, as well as supporting CFR part 424 set forth the procedures Torghar Hills population of the documentation used in the preparation for adding species to these lists. Suleiman markhor (Capra falconeri of this rule, will be available for public jerdoni or C. f. megaceros), in the inspection, by appointment, during Previous Federal Actions Balochistan Province of Pakistan, from normal business hours at: U.S. Fish and On June 14, 1976, we published in the endangered to threatened under the Act. Wildlife Service; 5275 Leesburg Pike; Federal Register a rule listing the On June 2, 2011, we published in the Falls Church, VA 22041. straight-horned markhor, or the Federal Register a finding that the VerDate Sep<11>2014 16:08 Oct 06, 2014 Jkt 235001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\07OCR1.SGM 07OCR1 asabaliauskas on DSK5VPTVN1PROD with RULES 60366 Federal Register / Vol. 79, No. 194 / Tuesday, October 7, 2014 / Rules and Regulations petition had presented substantial scientists was needed before combining minimal range-use overlap, and the information indicating that the the two subspecies into one. markhor’s habitat is secure under requested reclassification may be current management. However, the Peer Review warranted, and we initiated a status straight-horned markhor occupies a review (76 FR 31903). In accordance with our policy narrow geographic range, and threats On February 1, 2012, Conservation published on July 1, 1994 (59 FR acting on critically low populations Force, Dallas Safari Club, and other 34270), we solicited expert opinions outside Torghar Hills are likely to organizations and individuals filed suit from five individuals with scientific continue in the foreseeable future. against the Service for failure to conduct expertise that included familiarity with Moreover, within the foreseeable future, a 5-year status review pursuant to the species, the geographic region in pressures on habitat in the Torghar Hills section 4(c)(2)(A) under the Act which the species occurs, and and interactions between livestock and (Conservation Force, et al. v. Salazar, conservation biology principles. We markhor are likely to increase with the Case No. 11 CV 02008 D.D.C.). On received responses from three of the growth of domestic livestock herds, the March 30, 2012, a settlement agreement peer reviewers from whom we requested biannual migration of local tribes, and was approved by the Court (11–CV– comments. The peer reviewers stated the expansion of markhor populations 02008, D.D.C.), in which the Service that the revised proposed rule was in the TCP, resulting in the subspecies agreed to submit to the Federal Register accurate and our conclusions were as a whole being at risk of extinction by July 31, 2012, a 12-month finding on logical; no substantive comments were due to the strong likelihood of a the August 2010 petition. In fulfillment provided. Technical corrections catastrophic or stochastic event (e.g., of the court-ordered settlement suggested by the peer reviewers have disease) impacting the Torghar Hills agreement and the requirement to been incorporated into this final rule. In population. Should a catastrophic or conduct a 5-year status review under some cases, a technical correction is stochastic event (e.g., disease) impact section 4(c)(2)(A) of the Act, the Service indicated in the citations by ‘‘personal the Torghar Hills population, this published in the Federal Register a 12- communication’’ (pers. comm.), which single, stable population would likely month finding and proposed rule to could indicate either an email or not provide a sufficient margin of safety reclassify the straight-horned markhor telephone conversation; in other cases, for the subspecies. Thus, these factors (C. f. jerdoni) from endangered to the research citation is provided. indicate that the straight-horned threatened with a rule issued under Public Comments markhor, while not at risk of extinction section 4(d) of the Act (known as a 4(d) now, will likely become in danger of rule) (77 FR 47011) on August 7, 2012.
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